JUDICIARY TO MEET.
ARE WE GOING TO START AS A SUB.
OF ALL THE OTHER MEMBERS ARE
APPARENTLY EITHER PRESENTING OR
ANOTHER COMMITTEES AND WE'VE GOT.
A LONG CALENDAR AHEAD OF US --
WE WILL LOVE -- GO AHEAD THEN
AND STARRED IN IT ADDRESS ISSUES
AND THEN WHEN WE GET THE
APPROPRIATE.
NUMBER OF PEOPLE -- WE WILL
ESTABLISH A QUORUM BUT WE WILL
START AS A SUB COMMITTEE.
I'D LIKE -- TO NOTE THAT SB SIX
FIFTY BY SENATOR RUBIO.
HAS BEEN PULLED FROM TODAY'S
CALENDAR WILL NOT BE HEARD --
ALSO SB FOUR EIGHTY TWO BY
SENATOR HUESO HAS ALSO BEEN
PULLED SO IF YOU ARE HERE FOR
EITHER OF THOSE TWO BILLS YOU'RE
MORE THAN WELCOME TO STAY BUT WE
WON'T BE HEARING THE BILLS SO.
YOU'RE ALSO.
MORE THAN FREE. TO TO GO ABOUT
YOUR OTHER BUSINESS.
WE HAVE A ROBUST CALENDAR BILLS --
AND I WOULD ASK EVERYONE TO
PLEASE KEEP THE NOISE LEVEL TO A
MINIMUM SO EVERYONE IN THE ROOM
CAN HEAR.
WHAT IS BEING SAID IF YOU NEED
TO LEAVE PLEASE TRY TO CLOSE THE
DOOR -- AS QUICKLY AS YOU CAN
THE NOISE IN THE HALLWAY
RESONATES AND IT MAKES IT
DIFFICULT FOR US -- TO HAVE
CLARITY IN THIS DISCUSSION.
IF WE GET ONE MORE MEMBER WE
WILL BE ABLE. TO ONE MORE MEMBER
WILL ESTABLISH A QUORUM SO IF WE
COULD TRY TO LOWER SOMEONE.
WIECKOWSKI IS COMING GOOD WILL
BE ABLE TO ESTABLISH THAT QUORUM --
pEVERYONE SPEAKING ON A BILL
TODAY -- WHETHER IT'S ANAUTHOR
OR SOMEONE SPEAKING IN SUPPORT
OR OPPOSITION AND YOU'LL NOTE.
THAT THERE IS A MICROPHONE UP
THERE AS WELL THE PLEASE SPEAK
IN NORMAL CONVERSATIONAL TONES --
WE WANT EVERYBODY TO BE ABLE TO
HEAR BUT WE WANT TO ALSO MAKE
SURE THAT WE'RE BEING RESPECTFUL
AND THERE'S NO SHOUTING -- I
THINK WE'LL BE ABLE TO HEAR IN
THE NORMAL TONE OF VOICE SO.
WE HAVE EIGHT ITEMS FROM
PROPOSED CONSENT OUT OF A
CALENDAR OF THIRTY BILLS.
OF FILE ITEM NUMBER TWO SB
SEVENTEEN BY SENATOR ON BURKE.
FILE ITEM NUMBER SIX SB TWO
EIGHTEEN BY SENATOR BRADFORD
WITH AMENDMENTS FILE ITEM ELEVEN
SB THREE THIRTY SEVEN BY SENATOR
SKINNER WITH AMENDMENTS.
FILE ITEM TWELVE SB THREE
SEVENTY SEVEN BY SENATOR MCGUIRE
FILE ITEM SEVENTEEN AS BEFORE
NINETY SIX BY SENATOR MORE LOCK
WITH AMENDMENTS.
FILE ITEM EIGHTEEN SB FIVE OH
SIX BY SENATOR HUESO FILE ITEM
TWENTY THREE SB FIVE NINETY BY
SENATOR STONE.
AND FILE ITEMS FILE ITEM TWENTY
SIX SB SIX EIGHTY THREE BY
SENATOR GROVE WITH AMENDMENTS.
SO IF YOU'RE HERE ON THOSE BILLS
THOSE WILL BE.
AVAILABLE ON THE CONSENT
CALENDAR AND THIS IS SOON AS WE
ESTABLISH A QUORUM WE WILL --
PROCEED WITH THOSE MEASURES WE
NEED ONE MORE MEMBER -- TO BE
ABLE TO DO THAT BUT IN THE
MEANTIME -- WILL TURN TO OTHER
MEASURES ON OUR CALENDAR.
THE RULES IN THIS COMMITTEE AND
I'M GOING TO TRY TO STICK BY
THEM PRETTY OF US IS STRINGENTLY
TODAY.
WE INVITE THE AUTHOR TO COME IN
AND WE DO -- HERE MEASURES IN
FILE ORDER DEPENDING UPON WHO
WHAT THE AUTHORS ARE HERE TO
PRESENT.
WE WOULD LIKE THE AUTHOR TO
PRESENT HIS OR HER BILL.
FOLLOWED BY NO MORE THAN TWO
WITNESSES A TWO MINUTES EACH.
WE WILL THEN ALLOW OTHERS WHO
ARE IN SUPPORT TO COME TO THE
MICROPHONE GIVE THEIR NAME AND
AFFILIATION AND EDUCATE THEIR
SUPPORT.
WE WILL THEN DO THE EXACTLY THE
SAME FOR THE OPPOSITION TWO
WITNESSES TWO MINUTES EACH AND
THEN INVITE.
ALL THOSE ADDITIONAL INDIVIDUALS
IN OPPOSITION TO COME UP TO THE
MIKE.
GIVE THEIR NAME AFFILIATION AND
THEIR OPPOSITION AND OF WITHOUT
[inaudible]
OF WE NOW CAN ESTABLISH OUR
QUORUM CHAU MADAM SECRETARY
WOULD YOU PLEASE CALL THE ROLL.
JACKSON HERE JACKSON HERE ORDERS.
ORDERS HERE ALLEN.
CABALLERO.
JONES.
MONNING.
MONNING HERE STERN.
BURKE.
NUMBER HERE WHITE HOUSE SKI HERE
I GOT HERE A QUORUM IS PRESENT
WE WILL ENTERTAIN A MOTION. TO
CONFIRM -- TO VOTE ON THE
CONSENT CALENDAR -- BY SENATOR
MONNING.
CONSENT COUNTERSHAFT IDENTIFIED
PLEASE CALL THE ROLL JACKSON HI
JACKSON I'D BORDERS.
HE'S NOT HERE FOR A ALLEN
[inaudible]
CABALLERO.
JONES.
MONNING.
MONEY AYE STERN.
I'M BURKE.
ARMORED IOWA CALLOUSLY WITH
HEALTHY AYE ALL RIGHT THAT THE
IT HAS FOUR VOTES WE WILL --
KEEP THAT ROLE OPEN END OF
BECAUSE SB ONE WHICH WOULD BE
THE FIRST MATTER IS -- BY
SENATOR ATKINS IT WILL BE
PRESENTED BY HER CO AUTHOR
SENATOR STERN WHO IS A MEMBER OF
THE COMMITTEE SO WE WILL B
HEARING THAT BILL AT A LATER
TIME TODAY.
AND SO THE FIRST MEASURE THAT WE
WILL HEAR.
WE'LL BE -- BY SENATOR HILL WHO
IS THE ONLY AUTHOR PRESENCE SO --
PERFECTLY TIME SENATOR HILL.
AND THIS IS FILE ITEM NINE SB.
THREE TWENTY SIX WONDERFUL
ALREADY AND SENATOR HILL THE
FLOOR IS YOURS THANK YOU VERY
MUCH MADAM CHAIR AND A GOOD
AFTERNOON I WOULD LIKE TO BEGIN
BY ACCEPTING ALL OF THE
COMMITTEES PROPOSED AMENDMENTS.
WHICH STRENGTH IN THE INSPECTION
REQUIREMENTS AND BETTER PROTECT
CONSUMERS.
SB THREE TWENTY SIX BUILDS UPON
LAST YEAR'S SB SEVEN TWENTY ONE
WHICH ADDRESS BALCONY
INSPECTIONS AND REPAIRS FOR
APARTMENT BUILDINGS.
FOLLOWING THE DEADLY TWO
THOUSAND FIFTEEN BERKELEY
BALCONY COLLAPSE THAT KILLED SIX
AND INJURED.
SEVEN SB THREE TWENTY SIX
REQUIRES AN EXISTING CONDOMINIUM
BUILDINGS GOVERNED BY HOMEOWNERS
ASSOCIATIONS ARE H. O. AGE.
HAVE INSPECTIONS AT LEAST ONCE
EVERY NINE YEARS ON A SMALL
PERCENTAGE OF THEIR BALCONIES
STAIRWELLS AND OTHER EXTERIOR
ELEVATED ELEMENTS. TO ENSURE
THEY ARE SAFE SB THREE TWENTY
SIX ALSO PREVENTS BUILDERS FROM
PLACING THE LANGUAGE.
IN AN H. O. A.'S COVENANTS
CONDITIONS AND RESTRICTIONS OR
CC IN OURS THAT WOULD LIMIT THE
ABILITY OF THE H. AWAY BOARD OF
DIRECTORS TO SUE THE DEVELOPER.
IF THERE ARE CONSTRUCTION
DEFECTS THIS IS NOT A
HYPOTHETICAL SITUATION ONE OF MY
WITNESSES WILL DESCRIBE AN H.
AWAY DEVELOPMENT IN SAN
FRANCISCO WHERE I ROUTINE WATER
LEAK REVEALED THAT A MAIN
WALKWAY ON THE THIRD FLOOR.
WAS BOUT TO COLLAPSE DUE TO
WOULD RIDE THE ROAD BLOCKS THAT
IMPEDED THE H. ALWAYS CLAIM
AGAINST THE DEVELOPER
DEMONSTRATE EXACTLY WHY THIS
BILL IS NECESSARY THE OPPOSITION
CONTENDED THIS BILL OF ANTI
CONSUMER.
I FIRMLY DISAGREE THIS BILL
CREATES AN INSPECTION PROGRAM
FOR H. AWAY BALCONY STAIRCASES
AND WALKWAYS THAT WILL BETTER
PROTECT CONSUMERS AND ITS
SAFEGUARDS TO THE RIGHT.
OF H. AWAY BOARDS OF DIRECTORS
TO SEEK DAMAGES ON THE RESIDENTS
BEHALF IF A CONSTRUCTION DEFECT.
PUTS THEM AT RISK THE OPPOSITION
TO THIS BILL ALSO CLAIMS A
PROTECTIONS TO THE CCAR
LANGUAGES ANTI DEMOCRATIC AGAIN.
I FIRMLY DISAGREE AN H. AWAY
BOARD OF DIRECTORS IS
DEMOCRATICALLY ELECTED TO
REPRESENT THE BEST INTERESTS OF
THEIR MEMBERS JUST AS WE ARE IN
THIS BODY AS A REPRESENTATIVE
DEMOCRACY.
DEVELOPERS HAVE NO BUSINESS
LIMITING THE H. ALWAYS FIDUCIARY
OUT.
AND TO ACT IN THE BEST INTEREST
OF THE COMMUNITY.
I DO HAVE WITNESSES IN SUPPORT
MADAM CHAIR AND THANK YOU FOR
ALLOWING ME TO PRESENT.
THANK YOU VERY MUCH WITNESSES IN
SUPPORT TWO MINUTES EACH PLEASE.
MADAM CHAIR MEMBERS OF THE
COMMITTEE LOUIS BROWN ON BEHALF
THE COMMUNITY ASSOCIATION'S
INSTITUTE CALIFORNIA LEGISLATIVE
ACTION COMMITTEE.
FIRST OF ALL LIKE TO THANK THE
CHAIRMAN AND COMMITTEE STAFF FOR
WORKING WITH US ON THIS ISSUE --
AND LIKE THE AUTHOR A MISSION I
HELPING STRENGTH IN THE BILL.
I WE'RE BACK HERE LAST YEAR WE
WERE OPPOSED SB -- SEVEN TWENTY
ONE BECAUSE WE DO NOT THINK THAT
THE WAY IT WAS FRAMED A FIT --
COMMUNITY ASSOCIATIONS AND
SPECIFICALLY COME A CONDOMINIUM
DEVELOPMENT SO WE MADE THE
COMMITMENT TO CENTER HILL TO
WORK WITH HIM IN THE INTERIM AND
COME BACK WITH -- LANGUAGE THEY
DID AND WE DO BELIEVE THAT THE
FRST PORTION OF S. SB THREE TO
SIX RECOGNIZES THE SIGNIFICANT
DIFFERENT DIFFERENCES WITH
CONDOMINIUM ASSOCIATIONS --
RESPECTS THAT BUT THEN ALSO
PROVIDES THE ADDITIONAL
OVERSIGHT INSPECTION AND
CONSUMER SAFETY -- THAT IS BEING
SOUGHT AND WAS THOUGHT
ORIGINALLY WITH SB.
SEVEN TWENTY ONE OTHERS ALSO THE
ADDITIONAL LANGUAGE IN SB THREE
TO SIX WHICH AGAIN SEEKS TO
PROTECT ASSOCIATIONS AND
HOMEOWNERS -- AND THAT IS TO
PREVENT OR PROHIBIT -- THESE
CONDITIONS PRECEDENT TO BE
WRITTEN INTO THE CC AND OURS
WHICH KEEP.
AN ASSOCIATION FROM REALLY GOING
AFTER IN SEEKING ITS STATUTORY
PROTECTIONS OF THAT WERE CREATED
UNDER SB EIGHT HUNDRED FOR
CONSUMER DEREK CONSTRUCTION
DEFECT -- WE APPRECIATE THE THE
SENATOR AND THE AUTHOR FOR
WORKING WITH US ON THIS BILL WE
ASK FOR AN AYE VOTE TODAY THANK
YOU VERY MUCH NEXT WITNESS.
GOOD AFTERNOON MADAM CHAIR AND
MEMBERS MY NAME IS MARK CONTRARY
IN THIRTY FIVE YEARS I'VE
PRACTICED LAW CALIFORNIA I'VE
REPRESENTED.
BOTH PLAINTIFFS AND DEFENDANTS
AND CONSTRUCTION DEFECT
LITIGATION.
IN THE LAST TEN YEARS WE'VE SEEN
A CONCERTED EFFORT BY ATTORNEYS
REPRESENTING DEVELOPERS.
HE INSULATE THEIR CLIENTS FROM
LIABILITY FOR CONSTRUCTION
DEFECTS BY DRAFTING.
ONEROUS PROCEDURAL IMPEDIMENTS
INTO THE H. AWAY ITS ORIGINAL
GOVERNING DOCUMENTS WHICH ACT AS
A BAR TO OTHERWISE LEGITIMATE
CLAIMS.
THIS IS TYPICALLY DONE BY
REQUIRING A MEMBERSHIP VOTE.
BEFORE THE H. AWAY CAN PURSUE A
CLAIM OR EVEN HIRE AN EXPERT TO
INVESTIGATE.
OR AN ATTORNEY TO ADVISE THE H.
AWAY BOARD MEMBERS ARE ELECTED
BY THE MEMBERSHIP TO MAKE SUCH
DECISIONS IN OUR VESTED WITH
FIDUCIARY DUTY TO ACT IN THE
BEST INTEREST OF THE H. AAY.
SO DOES THE BOARD THAT IS IN THE
BEST POSITION TO MAKE WELL
INFORMED DECISIONS AFTER
CONSULTATION WITH EXPERTS IN
COUNCIL.
THE REALITY IS THAT H. AWAY
BOARDS OFTEN DON'T KNOW THAT
THEY HAVE SYSTEMIC CONSTRUCTION
DEFECTS UNTIL THE STATUTE OF
LIMITATIONS IS IT IS EXPIRED OR
IS ABOUT TO EXPIRE.
THE DEFECTS ARE OFTEN LATENT
HIDDEN AND NOT KNOWABLE WITHOUT
INVESTIGATION.
THESE MEMBERSHIP VOTES CAN TAKE
FOUR TO SIX MONTHS TO ACCOMPLISH
AND THE STATUTE OF LIMITATIONS
CAN EXPIRE BEFORE THE VOTE CAN
BE PASSED.
THE REQUIRES MANY BOARD IN TOWN
HALL MEETINGS TO EDUCATE THE
MEMBERSHIP AND DEVELOPERS
AGGRESSIVELY CAMPAIGN TO DEFEAT
THESE VOTE TO KNOWING THAT IF
THEY DO.
THEY WON THEIR CASE BEFORE CAN
EVEN BEGIN.
THE OPPOSITION WILL TELL YOU
THAT THESE MEMBERSHIP VOTE
REQUIREMENTS ARE INTENDED TO
PROTECT HOMEOWNERS AND GIVE THEM
A VOICE IN THESE DECISIONS BUT I
ASSURE YOU THE PRACTITIONER.
NOTHING IS FURTHER FROM THE
TRUTH THESE PROVISIONS ARE
GRESLEY USED IN LITIGATION IS
PROCEDURAL DEFENSES TO AVOID
LIABILITY.
SUCH AS IN THE BRANCHES
NEIGHBORHOOD CASE WHERE THE
MEMBERSHIP DID VOTE AND DID
OVERWHELMINGLY APPROVED THE
LITIGATION.
BUT NOT BEFORE IT HAD ALREADY
BEEN INITIATED SO THEY LOST
THEIR CLAIM ON A TECHNICALITY
WHICH MEANS THE REPAIRS.
WILL NOT BE MADE OR THE
HOMEOWNERS HAVE TO FUND THE
REPAIRS THEMSELVES.
THIS IS EVEN MORE CONCERNING IF
THE DEFECTS PRESENT DANGEROUS
CONDITIONS WHICH RISK THE HEALTH
AND SAFETY OF THE RESIDENTS.
LIKE DECKS AND BALCONIES THANK
YOU SPECIAL THANK YOU FOR YOUR
TESTIMONY PROJECTS THANK YOU
VERY MUCH.
OTHER WITNESSES IN SUPPORT IF
YOU TO PLEASE COME FORWARD NAME
AND AFFILIATION.
PLEASE.
GOOD AFTERNOON NANCY TRAVEL WITH
CONSUMER ATTORNEYS OF CALIFORNIA
IN STRONG SUPPORT OF THE BILL.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN SUPPORT.
WITNESSES IN OPPOSITION.
NO BEING MINDFUL THAT THERE BEEN
A NUMBER OF AMENDMENTS TAKEN IF
YOU WANT TO SPEAK YOU DO HAVE
THE RIGHT TO SPEAK FOR TWO
MINUTES.
REMEMBER THERE HAVE BEEN A
SERIES OF AMENDMENTS TAKEN SO IF
WOULD YOU SPEAK TO THE BILL AS
AMENDED.
I THANK YOU THE CAMERA BEHALF
CALIFORNIA BUILDING INDUSTRY
ASSOCIATION AND WHILE WE REMAIN
OPPOSED THE BILL WE ARE IN IN
GRATITUDE FOR AND RECOGNITION
FOR THE AUTHORS WILLINGNESS TO
TAKE THESE AMENDMENTS.
WE WILL BE REMOVING IT FROM THE
HOUSING KILLER LIST AND WE DO
HAVE SOME CONCERNS THAT REMAIN
WITH THE BILL AND AND THEY
REALLY COME DOWN TO THIS WHEN I
WENT TO LAW SCHOOL.
WHAT WE LEARNED IS IF YOU'RE IN
A FIDUCIARY POSITION WITH
SOMEBODY?
AND YOU HAVE THAT TWINGE OF NOT
WANTING TO DISCLOSE SOMETHING.
THAT'S A SIGN THAT YOU OUGHT TO
DISCLOSE IT.
WE'RE TOTALLY FINE RIGHT WE'RE
TOTALLY FINE WITH TAKING THE
BUILDER AND THE DECLARANT OUT OF
PARTICIPATING IN ANY FILING A
LAWSUIT AGAINST THEM WE THINK
THAT'S A CONFLICT OF INTEREST WE
DON'T WANT THAT.
BUT ON THE ITEMS THAT HOMEOWNERS
COMPLAIN ABOUT THEY COMPLAIN
ABOUT IT NOT ONLY TO US BUT TO
THE DEPARTMENT OF REAL ESTATE
WHICH IS THERE TO BE THE
CONSUMER PROP WATCHDOG.
AND PROTECT THEM IN THE DRAFTING
OF THE CC AND OURS.
THEY NEED TO KNOW WHAT THE
BURDEN IS GOING TO BE THAT'S
PLACED ON THEM BY THE LITIGATION
DO I NEED -- TO PARTICIPATING
DEPOSITIONS MIGHT BE CALLED AS A
WITNESS.
WHAT HAVE WHO PAYS THE COST AM I
GOING TO HAVE MY DUES INCREASE
OR MY ASSESSMENTS INCREASE?
THESE ARE GONNA BE A LIEN FILED
AGAINST ME THERE ARE ITEMS IN IT
BUT THOSE ARE JUST GENERAL ITEMS
THAT ARE ASSOCIATED WITH ANY
KIND OF LAWSUIT.
NOT JUST CONSTRUCTION DEFECT
LAWSUITS THERE ARE THINGS THAT
ARE UNIQUE TO CONSTRUCTION
DEFECT LAWSUIT SUCH AS IS THIS
CAN AFFECT MY ABILITY TO SELL
SELL MY UNIT OR REFINANCE SAID.
AND AM I GONNA HAVE A DISCLOSURE
OBLIGATION TO SUBSEQUENT BUYERS.
WE'VE HEARD THOSE COMPLAINTS THE
DEPARTMENT OF REAL ESTATE HAS
HEARD THOSE COMPLAINTS THAT'S
WHY THE APPROVE.
THE REQUIREMENT FOR THEM TO
DISCLOSE THAT.
NOW.
THIS IS SIXTY ONE FIFTY I KNOW
THE ANALYSIS HAS MENTIONED SIXTY
ONE FIFTY AS A POSSIBILITY OF A
SUBSTITUTE FOR THAT.
IT'S NOT THE SAME THING. FIFTY
ONE FIFTY ONLY REQUIRES A NOTICE
TO THE MEMBERS IN A MEETING AND
THE ITEMS THAT ARE DISCLOSED OR
NOT OF THE ITEMS THAT I'VE
MENTIONED.
AND SO IF SOMEBODY IS REALLY
UPSET ABOUT THE DECISION THE
BOARD MAKES.
VAN.
THEY CAN OF VOTE THE THE I
SUPPOSE YOU CAN VOTE THE BOARD
MEMBERS OUT.
BUT THEIR STOCK PERMANENTLY WITH
THE EXPOSURE TO DUES ASSESSMENTS
LEANS AND DISCLOSURE OBLIGATIONS
THANK YOU.
THANK YOU FOR YOUR TESTIMONY.
OTHER WITNESSES IN OPPOSITION.
ANY OTHER WITNESSES ARE IT WILL
BRING IT BACK TO THE DYESS.
ANY QUESTIONS.
I BELIEVE AND I WANT TO THANK
THE AUTHOR FOR TAKING ALL THE
AMENDMENTS THAT WERE REQUESTED
TO REMOVE MOST OF THE OPPOSITION --
I BELIEVE THAT THERE ARE A CIVIL
CODE SIXTY ONE FIFTY REQUIRES A
MEETING.
OF BEFORE -- BEFORE LITIGATION
CAN OCCUR SO I BELIEVE IT DOES
COVER THAT CONCERNED -- I ASSUME
THAT YOU WISH BY SHAKING YOUR
HEADS AGREE WITH THAT PERHAPS OR
SOME.
YOU CAN CLARIFY THAT IF THERE'S
SOME DISAGREEMENT SO WITH THAT.
BECAUSE I THINK THAT WAS THE
INTENT HERE.
ARE AND IF THERE ARE.
ANY OTHER.
NO QUESTIONS [inaudible]
BORROWED DODD.
WOULD YOU LIKE TO CLOSE CENTER
HILL WHEN I WAS JUST INFORMED
THAT THE STATE OF MARYLAND JUST
PASSED LEGISLATION WITH THE SAME
H. AWAY PROTECTIONS ARE WERE
INCLUDED IN THIS SO I APPRECIATE
RESPECTFULLY ASK YOUR RIVAL
MEMBERS.
VERY GOOD OF IS OUR MOTION
THERE'S A MOTION BY SENATOR Y.
KOWSKI THE MOTION IS TO PASS AS
AMENDED.
TO ACCUSE ME TO PASS THE SENATE
HOUSING [inaudible]
AND THE WHERE THE AMENDMENTS
WILL BE PROCESSED AS I
UNDERSTAND IN SENATE HOUSING FOR
GOOD.
PLEASE CALL THE ROLL.
JACKSON HIGH JACKSON AYE BORDERS
ALLEN.
ALLEN I COVER EURO JONES MONNING.
MONNING EYES STERN.
AMERICA.
AMERICA I Y. CASKEY I MY COUNTY
I READ THE BILL HAS FIVE BOATS
WE WILL PLACE IT ON CALL.
NEXT UP WE HAVE [inaudible]
SENATOR HUESO.
I HAVE ONE OF THE BILL IF THEY
CALL I'M SORRY.
SB FIVE FOUR TWENTY FIVE OF
COURSE FILE ITEM THIRTEEN
SENATOR HILL.
SB.
FOUR TWENTY FIVE IF YOU WAIT
JUST A MINUTE WHILE OTHERS CLEAR
THE ROOM.
VERY GOOD THANK YOU CENTER HELP
PLEASE VERY MUCH MADAM CHAIR AND
I AM HAPPY TO ACCEPT THE
AMENDMENTS THAT ARE SUGGESTED
AND APPRECIATE THE INVOLVEMENT
OF THE COMMITTEE AND THE
COMMITTEE STAFF FOR THE ACTUAL
WORK.
BECAUSE THIS WEEK WOULD REQUIRE
THAT COMPLAINTS BE MADE IN GOOD
FAITH.
IN ORDER TO RECEIVE IMMUNITY AND
IT ELIMINATES THE HEALTH PLAN
FROM THE REPORTING REQUIREMENTS
OF THIS BILL.
IS BEFORE TWENTY FIVE REQUIRES
HOSPITALS CLINICS AND OTHER
HEALTH FACILITIES TO REPORT
ALLEGATIONS OF PATIENTS SEXUAL
ABUSE.
AND OTHER SEXUAL MISCONDUCT BY
MEDICAL PROFESSIONALS IN THE
APPROPRIATE STATE LICENSING
AUTHORITY WITHIN FIFTEEN DAYS SB
FOUR TWENTY FIVE CLOSES LEGAL
LOOPHOLES THAT CAN ALLOW A
SUBJECT.
OF REPEATED SEXUAL ABUSE AND
MISCONDUCT COMPLAINTS TO WORK AT
A HEALTH FACILITY FOR YEARS
BECAUSE THE RELEVANT REGULATORY
BOARD IS NOT NOTIFIED BY THE
FACILITY OF THE ALLEGATIONS
AGAINST A LICENSEE.
ALLEGATIONS OF SEXUAL ABUSE OR
MISCONDUCT BY DOCTORS AND OTHER
MEDICAL PROFESSIONALS MUST BE
REPORTED SWIFTLY TO THE
APPROPRIATE LICENSING BOARD FOR
REVIEW.
SO THAT REGULATORS CAN DETERMINE
WHETHER TO CONDUCT AN
INDEPENDENT CONFIDENTIAL
INVESTIGATION JUST BECAUSE AN
ALLEGATION IS REPORTED.
IN NO WAY MEANS THE MEDICAL
BOARD WILL AUTOMATICALLY BEGIN
AN INVESTIGATION.
ALL COMPLAINTS SENT TO THE
MEDICAL BOARD ARCH FIRST
REVIEWED BY A DOCTOR ON STAFF.
TO DETERMINE IF FURTHER ACTION
IS EVEN WARRANTED.
STATE REGULATORY BOARDS CANNOT
FULFILL THEIR RESPONSIBILITIES
TO PROTECT PATIENTS AND OTHER
COMMUNITY CONSUMERS IF THEY ARE
NOT NOTIFIED OF THE SERIOUS
ALLEGATIONS INVOLVING THEIR
LICENSEES.
THE FAILURE TO DO SO.
SHIELDS BAD ACTORS WHILE
EXPOSING PATIENTS TO GREATER
RISKS.
AS YOU ARE ALL FAMILIAR WITH THE
U. S. C. AND DOCTOR TYNDALL
SCANDAL WHERE THERE WERE
MULTIPLE COMPLAINTS OF SEXUAL
MISCONDUCT FOR DECADES.
NONE OF THE PRIOR COMPLAINTS
WERE REPORTED TO THE MEDICAL
BOARD.
NINE THAT IS WHY THE MANDATORY
REPORTING WITHIN FIFTEEN DAYS TO
THE MEDICAL BOARD IS THE CENTRAL.
I'M COMMITTED TO TIGHTENING UP
THE DEFINITION OF COMPLAINT TO
ENSURE THAT RUMORS AND INNUENDO
ARE NOT REQUIRED TO BE REPORTED.
MY INTENT IS FOR ACTUAL
COMPLAINTS FILED WITH THE HEALTH
FACILITY TO BE SENT ON WITHIN
FIFTEEN DAYS NOT JUST SOMEONE
OVER HEARING SOMETHING.
IN THE BREAK ROOM FOR EXAMPLE
YOU MAY HEAR FROM OPPOSITION
THAT SB FOUR TWENTY FIVE
COMPLETELY BYPASSES THE PEER
REVIEW PROCESS.
PUT IN PLACE FOR HOSPITALS THIS
IS THE WHOLE POINT OF THE BILL.
WE HAVE SEEN THAT THE EXISTING
PROCESS OF HAVING A PEER REVIEW
SYSTEM TO DETERMINE WHETHER THEY
SHOULD REPORT IT TO THE MEDICAL
BOARD DOESN'T WORK.
AND IT IS NOT WORKABLE FOR
HEALTH CLINICS ALSO IT DIDN'T
WORK FOR THE LEGISLATURE.
WE FINALLY CHANGE THAT IT'S NOW
TIME TO EXPECT THE SAME OF OUR
MEDICAL PROFESSIONALS.
WE SEE MULTIPLE EXAMPLES OF
HOSPITALS FAILING TO INVESTIGATE
CREDIBLE ALLEGATIONS OF SEXUAL
ASSAULT.
DISPLACING THOUSANDS OF
ADDITIONAL PATIENTS IN HARM'S
WAY.
SEXUAL VIOLATION OF A PATIENT BY
THE PHYSICIAN SHOULD NEVER
HAPPEN SB FOUR TWENTY FIVE WILL%
HELP ENSURE THE PATIENT
COMPLAINTS ARE TREATED SERIOUSLY
INVESTIGATED WITH THE SWIFTNESS
THEY DESERVE I DO HAVE A WITNESS
IN SUPPORT.
YES I'M JENNIFER SUMMERS WITH
THE MEDICAL BOARD OF CALIFORNIA
THE BORE CURRENTLY SUPPORTS
THREE OF THE PROVISIONS IN THIS
BILL THE PROVISION RELATED TO
THE SUMMARY PROVIDED TO THE
POSITION.
THE PROVISION REGARDING
PROBATIONARY LICENSES AND THE
PROVISION REGARDING POSITION
INTERVIEWS THE WAR WILL BE
TAKING THIS BILL TO ITS NEXT
MEETING A MAY FOR A NEW POSITION
I'M JUST HERE TO ANSWER ANY
TECHNICAL QUESTIONS THANK YOU.
I THINK IT IS HERE IN SUPPORT OF
A SB.
FOUR TO FIVE PLEASE COME.
FOR NANCY DRABBLE WITH CONSUMER
ATTORNEYS OF CALIFORNIA IN
SUPPORT.
AND THERE ARE OVER SIXTY
SURVIVORS OF AS C. ABUSE BY
DOCTOR TYNDALL HERE LOBBYING IN
THE CAPITAL TODAY'S SCENE
MEMBERS.
ABOUT EXACTLY THIS PROBLEM.
THANK YOU.
RIGHT LET'S HEAR FROM OPPOSITION
OPPOSITION TO SB FIVE FOUR TO
FIVE PLEASE COME FORWARD.
GOOD AFTERNOON TURN MEMBERS
MAKING ALL RIGHT ON BEHALF OF
THE CALIFORNIA MEDICAL
ASSOCIATION HERE IN AN OPPOSE
UNLESS AMENDED POSITION -- AND I
REALLY APPRECIATE THE WORK THAT
THE OTHER IS DONE IN THE
AMENDMENTS TAKEN IN THE LAST
COMMITTEE.
AND ACTUALLY SPOKE TO THE MAIN
CONCERN THAT WE HOLD TODAY WHICH
IS THE DEFINITION OF THE
ALLEGATION.
I OUR BIGGEST CONCERN WAS THAT A
RUMOR OR SOMETHING AND
SUBSTANTIATED WAS GOING TO BE A
TRIGGER THAT.
WOULD REQUIRE FIFTEEN DAYS.
BEFORE AND WITHIN FIFTEEN DAYS
REPORTING TO THE APPROPRIATE
BOARD OR FACE HEAVY FINES AND SO
I THINK IT'S REALLY NECESSARY TO
DEFINE WHAT THAT COMPLAINT LOOKS
LIKE.
WITH THAT LOVE TO WORK ON
SOMETHING THAT LOOKS LIKE A
FORMAL WRITTEN COMPLAINT ND I
LOOK FORWARD TO WORKING WITH THE
AUTHOR.
TO WORK ON THAT LANGUAGE AS WE
GO FORWARD [inaudible]
THANK YOU.
OTHERS IN OPPOSITION TO SB.
FOUR TO FIVE BUT WAS CLOSE
PUBLIC HEARING BRING IT BACK TO
THE DAIS.
CENTER NUMBER GIVE A QUESTION
THE AUTHOR.
THERE'S A MOTION MADE -- YOU CAN
CLOSE CENTER YEAH SURE I WILL
MEMBERS THANK YOU VERY MUCH
PLEASE CALL THE ROLL
[inaudible]
JACKSON [inaudible]
GORGEOUS ALAN [inaudible]
CABALLERO [inaudible]
JONES MORNING STERN.
UMBERG.
UMBERG HIGHWAY CASKEY HI SB I
KEEP THAT MATTER OPEN THANK YOU
CENTER FOR HUESO PLEASE COME
FORWARD WHERE AN ITEM NUMBER
EIGHT MEMBERS THIS IS SB.
THREE ONE THREE REGARDING
CIRCUSES [inaudible]
ANIMALS.
THANK YOU MISTER CHAIR
[inaudible]
OF SB THREE ONE THREE AS A BILL
THAT ARE ESSENTIALLY.
BANNED THE USE OF WILD ANIMALS
IN CIRCUSES -- FOR THE PURPOSE
OF CREATING A A COOL -- ANIMAL
CRUELTY FREE ENVIRONMENT
CALIFORNIA.
OFTEN TIMES -- PERFORMER OF
CIRCUS TRAINERS AND OWNERS AND
CIRCUSES.
FORCE ANIMALS TO PERFORM TRICKS
THAT ARE NOT [inaudible]
THERE.
OF NOT NATURAL TO THEIR BEHAVIOR
OFTEN -- CREATING A DANGER IN
MANY INSTANCES SO A LOT OF THESE
ANIMALS OF ESCAPE.
OR OR COST BOTH HARM TO THE
PUBLIC AND TRAINERS.
BUT ALSO IT IT'S JUST AN
INHUMANE PRACTICE THAT HIS --
WHOSE TIME HAS COME [inaudible]
TO END.
AND WE ARE PROPOSING THAT IT BE
MADE ILLEGAL IN CALIFORNIA. TO
USE WILD ANIMALS IN CIRCUSES.
AND ASK FOR YOUR SUPPORT FOR
THIS IMPORTANT MEASURE. TO
PROTECT OF ANIMALS ARE LESSER
FROM WITNESSES.
WHO WOULD LIKE TO GO FIRST?
HI THANK YOU JUDY MANN C° CELL
FOUNDER AND PRESIDENT OF SOCIAL
COMPASSION ON LEGISLATION
COSPONSORED THE BILL.
CALIFORNIA HAS REPEATEDLY
WITNESSED THE FAILURE OF OUR
EXISTING LAWS TO PROTECT ANIMALS
IN CIRCUSES CLYDE THE LION BAKED
TO DEATH IN A CIRCUS BOX CAR
TRAVELING THROUGH THE MOJAVE
DESERT TO FRESNO.
TEMPERATURES SOARED TO ONE
HUNDRED DEGREES BUT THE CIRCUITS
DIDN'T BOTHER TO STOP FOR HIM TO
HELP.
AND HUNTINGTON PARK AT TIGER WAS
FOUND DEAD IN NEARLY DECAPITATED
AFTER A CIRCUS CRAMMED HER INTO
A CAGE WITH FIVE OTHER BIG CATS.
AND A MAYES SEATED ELEPHANT
NAMED HATE HAITI WAS FORCED TO
PERFORM AT A CIRCUS IN SOUTHERN
CALIFORNIA THE NEXT DAY SHE
DROPPED DEAD.
ANOTHER ELEPHANT WITH THE
CIRCUITS JOYCE HAD DIED JUST
DAYS BEFORE THE SHOW THE
CALIFORNIA BASED CIRCUS VARGAS
STOP USING ANIMALS YEARS AGO AND
IS THRIVING.
IN FACT THERE ARE NO CIRCUS IS
BASED IN CALIFORNIA THAT USING
ANIMALS THE ONLY ANIMAL CIRCUSES
HERE COME FROM OTHER STATES AND
HAVE RECORDS OF HARMING ANIMALS
AND ENDANGERING THE PUBLIC.
THE OKLAHOMA BASED COLE PEPPER
AND MERRYWEATHER CIRCUS IS
TOURING CALIFORNIA RIGHT NOW
WITH THE LIONS TIGERS AND OTHER
ANIMALS SEVERAL YEARS AGO THREE
TIGER CUBS WERE BORN WHILE THE
CIRCUS WAS ON TOUR AND TAKEN
FROM THEIR MOTHER.
DIED AND FEDERAL INSPECTORS SEES
THAT THIRD AFTER THEY FOUND HIM
CONFINED TO A DOG CARRIER AND A
HOT CAMPBELL BUT TRUCK.
A US DEPARTMENT OF AGRICULTURE
OFFICIAL WROTE THAT THE CIRCUS
DEMONSTRATED A SHOCKINGLY
CAVALIER ATTITUDE REGARDING THE
HEALTH AND SAFETY OF THE ANIMALS
YET THERE WERE VIRTUALLY NO
CONSEQUENCES FOR THE NEGLECT OF
THE ENDANGERED ANIMALS.
THE CIRCUS FACE NO FINES.
AND A BRIEF LICENSE SUSPENSION
IT WAS ALLOWED TO GO RIGHT BACK
TO EXHIBITING ANIMALS A NO NO
BRIEF LICENSE EXPANSION I
SUSPEND.
POLLING SHOWS THAT THE MAJORITY
OF CALIFORIANS SUPPORT BANNING
ANIMALS AND PLEASE SUPPORT SB
THREE ONE THREE THANK YOU.
BEFORE HERE FOR THE NEXT WITNESS
I DID NOT HEAR YOU ON PAGE FIVE
OF THE ANALYSIS OF SEVEN THERE'S
A RECEPTIVE TO ACCEPT THE
AMENDMENTS PLEASE [inaudible]
THANK YOU.
GOOD AFTERNOON MY NAME IS
HEATHER RALLY I AM THE
SUPERVISING VETERINARIAN AT THE
PETER FOUNDATION AS WELL AS I'VE
DONE FACULTY OF VERMONT LAW
SCHOOL WHERE I CO TEACH ANIMAL
WELFARE LONG.
MY WORK ACTUALLY FOCUSES ON
EXPOSING AND PUTTING AN END TO
THE SUFFERING OF CAPTIVE WILD
ANIMALS IN CIRCUSES IN AND
TRAVELING EXHIBITS.
IN CIRCUSES THE INSULTS TO
ANIMAL HEALTH AND WELFARE ARE
NUMEROUS THEY ARE FREQUENT AND
THEY ARE EXTREME.
INTENSIVE CONFINEMENT FOR
EXTENDED PERIODS OF TIME
EXPOSURE TO STRESSFUL AND
UNFAMILIAR ENVIRONMENTS.
AND TO BE SO TRAINING TECHNIQUES
ALL MAKE THE CIRCUS A MISERABLE
PLACE FOR ANIMALS.
ANIMALS DON'T PERFORM TRICKS FOR
OUR ENTERTAINMENT BECAUSE THEY
WANT.
TO THEY DO SO BECAUSE THEY ARE
TERRIFIED OF THE CONSEQUENCES IF
THEY DON'T.
AS PETER HAS DOCUMENTED
REPEATEDLY ANIMALS IN CIRCUSES
HAVE BEEN TAUGHT THROUGH VICIOUS
BEATINGS BEHIND THE SCENES WHAT
WILL HAPPEN TO THEM IF THEY DO
NOT OBEY.
AND THEY SPEND MUCH OF THEIR
LIVES EVEN DAYS ON END
LANGUISHING IN DARK FERRON
TRAILERS.
AS A RESULT OF THIS MISTREATMENT
ANIMALS CAN LASH OUT IN
FRUSTRATION AND MANY OF THEM
HAVE BEEN IMPLICATED IN HUMAN
INJURIES AND EVEN DEATHS.
I HAVE SEEN FIRST HAND IN THIS
WORK THE TOTAL FAILURE OF OUR
EXISTING LAWS TO PROTECT THESE
ANIMALS AND TO PROTECT THE
PUBLIC. FOR EXAMPLE THE FEDERAL
ANIMAL WELFARE ACT WHICH IS
SUPPOSED TO BE ENFORCED BY THE
US DEPARTMENT OF AGRICULTURE.
IS EFFECTIVELY A FARCE.
THESE SO CALLED STANDARDS
TOTALLY FAILED TO ADDRESS THE
UNIQUE SUFFERING POSED BY THE
CONSEQUENT FIND MINT AND ABUSE
OF TRAINING THAT IS INHERENT IN
ANIMAL CIRCUSES.
IT IS ALSO WOEFULLY UNDER AND
FORCE AS THE USDA'S OWN OFFICE
OF INSPECTOR GENERAL HAS
REPEATEDLY DOCUMENTED.
EVEN WHEN SEARCHES THE
EXHIBITORS NEGLECT AND ABUSE
RESULT IN THE DEATHS OF HUMANS
AND ANIMALS THEY'RE ALLOWED TO
STAY IN BUSINESS.
AND THEIR LICENSES TO EXHIBIT
THESE ANIMALS ARE AUTOMATICALLY
RENEWED REGARDLESS OF EGREGIOUS
VIOLATIONS AT BEST THEY MAY BE
SLAPPED ON THE WRIST WITH A
MINUSCULE PENALTY THAT'S
CONSIDERED THE COST OF DOING
BUSINESS.
CALIFORNIA'S PERMITTING PROCESS
AS WELL FOR TROUBLING ANIMAL AXE
FALL SHORT AGAIN THESE
GUIDELINES FAILED TO PROMOTE
GOOD ANIMAL WELFARE AND TO
PROTECT THE PUBLIC.
CALIFORNIA'S SORRY JUST PLEASE
VOTE YES ON SB THREE ONE THREE
THIS WILL PROVIDE MUCH NEEDED
PROTECTIONS FOR THESE ANIMALS
AND ALSO FOR THE HUMANS THEY IN
DANGER.
THANK YOU SO MUCH FOR SUPPORT.
YOU OTHERS IN SUPPORT OF IT.
SB.
THREE ONE THREE AS AMENDED.
HELLO SYLVIA SOLELY SHAUN BEHALF
THE CALIFORNIA ANIMAL WELFARE
ASSOCIATION IN SUPPORT THANK YOU
[inaudible]
OTHERS.
LOW J. FITZ GERALD FROM
STANISLAUS COUNTY STRONGLY
SUPPORT THANK YOU.
DAVID HOLLOWAY ROCKLIN
CALIFORNIA SUPPORT SB.
THREE ONE THREE SUSAN TEASING
SACRAMENTO CALIFORNIA STRONGLY
SUPPORT SB THREE ONE THREE PROUD
PETE A MEMBER.
ANIMALS ARE NOT FOR EXPLOITATION
OF CRUELTY THANK YOU FOR YOUR
VOTE.
GOOD AFTERNOON MEMBERS FRANK
MOLINA I HAVE A LIST THAT I'M
GONNA READ THROUGH QUICKLY BUT
IT'S A LONG LIST SO -- ON BEHALF
OF THOSE WHO LOGICAL ASSOCIATION
OF AMERICA MODERATES WHO LOGICAL
SOCIETY.
STEVE MARTIN'S WORKING WILDLIFE
WILD WONDERS CRITTERS OF THE
CINEMARK WILDCAT EDUCATION
CONSERVATION FUND.
GENTLE DUNKELD NICKEL HANDLEY
CHRIS MCMILLAN ANIMALS F
DISTINCTION BOB DUNN'S ANIMAL
SPECIFIC ANIMAL PRODUCTIONS
CAMERA REYNOLDS BOB WELL
PRODUCTIONS HOLLYWOOD ANIMALS
GOOD DOG ANIMALS.
BIRDS AND ANIMALS BENET'S
ANIMALS PROJECTS SURVIVAL ANIMAL
GUYS ANIMALS ABI ANIMAL TRACKS
ANIMAL WAECHTER'S GOOD DOG
ANIMALS TO DO AND WE'LL SERVICES
WORLDWIDE MOVIE ANIMALS.
AND OF THE MANY OTHER
INDIVIDUALS THAT OWN OR EMPLOYED
BY MANY PRIVATE ZOO'S ANIMAL
EDUCATION ENTERTAINMENT
FACILITIES ORGANIZATIONS ALL OF
WHICH ARE LICENSED BY THE STATE
OF CALIFORNIA TO WORK
RESPONSIBLY AND HUMANELY WITH
THEIR ANIMALS THANK YOU FOR THIS
BILL.
THANK YOU MISS MOLINA NECKS.
PATRICIA EASILY MEADOW VISTA
CALIFORNIA I SUPPORT THIS BILL.
MARGARET KIRKPATRICK FROM TURKEY
CALIFORNIA AND I STRONGLY
SUPPORT THIS BILL. SIX A
DRAMATIC FROM TURKEY
CALIFORNIANS SUPPORT THIS BILL.
BY RANDY LEE MEADOWS VISTA
CALIFORNIA AND I SUPPORT THIS
BILL.
DONE RIGHT NAY SACRAMENTO
CALIFORNIA I SUPPORT THIS BILL.
JACQUES SACRAMENTO CALIFORNIA
LONG TERM PITA MEMBER SUPPORT
THIS BILL.
KIM JET WITH ANIMAL DEFENDERS
INTERNATIONAL WE LIKE TO THINK
SENATOR HUESO FORWARD YOUR
SPONSORSHIP AND THE REST OF THE
COMMITTEE.
OUR HEADQUARTERS ARE HERE IN
CALIFORNIA SO ON BEHALF OF A
THOUSAND OFF THEIR THOUSANDS OF
REPORTERS IN CALIFORNIA WE ARE
IN STRONG SUPPORT FOR STOP
CIRCUS SUFFERING THANK YOU THANK
YOU NEXT.
LAURA BRIDGMAN IN DEFENSE OF
ANIMALS IN FULL SUPPORT.
CAPTAIN CINNAMON CHATEAUX MARIN
HUMANE IN SUPPORT.
CATHERINE DOYLE PERFORMING
ANIMAL WELFARE SOCIETY IN SAN
ANDREAS IN SUPPORT AND I'M ALSO
REPRESENTING BIG CATS CENTURY
ALLIANCE AS WELL AS A COALITION
OF TWENTY ANIMAL PROTECTION
ORGANIZATIONS ON SUPPORT THANK
YOU ALL RIGHT LET'S GO TO THE
OPPOSITION THIS IS.
SENATE BILL THREE ONE THREE
OTHER.
FOLKS OPPOSED TO THE I REALIZE
SAID AS HE WAS AMENDED.
ALL RIGHT LET'S CLOSE PUBLIC
HEARING BRING IT BACK I HAVE NO
QUESTIONS YOU MAY CLOSE CENTER --
SIMPLY -- THANK YOU FOR THE THE
OPPORTUNITY PRESENT THIS BILL
AND HERE'S OUT.
THIS IS -- A REALLY IMPORTANT
MATTER FOR A FACING.
ANIMAL WELFARE IN OUR STATE AND
I THINK CALIFORNIA AS AN
OPPORTUNITY LEAD WHERE WHERE
OTHER STATES HAVE ALSO.
PROVIDED SOME LEADERSHIP AND
HOPEFULLY ONE DAY.
THIS WOULD BE BANNED NATIONWIDE.
LOVE TO HAVE YOUR SUPPORT FOR
THIS BILL.
THE CHAIR AT THIS TIME WHEN A
TRAIN IN MOTION.
I WE HAVE A MOTION BY CENTER
MINING.
PLEASE CALL THE ROLL
[inaudible]
JACKSON GORGEOUS ALLEN CABALLERO
JONES MONNING.
MONNING EYES STERN.
NUMBER.
WHITE HOUSE SKI HI RICK HUSKEY
AYE.
NOW -- MY UNDERSTANDING IS --
ITEM NUMBER FIFTEEN SB. FOUR
EIGHT TWO HAS BEEN PULLED -- DO
NOT PRESENTING TODAY AND I SEE
THE TEACHERS HERE -- THIS WILL
BE OUR I'M TWENTY NINE MADAM
CHAIR [inaudible]
GOOD.
FILE ITEM TWENTY NINE SB.
SEVEN OH EIGHT WE'LL GIVE A GIVE
YOU A MOMENT TO BRING YOUR
WITNESSES SHOP.
THANK YOU -- CENTER CASKEY FROM
YOUR ASSISTANCE.
HEY EVERYBODY IS IN TWO OR THREE
DIFFERENT COMMITTEES AT THE SAME
TIME SO [inaudible]
ARE COMING.
THE YEAH YEAH ARE THE COMING AND
GOING IS NO REFLECTION ON
ANYTHING OTHER THAN A RATHER.
IRRATIONAL SYSTEM THAT WE ARE
SUBJECTED TO HEAR SO WITH THAT.
SENATOR HUESO FILE ITEM NINE
TWENTY NINE THE FLOOR IS YOURS.
THANK YOU A MINIATURE WOMAN --
SB SEVEN OH WAIT IS A
TRANSPARENCY MEASURE INTENDED --
TO IT.
INCREASE OUR UNDERSTANDING OF
THE OPERATIONS OF THE CALIFORNIA
INDEPENDENT SYSTEM OPERATOR.
MANY PEOPLE OFTEN MISUNDERSTAND.
THAT HI SO.
IS IS IS A SOMEWHAT OF A QUIET
SIGH STATE AGENCY IT'S NOT
ACTUAL DEPARTMENT.
IT'S A NONPROFIT IT WAS CREATED
BY THE STATE IN A PROVIDES.
AN ESSENTIAL TOOL THAT IS AN
IMPORTANT AT AT BALANCING THE
STATE'S.
POWER GRID.
IT'S A IT'S A NONPROFIT PUBLIC
BENEFIT CORPORATION CREATED BY.
OF THE CALIFORNIA STATUTE AS A
PART OF THE EFFORT TO DIG
REGULATE THE ELECTRICITY MARKET.
IN THE NIGHT LATE NINETEEN
NINETIES IT MANAGES TO FLOW FLOW
OF ELECTRICITY CROSSED HIGH
VOLTAGE OF BALK POWER -- SYSTEMS
THAT MAKE UP 80%.
OF CALIFORNIA'S IN A SMALL PART
OF NEVADA'S ELECTRIC GRID.
IT IS BOTH REGISTERED AS A
TRANSMISSION OPERATOR AND A
BALANCING AUTHORITY.
AND AS WITH OTHER BALANCING
AUTHORITIES THE CHI SO IS
LARGELY FOR WORK AND NURSE WHICH
IS AT A FEDERAL LEVEL
[inaudible]
REGULATED.
HOWEVER A UNIQUE TO THE CHI SO
AS COMPARED TO OTHER REGIONAL
TRANSMISSION ORGANIZATION.
IS THE APPOINTMENT OF THE CHI SO
GOVERNING BOARD MEMBERS -- AND
AND THE PROCESS THEY ARE
APPOINTED BY THE GOVERNOR
REQUIRE CONFIRMATION BY THE
SENATE.
AND IN RECENT YEARS HAS BEEN
INCREASING TENSION ON THE ROLE
OF THE CHI SO INCLUDING.
THE DEBATE ABOUT EXPANDING ITS
GREAT OPERATIONS FOR THE STRAITS.
AND IN THAT WESTERN UNITED
STATES.
AND IN TWO IN A KIND OF A
REGIONAL BRED.
THAT IT HAS -- CREATED OF COURSE
SOME.
SOME CONSTERNATION AMONG NOT
ONLY LEGISLATORS BUT PEOPLE HERE
IN THE PUBLIC AND THERE'S
CONCERN ABOUT.
WHAT THIS ORGANIZATION IS WHAT
THEY DO?
ADDITIONALLY RECENT ACTIVITY
CONCERNING THE CASTLE'S FURTHER
INCREASE THE DESIRE TO BETTER
UNDERSTAND.
ALL OF THEIR OPERATIONS
INCLUDING IN.
THE THERE ARE CERTAIN PROPOSALS
TO HAVE KAISER PROCURE RESOURCES.
THERE IS AN INCREASED USE OF A
BACKSTOP PROCUREMENT BY THE CHI
SO FOR RESOURCE ADEQUACY.
THERE IS THE CONTINUED EXPANSION
OF THE CRISIS ENERGY IMBALANCE
MARKET.
AND ALSO THE REPLACEMENT OF PEAK
RELIABILITY COORDINATING
SERVICES AND THOSE OF OF CHI SO --
THESE AND OTHER ISSUES HAVE
CONTRIBUTED TO THE DESIRE TO
BETTER UNDERSTAND.
THE CHI SOS OPERATION.
AND MANY OF THE DECISIONS AND
OPERATIONS OF THE CRY SO ARE OUT
OF THE PUBLIC VIEW OR NOT
SUBJECT TO PUBLIC NOTICING.
AND WE ARE LOOKING AT TRYING TO
SHINE A LIGHT IN TERMS OF HOW --
THIS ORGANIZATION OPERATES AND
WHAT DECISIONS ARE MADE AND HOW
THE A PERFECT THE PUBLIC.
AND WHETHER THERE ARE AFFECTS --
TO OUR OUR OUR SYSTEM IN GENERAL.
SB SEVEN AWAIT ATTEMPTS TO APPLY
MANY OF THE PROVISIONS CURRENTLY
APPLY TO OTHER STATE AGENCIES.
INCLUDING OPEN MEETINGS ACT
PUBLIC RECORDS ACT.
OVERSIGHT OF THE BUDGET AND
AUTHORITY OF THE LEGISLATURE TO
CONDUCT A NOT IT.
SO -- THE THE THE BILL IS
BASICALLY SHINING LIGHT GIVES
THE THE STATE.
AUTHORITY TO IN THOSE AREAS THAT
I MENTIONED.
AND I'D LOVE TO CONTINUE TO WORK
WITH -- THE MEMBERS OF THIS
COMMITTEE IN THE LEGISLATURE. TO
SEE HOW WE CAN COME -- TO ARE.
A COMMON GROUND WITH THE CHI SO
ON MAKING SURE.
THAT -- WE HAVE MORE INFORMATION
THAT MEMBERS OF THE LEGISLATURE
HAVE ACCESS TO THE INFORMATION
AND MEMBERS OF THE PUBLIC.
HAVE ACCESS TO THIS INFORMATION
AS WELL.
WE HAVE TWO WITNESSES HERE TO
TESTIFY IN SUPPORT WE HAVE SCOTT
WHICH REPRESENTING THE COALITION.
OF CALIFORNIA UTILITY EMPLOYEES
AND MATH FRIEDMAN WITH THE
UTILITY REFORM NETWORK.
MUCH EACH WITH A WITNESS TWO
MINUTES A PIECE PLEASE THANK
RANCHER MEMBERS GOT WET YOU MAY
HAVE TO CALIFORNIA COALITION OF
UTILITY EMPLOYEES.
THIS BILL.
IS HERE BECAUSE CAL I SO IS A
PUBLIC BENEFIT CORPORATION
ESTABLISHED BY THE LEGISLATURE.
DID NOT ONLY SPENDS TENS OF
MILLIONS OF RATE PAYER DOLLARS
EVERY YEAR.
BUT APPROVED PROJECTS THAT
PROGRAM HUNDREDS OF MILLIONS OF
DOLLARS OF RAPE HERE FUNDS.
WE BELIEVE THAT THE TRANSPARENCY
OF THAT ORGANIZATION DESERVES TO
BE THE SAME AS THIS LEGISLATURE
AND OTHER LIKE BODIES.
IN THE ENERGY COMMITTEE CAL ICE
OF TESTIFIED THAT THEIR EXISTING
BYLAWS ALREADY SATISFACTORILY
ADDRESSED THESE ISSUES WELL IN
FRONT OF ME ARE THOSE BY LAWS.
YES IN FACT IT DOES CALL FOR
OPEN MEETINGS.
ALTHOUGH IT ALLOWS THE BOARD
ITSELF. TO GO INTO EXECUTIVE
SESSION AT ANY TIME BASED ON ANY
ISSUE BASED ON THEIR OWN
DETERMINATION.
IT ALLOWS A ONE BOARD MEMBER TO
CHANGE THE AGENDA IN ANY WAY
SHAPE OR FORM.
WITH TWO DAYS NOTICE BEFORE
HEARING.
WE WERE IN REGARD TO PUBLIC
RECORDS IT DOES PROVIDE FOR
ALLOWING CERTAIN PUBLIC RECORDS
TO BE.
DISCLOSED TO THE PUBLIC BUT THEN
IT HAS A CATCH ALL FOR SECTION.
THAT BASICALLY READS.
BUT THE CAL I SO BOARD IS
RESPONSIBLE FOR DETERMINING WHAT
INFORMATION THAT THEY WILL MAKE
CONFIDENTIAL.
SO YES THEY HAVE A RULE THAT
SAYS WILL BE TRANSPARENT UNTIL
WE SAY WE DON'T WANT TO MAKE
SOMETHING TRANSPARENT BUT DON'T
DESPAIR.
YOU CAN APPEAL IT. TO THE VERY
BOARD THAT DECIDES WHAT IS GOING
TO BE CONFIDENTIAL AND WHAT IS
NOT GOING TO BE CONFIDENTIAL.
ONE OF THE LOBBYING ARGUMENTS
HAS BEEN USED BY CALAIS SO ON
THIS BILL.
HAS BEEN THAT THE MERE EXISTENCE
OF THIS TRANSPARENCY IN BLUE SKY
PIECE OF LEGISLATION.
HAS CAUSED THE STATES IN THE
WEST UTAH AND ARIZONA AND NEVADA
TO NOT WANT TO SIT DOWN AND
DISCUSS REGIONALIZATION WITH
CALIFORNIA.
IF THAT DOESN'T GIVE PAUSE TO
THIS LEGISLATURE.
ABOUT REGIONALIZATION I DON'T
KNOW WHAT DOES THANK YOU THANK
YOU MISTER ORIGIN I VOTE
[inaudible]
NEXT WITNESS.
THANK YOU MADAM CHAIR MEMBERS OF
THE COMMITTEE MATT FRIEDMAN ON
BEHALF OF THE UTILITY REFORM
NETWORK -- WE SUPPORT THIS BILL
BECAUSE IT WOULD REQUIRE
SPECIFIC AND MODEST REFORMS AT
THE CALIFORNIA I SO. TO PROMOTE
TRANSPARENCY ACCOUNTABILITY AND
COORDINATION WITH STATE UTILITY
ENERGY AND ENVIRONMENTAL
REGULATORS AND WE BELIEVE THESE
MODEST REFORMS WOULD ASSIST THE
I SO.
AS A CALIFORNIA NONPROFIT
BENEFIT CORPORATION IN CARRYING
OUT ITS FUNCTIONS IN A MANNER
CONSISTENT WITH STATE POLICY.
AND THIS IS IMPORTANT BECAUSE
THAT HI SO INCREASINGLY IS
PLAYING A CENTRAL ROLE IN
SUPPORTING THE IMPLEMENTATION OF
STATE CLEAN ENERGY CLIMATE AND
RELIABILITY POLICIES.
WE PARTICULARLY SUPPORT THE
REQUIREMENT FOR THE I TO
PUBLICLY DISCLOSE INFORMATION
RELATING TO SANCTIONS FOR
VIOLATIONS OF EXISTING TERRACE
OR RULES OF CONDUCT BY MARKET
PARTICIPANTS OR SCHEDULING
COORDINATORS.
UNFORTUNATELY CHI SO CURRENTLY
REFUSES TO PUBLICLY DISCLOSE THE
NAMES OF THESE COMPANIES
CLAIMING THAT DISCLOSURE WOULD
REPRESENT A PUBLIC SHAMING OR
CAUSE REPUTATIONAL HARM TO
MARKET PARTICIPANTS -- I WOULD
ASK THIS COMMITTEE TO CONSIDER
WHETHER THEY WOULD RESPOND
FAVORABLY IF THE PUBLIC
UTILITIES COMMISSION SAID THAT
THEY WERE REFUSED TO NAME THE
IDENTITIES OF VIOLATORS ON THOSE
BASIS WE THINK THAT PUBLIC
INTEREST IS REALLY BEST SERVED-BY DISCLOSING BASIC INFORMATION.
ABOUT ALL VIOLATIONS THAT RESULT
IN FINANCIAL PENALTIES.
I'M AS MISTER WHICH POINTED OUT
SB SEVEN AWAY WOULD PROMOTE MORE
TRANSPARENCY.
IN THE HIGH SAYS OWN OPERATIONS
BY REQUIRING FULL COMPLIANCE
WITH THE PUBLIC RECORDS ACT AND
BAGLEY KEENE OPEN MEETING ACT
THERE ARE A NUMBER OF EXAMPLES
WHERE THESE POLICIES BY THE CHI
SO ARE.
MUCH MORE LENIENT THAN THOSE
THAT APPLY TO OTHER STATE
AGENCIES WITHIN TAKEN TOGETHER
THE PROVISIONS OF SB SEVEN AWAIT
SHOULD RESULT IN A CLOSER
WORKING RELATIONSHIP.
BETWEEN THE I SO THE LEGISLATURE
AND OTHER STATE AGENCIES AND WE
ASK FOR AN AYE VOTE THANK YOU.
THANK YOU VERY MUCH ARE THERE
ANY OTHER WITNESSES IN SUPPORT
OF THIS MEASURE ANY OTHER
WITNESSES IN SUPPORT.
ARE THERE ANY WITNESSES IN
OPPOSITION.
MANY WITNESSES IN OPPOSITION
SING AND SING NONO THERE ANY
QUESTIONS FROM THE DíAS.
THE CENTER HUESO I WANT TO THANK
YOU.
FOR BRINGING THIS LEGISLATION
THE I. SO IS A VERY UNUSUAL.
HYBRID OF AN INSTITUTION THAT
SEEMS TO BE FAIRLY WELL ISOLATED
FROM SCRUTINY AND I APPRECIATE
YOUR SUGGESTING THAT SUNSHINE IS
APPROPRIATE AND OF APPRECIATE
YOUR BRINGING THE MEASURE
FORWARD AS I UNDERSTAND IT TOO
WE HAVE A THE OF THE MOTION.
ON THIS MEASURE.
IS OUR MOTION.
ALL RIGHT MOVE MOVE BY SENATOR
MORNING WOULD YOU LIKE TO CLOSE
SIMPLY ASK YOUR SUPPORT FOR THIS.
IMPORTANT TRANSPARENCY MEASURE
THANK YOU THANK YOU.
ALL RIGHT THE MOTION IS TO PASS
TO SENATOR PROBST MADAM
SECRETARY PLEASE CALL THE ROLL
JACKSON HI JACKSON AYE BORDERS.
ALAN.
ALLEN I CALLED THE EURO
[inaudible]
JONES [inaudible]
MORNING.
MONNING EYES STERN.
STERN AYE AMBERG.
WHITE HOUSE SKI HI MIKE HEALTHY
AYE. FIVE FIVE THE TWO ZERO WILL
A PLACE THAT MEASURE ON CALL I
THINK THAT'S IT FOR YOU CENTER.
THANK YOU THANK YOU SIR HUESO.
ALL RIGHT NEXT WE HAVE --
SENATOR WILK.
FILE ITEM NUMBER.
FIVE SB TWO OH TWO AGAIN TWO
WITNESSES TWO MINUTES EACH.
ALL RIGHTY CENTER WILK FLOORS
YOURS.
THANK YOU MADAM CHAIR AND
MEMBERS.
I FIRST WOULD LIKE TO BEGIN
ACCEPTING THE MEMBERS PROPOSED
BY THE COMMITTEE WHICH PROVIDE
GREATER PROTECTION AND SECURITY
FOR THE COMMITTEE A COMMUNITY
BASED BLOOD DONATION PROCESS.
THAT'S WHAT I THINK THE CHAIR
FOR BRINGING THE CHANGES FORWARD
AND AND FOR ALL THAT THE GREAT
WORK DONE BY THE COMMITTEE STAFF.
AS YOU MAY BE WHERE CALIFORNIA
IS CURRENTLY FACING A SEVERE
SHORTAGE OF ANIMAL BLOOD.
SB TWO OH TWO IS OUR FIRST STEP
IN THE RIGHT DIRECTION TO IN THE
SHORTAGE.
AND ENSURE THE HEALTH AND
HAPPINESS OF ANIMALS EVERYWHERE.
RIGHT NOW THERE ARE ONLY TWO
LICENSE COMMERCIAL ANIMAL BLOOD
BANKS OPERATING IN CALIFORNIA.
THE EXISTING REGULATORY
FRAMEWORK IS ONLY ALLOWED FOR
THE PRODUCTION CELL BLOOD FROM
CLOSE CALL ANY BANKS.
THESE BANKS HOUSE DOGS AND CATS
FOR FOR YEARS FOR THE SPECIFIC
PURPOSE OF GIVING BLOOD CLOSE
KILEY BANKS EARN IMPORTANT PART
OF THE VETERINARY MEDICAL WORLD.
THE GIVEN OUR ANIMAL BLOOD
SHORTAGE THIS CREDIT IS CRITICAL
THAT WE ALSO MAKE AN ALLOWANCE
FOR COMMUNITY BASED MODEL OF
BLOOD BANKS.
COMMUNITY BLOOD BANKS WHICH%
OPERATE FREELY IN AND FORTY NINE
OTHER STATES ALLOW PET OWNERS TO
VOLUNTEER THEIR ANIMALS TO GIVE
BLOOD UNDER THE OVERSIGHT OF A
LICENSE THAT.
THIS MODEL IS PROVING TO BE SAFE
AND HEALTHY IN THIS MEASURE ALSO
INCLUDES BLOOD BORNE PATHOGEN
TESTING FOR EVERY DONOR. TO
ENSURE THE HEALTH AND QUALITY OF
OUR OF OUR BLOOD SUPPLY.
WE NEED TO ALLOW FOR THIS
COMMUNITY BASED MODEL TO ENSURE
A ROBUST AND HEALTHY BLOOD
SUPPLY FOR THE ANIMALS
THROUGHOUT OUR STATE.
NOW WITH THE PERMISSION OF THE
CHAIR AND LIKE INTRODUCE LICENSE
VETERINARIAN DR HEATHER RALLY
AND JUDY MANN COULD GO WITH
SOCIAL COMPASSION IN LEGISLATION.
THANK YOU SIR WORLD A GOOD
AFTERNOON AND TWO MINUTES EACH
YEAR IF YOU WOULD.
THANK YOU AND GOOD AFTERNOON MY
NAME IS DOCTOR HAD THE RALLY
GOOD TO SEE SOME OF YOU AGAIN --
I AM THE SUPERVISING
VETERINARIAN AT THE FEET OF
FOUNDATION AND ALSO A LICENSED
VETERINARIAN IN CALIFORNIA IN
GOOD STANDING.
I'M CALIFORNIA IS THE ONLY STATE
IN THE COUNTRY WHERE IT IS
ILLEGAL FOR VETERINARIANS TO
OBTAIN.
THIS PRODUCT THROUGH COMMUNITY
BASED ON OUR PROGRAMS.
SENATE BILL TWO OH TWO WOULD
CHANGE THAT.
A A LARGER AND MORE SO MORE
RELIABLE SUPPLY OF LIFESAVING
BLOOD PRODUCTS FOR ANIMALS IN
NEED IN CALIFORNIA.
AND BEYOND.
THIS BILL IS A WIN FOR
VETERINARIANS IN OUR PATIENTS
FOR CLIENTS WHO WANT THE
ABSOLUTE BEST CARE POSSIBLE FOR
THEIR BELOVED PETS.
AND FOR THE DONORS THEMSELVES.
COMMUNITY BLOOD BANKS ARE
THRIVING ACROSS THE COUNTRY
RIGHT NOW WHERE THEY ARE THE
RULE NOT THE EXCEPTION IN THESE
BANKS OWNERS VOLUNTEER THEIR
DOGS WHO LIVE IN LOVING HOMES
AND OUR SCREEN FOR INFECTIOUS
DISEASES. TO HELP RECIPIENT DOGS
WHO REQUIRE THOSE BLOOD PRODUCTS
FOR TRAUMA SURGERY ANEMIA OR
OTHER DISEASES.
RECIPIENT DOGS OF COURSE AND
VETS BENEFITS FROM.
RELIABLE SUPPLY OF SAFE BLOOD
PRODUCTS WHICH IS OFTEN IN
SHORTAGE IN CALIFORNIA.
EVERY SINGLE DOG DESERVES TO
LIVE IN A LOVING HOME AND THEY
DESERVE TO HAVE THE BEST BETTER
CARE POSSIBLE -- AND IT IS THAT
SIMPLE AND IT'S ACHIEVABLE WITH
SB.
TWO OH TWO THIS BILL WOULD ALSO
ALLOW CALIFORNIA TAXPAYERS AND
VETERINARIANS WHO ARE PURCHASING
BLOOD AND OTHERS TO SEE THE
DEPARTMENT OF FOOD AND
AGRICULTURE'S INSPECTION REPORTS
FOR THESE FACILITIES WHICH WERE
ALL IN THE DARK ON UNDER CURRENT
LAW.
SO PLEASE -- MY HOPE TO HAVE
YOUR SUPPORT FOR SB TWO OH TWO
THANK YOU.
THANK YOU VERY MUCH NEXT WITNESS
I THANK YOU -- I'M JUDY MAN CREW
SO FOUNDER PRESIDENT OF SOCIAL
COMPASSION IN LEGISLATION.
AND I ALSO SERVED OVER EIGHT
YEARS ON THAT CALIFORNIA
VETERINARY MEDICAL BOARD AND I
UNDERSTAND THE NEEDS OF THAT
MARION'S AND THE ANIMALS THEY
SERVE.
AND OF RIGHT NOW IN THE STATE OF
CALIFORNIA AS YOU HEARD THERE'S
BEEN A MONOPOLY IT'S BEEN TWO
COMPANIES.
I DON'T KNOW OF ANY OTHER
BUSINESS THAT'S HAD A MONOPOLY
LIKE THIS IN THE STATE OF
CALIFORNIA IT'S ACTUALLY VERY
STUNNING -- AT AND IT NOT ONLY
HAVE THEY HAD A MONOPOLY THEY'VE
BEEN EXEMPT FROM DISCLOSURE AND
SO I KNOW THAT YOU HAVE MANY
HOURS OF OF HEARINGS TODAY.
SO I'M GOING TO CUT THIS SHORT
I'M GOOD AT THANK CENTER WILL
COOK FOR KERRY IN THIS BILL FOR
US AND I WANT TO THANK YOU
CENTER JACKSON FOR THESE
AMENDMENTS.
BECAUSE THEY MAKE THIS BILL SO
MUCH BETTER SO THANK YOU VERY
MUCH I AS FOR YOUR AYE VOTE.
THANK YOU VERY MUCH AND I WOULD
BE REMISS IF I DIDN'T THANK THE
PERSON TO MY RIGHT FOR HER HELP
IN DOING SO AS WELL.
ANY OTHER WITNESSES IN SUPPORT.
TO HAVE ANY WITNESSES IN
OPPOSITION.
MADAM CHAIR AND MEMBERS JEFFREY
LEE **** ON GREENBERG TRAURIG ON
BEHALF OF THE ANIMAL BLOOD BANK.
WE'RE NOT HERE IN OPPOSITION I
WANTED TO POINT OUT THE ANALYSIS
IN CORRECTLY REFLECTS -- ANIMAL
BLOOD BANK AS OPPOSED TO THE
BILL -- IN FACT ANIMAL BLOOD
BANK IS SUPPORTIVE OF COMMUNITY
BLOOD BANKING -- AND I WOULD
JUST CLARIFY THERE ISN'T A
MONOPOLY WE HELPED CARRY
LEGISLATION LAST YEAR.
THAT MADE CLEAR OF AND
VETERINARIANS COULD TAKE AND USE
BLOOD IN THEIR OWN PRACTICE --
AND WE WERE SUPPORTER OF THAT
LEGISLATION LAST YEAR WE DO HAVE
SOME CONCERNS ABOUT THE BILL.
INCLUDING THE EXPOSURE OF
PROPRIETARY INFORMATION BUT
WE'RE WORKING WITH THE AUTHOR ON
THAT AND WE LOOK FORWARD TO
GETTING THEM RESOLVED THANK YOU.
THANK YOU.
ADDITION I'M SORRY WE HAVE
ADDITIONAL SUPPORT ALRIGHT
SUPPORT PLEASE STEP FORWARD CHEN
MEMBERS MY DILLON REPRESENT THE
VETERINARY MEDICAL ASSOCIATION
WE ARE IN SUPPORT THANK YOU.
THANK YOU.
THAT'S BECAUSE THE FROM AN
EXECUTIVE OFFICER FOR THE
VETERINARY MEDICAL BOARD IN
SUPPORT [inaudible]
THANK YOU [inaudible]
THE JOB. THOUSAND MATTER NOT
LIGHT HOUSE PUBLIC AFFAIRS HERE
ON BEHALF OF ANIMAL LEGAL
DEFENSE FUND IN SUPPORT.
THANK YOU VERY MUCH.
ARE THERE ANY OTHER WITNESSES IN
SUPPORT ANY WITNESSES IN
OPPOSITION.
ALL RIGHT WILL TAKE NOTE THAT
THERE IS NO OPPOSITION FROM THE
OPPOSITION AND WE HAVE A MOTION.
ANY QUESTIONS OR COMMENTS FROM
THE DíAS SEEING NONE.
THE MOTION IS TO PASS AS AMENDED
TO SENATE APPROPRIATIONS.
MA'AM SECTOR PLEASE CALL THE
ROLL JACKSON HI JACKSON I'D
BORDERS.
GORGEOUS AYE ALLEN.
ALLEN AYE AYE CABALLERO.
CABALLERO I'D JONES.
MONNING.
MONNING I STERN.
STERN AYE NUMBER.
WHAT HEALTHY LIKE HEALTHY I?
THE BILL HAS. SEVEN VOTES WILL
HOLD THE ROLE OPEN FOR THE
OPTION THE MATTER THANK YOU
CENTER WELL THANK YOU.
UP NEXT WE HAVE SENATOR
HERTZBERG HERE ON FILE ITEM TEN
SB.
THREE THREE TWO I'M IN TROUBLE I
GOT A WHOLE BUNCH OF MEMBERS
WE'RE ALL HERE FOR THE LAST
COMMITTEE WAITING WITH.
WAITING WITH BATED BREATH.
ALL RIGHT I'M IN TROUBLE TODAY
ALRIGHT WE'RE GOING TO WE'RE
GONNA TRY TO MAINTAIN A LITTLE
DECORUM THOUGH IN THIS --
COMMITTEE HERE.
ALL RIGHT WE HAVE A TWO
WITNESSES TWO MINUTES EACH.
CENTER HERTZBERG THE FLOOR IS
YOURS.
PERSONAL EXCEPT THE COMMITTEE
MEMONS AS AS GOOD AMENDMENTS AND
I APPRECIATE IT -- IN WATER
POLICY WE HAVE BEEN TRYING FOR
SOME TIME. TO DEAL WITH KIND OF
A LARGER ARCHITECTURE FROM HOW
WE USED TO DEAL WITH WATER
POLICY IN YEARS GONE PAST BEFORE
IT WAS TAKEN A STRAW ON THE
NORTH.
AND STICK IN A STRONG THE
COLORADO RIVER AND LET NO WATER
IN SANTA BARBARA AND THAT WAS
OUR POLICY -- IN CALIFORNIA NOW
WHAT'S HAPPENING IS WE'RE TRYING
TO RE CRAFT WATER POLICY IN A
WAY THAT IS MORE CONSISTENT WITH
THE SUSTAINABLE GOALS THAT WE'VE
BEEN TALKING ABOUT IN THE
ENVIRONMENTAL SPACE.
BY E. LET'S LOOK AT
SUSTAINABILITY LET'S LOOK AT NEW
ABILITY AND LET'S LOOK AT
RECYCLING.
AND SO WHAT WE'RE DOING WITH
THIS BILL IS WERE BASICALLY
DOING WHAT -- BYRON SHEER DID
THE SOME YEARS AGO IT STARTED
OUT SAN FRAN PAVLEY EXPANDED
UPON IT.
TRYING TO CREATE OUR PS EXIT
BASICALLY -- FOR WATER THAT'S
BEING DISCHARGED IN THE OCEAN --
WHAT WE THINK ABOUT THIS FOR A
MINUTE THIS IS DEBORAH BOX ROCKS
MADAM CHAIRMAN YOUR WOMAN?
THE THE POINT IS THAT WE GO OUT
WE TAKE THIS WATER WE USE IT
ONCE WE STEAL IT FROM THE NORTH
OR FROM SOME OTHER PLACE WE USE
IT ONCE AND THEN WE THREE CLEAN
IT UP THE FEDERAL STANDARDS AND
WE THROW IN THE OCEAN.
WHY DON'T WE READ CHARGE THE
GROUNDWATER WATER WE RECYCLE IT
AND REDUCE THE BURDEN FOR
FARMERS FOR THE ENVIRONMENT AND
FOR OTHER PARTS OF THE STATE
WERE IMPORTANT WATER?
SO WHAT WE DO IS WE STARTED THE
DIALOGUE HERE TO START THE
DISCUSSION -- OF SETTING A DATE
STANDARD.
FOR RECYCLING OF OF WATER JUST
TO GIVE YOU BY WAVES 50% BY
203095% BY TWENTY FORTY CERTAIN
AMERICA LOS ANGELES TO SAID HE
WOULD REACH A 100% FIRST
HYPERION FACILITY.
AND JUST IN THE COMMITTEES I
RIVERS AND LOS ANGELES WE
LITERALLY USE FIVE HUNDRED FIFTY
THOUSAND ACRE FEET A YEAR FOR
THE CITY AND WE PUT THAT MUCH
JUST ONE FACILITY FOR TWO
FACILITIES INTO THE OCEAN WE CAN
DRAMATICALLY REACH SHAPE THE
ARCHITECTURE OF HOW WATER POLICY
WORKS IN.
CALIFORNIA WHICH ALSO DEALS A
LOT WITH THE POLITICS OF OF
WATER THROUGHOUT THE SYSTEM SO
AND WE'VE TAKEN THE AMENDMENT
RELATING TO DRY WATER YEARS TO
THE MAKES SOME SENSE.
LOOK YOU KNOW WE UNDERSTAND THAT
ONE SIZE DOESN'T FIT ALL WITH
RESPECT TO WATER POLICY BUT
CERTAINLY WHAT WE DO KNOW IS
THAT THERE'S AN EXTRAORDINARY
AMOUNT.
OF WHEELING OF WATER THAT
DOESN'T NEED TO BE DONE AND WE
CAN DRAMATICALLY CHANGE THE THE
SYSTEM OF HOW IT WORKS THAT'S
THE REASON I INTRODUCED THIS
BILL -- AND THE PURPOSE BEHIND
IT -- WE'VE GOT THE OF FOLKS
HERE WHO ARE MY WITNESSES OUR
GUEST STARS THE TWO MINUTES TO
TESTIFY ON THIS THING THE
NATURAL RESOURCES DEFENSE
COUNCIL IN FROM THE CALIFORNIA
STATE FIVE TRADES AND I WILL
PASS IT ON TO THEM.
THANK YOU GOOD AFTERNOON GOOD
AFTERNOON MY NAME IS DREADED HAN
TIME WITH NATURIST ARSES DEFENSE
COUNSEL.
A SPONSOR OF THIS BILL -- TO
ELABORATE ON WHAT SENATOR
HERTZBERG WAS SAYING.
THE THE PURPOSE OF THIS BILL IS
TO PROVIDE A LOCAL RELIABLE
SOURCE OF WATER -- WERE FACING
ENORMOUS DROUGHT CYCLES THESE
DAYS THE CLIMATE RESILIENCY --
AND MEASURES TO ENSURE RELIABLE
LOCAL SUSTAINABLE SOURCES OF
WATER AND CRITICALLY IMPORTANT --
IN TWENTY SIXTEEN AT THE END OF
THE LAST DROUGHT A SIMILAR BILL
WAS PROPOSED A PROPOSED TO
RECYCLE 1100% OF THE INFLUENCE.
TO THE WASTE WATER TREATMENT
PLANTS AT THAT POINT THERE WAS A
LOT OF OPPOSITION PEOPLE WERE
SAYING THERE'S UNCERTAINTY ABOUT
WHETHER WATER SUPPLIERS WOULD BE
ABLE TO PURCHASE THIS WATER.
THERE WAS ABSENCE OF CLEAR RED
LIGHT REGULATIONS TO ENSURE THAT
THE WATER COULD BE REDUCED.
AND THERE WAS CONCERN AROUND
CREDIT FOR CONSERVATION AND
EFFICIENCY MEASURES THAT PEOPLE
HAD ALREADY PUT INTO PLACE --
SINCE THEN THE TIMES OF CHANGE
THERE ARE NOW REGULATIONS IN
PLACE FOR INDIRECT SUPPORT WILL
RE USE -- THERE'S A SB FIVE
SEVENTY FOUR QUIRK BILL REQUIRES
REGULATIONS FOR DIRECT POTABLE
REDUCE BY -- TWENTY TWENTY THREE
THE STATE BOARD ADOPTED RECYCLED
AT THAT BASE FIND DISCHARGE THAT
CAN BE PUT TO BENEFICIAL REUSE
THAT'S REALLY IMPORTANT.
IT DOESN'T REQUIRE RE USE OF
WATER SUCH AS BRINE -- AS THE
CENTER RD MENTIONED IT WON'T
REQUIRE THAT -- THAT.
THAT THERE BE USE OF WET WEATHER
FLOWS BECAUSE THOSE ARE AN
ENORMOUS BURDEN IT'S DRY WEATHER
FLOW FOCUSED -- AND IT HAS AN
INTRAMUSCULAR TO TO ENSURE THAT
PEOPLE ARE ON TARGET BY
REQUIRING REACH 50% REDUCED BY --
TWENTY THIRTY SO I MAKE SURE I
COVER THE POINTS HERE
[inaudible]
THE THE AS I MENTIONED.
WE HAVE NOW IS CRAFTED A BILL
THAT WILL PROVIDE CONSISTENCY
WITH THE TIME LINES. FOR THE
ABILITY TO RE USE THIS WATER --
IT WELL AS THE AMENDMENTS
PROPOSED REQUIRED THE PLAN BE
SUBMITTED BY TWENTY TWENTY FIVE
WHICH IS. TO TO WHICH IS TWO
YEARS AFTER THE REGULATIONS WILL
BE IN PLACE THANK YOU.
THANK YOU VERY MUCH NEXT WITNESS.
I ABOUT THAT GOOD AFTERNOON
MADAM.
JACKSON AND COMMITTEE MEMBERS MY
NAME IS CAITLYN COLUIM THE
POLICY ANALYST OF THE CALIFORNIA
COAST KEEPER ALLIANCE WHICH
REPRESENTS LOCAL WATERKEEPER
ORGANIZATIONS THROUGHOUT STATE
FROM.
SAN DIEGO TO THE OREGON BORDER.
WE SET I STRONGLY SUPPORT SENATE
BILL -- THREE THREE TWO AS A
CRITICAL STEP.
THEN THE WANTON WASTE OF AYE
DISCHARGING TREATED WASTE WATER
DIRECTLY INTO THE OCEAN.
AND THREE USES WATER EYES --
VALUABLE WATER SUPPLY.
THIS BILL ULTIMATELY WILL ENSURE
OF RESILIENT MULTI BENEFITS --
WATER SUPPLIES OF LOCAL LEVEL.
AND PROVIDE A VIABLE SOLUTION TO
CALIFORNIA'S LONG TERM WATER
NEEDS.
CALIFORNIA -- AS PREVIOUSLY
DESCRIBED HAS WELL ESTABLISHED
POLICIES THAT. TO PREVENT WATER
CONSERVATION EFFICIENCY HERE SIR
MOTOR CAPTION WATER RECYCLING.
IN TWO THOUSAND NINE THE STATE
WATER BOARD -- ESTABLISH A
STATEWIDE GOAL TO RECYCLE ONE
POINT FIVE MILLION ACRE FEET OF
WASTE WATER BY TWENTY TWENTY IN
TWO POINT FIVE MILLION ACRE FEET.
BY.
TWENTY THIRTY IN DECEMBER OF
TWENTY EIGHTEEN JUST THIS PAST
DECEMBER.
STATE WATER BOARD ADOPTIVE
ADOPTED TO REVISE WATER POLICY
OF RECYCLED WATER POLICY.
WITH THE GOAL TO RECYCLE ALL DRY
WEATHER WEATHER OCEAN WASTE
WATER WATER DISCHARGES STATEWIDE.
SB THREE THREE TWO SUPPORTS.
THE OBJECTIVES OF THE STATEWIDE
RECYCLED WATER POLICY BY SETTING
AGGRESSIVE YET ATTAINABLE A
WATER SAVING GOALS.
CALIFORNIA CANNOT AFFORD NOR IS
A PERMITTED BY THE CALIFORNIA
CONSTITUTION TO WASTE A DROP OF
WATER THAT COULD BE PUT TO
BENEFICIAL YEARS.
BY RECOGNIZING WASTE WATER IS A
RESOURCE AND NOT A WASTE THIS
BILL RE ENFORCES THE CALIFORNIA
CONSTITUTION AND SUPPORTS THE
STATE'S EFFORTS TO ACHIEVE A
DROUGHT RESISTANT WATER FEATURE.
FOR THESE REASONS WE STRONGLY
HER DRIVER TODAY THANK YOU VERY
MUCH OTHER WITNESSES IN SUPPORT
IF YOU'D GIVE YOUR NAME --
AFFILIATION AND INDICATE THE
THUMBS UP OR THUMBS DOWN --
HAPPY IN BETWEEN -- ALL RIGHT MY
NAME IS JEFF TOWARD A YEAR
ALWAYS A PLEASURE WOULD HAVE TO
GET.
THERE AND THE REASON WHY AND
GOTTEN INTERESTED MORE THIS IS
THE P. P. R. C. DID A WASTE
WATER THING THIS LAST WEEK.
SO BECOMING BETTER INFORMED AND
REALIZING THAT THERE NEEDS TO BE --
COALITION OF WATER ALL THE WAY
AROUND TO UNDERSTAND AND WASTE
WATER IS A RESOURCE WE ARE NOT
UTILIZING.
THANK YOU.
NEXT WITNESS NAME AND
AFFILIATION PLEASE GOOD
AFTERNOON THERESA BROKERAGE ON
BEHALF OF HEAL THE BAY IN SERIES
IN STRONG SUPPORT.
THANK YOU.
MONSTER AMERO WITH THE
CALIFORNIA LEAGUE OF
CONSERVATION VOTERS IN SUPPORT
THANK YOU.
BRAIN AND ALSO SIERRA CLUB
CALIFORNIANS SUPPORT.
THANK YOU OTHER WITNESSES IN
SUPPORT.
IN A IN BETWEEN POSITION --
SYLVIA SOLELY SHAMI HALF OF CITY
OF LOS ANGELES MAYOR ERIC
GARCETTI WE'VE BEEN WORKING WITH
THE BILL'S SPONSORS ENERGY SEE
AN SENATOR HERTZBERG AND WE HOPE
TO GET TO A GOOD PLACE TO
ACHIEVE -- THE CITY IS 1100%
SUSTAINABLE WATER CALLS THANK
YOU.
THANK YOU VERY MUCH WITNESSES I
ASSUME ARE COMING FORWARD IN
OPPOSITION DO WE HAVE ANY OTHER
WITNESSES IN SUPPORT.
YES NOT ALL RIGHT WITNESSES IN
OPPOSITION. TO WITNESSES TWO
MINUTES EACH GOOD AFTERNOON
THANK YOU MADAM CHAIR -- GOOD
AFTERNOON -- JESSICA GAGA WITH
THE CALIFORNIA ASSOCIATION OF
SANITATION AGENCIES.
HERE TODAY UNFORTUNATELY IN
OPPOSITION TO ASK THREE THREE
THREE TWO I JUST WANT TO
REITERATE THAT THIS IS A 50%
REDUCTION MANDATE BY.
TWENTY THIRTY AND 95% REDUCTION
MANDATE BY TWENTY FORTY AND
THAT'S A MANDATE SUBJECT TO NON
COMPLIANCE PENALTIES SO -- WE
BELIEVE THIS BILL AS WELL
INTENDED BUT IN ITS CURRENT FORM
IS UNWORKABLE FOR MANY REASONS.
THE VOLUME OF WATER WE'RE
TALKING ABOUT IS IMMENSE THIS IS
NOT A SCENARIO THAT WOULD ALLOW
AGENCIES TO BUILD OUT A FEW MORE
PURPLE PIPE SYSTEMS FOR
LANDSCAPE IRRIGATION OR OTHER
ALLOWABLE USES.
THIS VOLUME OF WATER WOULD
NECESSARILY REQUIRE LARGE SCALE
RECYCLING AND MOVING MASS
QUANTITIES OF WATER TO STORAGE
FOR REVIEWS -- USING EITHER
GROUNDWATER AQUIFER RESERVOIR OR
DIRECTLY INTO DRINKING WATER
SYSTEMS.
A KEY COMPONENT OF THE
REGULATORY FRAMEWORK FOR
AGENCIES TO PURSUE THESE TYPES
OF STORAGE AND REDUCE OPTIONS
ARE NOT YET IN PLACE.
THE WATER BOARD'S NOT REQUIRED
TO DEVELOP THE RAW WATER
AUGMENTATION REGULATIONS UNTIL
TWENTY TWENTY THREE AND THERE'S
NO DEADLINE OR REQUIREMENT FOR
THEM TO DEVELOP TREATED DRINKING
WATER AUGMENTATION REGULATIONS
AT THIS TIME.
IT'S IMPORTANT TO NOTE THAT THE
CALIFORNIA WATER AND WASTEWATER
AGENCIES ARE AT THE FOREFRONT OF
WATER RECYCLING ON THE WORLDWIDE
SCALE.
MANY OF OUR MEMBER AGENCIES ARE
INVOLVED IN DOING SOME OF THE
MOST PROGRESSIVE AN AMBITIOUS
PROJECTS AND THE COUNTRY AND TO
PUT THIS PROPOSAL INTO
PERSPECTIVE FOR A MOMENT.
NONE OF THE PROJECTS UNDER WAY
IN CALIFORNIA ONE OF THEIR FULL
OPERATIONAL CAPACITY WOULD BE
ABLE TO MEET THE MANDATED
REDUCTION SET FORTH IN THIS BILL.
I'D ALSO POINT OUT THAT MANY OF
THESE BIG PROJECTS AROUND TWENTY
TO THIRTY YEAR -- PROJECT
SCHEDULES SO THERE ARE VAST
REGIONAL VARIATIONS AND HOW
WATER IS MANAGED IN CALIFORNIA
IN SOME COMMUNITIES WATER
RECYCLING IS A PROMINENT SUPPLY
FACTOR IN OTHERS THERE ARE
SIGNIFICANT CHALLENGES FOR
EMPLOYING MORE.
RECYCLED WATER AS PART OF THE
LOCAL PORTFOLIO THIS BILL MAKES
NO CONCESSIONS FOR AGENCIES THAT
HAVE LEGITIMATE LOGISTICAL
CHALLENGES FOR RE USING THIS
VOLUME OF WATER.
IN SOME PLACES THERE'S NO
STORAGE OPTIONS AND THE MANDATE
WOULD NECESSITATE MOVING LARGE
QUANTITIES OF WATER OVER FOR
EXAMPLE A MOUNTAIN RANGE TO
SECURE.
ADEQUATE STORAGE -- THE GHG AND
ENERGY DEMAND IMPLICATIONS.
OF FOR SOMETHING LIKE THAT ARE
CONSIDERABLE WASTEWATER
DISCHARGES ARE ALSO NECESSARY
FOR BRIAN MANAGEMENT IN
CALIFORNIA.
AND A CERTAIN VOLUME OF AFFLUENT
AND LEVEL OF DILUTION IS
REQUIRED BY THE WATER BOARD
THANK YOU.
THANK YOU THANK YOU NEXT WITNESS.
GOOD AFTERNOON MY NAME IS DAN
JUERGEN AND I'M HERE TODAY
REPRESENTING CHI A GUESS
MUNICIPAL WATER DISTRICT.
HI GUEST OPERATES AS A WHOLESALE
WATER AGENCY THAT SERVES ROUGHLY
THREE COPPER THREE QUARTERS OF
INTER COUNTY ROUGHLY SIX HUNDRED
AND SIXTY THOUSAND RESIDENTS.
ON BEHALF OF OUR BOARD OF
DIRECTORS EXTEND PERSONAL
GREETINGS TO THE CHAIR AND
SENATOR STERN WHO BOTH REPRESENT
pSERVICER AND OF COURSE IT'S
TOTALLY COINCIDENTAL THAT HE'S
HERE.
YEAH YEAH OKAY AS YOU CAN
IMAGINE CONGRESS IS STRONGLY
OPPOSED SB THREE THREE TWO IN
ITS CURRENT FORM.
IT IS FUNDAMENTALLY FLAWED IN
THAT IT WOULD APPLY TO ALL
ENTITIES HOLDING AN NPDES PERMIT
HOLDER.
AND KILEY THIS IS SUCH AN NPDES
PERMIT HOLDER.
UNFORTUNATELY THIS MEASURE DOES
NOT DISTINGUISH BETWEEN
MUNICIPAL WASTEWATER DISCHARGES
THE INTENDED TARGET OF THE BILL.
AND BRIAN CONCENTRATE DISCHARGES
FROM PROJECTS THAT ARE DESIGNED
TO MAXIMIZE DEVELOPMENT OF LOCAL
WATER RESOURCES AND REDUCE
RELIANCE ON IMPORTED WATER
SUPPLIES.
WHICH IS A SAID ESSENTIALLY THE
UNDERLYING OBJECTIVE OF THIS
BILL. TO ASSIST OUR SERVICE AREA
BECOMING MORE SUSTAINABLE CARGAS
OPERATES THE SALINITY MANAGEMENT
PIPELINE.
DESIGNED COLLECT BRINA VERY
SALTY WATER GENERATED AS A BY
PRODUCT.
OF GROUND WATER TREATMENT
FACILITIES AND CONVEY THAT WATER
FOR SAFE DISCHARGE THE OCEAN.
WHEN COMPLETED WATER USERS
WITHIN OUR SERVICE SORRY WILL
HAVE PAID ON THE ORDER OF ONE
QUARTER OF A BILLION DOLLARS FOR
THE SONY MANAGEMENT PIPELINE?
THAT DOES NOT INCLUDE THE
COMBINED COST OF VERY STREAMING
FACILITIES THAT EITHER HAVE BEEN
OR WILL BE CONSTRUCTED BY OUR
LOCAL WATER PREPARES WHICH WILL
ULTIMATELY AMOUNT. TO HUNDREDS
OF MILLIONS OF DOLLARS ON TOP OF
THAT.
WITHOUT OPERATION OF OUR SANITY
MANSION PIPELINE IN THE
INVESTMENTS THAT WATER AGENCIES
ACROSS THE STATE HAVE MADE INTO
OUR INFRASTRUCTURE TO CONVEY.
WATER IN SUCH AS THIS.
THESE PRODUCTS DO NOT MOVE
FORWARD IN OUR OWN REGIONS AND
DEPENDENCE ON STATE WATER ON
IMPORTED WATER IS NOT REDUCE.
THE BILL SITES THE IMPORTANCE OF
INCREASING WATER RECYCLING TO
REDUCE RELIANCE ON IMPORTED
WATER SOURCES.
HOWEVER THIS MEASURE WOULD IN
ADVERSELY IMPACT OUR ABILITY TO
DISCHARGE BRINED.
THEREFORE OUR ABILITIES
INCREASED WATER RECYCLING
INVENTOR COUNTY WOULD BE
SEVERELY LIMITED.
AGAIN IT IS CLEAR THE INTENT OF
SB THREE THREE TO SIT TARGET
DISCHARGES FROM MUNICIPAL WASTE
WATER FACILITIES.
THANK YOU THANK YOU.
ALL RIGHT.
OTHER WITNESSES IN OPPOSITION
PLEASE STEP FORWARD NAME AND
AFFILIATION PLEASE I'M CURIOUS
ON BEHALF OF THE ASSOCIATION OF
CALIFORNIA WATER AGENCIES
OPPOSED THANK YOU.
DON GILBERT FOR SAN FRANCISCO PC
WE EMBRACE THE IDEA OF THIS BILL
BUT FOR THE REASONS STATED HAVE
TO OPPOSE THE WAY IT WOULD BE
IMPLEMENTED.
A LOT OF EXPENSE OF WATER WITH
NO PLACE TO PUT IT AND THAT'S
GONNA AFFECT HOUSING
AFFORDABILITY THANK YOU.
GOOD AFTERNOON BATTLE ALSO ON
BEHALF OF WATER RE USE
CALIFORNIA WHERE THE STATE'S
WATER RECYCLERS -- WE ARE OPPOSE
UNLESS AMENDED -- RECOLLECT
RECOGNIZING WE ARE THE RESEARCH
WATER RECYCLERS AND WANT TO GET
THERE WE SUPPORT THE WATER
RECYCLED THERE'S LIKE A WATER
POLICY ADOPTED BY THE STATE
BOARD -- BUT THERE'S THIS IS NOT
THE WAY TO GET THERE WE LOOK
FORWARD TO WORKING WITH THE
AUTHOR THANK YOU NEXT WITNESS
PLEASE.
YOU ARE NOT THINKING DONNA HERE
FOR OF THE NORTH BAY WATER USE
THAT THIRTY AND ALSO IRVINE
RANCH WATER DISTRICT OUR VIEW IS
GENERALLY LINED WITH THAT AS
EXPRESSED BY WATER USE OPPOSE
UNLESS AMENDED.
THANK YOU.
THAT AFTERNOON AT THREE MILLION
ON BEHALF OF MESA WATER DISTRICT
IN OPPOSITION THANK YOU THANK
YOU.
JENNIFER WILLIAMS WITH THE EAST
BAY MUNICIPAL UTILITY DISTRICT
RESPECTFULLY OPPOSE UNLESS AMEND
THEN.
I'M ANGRY APPRECIATE THE GOAL OF
THE BELT BELIEVE IT WITH
MANDATES IS PRETTY MUCH ARGUE.
GOOD AFTERNOON THERE TELL HIM
HAPPILY CALIFORNIA CITIES WOULD
LIKE TO ALIGN OUR COMMENTS OF
KASSON AQUA THANKS VERY MUCH
THANK YOU VERY MUCH.
MARGOT PARKS MAP FOR THE WESTERN
STATES PETROLEUM ASSOCIATION OUR
MEMBERS ARE HOLDERS OF NPDES
PERMITS -- AND HAVE THE SAME
LOGISTICAL CHALLENGES SCRIBE
THINKING THANK YOU.
AND TOTAL FOR WITH THE SANTA
CLARA VALLEY WATER DISTRICT
OPPOSE UNLESS AMENDED WE'VE
TALKED AUTHORS OFFICE WE AGREE
WITH THE INTENT OF THE BILL AND
LOOK FORWARD.
TO A LOOKING TO LOCAL
COOPERATION THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION.
BRING IT BACK TO THE DYESS.
ALRIGHT WELL I HAVE A A COUPLE
COMMENTS I THINK THAT -- CLEARLY
FINDING WAYS TO RECYCLE WATERS
IMPERATIVE TO THE STATE AND I'VE
ALWAYS.
BEEN SOMEONE AGHAST AT WATCHING
DURING.
RAINSTORMS LAWSUIT THE SO CALLED
LOS ANGELES RIVER.
WERE HUNDREDS OF THOUSANDS OF
GALLONS GO RIGHT OUT TO THE
OCEAN.
IN A IN AREA THAT'S A SEMI ARID
DESERT SO.
I'VE NEVER QUITE UNDERSTOOD THAT
I I ASSUME THAT THE PART OF THE
EFFORT HERE IS TO TRY TO ADDRESS.
AND CAPTURE SOME OF THIS WATER
THAT OTHERWISE -- BECOMES
QUESTIONABLE SURFING.
OF WAVES FOR PEOPLE WHO MIGHT
LIKE THE HEIGHT OF THE WAGE BUT
GOD ONLY KNOWS WHAT'S IN THE
WATER THAT THEY PROBABLY
WOULDN'T WANT TO KNOW ABOUT --
SO -- THE QUESTION REALLY IS
WHAT'S THE BEST POLICY TO
ACHIEVE THIS GOAL AND I THINK
THAT'S BEEN THE DISCUSSION AND
THE SUGGESTIONS THAT THE AUTHORS
MADE HIMSELF AND I LOOK FORWARD --
TO SEEING HOW THIS EVOLVES --
BUT I AM CONCERNED THAT THE BILL
A COULD PENALIZE LOCAL
JURISDICTIONS THAT HAVE MADE
SIGNIFICANT INVESTMENTS -- IT
ENOUGH.
THE EFFORT TO WATER A TO RECYCLE
AND USE EFFICIENT -- WATER
EFFICIENT -- USAGES ARE AS A
PRIORITY SO -- IT'S MY HOPE THAT
IS THIS BILL AS THE NEGOTIATIONS
CONTINUE -- THAT YOU'RE MOVING I
THINK IT MOVES IN THE RIGHT
DIRECTION I THINK THERE HAS TO
BE A GREATER FLEXIBILITY HERE
WORKING WITH THOSE WHO -- HAVE --
PURSUED WHAT WERE I UNDERSTAND
TO BE LEGITIMATE AND ACCEPTED
APPROACHES BUT NOW.
THERE'S CONCERN THAT THEY MAY
NOT BE AND I DON'T THINK THAT'S
WHAT YOU INTEND IN THE BILL SO --
I'M HOPING THAT -- IT THE TRUE
WILL -- TAKE INTO ACCOUNT.
OF THE DIFFERENT CONCERNS THAT
HAVE BEEN EXPRESSED HERE AND I'D
LIKE TO RESERVE THE RIGHT TO
PULL THE BILL BACK IF.
IF -- IF IT WOULD BE OUR UNFAIR
TO FIND YOU KNOW IF WE FIND
WATER AND SANITATION AGENCIES
FOR NOT BEING ABLE TO MEET WHAT
BECOMES AN IMPOSSIBLE STANDARD.
I KNOW THAT ISN'T WHAT YOU
INTEND BUT I WOULD LIKE.
TO BE ABLE TO CONTINUE TO
MONITOR THIS SO WE CAN ADDRESS I
THINK SOME OF THE LEGITIMATE
CONCERNS AT THE SAME TIME I
UNDERSTAND WHAT YOU'RE.
WORKING TOWARD IN TRYING TO MAKE
SURE NICE ADDRESS SPECIFICALLY
BECAUSE WE SPENT A YEAR AND A
HALF ON PRECISELY THAT ISSUE
WITH RESPECT WATER CONSERVATION
WITH ASSEMBLY MEMBER FRIEDMAN ON
THE TWO BILLS THAT WE DID LAST
YEAR.
WE BASICALLY -- CODIFYING WITH
THE GOVERNOR DID HIS EXECUTIVE
ORDER WITH RESPECT TO
CONSERVATION IS A WAY OF LIFE.
AND THE BIGGEST ISSUE WITH --
DEBATED A THAT WAS WHETHER OR
NOT WE GIVE CREDIT FOR RECYCLED
WATER WE ULTIMATELY CAME DOWN TO
GET 15% CREDIT FOR RECYCLED
WATER.
THE AGENCIES THAT IN FACT DID
THE RIGHT THING THAT WERE
ALREADY IN THE GAME FOR PURPOSES
OF CONSERVATION SO CLEARLY I
COMPLETELY AGREE WITH YOU AND
THAT WAS THE CORNERSTONE OF
THOSE.
BIG DEBATES AND WE LOST SOME
PEOPLE AT THIS TABLE IN THAT
DEBATE -- IN THAT DAY AND
SECONDLY YOU JUST THE POINT WITH
RESPECT TO THE DISCHARGE AND
BRIAN THE BILL SPECIFICALLY SAYS
IS TO FIND THE AVERAGE ANNUAL
WASTEWATER DISCHARGE BASELINE
VOLUME. TWO WHICH WAS REFERRED.
HE TALKS ABOUT VOLUME OF TREATED
WASTEWATER.
MEANING THAT YOU'VE TREATED IT
YOU ALREADY GOING TO THE EXPENSE
OF TREATING THIS STUFF IS GOING
TO THE FACILITIES IT'S MET
FEDERAL STANDARDS THAT WERE
TAKEN IT'S GOOD WATER AMBUSH.
ROLE IN THE OCEAN LET ALONE
DRIVE IN THE AND THAT THAT THE
YEAR THEORIES OF THE STORM WATER
THAT'S A BIGGER ISSUE WHICH I AM
KEENLY INTERESTED BECAUSE WE
JUST PASSED IS TO GET A TAX
MEASURE. TO PUT A BUNCH MORE
WATER IN THE OCEAN WHICH I
WASN'T VERY HAPPY ABOUT HAPPY TO
CLEAN IT UP BUT SURE GOING TO
YOUR SURFING ISSUE WOULD LIKE TO
CAPTURE IT.
AND WE CHARGE THE GROUNDWATER SO
I THINK THAT KIND OF IT BUT
YOU'RE I GET IT YOU'RE EXACTLY
RIGHT AND WE'RE REALLY ON IT
WE'VE BEEN WORKING WITH A LONG
TIME.
IT IS THE CRUX OF THE ISSUE.
AND IF I COULD JUST ASK THE
OPPONENTS GIVEN THAT THE THE
BILL ALREADY REACHED THAT A TALK
ABOUT THE BASELINE VOLUME OF
TREATED WASTEWATER.
A IS IT YOUR POSITION THAT THAT
STILL DOESN'T THE ADDRESS YOUR
CONCERN IT DOES NOT ADDRESS OUR
CONCERNS AND MOVING FORWARD WE
DO WE DO THINK THAT IT STILL
INCLUDES BRINE IT WOULD NEED TO
SEE THAT EXPRESSLY CLARIFIED IN
THE BILL BUT EVEN IF IT WERE I
THINK.
THERE ARE GENERALLY -- LARGER
CONCERNS WITH -- YOU KNOW SORT
OF HOW THE FREE MARKET IS PUT
TOGETHER ON THIS BILL AND WE'D
LIKE TO SEE IT MOVE AWAY FROM
THAT MANDATE MODEL -- IN ORDER
TO ADDRESS AT SOME OF OUR MORE
OUTSTANDING BIGGER PICTURE
CONCERNS.
IT ON THE ISSUE BRIAN WE HAVE
SUGGESTED SPECIFIC AMENDMENTS IS
THIS A A SO I WILL ASSUME
KNOWING SENATOR HERTZBERG WHO
LOVES THE ART OF THE DEAL THAT
THERE WILL BE MANY DISCUSSIONS
MORE AND WILL KIND.
TRY TO FIND SOME.
STATES SAYS HERE THAT THE
EQUILIBRIUM THAT WILL THAT WILL
WORK AND RESERVING THE RIGHT TO
BRING IT BACK IF THERE IS SOME
ISSUE UNDERSTANDING THAT WE
WATER IS.
IN A ALWAYS CONTENTIOUS THE
ISSUE SENATOR ALAN.
I MEAN I I THINK YOU KNOW THIS
IS ONE OF THESE BILLS THAT SETS
OUT AND AND THEM AMAZINGLY
IMPORTANT GOAL -- WHICH WE ALL
HAVE WE ALL WANT TO REDUCE OUR
YOU KNOW WE WE WANT WE WANT TO
PRESERVE CYCLE WATER THERE'S NO
QUESTION ABOUT IT.
I GUESS THE THING I I KEEP AT K.
WONDERING ABOUT GIVEN THE SIZE
AND SCOPE OF THIS BILL AS YOU
KNOW HOW MUCH ARE WE REALLY
THOUGHT THROUGH.
ALL THE IMPLICATIONS AND YOU
KNOW I'VE I'VE SEEN A NUMBER OF
THE LOGISTICAL ISSUES HAVE BEEN
RAISED BY THE BY THE OPPOSITION
ANOTHER ONE IS.
YOU KNOW THIS IS LIKELY.
ME WE'RE HERE WE ARE ON
JUDICIARY WE HEARD THIS BEFORE
AT THE Q. WE ALL TOGETHER SEE
ALL THE SECRET CASES ALL THE
SEQUEL BILLS.
I MEAN THIS HAS THE POTENTIAL OF
ENORMOUS SYKORA.
RELATED REVIEW IN LITIGATION AND
HAS THAT BEEN FACTORED INTO THE
CONVERSATION IN TERMS OF YOU
KNOW THIS THIS.
ENVIRONMENTAL GOAL I AND AND YET
THE THE AMOUNT OF POTENTIAL --
LITIGATION PROBLEM AND AND MONEY
THAT WILL HAVE TO BE SPENT BY
OUR WATER AGENCIES.
TO ADDRESS THE THE SECRET
LOCATIONS ASSOCIATE WITH THESE
ENORMOUS INFRASTRUCTURAL
PROJECTS TO GET TO WHERE WE WANT
TO GET.
AND SO I'D LOVE TO GET YOUR
THOUGHTS ON THAT IT'S MENTIONED
IN THE THE MINORITY ANALYSIS.
YEAH.
BUT BASICALLY ANY THE BROAD
TERMS COMPARED WE WORKERS IF YOU
RECALL SOME YEARS AGO WAS
REFERENCE I HAVE USED A BILL
MAKING IT ILLEGAL TO PUT WATER
IN THE OCEAN.
JUST TO GET THE WATER COMMITTEES
ATTENTION IN THIS ISSUE BUT
BASICALLY WE'RE TRYING TO
IMPLEMENT IS WITH THE STATE
WATER RESOURCES CONTROL BOARD'S
TWO THOUSAND NINETEEN RECYCLE
PLANS ARE.
SO I THINK WHAT YOU SEEN IN THIS
MEASURE ALTHOUGH THERE'S ALWAYS
WORK TO BE DONE AS STRESSED.
THAT WE REALLY ARE TRYING TO
FIGURE OUT HOW TO GET THIS THING
DONE YOU KNOW ALL I CAN TELL YOU
IS I'VE BEEN WORKING THE WATER
FIELD SINCE I WROTE MY
DISSERTATION IN COLLEGE ON WATER.
AND I IN EVERYONE OF THESE
MEASURES IS NEVER BEEN SUPPORTED
BY THE WATER COMMUNITY IT'S JUST
THE NATURE OF HOW IT WORKS
THERE'S ALWAYS AN ISSUE THERE'S
ALWAYS A PROBLEM IS ALWAYS A
LOCAL DISTRICT.
THAT'S NOT TO SAY THAT THEY'RE
WRONG IT'S JUST IT'S A IT'S A
WORLD WATER WORLD IS.
THE GERMANS FOR THE NATURAL
RESOURCES LEARNING THEIR ZONE
PROCLIVITIES IN ITS OWN
UNIQUENESS IS AND I'VE NEVER AT
THE THE CONSERVATION MEASURES
THAT WE PASSED TO VEHEMENTLY
OPPOSED BY AQUA.
SAME PEOPLE SAME GROUPS SAME
OPPONENTS SAME ARGUMENTS YOU
KNOW IN THE ONLY I WOULD SAY ON
TIE THIS INTO MY CLOSES YOU KNOW
I REMEMBER WHEN WE WERE TALKING
ABOUT A 20% RBS.
BUT WITH WITH BUT I MEAN WITH
RESPECT EVERYTHING YOU'RE SAYING
IT'S PAST STUFF THAT I MEAN I I
WANT I MEAN WHAT KIND OF I DON'T
DISAGREE THE I THINK WE HAVE TO
KEEP PUSHING I BELIEVE I'VE.
PUSH ALL THE TIME ON THESE KINDS
OF ISSUES -- BUT BUT JUST
BECAUSE THERE WAS OPPOSITION
THEIR PS WE WE HAD TO PUT IN
PLACE.
SOME PROTECTIONS AND AND SOME
PLAN TO MAKE SURE THAT THERE
WOULD BE A REASONABLE ROAD MAP
WE'RE TALKING ABOUT PUBLIC
AGENCIES HERE RIGHT THESE ARE
THE FOLKS THAT THE PUBLIC IN THE
TAXPAYERS -- HOLD ACCOUNTABLE
FOR PROVIDING IMPORTANT CLEAN
WATER SERVICES TO OUR
COMMUNITIES ARE STRUGGLING TO DO
SO THAT'S WHY WE HAVE THE WHOLE
DEBATE WITH.
A YEAR ON MINING SITTING TALKING
RIGHT NOW -- SO YOU KNOW HOWDO
WE I GUESS THE QUESTION IS WITH
WITH THIS SIX AT NOT DIE I
APPRECIATE THAT YOUR FRIEND A
PAST EFFORTS BUT WHAT IN THIS
BILL.
IS GOING TO HELP ADDRESS THE
ENORMOUS LOGISTICAL CHALLENGES --
ASSOCIATE WITH WHAT YOU'RE
CALLING FOR TWENTY YEAR TIME
FRAME BUILT IN TO GIVE US AN
OPPORTUNITY TO COURSE CORRECT
AND LEARN TO THE PROCESS.
BUT TO AT LEAST START WITH THE
FRAMEWORK OF WHAT OUR OBJECTIVE
IS AND THAT'S THE ONLY WAY YOU
CAN DO IT.
SO WE LITERALLY DON'T MEET OUR
TALK ABOUT FINAL TARGETS UNTIL.
TWENTY FORTY AND IN AND THAT TO
ME I THINK IS THE BEST AND MOST
REASONABLE ANSWER TO YOUR
QUESTION IF YOU ARE A 100%
CORRECT WE ARE GOING TO RUN INTO
ROADBLOCKS AND BUMPS IN THE ROAD.
AND HENCE WE WILL HAVE A FULL
TIME LEGISLATURE THAT WILL
CONTINUE TO WORK TO FIGURE OUT
THOSE IN THE PROCESS.
BUT THIS IS THE POINT IN THE
ROAD WHERE I THINK WE NEED TO
START GIVEN THAT WE'VE THIS IS
REALLY AN ITERATION WHEN YOU
LOOK AT WHAT WE'VE DONE AYE
CONSERVATION WHAT WE'RE DOING IN
EACH OF THE OTHER AREAS OF
PUBLIC POLICY. TO MAKE IT HAPPEN
AND AND YOU KNOW SO IN THIS AND
EVERY FIVE YEARS IS REPORTING A
PROGRESS THE LEGISLATURE SO WE
TRY TO BUILD IN THOSE MECHANISMS.
TO WHICH I THINK YOU'RE
SENSITIVE.
TO A CORRECTLY SO BY THE WAY.
VERY GOOD ANY OTHER QUESTIONS
SENATORS STERN.
MADAM CHAIR -- BRIEFLY I KNOW
BECAUSE WE HEARD THIS AND WATER
COMMITTEE IN SOME OF THESE
ISSUES ARE REYES I KNOW YOU SAID
YOU'RE GOING TO KEEP WORKING ON
HIM SO I JUST.
AND GIVE ME A SNEAK PREVIEW
WHERE YOU THINK YOU'RE HEADED
HERE AT MY RIGHT TO SAY YOU
DON'T THINK BRIAN AND THESE
CELLS ARE COVERED IN YOUR
DEFINITION OF TREATED WASTEWATER.
I DON'T KNOW NOT YOUR INTENT BUT
HEARING ALL AS A DAY ONE MORE
SUCH AS A BILL SPACES TREATED
FACILITIES.
I SUSPECT I'D SEEN THE LANGUAGE
BUT ENOUGH EXPERIENCE TO KNOW IS
THAT WHAT LANGUAGE THAT PEOPLE
WANT TO SAYS THIS DOES NOT APPLY
TO ME.
RIGHT YOU COULD SAY TREATED BUT
IF YOU IF YOU SAID THIS IS NOT A
BY THE BRINE THAT'S WHAT PEOPLE
WANT IN ORDER TO FEEL LIKE THEY
GOT BELT AND SUSPENDERS WHICH IS
WHAT'S HAPPENING IN THE PRIVACY
WORLD EVERYBODY WANTS TO SAY.
IT DOESN'T APPLY TO ME SO THAT'S
I'M GUESSING WHAT YOU'RE GONNA
SEE WITH RESPECT TO THESE FOLKS
BUT THIS SAYS REALLY CLEARLY IN
THE DEFINITION THREE TO WATER
THAT'S OUR OBJECTIVE OF WE NEED
TO MAKING FURTHER.
I THINK IT'S FAIR AND THEN THE
OTHER JUST.
IN TERMS OF WHERE YOU'RE HEADED
HERE HOW WAITED ARE YOU ARE ARE
YOU WAITED TO THE MANDATE
[inaudible]
YES.
YES YES IT'S GOT TO BE TOUGH YOU
GOTTA PUT TEETH IN THIS THING
IT'S TIME.
WE'VE BEEN TO THIS A LONG TIME
FOR A LOT OF YEARS THE TIME HAS
COME.
YES.
RIGHT ANY OTHER QUESTIONS SEEING
NONE OF THE SENATOR HURTS FOR
WOULD YOU LIKE TO CLOSE I THINK
YOU STAFF AND I BUT I THINK WE
GOT EXTRA EXPLAIN ISSUES THANK.
THANK YOU.
THERE'S A MOTION BY SENATOR Y.
KOWSKI THE MOTION IS DO PASS AS
AMENDED TO SENATE APPROPRIATIONS
WE UNDERSTANDING I'M GOOD I'M
GOING.
TO VOTE FOR THIS WITH THE
UNDERSTANDING THAT WE CAN PULL
IT BACK IF IF WE NEED TO TAKE
ANOTHER LOOK SO WITH THAT.
PLEASE CALL THE ROLL.
JACKSON HIGH JACKSON AYE FORGES
[inaudible]
ALLEN.
ALLEN I COVER EURO.
CABALLERO I JONES MONNING.
MONNING AYE STERN [inaudible]
AMERICAN.
WHITE HOUSE SKI HIGH BY CASKEY
AYE.
ALL RIGHT THE BILL HAS FIVE
BOATS WE WILL HOLD THE ROLE OPEN
THANK YOU SENATOR HERTZBERG.
AND WE WILL NOW MOVE TO A FILE
ITEM FOURTEEN SENATOR MORE LOCK
SB.
FOR THIRTY FIVE JUST WAIT A
SECOND FOR THE PEOPLE.
ALL RIGHT SENATOR MORE LIKE THE
FLOOR IS YOURS MADAM CHAIR AND
THANK YOU HONEST BEFORE NINETY
SIX AS WELL FOR PUTTING ON
CONSENT I APPRECIATED.
AND IT'S A GOOD TO BE BACK.
SURE IT IS.
COLLEAGUES IN JUNE OF TWENTY
SIXTEEN THE CALIFORNIA STATE
SUPREME COURT PUBLISHED ITS
RULING IN THE CASE OF PEOPLE
VERSUS SANCHEZ.
THE CASE CAME OUT OF MY COUNTY
SUPERIOR COURT WITH MY GOOD
FRIEND JUDGE STEPHEN BROBERG
PRESIDING -- FORMER MAYOR
ACTUALLY OF NEWPORT BEACH.
IT COMPLETELY CHANGED AN
ATTORNEY'S ABILITY TO PRESENT
HEARSAY EVIDENCE THROUGH EXPERT
TESTIMONY.
I TRIED TO ADDRESS -- THIS
CHANGE LAST YEAR WITH SB TWELVE
SEVENTY SIX BUT WE NEED MORE
TIME.
WHEN DID SOME WORK -- IN THE
BREAK AND HAD SOME FUN PUTTING.
THIS TOGETHER AS IT RELATESTO
DEALING WITH FAMILY LAW CASES.
FOR A PERIOD OF TIME DURING MY
COUNTY PRACTICE DAYS I SERVED AS
AN EXPERT WITNESS IN DIVORCE
CASES.
ASSISTING A SPOUSE IN AMERICA
THE SOLUTION THE OLD CLASSIC
FORENSIC ACCOUNTING WHERE I
WOULD REVIEW THEBOOKS AND
RECORDS.
OF A OF THE THE BUSINESS OWNER
AND TRY TO DETERMINE REVENUE
STREAMS OVERHEAD COSTS AND
VALUATIONS.
I WOULD TESTIFY IN COURT AND I
WOULD PROVIDE WRITTEN STATEMENTS
AND THIS IS JUST BASIC HEARSAY
EVIDENCE.
THE SANCHEZ CASE.
HAS STOPPED THE USE OF EXPERT
WITNESSES NOW THE ACTUAL
EVIDENCE NEEDS TO BE BROUGHT
INTO THE COURTROOM INCLUDING
BANK STATEMENTS AND RELATED
RECORDS. ONE RECENT CASE AN
ORANGE COUNTY ALONE REQUIRED ONE
HUNDRED THOUSAND PAGES OF
RECORDS TO COME INTO THE
COURTROOM.
COLLEAGUES THIS IS EXPENSIVE.
AND ON OCCASION IT'S RETALIATORY
BEHAVIOR WHAT MAKES IT MORE
FRUSTRATING IS THAT THERE IS NO
JURY IN A DIVORCE CASE.
PARTY'S APPEAR BEFORE JUDGE.
THE FEAR OF CONFUSING THE JURY
IS NOT APPLICABLE.
SB FOUR THREE FIVE EXEMPTS THE
SANCHEZ DECISION REQUIREMENTS
FROM FAMILY LAW PROCEEDINGS THIS
BILL SHOULD REDUCE DELAYS AND
COSTS.
NOT ALLOWING A EXPERT WITNESS
LIKE A PSYCHIATRIST MAKES
PRESENTING EVIDENCE ON MENTAL
ILLNESS CONCERNS OF ONE OF THE
SPOUSES EXTREMELY DIFFICULT.
PULLING IN THE COURT INDIVIDUALS
FAMILIAR WITH CHILDREN INVOLVED
IN A CUSTODY BATTLE.
CAN PUT A MAJOR IMPOSITION ON
SCHOOL EMPLOYEES AND OTHERS.
SB FOUR THREE FIVE ATTEMPTS TO
PROVIDE MORE FLEXIBILITY
REGARDING THE RULES OF EVIDENCE
FOR JUDGES WHO ARE BETTER ABLE
TO ASSESS THE RELIABILITY OF
TESTIMONY.
RELATED TO A CASE RESTORING THE
PRIOR STANDARD OF PROOF IN
FAMILY LAW COURTS WILL REMOVE A
LOGJAM THAT HAS ADDED TO THE
PAIN TURMOIL.
ANXIETY RESULTING FROM THE BROAD
APPLICATION OF THE SANCHEZ CASE.
I WANT TO THANK THE ASSOCIATION
OF CERTIFIED FAMILY LAW
SPECIALIST FOR THEIR ASSISTANCE
AND I HAVE MICHELLE BROWN AS
MIGHT WITNESS.
AFTERNOON TWO MINUTES PLEASE.
THANK YOU GOOD AFTERNOON SENATOR
MEMBERS OF THE SENATE JUDICIARY
COUNCIL I IN THE VICE PRESIDENT
OF THE ASSOCIATION OF CERTIFIED
FAMILY LAW SPECIALIST.
AND I'VE BEEN IN THE TRENCHES
PRACTICING FAMILY LAW FOR OVER
TWENTY YEARS.
NOW I WANT TO THANK THE SENATOR
BECAUSE HE SEEMS TO UNDERSTAND
THE FACT THAT FAMILY LIFE IS
DIFFERENT WE'RE NOT A CIVIL
CONTRACT DISPUTE WE'RE DEALING
WITH CHILDREN BECAUSE CITY AND
WHERE THEY'RE GOING TO LIVE.
AND SANCHEZ CONTRADICTS THE
PUBLIC POLICY OF THE STATE OF
CALIFORNIA WHICH IS TO PROMOTE
SETTLEMENT AMONG FAMILY LAW
CASES SANCHEZ HAS HAD THE
COMPLETE OPPOSITE.
AND IS THROWN FAMILY LAW CASES
INTO MASSIVE LITIGATION IS
EXPONENTIALLY INCREASED TRIALS
PREVIOUSLY WERE THE YOU HAVE A
COURT APPOINTED CHILD CUSTODY
EVALUATOR.
OUR COURT CHILD.
CUSTODY RECOMMENDING COUNSELOR I
WANT TO POINT OUT THAT THESE ARE
LEGISLATIVE MANDATED FAMILY CODE
SECTION THIRTY ONE ELEVEN
PROVIDES FOR THE CHILD CUSTODY
EVALUATOR FAMILY CODE SECTION
THIRTY ONE EIGHTY THREE PROVIDES
FOR THE COURT RECOMMENDED
CUSSING BECAUSE CITY ABOUT
BECAUSE CITY.
COUNSELING RECOMMENDED COUNSELOR.
IN THESE SITUATIONS THEY ARE
LEGISLATIVE MANDATED THAT THEY
CAN PROVIDE AN EVALUATION TO THE
COURT THESE.
INDEPENDENT CUSTODY EVALUATORS
TAUGHT THE CWS WORKERS
PEDIATRICIANS THERAPISTS THIRD
PARTY COLLATERAL CONTACTS POLICE
OFFICERS REVIEW ALL THE
INDEPENDENT DATA THE NAY PROVIDE
TO THE COURT AS THE COURTS
EXPERT.
A RECOMMENDATION FOR WHAT THE
BEST INTEREST OF THE CHILD
NGUYEN SANCHEZ'S COME OUT NOW IN
ORDER TO GET THAT REPORT INTO
EVIDENCE.
THE PROPONENT OF THAT REPORT HAS
TO PROVIDE A SUBPOENA TO
EVERYONE OF THESE.
PERSONS ARE TO GET THAT REPORT
INTO EVIDENCE HOW DOES THAT HER
CHILDREN WELL LADIES AND
GENTLEMEN THE REPORT THAT THE
PROPONENT THAT ONCE THE REPORT
TO COME INTO EVIDENCE.
IS USUALLY BECAUSE THE EVALUATOR
RECOMMENDS THAT THE CHILD SHOULD
BE PLACED WITH ONE PARENT THE
PARENT TO WHOM THE EVALUATOR
FELT IT WAS NOT IN THE BEST
INTEREST OF THE CHILD.
DOESN'T WANT THAT REPORT TO COME
INTO EVIDENCE JUMPS UP SAYS
OBJECTION SANCHEZ IN HERE WE ARE
TWO YEARS DOWN THE ROAD WITHOUT
ANY RESOLUTION FOR THAT CHILD.
I URGE YOUR AYE VOTE THANK YOU
VERY MUCH OTHER OTHER WITNESSES
IN SUPPORT.
OTHER WITNESSES IN OPPOSITION.
EACH STEP FORWARD. TWO MINUTES
EACH PLEASE GOOD MORNING MADAM
CHAIR AND MEMBERS OF THE
COMMITTEE MY NAME IS ANDY LEVON
BOMB AND I'M HERE ON BEHALF OF
THE JUDICIAL COUNCIL CALIFORNIA
AND RESPECTFUL OPPOSITION TO US
BEFORE.
THIRTY FIVE FIRST AND FOREMOST
THERE'S NO REASON TO TREAT
FAMILY LAW DIFFERENTLY FROM
OTHER CIVIL CASE TYPES IN TERMS
OF EVIDENTIARY STANDARDS.
EXCEPTIONALISM IN THE LAW
PARTICULARLY WHEN IT COMES TO
EVIDENTIARY LATITUDE IN HEARSAY
EXCEPTIONS IS A BLACK HOLE OF
MISCHIEF AND SIMPLY MAKES THE
WORK OF THE COURTS MORE
DIFFICULT.
THE AUTHOR CLAIMS THAT THE
UNDERLYING NEED FOR US BEFORE
THIRTY FIVE IS TO CREATE
EFFICIENCY IN THE FAMILY COURTS
AND TO SPEED THE PROCEEDINGS.
THERE'S NO REASON THAT FAMILY
COURT LITIGANT SHOULD EXPERIENCE
REDUCE SCRUTINY OF EVIDENCE FOR
THE SAKE OF GREATER SPEED IN
COURT.
SINCE MANY JUDICIAL OFFICERS
THROUGHOUT CALIFORNIA AND THEIR
CLERKS WORK IN A VARIETY OF CASE
TYPES.
CREATING A DISTINCTION AN
EVIDENTIARY STANDARDS OF THIS
MAGNITUDE IN ONE CASE TYPE
SHOULD BE SUPPORTED BY DATA
ABOUT COURTROOM INEFFICIENCIES.
PROBLEMATIC PROCEDURES TO
SUPPORT THE NEED FOR CHANGE
JUDICIAL AND STAFF TRAINING NEW
RULES OF COURT AND DIFFERENT
COURT PROCEDURES.
WELL OF FISSION SEE IS
IMPERATIVE SPEED IS NOT IT'S
EQUAL THE JOB OF THE CORD IS TO
FERRET OUT THE FACTS IN AS
EFFICIENT MANNER AS POSSIBLE.
PROVIDING AN ADVANTAGE TO ONE
PARTY BY ALLOWING THAT PARTY TO
PUSH THROUGH REPORTS IN
INFORMATION BENEFICIAL TO THAT
PARTY BY AVOIDING THE FAIR AND
TESTED RULES OF EVIDENCE IN HERE
SAY.
COULD SPEED THINGS UP BUT
WITHOUT A CORRESPONDING EVIDENT
AN EMPHASIS ON WHAT IS JUST.
AND BY BURDENING THE COURT WITH
INFORMATION THAT CANNOT BE
CHECKED OR VERIFIED.
THIS LIMITS THE ROLE OF FORTY IN
DISCRETION OF THE JUDGE.
THE VAST MAJORITY BETWEEN EIGHTY
FIVE AND 95% OF FAMILY LAW LET.
ARE UNREPRESENTED AND THAT MEANS
BOTH PARTIES ARE ON REPRESENTED
THE STATED NEED FOR HEARSAY
EXCEPTIONS IS EMBODIED IN THIS
BILL THEN IN NEWER TO THE
BENEFIT OF A FRACTION OF FAMILY
LAW LITIGANTS.
NAMELY THOSE WITH MEANS IT IS
THE AVAILABILITY OF RESOURCES
THEN THE ABILITY TO LITIGATE AT
ALL.
AND MORE STRATEGICALLY THE
FINANCIAL CAPACITY TO AUTHORIZE
REPORTS AND PUSH FOR THEIR
ADMISSION INTO EVIDENCE THAT
MAKES FAMILY COURT PROCEEDINGS
TAKE A LONG TIME.
NEXT WITNESS.
OUR DRIVER GONE WE HAVE FOR THE
CALIFORNIA JUDGES ASSOCIATION
AND FIRST I WANT TO SAY WE ALIGN
OURSELVES WITH THE JUDICIAL
COUNCIL AND ALL THE CONCERNS
THAT HAVE ALREADY BEEN RAISED.
AND WILL EMPHASIZE ON THAT CARD
NUMBER ONE CONCERN IS THAT
FAMILY LAW THAT AGAINST WILL BE
TREATED DIFFERENTLY THAN OTHER
LEAD AGAINST EVEN WITHIN THE
CIVIL SYSTEM OF WHICH FAMILY LAW
IS FOUND.
AND THE FAMILY LAW LITIGANTS ARE
ENTITLED TO THE SAME PROTECTIONS
AS OTHER LITIGANTS IN THE LAW.
AND AS ANY ALSO MENTION THE HIGH.
THE HIGH AMOUNT OF LITIGANTS
THAT ARE UNDER REPRESENTED IN
THIS AREA FURTHER SHOWS WHY
THESE EVIDENTIARY PROTECTIONS
ARE NECESSARY TO PROTECT THE
LEAD AGAINST.
AND WELL WE'RE WE'RE WILLING TO
WORK WITH THE AUTHOR AND SPONSOR
TO DISCUSS THEIR ISSUE BUT WE
FEEL THAT AS BEFORE THIRTY FIVE
IS TOO BROAD.
GIVEN THE THE PRIORITIES THAT
ARE AT STAKE ADDITIONAL CONCERNS
THAT WE'VE OUTLINED IN THE
LETTER DEAL THAT WERE ALSO
POINTED OUT IN THE ANALYSIS DEAL
WITH THE SHIFTING OF THE BURDEN.
THIS IS YOU KNOW AND WE ARE
UNFAMILIAR WITH ANY AREA OTHER
AREA AND THE LAW WHERE THE
BURDEN WOULD SHIFT TO THE
OPPONENT. TO PROVE THAT THE
EVIDENCE IS HEARSAY AND
THEREFORE UNRELIABLE -- ALSO
MANY OF THESE REPORTS ARE
PREPARED BY PRIVATE EXPERTS PAID
FOR BY ONE OF THE PARTIES SO.
IF THEY ARE PAID FOR THE REPORT
THEY'VE PAID FOR THE
REPRESENTATION AND THEN TO HAVE
THE UNREPRESENTED PARTY BE
FORCED TO GOING TO COURT AND
THEN AGAIN.
OPPOSE CERTAIN PARTS OF THE
REPORT AS HEARSAY WITHOUT
ACTUALLY HAVING THE INFORMATION
NECESSARY TO PROVE THAT.
AND SO SHIFTING THE BURDEN AND
THEN FINALLY -- THE REPORTS
ACCESSIBLE I KNOW I'VE NEVER
SEEN MY MEDICAL RECORD.
I KNOW THERE'S A LOT OF ISSUES
OUT THERE WITH WHETHER YOU KNOW
PEOPLE ARE ALLOWED TO SEE WHAT'S
IN IT THE FACT THAT THESE
REPORTS WOULD JUST BE ABLE TO
CON MAN WITHOUT SOMEBODY KNOWING
WHAT'S INCLUDED IN THE REPORT.
IN BEING ABLE TO CROSS EXAMINE
THAT PERSON WHO RELIED ON THAT
MEDICAL EXPERTS OPINION SO
RESPECTFUL OPPOSITION TO SB.
FOR THIRTY FIVE THANK YOU VERY
MUCH ARE THERE ANY OTHER
WITNESSES IN OPPOSITION KAREN
MEMBERS I'M ACTUALLY I'M HERE IN
SUPPORT I WAS JUST A LITTLE LATE --
I'LL HANDLE IT AND ON BEHALF OF
CHANGE FOR JUSTICE IN SUPPORT.
THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
SUPPORT.
WHAT ARE YOU IN SUPPORT ALL
RIGHT WITNESSES IN OPPOSITION?
THERE WASN'T A TRICK QUESTION
I'M SORRY.
ALL RIGHT WITNESSES IN OTHER
WITNESSES IN OPPOSITION.
HI MY NAME'S CALAHORRA I'M A
THIRD YEAR LAW STUDENT AT UC
BERKELEY AND A LOT QUICKER
FAMILY BOUNCE ABOUT PROJECT.
IN THEIR OPPOSED.
ARE VERY GOOD SO WE'RE CLEAR WHO
SUPPORT TO WHO'S SUPPOSED
[inaudible]
ALL RIGHT [inaudible]
OF ANY QUESTIONS FROM THE DíAS.
OF THE CENTER BORDERS.
THANK YOU MADAM CHAIR -- QUICK
QUESTION -- THEY'RE MORE LIKE --
THE BILL REQUIRES THE PROPONENT
OF THE HEARSAY EVIDENCE TO
PRODUCE THE WITNESS.
IT'S ON THE IS IS NOT LOUD
ENOUGH THERE ALSO BE CLOSER.
SAYS THAT THE THE BILL ALSO
REQUIRES THE PROPONENT OF THE
HEARSAY EVIDENCE TO PRODUCE THE
WITNESS FOR CROSS EXAMINATION.
UPON REQUEST IF THE COST TO THE
EXPERTS SUBSTANTIALLY RELIED
UPON INFORMATION THE HEARSAY
DECLARANT IN MAKING HIS OR HER
RECOMMENDATION.
CAN YOU HELP ME BETTER
UNDERSTAND.
HOW IS THIS TRANSFORMING?
THE THE REQUIREMENT -- TO
PRODUCE THE WITNESS FOR CROSS
EXAMINE EXAMINATION IT'S
DIFFERENT THAN WHAT WE HAVE
RIGHT NOW.
YEAH I DEFER TO MY LEGAL COUNSEL
OF SURE.
YES SO THEY'RE ALWAYS IS THERE'S
BEEN A BIT OF A MISNOMER THERE'S
ALWAYS THE RIGHT AND UNDER THIS
PROPOSAL BILL THERE'S A RIGHT TO
CROSS EXAMINATION.
RIGHT NOW AS I WAS STATING
PREVIOUSLY IF YOU HAVE A CUSTODY
EVALUATION REPORT AND THERE'S
THIRTY COLLATERAL CONTACTS ONE
PERSON JUMPS UP AND SAYS I
OBJECT TO THE REPORTS SANCHEZ.
YOU HAVE TO BRING IN ALL THIRTY
OF THOSE PEOPLE TO TRY TO GET
THAT REPORT INTO EVIDENCE WHERE
THIS IS SAYING IS THAT THERE IS
SOMEBODY TO WHOM THE CUSTODY
EVALUATOR.
SUBSTANTIALLY RELIED UPON IN
MAKING HIS OR HER
RECOMMENDATIONS TO THE COURT.
THEN THE PROPONENT OF THAT
REPORT HAS THE BURDEN TO PRODUCE
THAT WITNESS FOR CROSS
EXAMINATION IF THE OTHER PARENT
SAYS LOOK I WANT TO CROSS
EXAMINE.
THE SCHOOL TEACHER WHO THE
CAUSATIVE AYE WHERE SUBSTANTIAL
RELIED UPON THAN THE PROPONENT
OF THAT REPORT HAS THE BURDEN OF
PROOF TO PRODUCE THAT SCHOOL
TEACHER.
SO THAT THEY OTHER PARENT HAS
THE RIGHT TO CROSS EXAMINE IT
THAT WAS.
SOMETHING WE DISCUSSED LAST YEAR
WITH SB TWELVE SEVEN SIX TO
ALLEVIATE SOME OF THE CONCERNS
THAT THE JUDGES HAD WITH REGARDS
TO CROSS EXAMINATION.
BUT THE PROPONENT OF THE REPORT
IT DOESN'T HAVE TO PRODUCE.
ALL THIRTY WITNESSES TO GET THE
REPORT IN THE EVENT IF THIS WERE
A NON FAMILY LAW SCENARIO WOULD
ALL THIRTY HAVE TO BE PRODUCED
[inaudible]
I DON'T REALLY WANT TO ANSWER
THAT QUESTION BECAUSE I HAVE
PRACTICE EXCLUSIVELY IN FAMILY
LAW FOR A VERY LONG TIME THE
ANSWER'S YES -- YOU KNOW THE ONE
THING THAT I ALSO WANTED TO
RESPOND IN THAT REGARD IS.
I WILL TELL YOU SANCHEZ HAS
GREATLY HURT THE LOWER INCOME
PARENT AND THE LOWER INCOME
SPOUSE ON THE SELF REPRESENTED
PERSON IT IS ADVANTAGE IN THE
HIGHER INCOME SPOUSE AND THE
HIGHER INCOME PARENT.
BECAUSE OF THAT PARENT OR SPOUSE
HAS THE ABILITY. TO JUMP UP AND
SAY OF JACKSON SANCHEZ THAT
REPORT IS AGAINST THEM AND SAY I
WANT A TWENTY DAY TRIAL AND NOT
LOWER INCOME SPOUSE TURNS TO
THEIR ATTORNEY.
THEIR ATTORNEY SAYS I NEED TWO
HUNDRED THOUSAND DOLLARS TO GO
TO A TWO TWENTY TO RESTING FOR
AN EXCEPTION HERE BECAUSE UNLIKE.
TRADITIONAL CIVIL ACTIONS
CONTRACTUAL ISSUES YOU'RE
DEALING WITH CUSTODY.
AND BECAUSE OF THAT THE VERY
NATURE OF WHAT IS AT STAKE IS
FUNDAMENTALLY DIFFERENT THAN A
DOLLAR AMOUNT THAT MIGHT BE IN A
CONTRACT DISPUTE.
YOUR HONOR PERCENT CORRECT.
THAT'S THESE ARE CHILDREN IS OUR
FAMILIES.
WE WILL WE HAVE WE HAVE ALL I I
ACTUALLY DID SOME FAMILY LAW TO
SO YOU'RE NOT THE ONLY ONE IN
THE ROOM WHOSE PRACTICE FAMILY
LAW.
AND AND PERHAPS SOME OF MY
COLLEAGUES WHO HAD THE
MISFORTUNE OF DOING IT AS WELL --
BUT THERE ARE A NUMBER OF
DIFFERENT PROVISIONS YOU CAN
STIPULATE TO HAVE A REPORT GOING
TO THE RECORD -- THERE ARE THERE
ARE TREMENDOUS PROTECTIONS THIS
IS AN ISSUE ABOUT HEARSAY.
HOW FAR YOU GONNA LET HERE SAY
IN AS THE BASIS UPON WHICH AN
EXPERT MAKES AN OPINION WITHOUT
ANY ABILITY TO VALIDATE THAT
HERE SAY?
THAT'S WHAT THERE ARE THIS BILL
LAST FOUR SOUGHT LET'S BE CLEAR
WITH THE BILL LAST.
FOR OUR IF -- IT WAS THE OTHER
QUESTION.
ANY NO I THINK I'LL COME BACK
PLEASE GO AHEAD.
ALL RIGHT -- ARE THERE ANY OTHER
QUESTIONS IDEA.
I FIND IT NOTABLE THAT THE
COURTS THE JUDGES ARE OPPOSED TO
THIS.
I FIND IT NOTABLE THE FLEX COM
IS IN SUPPORTING THIS BILL -- I
ALSO FIND IT NOTABLE THAT 85290%
OF LITIGANTS ARE SELF.
OF IS REPRESENTING THEY'RE NOT
GOING TO KNOW ABOUT THESE
DIFFERENT KINDS OF NUANCES AND I
WOULD SUSPECT.
THAT THIS IS -- TO TO TO PASS
THIS LEGISLATION WILL BE A
BOONDOGGLE FOR THOSE WHO ARE
ABLE TO CONTINUE.
THE PROCESS IN A OF PROVIDE FOR
ADDITIONAL HEARINGS TO BRING IN
THIS WITNESS OR OR NOT BRING IN
THAT WHEN THIS.
THERE'S THERE'S A REASON THAT
HEARSAY.
OF HAS CERTAIN LIMITATIONS TO IT.
AND WHAT THIS BILL IN MY OPINION
DOES HIS ATTEMPTS TO BASICALLY
BLOW THAT A PART.
OF AND ON THE BASIS THAT THIS IS
GOING TO BE MORE PROTECTIVE OF
CHILDREN WHICH I DON'T THINK IT
IS BECAUSE AGAIN YOU LET YOUR
ALLOWING.
SOMEONE TO MAKE ALLEGATIONS AND
STATEMENTS THAT HAVE.
THAT ARE HEARSAY I MEAN THAT ARE
OUT OF COURT STATEMENTS THAT ARE
BEING OFFERED FOR THE TRUTH OF
THE MATTER ASSERTED -- THAT FORM
THE BASIS FOR REPORTS FORM THE
BASIS PERHAPS FOR EVEN AN EXPERT
DECIDING WHAT PROPERTY IS
COMMUNITY PROPERTY AND WHAT
PROPERTY IS SEPARATE PROPERTY.
THESE ARE SO THEY'RE NOT
NECESSARILY CHILD BASED IF YOU
WILL THESE THESE OF FAMILY LAW
CASES WHERE A NUMBER OF ISSUES.
ARE. O BE DECIDED I JUST DON'T
UNDERSTAND WHY WE SHULD.
TAKE AWAY THE PROTECTIONS THAT
WE HAVE UNDER THE EVIDENCE CODE --
IN THIS CIRCUMSTANCE AND I WOULD
SUGGEST THAT THE FACT THAT WE
DON'T HAVE THE FAMILY LAW BAR
ITSELF COMING IN THAT WE HAVE
OBJECTION FROM THE COURTS.
AND JUDICIAL COUNCIL REALLY IS A
STRONG STATEMENT END -- THAT --
THAT THIS REALLY IS AN OVER
REACH AND I THINK.
VIOLATES IGNORE RULES OF
EVIDENCE SHOULD HAVE BEEN IN
PLACE FOR A LONG TIME AND FOR
GOOD REASON RIGHT SO -- MAYBE
CREATE AN EXAMPLE DOES TO FLESH
THIS OUT.
SO IMAGINE AN EXPERT WITNESS.
RELIES UPON THE SCHOOL
COUNSELORS.
A HEARSAY STATEMENT.
AND THAT THAT EXPERT WITNESS IS
FORMING AN OPINION IN A CUSTODY
MATTER.
YOU'RE SAYING THAT THAT THAT
EXPERT WITNESS SHOULD HAVE THE
ABILITY TO FORM THEIR EXPERT
OPINION UPON THE HEARSAY
STATEMENT OF THAT COUNSELOR. TO
REDUCE THE COSTS IN ALLOW THAT
IF IT'S USED AS UNDERLYING
JUSTIFICATION FOR THAT EXPERTS
OPINION. TO BRING THAT INTO THE
COURT SYSTEM.
AND WHAT YOU'RE SAYING IS THAT.
NORMAL HERE SAY WOULD REQUIRE
THAT THAT EXPERT WHAT THAT THAT
COUNSELOR BE BROUGHT IN TO
SUBSTANTIATE WHAT THEY SAID THAT
WAS THAT WAS HEARD BY THE EXPERT
WITNESS [inaudible]
IN.
AND THAT THERE WAS A LOT OF
INFORMATION.
SO YOU'RE YOU'RE ACCURATE IN
YOUR STATEMENT THAT THAT IS ONE
OF THE FACTORS THAT THE CUSTODY
EVALUATOR COULD DO WITH THAT IS.
THE CUSTODY EVALUATORS JOB AS A
COURT APPOINTED HAVE EXPERT
UNDER THE FAMILY CODE I THINK
THAT'S REALLY IMPORTANT IS THAT
FAMILY CALLED THIRTY ONE ELEVEN
IS A LEGISLATIVELY MANDATED CODE.
THAT AUTHORIZES THE APPOINTMENT
OF CHILD CUSTODY EVALUATORS TO
DO THIS EXACT THING AND TO
PROVIDE REPORTS TO THE COURT.
AND NOW WITH THE SANCHEZ THEY'RE
SAYING WELL WAIT A MINUTE THE
LEGISLATING FROM THE MANDATE A
CUSTODY EVALUATOR.
WHO IS SUPPOSED TO CONTACT ALL
THESE COLLATERAL RESOURCES FOR
THE COURT NOW HIS OR HER REPORT
CAN'T COME INTO EVIDENCE -- SO
YOUR STATEMENT IS CORRECT THAT
THAT WOULD BE IF IT WAS A SCHOOL
COUNSELOR THAT WOULD BE ONE OF
THE PERSONS THAT THE CUSTODY
EVALUATOR MAY TALK.
TO AND INFORMING HIS OR HER
OPINION TO THE COURT AS TO WHAT
THAT PERSON BELIEVES IS IN THE
BEST INTEREST FOR THE CHILD.
THAT AND IN PREVIOUS AS I STATED
IF THE OTHER PARENT BELIEVES
THAT THAT WAS SIGNIFICANTLY WITH
RIDE UPON THEY CAN TELL THE
OTHER PARENT YOU NEED TO PRODUCE.
THAT SCHOOL COUNSELOR FOR ME TO
CROSS EXAMINE IT.
IT DOESN'T STOP THE ABILITY TO
CROSS EXAMINE THAT WITNESS AT
ALL.
SO THE LAW THEY MEET MAYBE GIVEN
OTHER IF I EXCUSE ME IF I COULD
JUST SOLD CLARIFY THIS.
SO AN EXPERT IS ENTITLED TO MAKE
BASIC OF A TO FORM BASIC
OPINIONS AND TO ARTICULATE I
SPOKE TO SEVERAL DIFFERENT
PEOPLE BASED UPON THAT.
ARE MY GENERAL OPINION IS X. Y.
AND SEE THEY DO HAVE THE ABILITY
TO DO THAT.
BUT IF THEY'RE TAKING THE
OPINION OF ONE PERSON AS FACT.
AND I AM RELYING UPON THAT
DECISION AS FACT.
THERE IS THAT THERE IS.
THERE IS A HEARSAY OPINION THAT
IS BEING USED AS A BASIS UPON
IT'S NOT HYPOTHETICAL WE ARE
OFTEN TALKING HYPOTHETICALS
WHICH WERE ALLOWED.
USUALLY TO USE TO GET YOU KNOW
EXPERT THE CENTER CUBBY YEAR OLD
ASSUME THE FOLLOWING FACTS.
AND THEN YOU REGION OPINION BUT
TO SAY I KNOW THAT MISTER SMITH --
A HAD A CONVERSATION WITH THE
TRIAL TO SAID I HATE MY MOTHER.
AS SOON AS SO TAKE THAT IS A
FACT DO YOU THINK THAT CHILD
SHOULD HAVE TO LIVE WITH THE
MOTHER THAT'S AN EXAMPLE OF THE
KIND OF THING WHERE THIS WOULD
HAPPEN.
SO YOU TAKE THIS EXTRAORDINARY
HERE SAY.
IT BECOMES A BASIS FOR THE
OPINION THAT THAT IS PROVIDED TO
THE COURT IN FROM WHICH YOU'RE
ASKING THE COURT. TO MAKE A
FINDING THAT THAT CHILD SHOULD
LIVE WITH THE MOTHER.
IT WOULD STILL BE SUBJECT TO
CROSS EXAMINATION [inaudible]
THAT INDIVIDUAL [inaudible]
WELL.
THANK YOU YOU COULD ALWAYS BRING
THAT THE PERSON IN BUT AGAIN
PART OF THE PROBLEM IS NOW YOU
HAVE TO BRING THAT PERSON IN.
SO THAT IS -- THAT'S THE POINT
WHEN NO NO NO BUT BUT YOU'RE
WHAT YOU'RE DOING IS YOU ARE
TRYING TO USE.
HERE SAY AS FACT THAT'S THE
PROBLEM.
YOU'RE TRYING TO USE HERE SAY IS
FACT AND THERE'S A REASON THAT
WE HAVE HAD THESE HERE SAY LAWS
BECAUSE THEY ARE NOT FACT.
THEY ARE NOT IN AND OF
THEMSELVES UNLESS YOU YOU HAVE
THAT THAT HEARSAY EXCEPTION THAT
EXISTS BUT IT WHAT YOU'RE TRYING
TO WAS EXPAND THAT EXCEPTION
HERE AND I THINK THAT THAT'S WHY
THE COURTS ARE.
OPPOSED TO THE SHE CAN'T DO THIS
AND ANY OTHER CIVIL PROCEEDING.
AND THE THIRD AND THE COURTS
AGAIN INDICATE THEY WANT TO HAVE
THAT RELIABILITY -- SO THAT WE
CAN WE STILL HAVE THE RULES OF
EVIDENCE RATHER THAN SUSPENDING
THE RULES OF EVIDENCE THIRD
THIRD THERE DOESN'T SEEM I
HAVEN'T FOUND ANY GOOD REASON TO
SUSPEND THOSE RULES OF EVIDENCE.
IN THIS KIND OF PROCEEDING SMALL
CLAIMS COURT.
THE RULES OF EVIDENCE DON'T
EXIST.
THERE'S A COURT OF EQUITY NOT A
COURT OF LAW.
ARE YOU TRYING TO ALMOST
TRANSFORM THE FAMILY.
ENVIRONMENT [inaudible]
INTO.
A HYBRID COURT OF EQUITY NOT
JUST COURT OF LAW.
NO IT'S A QUITE A LOT BUT I WILL
SAY THAT FAMILIES ACCORD EQUITY
IT ALWAYS HAS BEEN IT'S BUT IT'S
THERE THERE ISN'T THIS CASE
SPECIFIC HEARSAY ISN'T
NECESSARILY THE FAX ADMISSIBLE
IT IS THE REPORT THAT IS
ADMITTED INTO EVIDENCE I THINK
THAT'S A BIG DISTINCTION.
THE REPORT OF THE CUSTODY
EVALUATOR OR THE C. C. R. C.
THAT'S THE ON THE COURT SERVICES --
YOU KNOW -- RECOMMENDING
COUNSELORS THE REPORT IS
ADMITTED INTO EVIDENCE TO BE
CONSIDERED.
THE IT DOESN'T NECESSARILY MEAN
ALL OF THE INDIVIDUAL FACTS IT
IS THE FOR WHAT HAPPENS IN THE
AND INTO OVER ALMOST TWENTY FIVE
YEARS OF PRACTICE I HAVE NEVER
SEEN.
A CUSTODY EVALUATION THAT
RECOMMENDS A CUSTODY AND
VISITATION TO PARENTS BASED ON
ONE PERSON THESE REPORTS ARE
USUALLY ABOUT FIFTY TO SIXTY
PAGES LONG.
AND THEY'VE TAUGHT TO A NUMBER
OF DIFFERENT -- PEOPLE AND THE
AND AND AGAIN A WEEK WE HAVE A
RESPONSE PERHAPS FROM THOSE IN
OPPOSITION WERE SHAKING THEIR
HEADS IF YOU'D LIKE TO RESPOND
TO THAT [inaudible]
WELL ON AND THE LIMóN BOMB FOR
JUDICIAL COUNCIL I THINK
PROCEDURALLY ON THE ONE HAND
WE'VE.
STATED THAT THE VAST THE THE THE
PROPOSED.
LAW THE PROPOSED OF BILL WOULD
BENEFIT -- A PARTY THAT HAS
GREATER MEANS IN A FAMILY LAW
CASE.
AND AT THE SAME TIME WE'VE SAID
THAT THE VAST MAJORITY OF
LITIGANTS IN FAMILY LAW DON'T
HAVE ACCESS TO ANY OF THIS.
BUT TO PUT A FINER POINT ON IT.
IF ONE PARTY IS REPRESENTED IN
THE OTHER ISN'T TO ANNA REPORT
IS ADMISSIBLE UNDER THE TERMS OF
FOUR THIRTY FIVE THEN AND NOT
REPORT THEN IT IS CONSIDERED
VALID SO IT'S BASICALLY TAKING A
THIRD THIRD PARTY STATEMENTS AND
GIVING THEM THE IN PREMATURE OF
VALIDITY.
BY PUTTING THEM IN A REPORT THAT
DENNIS ADMISSIBLE AS HEARSAY
EVIDENCE.
BUT THE OTHER PARTY DOESN'T HAVE
THE ABILITY TO SUBMIT A REPORT
THEY HAVE TO BRING IN THEIR OWN
WITNESSES YOU HAVE A HUGE
STRUCTURAL IMBALANCE THAT I
THINK ALREADY EXISTS.
AND I DON'T THINK THE S. BEFORE
THIRTY FIVE ADDRESSES THAT
STRUCTURAL IMBALANCE AND FAX
MAKES MORE WORK FOR THE COURTS.
IN TRYING TO MAKE SURE THAT
THERE IS EQUITY AND THAT THERE
IS AN APPEARANCE THAT ALL
PARTIES AND ALL NEEDS ARE BEING
TAKEN CARE OF AND I WOULD LIKE
IN RESPONSE.
THE SUPREME COURT IS HAS ALSO
STATED THAT THE SAME JUDICIAL
RESOURCES AND SAFEGUARDS SHOULD
BE COMMITTED TO A FAMILY LAW
TRIAL AS ARE COMMITTED TO OTHER
CIVIL.
PROCEEDINGS SO.
OF APPRECIATE THAT THE SMALL
CLAIMS ISSUE BUT A FAMILY ARE
PROCEEDING IS IN FACT A COURT
PROCEEDING WERE THE SAME RULES.
OF EVIDENCE THE SAME RIGHTS OF
LITIGANTS APPLY AND THE COURTS
TO SHOULD APPLY AS THEY DO IN
OTHER CIVIL MATTERS SO.
IT WITHOUT ANY OTHER QUESTIONS
SENATOR MORE LACKEY IF YOU'D
LIKE TO CLOSE I WOULD LOVE TO
JUMP IN HERE THANK YOU MADAM GO
FOR IT.
I'M.
CENTER BURGESS -- A COUPLE GOES
THROUGH A DIVORCE AND THE THE
WIFE SAYS I WANT TO KNOW WHAT
THE VALUE OF HIS CORPORATIONS IS.
AND SO HIGHER FORENSIC
ACCOUNTANT THEY DO TEN YEARS OF
ANALYSIS.
AND AND AND THEY SAY WAIT A
SECOND WILL YOU SANCHEZ SO NOW
ALL OF A SUDDEN YOU'VE GOT.
IN ONE CASE HUNDRED THOUSAND
PAGES OF BANK STATEMENTS BROADEN
THE COURT CERTIFIED BY A A BANK
EMPLOYEE THAT THESE ARE THE
BONAFIDE STATEMENTS WHICH THEN.
SUPPORT WHAT THE RESEARCH WAS
THAT WAS DONE BY THE BY THE BY
FORENSIC ACCOUNTANTS SO YOU'VE
YOU'VE YOU'VE ADDED ALL THESE
COSTS I WOULD SAY THAT FENCE HAS
BEEN VERY EXPENSIVE.
THE FAMILY LAW AND IN IN SOME
CASES HAS ACTUALLY BEEN
ACRIMONIOUS IS LIKE I'M GONNA
STICK IT TO THE HUSBAND BECAUSE
I CAN.
FORCE HIM UNDER SANCHEZ TO
PROVIDE ALL KINDS OF DOCUMENTS
AND THAT WAS SORT OF THE GENESIS
OF A OF THIS BILL -- I'D FAMILY
LAW ATTORNEY COME IN SAID BOY
THIS IS JUST GETTING ABUSED SO I
APPRECIATE THE CHAIRMAN'S
COMMENT ABOUT HOW DIFFICULT
FAMILY LAW IS.
I GOT OUT OF IT AFTER AWHILE I
SERVED AS AN EXPERT WITNESS IN
IN DIVORCE CASES IN IT IS NOT A
PRETTY AREA TO WORK AND I I I
JUST BY AND HE SAID THIS IS NOT
WHERE I WANT.
TO FOCUS TIME WITH REGARDS TO
FLEX COM THEY WERE SUPPORTIVE
THEY WENT NEUTRAL IT'S MY
UNDERSTANDING.
AND NOT ALL JUDGES ARE OPPOSE
BECAUSE I WORK WITH JUDGES THIS
WHOLE FALL AND WINTER TO HAVE TO
TO PUT THIS BILL AT TOGETHER.
SO I I'M PAUL I'M HEARING OUT OF
THAT TESTIMONY FROM THE
OPPONENTS IS THERE'S NO REASON
TO TREAT FAMILY A LOT DIFFERENT
THAN ANY OTHER.
COURT ROOM AND I I'M MAKING THE
ARGUMENT THAT IT IS THAT WE HAVE
THE ABILITY TO MAKE FAMILY LAW --
COURTS OF MORE FAIR MORE
EFFICIENT AND LESS EXPENSIVE AND
THAT'S WHY I I RESPECTFULLY
REQUEST FOR AN AYE VOTE ON AS
BEFORE THIRTY FIVE WELL WE WE WE
OBVIOUSLY SEE THIS DIFFERENTLY
I'VE TALKED TO A NUMBER OF
JUDGES WHO CONSIDER THIS A
BOONDOGGLE FOR THE OF A
SPECIALIZED FAMILY.
LAW BAR BECAUSE IT ALLOWS FOR
MORE MORE HEARING SO WE'RE
SEEING IT DIFFERENTLY OBVIOUSLY --
I I THINK THAT THE CURRENT
EVIDENTIARY RULES SHOULD APPLY
ACROSS THE BOARD I THINK THE
PROTECTIVE OF EVERYBODY -- AND
SO -- WELL I APPRECIATE THE THE
TIME AND EFFORT YOU PUT INTO IT
I THINK THIS TAKES US IN THE
WRONG DIRECTION.
SO -- DO APPRECIATE ALWAYS
HAVING YOU IN OUR IN OUR HEARING
ROOM AND WITH THAT.
IS THERE A MOTION [inaudible]
ONLY MOTIONS THE BILL RIGHT
THERE IS A MOTION.
THE MOTION IS TO PASS A TO
SENATOR PROBES PLEASE CALL THE
ROLL.
JACKSON NO JACKSON NO BORDERS
[inaudible]
ALAN [inaudible]
CABALLERO [inaudible]
JONES [inaudible]
MORNING [inaudible]
STERN.
STERN NO I'M BURKE.
MY CAL SKI.
BY KELSEY NO.
ALL RIGHT THE THE VOTE IS ZERO
TWO THREE WILL LOVE.
BUT THE BILL ON CALL THANK YOU
VERY MUCH APPRECIATE YOUR
TESTIMONY MADAM CHAIR SHOULD TO
GAIN ENOUGH VOTES TO NOT PASS ME
I REQUEST A RECONSIDERATION.
CERTAINLY.
THANK YOU.
THANK YOU SENATOR.
THANK YOU FOLKS
.
ALL RIGHT WE HAVE A SENATOR TO
RISE SO HERE -- SENATOR YOU HAVE --
FILE ITEM [inaudible] SIX FILE
ITEM.
TWENTY AND THE FILE ITEM TWENTY
FIVE AND THIRTY SO LET'S START
WITH FILE ITEM.
TWENTY SB.
TWENTY NINE WAIT JUST A MINUTE
FOR THE ROOM TO GO TO THE CLERK.
THE MUSIC IS RUNNING
[inaudible]
YES [inaudible]
ALL RIGHTY [inaudible]
GOOD AFTERNOON.
SENATOR DRAWS TO A THIS IS FILE
ITEM TWENTY SB.
FIVE TWENTY NINE AND IF YOU'D
LIKE TO PROCEED WERE ASKING THAT
THERE BE TWO WITNESSES TWO
MINUTES EACH.
IN ROUTE IN SUPPORT AND THE SAME
IN OPPOSITION IF THERE IS SET SO.
AND THERE ARE A SERIES OF
AMENDMENTS WE'VE BEEN
NEGOTIATING A PLEASURE TO HAVE
THAT OPPORTUNITY TO WORK WITH
YOU ON THIS BILL AND I KNOW WE
HAVE.
A SERIES OF AMENDMENTS THAT
WE'VE BEEN WORKING ON I ASSUME
THAT YOU WILL BE.
ACCEPTING THOSE AS AUTHORS
AMENDMENTS YES VERY GOOD.
IF YOU'D LIKE TO PROCEED -- THAT --
THE AMENDMENTS AS DESCRIBED ON
PAGES ELEVEN THROUGH
[inaudible]
FOURTEEN I ACCEPT.
THANK SO -- JUST TO GIVE A
LITTLE BIT OF CONTEXT TO IT --
OUR FIRST I WANT TO THANK THE
COMMITTEE COUNSEL FOR HELPING TO
PREPARE A SUCH A COMPELLING
PICTURE.
IN THE ANALYSIS OF OF THE BILL
AND REALLY IT'S ABOUT THE
REALITY THAT RENTERS ARE FACING.
WHEN ALMOST -- FOR HOUSEHOLDS.
ARE EVICTED EVERY MINUTE IN THE
UNITED STATES -- THAT'S PART OF
THE MORAL SOCIAL AND ECONOMIC
CRISIS.
AND IT'S EVEN MORE DRAMATIC IN
CALIFORNIA HALF OF OUR
POPULATION ARE RENTERS 61% ARE
LOW INCOME. 81% SPEND OVER 30%
OF THEIR INCOME ON RENT -- YOU
KNOW THEY'RE RAISING FAMILIES --
THERE WAS A EDITORIAL IN THE LA
TIMES TODAY -- THAT SAID PEOPLE
CONTINUE TO FALL INTO
HOMELESSNESS OFTEN FOR THE FIRST
TIME.
BECAUSE OF A RENT HIKE A
LANDLORD DISPUTE OR ANY FICTION.
SO WITH MY BILL.
SB FIVE TWENTY NINE WE SEEK TO
STRENGTHEN THE TENANTS OF VOICES.
AND PROVIDE A SELF HELP
MECHANISM TO SETTLE DISPUTES.
IT WILL KEEP PEOPLE OUT OF COURT.
OF WERE A IT IS ESTIMATED JUSTIN
LA ALONE THERE ARE THIRTY
THOUSAND EVASION FILENE'S IN
COURT PER YEAR.
AN 85% OF THOSE TENANTS HAVE NO
LEGAL REPRESENTATION -- IT'S A
VERY COMPLICATED PROCESS FOR
THOSE WHO DON'T HAVE ATTORNEYS
IN CALIFORNIA HOUSING SHORTAGES
OF REACHED CRISIS LEVELS --
CREATING A SYSTEM THAT IS
INHERENTLY.
UNBALANCED AND OFTEN INEQUITABLE
FOR TENANTS.
OF SB TWENTY NINE EMPOWER IS
INDIVIDUALS TO ASSERT THEIR
LEGAL RIGHTS AS TENANTS WITHOUT
FEAR OF RETALIATION.
OF FOR EQUITABLE LIVING
STANDARDS AND TO PROTECT THE
SAFETY AND STABILITY.
OF THEIR FAMILIES WE'VE HEARD A
LOT RECENTLY ABOUT THE YOU KNOW
WHISTLE BLOWER PROTECTIONS AND
WOMEN SPEAKING OUT ON SEXUAL
HARASSMENT -- IT'S ABOUT TEN AN
ORGANIZER IS DIMINISHING THE
RISKS THAT THEY FACE AND PROVIDE
FOR THAT EQUITABLE SYSTEM SO --
IN SUMMARY AS WE TWENTY NINE
WOULD REQUIRE PROPERTY OWNER
EVICTING ATTENDANT.
OF WHO IS IN A TENANTS
ASSOCIATION -- CONSISTING OF
THREE UNITS -- OR MORE.
THEY HAVE BEEN STATE THEIR
REASON FOR EVICTION BECAUSE MUST
BE STATED IN WRITING AND BE THE
DOMINANT MOTIVE FOR THE
TERMINATION OR EVICTION.
THIS MEASURE ALSO ESTABLISHES A
RIGHT FOR TENANTS IN FIVE OR
MORE UNITS. TO ENGAGE IN A RENT
STRIKE OVER GRIEVANCES.
I WOULD PRECLUDE EVICTION FOR
NON PAYMENT OF RENT DURING THE
STRIKE.
A WRITTEN NOTICE OF THE RENT
STRIKE DETAILING THE TENDON
GRIEVANCES WILL BE PROVIDED
THIRTY DAYS IN ADVANCE AND THE
RENT STRIKES ARE A MAXIMUM OF
TWICE A YEAR.
INSEPARABLE FROM WHAT WE NOW IS
VERY COMMONLY SAY PRODUCTION
PRESERVATION AND PROTECTION.
OF THE RIGHTS OF TENANTS AND
CENTRAL TO THE ABILITY OF THESE
INDIVIDUALS TO JOIN AND ASSERT
THEIR RIGHTS.
IS A STRONG SYSTEM OF LAWS --
THAT MITIGATE THE RISK OF
RETALIATION -- COLLEAGUES TODAY
WE HAVE IMPACTED TENANT BETTY GO
BY THE ONE TESTIFYING IN SUPPORT
OF THE BILL AS WELL AS TEN AT
LAW EXPERTS DEAN PRESSED.
GOOD AFTERNOON -- TWO MINUTES
EACH IF YOU WOULD THANK YOU.
GOOD AFTERNOON MY NAME IS BETTY
GOT WELL DONE AND I WAS EVICTED
FORGAN NICE IN A TENS UNIT WITH
MY NEIGHBORS.
I WAS A RENTAL EVEN CONQUER FOR
ALMOST TWENTY YEARS UNTIL LAST
SEPTEMBER.
THAT'S WHEN THE MOST RECENT
PROPERTY MANAGER OF THE BUILDING.
WHERE I LIVE RETALIATED AGAINST
ME AND MY NEIGHBORS? THREE YEARS
AGO OUR APARTMENTS HAD MAJOR
ISSUES LED BED BUGS COCKROACHES
RATS BROKEN HEATERS MOLD.
AND MISSING SMOKE ALARMS.
WE WERE ALSO GIVEN THREE BIG
RATE INCREASES OVER THE PERIOD
OF SIX MONTHS.
WHEN WE ASK OUR PROPERTY MANAGER
TO FIX THE PROBLEMS HE SIMPLY
IGNORE US?
WE FINALLY HAD ENOUGH SO WE
ORGANIZE.
THAT'S WHEN WE START GETTING THE
REPAIRS WE ASK.
FOR WE REALIZE THE ORGANIZING IT
WAS THE POWER TO STAND BACK THE
STANDUP FIGHT BACK IN WHEN.
AND WITH THE HELP OF TENNIS
TOGETHER WERE OFFICIALLY FORMER
TENANTS UNION.
WE CALL OURSELVES LET'S DO THIS
YOU'LL NEVER SEE KNOWS THE LAW
CERVANTES YET THE REGION KNOWING
[inaudible]
HOWEVER.
THE EMPOWER WE FELT WAS SHORT
LIVED.
THIS PAST SEPTEMBER THE OWNER OF
THE BUILDING HIGHER AND YOU
MANAGEMENT PROPERTY.
OUR TENANTS UNION MEL THEN YOU
PUT MANAGER PROPERTY A LETTER
REQUESTING A MEETING BECAUSE WE
WANTED TO BARGAIN USES.
HE RESPONDED BY GIVE ME A SIXTY
DAY EVICTION NOTICE.
I BELIEVE THAT I WAS RETALIATED
AGAINST BECAUSE I STOOD UP FOR
MYSELF.
MY NEIGHBORS AND CONQUER
RESIDENTS LIVE IN FEAR.
MY VENTURE HAS BEEN A HARDSHIP
FOR ME AND MY TEN YEAR OLD
DAUGHTER SOFIA.
I LIVED IN THE HOME FOR SEVEN
YEARS WHETHER.
I'M A SINGLE MOTHER WEST WERE
TWO JOBS JUST TO PAY RENT.
ALL I WANTED TO GIVE MY DAUGHTER
WAS A SAFE AND STABLE HOME.
MY STORY IS NOT UNIQUE.
ALL ACROSS CALIFORNIA MILLIONS
OF RENTERS OF SIMILAR STORIES.
THAT'S WHY I'M HERE TODAY.
I SUPPORT SB FIVE TWENTY NINE
BECAUSE I BELIEVE THE TENNIS YOU
HAVE THE RIGHT TO ORGANIZE.
WITH THEIR NEIGHBORS.
IN WHICH YOU HAVE THE RIGHT TO
JOIN A UNION AT WORK IN A UNION
AT HOME.
THANK YOU THANK YOU VERY MUCH
NEXT WITNESS.
THANK YOU GOOD AFTERNOON THAT
YOU'RE JACKSON AND COMMITTEE
MEMBERS -- MY NAME'S DEAN
PRESTON -- POLICY ADVOCATE FOR
TENANTS TOGETHER CALIFORNIA
STATEWIDE ORGANIZATION FOR
RENTERS RIGHTS WERE COALITION OF
THIRTY TEN GROUPS -- ACROSS
CALIFORNIA AND WE'RE PROUD TO
SPONSOR THIS IMPORTANT BILL.
AMONG OTHER PROGRAMS TENANTS
TOGETHER RUNS A STATEWIDE
HOTLINE THAT PROVIDES FREE
COUNSELING. TO TENANTS -- ACROSS
CALIFORNIA AND THROUGH A HOTLY
WE'VE ASSISTED TWENTY THOUSAND
RENTER HOUSEHOLDS -- AND THE
TENANTS THAT WE SPEAK WITH ARE
TERRIFIED. TO ASSERT THEIR
RIGHTS FOR FEAR OF FACING
RETALIATORY RENT INCREASES OR
ADDICTIONS AND LOSING THEIR HOME --
IT TENANTS LIKE BETTY WHO YOU
JUST HEARD FROM A FACE THIS ON A
DAILY BASIS AND WE HEAR FROM
THEM ON A DAILY BASIS AND THE
EXISTING LAWS SIMPLY NOT
SUFFICIENT. TO PROTECT TENANTS
WHO ORGANIZED.
THIS IS WHY OUR MEMBER
ORGANIZATIONS ACROSS THE STATE
ASKED SENATOR DORADO TO AUTHORED
THIS BLL IN AN EFFORT TO
PROTECT TENANTS WHO JOIN WITH
THEIR NEIGHBORS TO SPEAK OUT.
AND AT SENATOR DRAW SO HAS
DESCRIBED SB FIVE TWENTY NINE
PROVIDES THAT ANY TENANT WHO
FORMS OR JOINS A TENANT
ASSOCIATION SHALL HAVE THE RIGHT
TO BE FREE FROM NO BECAUSE
ADVECTION NO BECAUSE EVICTIONS
ARE WHERE RETALIATORY EVICTIONS
HIDE.
THE BILL ALSO GIVES A RIGHT TO
ENGAGE IN A LIMITED RENT STRIKE
TO WITHHOLD RENT ON A SPECIFIED
TIME LINE WHILE NEGOTIATING WITH
A LANDLORD OVER GRIEVANCES.
MUCH AS WORKERS DESERVE A UNION
TO PREVENT ABUSE AND
EXPLOITATION ON THE JOB TENANTS
MUST HAVE A MEANINGFUL RIGHT TO
FORM A UNION IN THEIR HOMES.
AND WHEN THEY COME TOGETHER TO
FORM THAT TENANT ASSOCIATION TO
MAKE THEIR COLLECTIVE VOICES
HEARD THEY DESERVE BASIC
PROTECTIONS FROM UNFAIR
ADDICTIONS THIS BILL CAREFULLY
BALANCES THE INTERESTS OF
LANDLORDS AND TENANTS IT GIVES
TENANTS PROTECTION FROM UNFAIR
TREATMENT.
WITHOUT BURDENING LANDLORDS WERE
OPERATING IN GOOD FAITH WE URGE
YOU TO SUPPORT THIS IMPORTANT
BILL THANK YOU THANK YOU VERY
MUCH.
OTHER WITNESSES IN SUPPORT IF
YOU WHICH HAS COME FORWARD TO
THE MICROPHONE GIVE YOUR NAME
AND AFFILIATION AN INDICATOR.
SUPPORT FOR THE BILL.
MANAGER MEMBERS MICHAEL YOUNG
WITH WITH THE CALIFORNIA LABOR
FEDERATION HERE IN SUPPORT
[inaudible]
THANK YOU.
BRIAN B. SIN WITH THE NATIONAL
UNION OF HEALTH CARE WORKERS IN
SUPPORT.
THANK YOU.
A SEVENTY AYE WITH WORKING
PARTNERSHIPS USA AND SILICON
VALLEY RISING REPRESENTING ONE
HUNDRED AND ONE UNIONS IN SANTA
CLARA COUNTY IN STRONG SUPPORT.
THANK YOU.
I'M SURE MEMBERS AS OUR DEALS
AND WE HAVE THE STATE BUILDING
AND CONSTRUCTION TRADES COUNCIL
ALSO IN SUPPORT [inaudible]
THANK YOU.
NICK OF ITS KEY DEMOCRATIC
SOCIALISTS OF AMERICA STRONG
SUPPORT THANK YOU.
DABBING GARDENERS HOME FOR ALL
CALIFORNIA IN STRONG SUPPORT
THANK YOU.
CAROL FIVE ALLIANCE OF
CALIFORNIANS FOR COMMUNITY
EMPOWERMENT ACE ACTION WE
SUPPORT THANK YOU.
CHAD GOLEN NORTH BAY ORGANIZING
PROJECTS SANTA ROSA CALIFORNIA
STRONG SUPPORT THANK YOU.
LEGALLY YARBOROUGH OF FORMAL
ALUMNI AMERICORPS VISTA.
HAYES AND SAM CISCO HOUSING
RIGHTS ARE STRONGLY OPPOSED I
MEAN SUPPORT SORRY.
ALL RIGHT AREN'T QUITE CORRECTLY.
THIS SENIOR DISABILITY ACTION.
STRONGLY SUPPORT THANK YOU.
MICHELLE PARASITE WITH PUBLIC
ADVOCATES IN SUPPORT.
THANK YOU.
DEEP OF AHRMA SERVICES COULD
TENANTS UNION STRONGLY SUPPORT.
THANK YOU.
SUSAN MARCH HOUSING RIGHTS
COMMITTEE OF SAN FRANCISCO
STRONGLY STRONGLY SUPPORT.
THANK YOU.
HI ATTORNEY SEEK OUT LONG
FILIPINO ADVOCATES FOR JUSTICE
IN OAKLAND IN UNION CITY
STRONGLY SUPPORT THANK YOU.
THAT'S CORRECT WE DENNIS GAS WAY
FROM UNION CITY I'M A TENANT AND
I SUPPORT THE BILL THANK YOU
THANK YOU.
TRYING TO GUESS WITH CALIFORNIA
RURAL LEGAL ASSISTANCE
FOUNDATION IN SUPPORT THANK YOU.
ACTUALLY WARNER WITH LEADERSHIP
COUNCIL FOR JUSTICE AND
ACCOUNTABILITY BASED IN FRESNO
IN SUPPORT THANK YOU THANK YOU.
HI MY NAME IS MY NAME IS NOT A
SILLY AND COMFORT HER FRANCISCO
AND CIRCLES.
AND I'M HERE TO FOR SUPPORT AB
SB FIVE TWENTY FIVE THANK YOU.
OTHER WITNESSES IN SUPPORT
PLEASE STEP FORWARD.
SO VOLUME A VAGUELY SAN
FRANCISCO REPRESENTATIVES ARE
HUSSEIN YEP WE ARE LIFESAVING
ANY OF THE BANKING WE HAVE
BOUGHT AB DATABASE I GUESS
CONTROLS IN CLEANERS. FOR LOVE
PATAKI'S CRISIS.
GOOD AFTERNOON I'M GOING TO
INTERPRET -- SO MY NAME IS MARIO
LEAVE THAT I'M A TENDON IN SAN
FRANCISCO AND I SUPPORT SB. FIVE
TWENTY NIGHT TO PREVENT.
RETALIATION FROM PROPERTY OWNERS
THANK YOU.
AND I'M GONNA SPEAK FOR MYSELF.
MY NAME IS LAURA DESSA AND I'M
ATTENDINGCOUNSELOR IN OREGON
NICER IT WOULD CAUSE SAID WAS
THAT JUST BECAUSE AN RING
SUPPORTIVE SB FIVE TWENTY NINE
THANK YOU THANK YOU.
HELLO MY NAME IS GET RHYTHM.
BECAUSE I WAS A MEMBER AND
SUPPORT.
THANK YOU THANK YOU.
GOOD AFTERNOON ALEXANDER HARLEM
WITH THE WESTERN CENTER ON LAW
AND POVERTY AND SUPPORT.
THANK YOU.
HI GOOD AFTERNOON MY NAME IS LET
THESE YEAH I THINK I'M LEAD
ORGANIZED WITH CASA HOSTED JUST
BECAUSE AND I'M HERE IN SUPPORT
OF SB FIVE TWENTY NINE RIGHT TO
ORGANIZE BILL.
THANK YOU.
THE MY NAME IS JENNY CASSIDY I'M
A RENTER AND ALAMEDA AND PART OF
ALAMEDA WRENCHES COALITION AND A
SINGLE MOM IN STRONG SUPPORT.
THANK YOU.
HI MY NAME IS BECKY HARM WITH
ALSO WITH THAT JUST BECAUSE I
HAVE STRONG SUPPORT [inaudible]
THANK YOU.
I AM CHRIS DRAWS A FROM BECAUSE
IT IS IT JUST BECAUSE A STRONG
SUPPORTER THANK YOU.
THANK YOU.
GOOD AFTERNOON EVERYBODY MY NAME
IS A GOOD ONE SIR.
AND I AM AWARE AT US TEN AND AND
HOW THE UNITED ADVOCATE.
AND EYES AND TO TYPICALLY AND
LOVINGLY SUPPORT BY [inaudible]
TWENTY NINE THANK YOU.
LORRAINE PETTY OF SENIOR
DISABILITY ADVOCATE FROM SAN
FRANCISCO STRONGLY SUPPORT.
THANK YOU MY NAME IS OFTEN TâM
ELECTED A DELEGATE FOR THE DISK
BUT OF FOR THE CONVENTION AND I
AM FOR SB.
FIVE TWO NINE AND WE HAVE MANY
PEOPLE IN SANTA BARBARA VENTURA.
EMAIL AND CONTACT YOU CHAIR
GENTLEMEN THAT THE BETH JACKSON
AND THANK YOU SO MUCH
[inaudible]
THANK YOU.
HI NICOLE SUBRATA COMMUNITY
ORGANIZER WITH THE EAST BAY
LINES FOR A SUSTAINABLE ECONOMY
IN CONCORD AND STRONGLY IN
SUPPORT OF THE BILL.
THANK YOU.
JENNIFER MORALIS -- COMMUNITY
ORGANIZER IT'S MONEY MEN
IMPACTING CONCORD AND WE
STRONGLY SUPPORT [inaudible]
THANK YOU.
HI MY NAME SIR WE'D -- WITH
HOUSING RIGHTS COMMITTEE OF SAN
FRANCISCO I STRONGLY SUPPORT
THIS BILL.
THANK YOU.
HELLO JENNY GALARZA TENANTS SAN
FRANCISCO IN STRONG SUPPORT OF
THIS BILL THANK YOU THANK YOU.
MADAM CHAIR MAP BROUGHT WITH THE
TEAMSTERS AND UNITE HERE IN
SUPPORT THANK YOU.
THANK YOU.
GOOD AFTERNOON MY NAME IS SO LET
US ALONE ON A TENANT AM ALSO
VOLUNTEER HOUSE TO MY COMMITTEE
A GOOD IDEA.
YOU KNOW EVERYBODY IN I AS FOR A
FIGHT TWO NINE THINK THANK YOU.
HI AM LINE AVAILABLE ON A
VOLUNTEER THE HOUSING RIGHTS
COMMITTEE AS A LEADER ORGANIZER
AND I STRONGLY STRONGLY SUPPORT
SB. FIVE TWO NINE THANK YOU.
BRAD HEARN HOUSING RATES
COMMITTEE OF SAN FRANCISCO IN
CITY OF ALAMEDA TENANTS STRONG
SUPPORT FIVE TWO NINE THANK YOU
THANK YOU.
THANK YOU FOR THIS OPPORTUNITY
DAY MY NAME IS I MEAN RUBIO.
VOLUNTEERED TENANT RIGHTS
ORGANIZER NO ONE TO SAY THAT
THIS OPPORTUNITY WOULD GIVE AND
POWER MEANT AND PROTECTIONS FOR
TENANTS I STRONGLY SUPPORT THANK
YOU -- RUBBER COPELAND SECOND
ATTENDED JUNE STRONG SUPPORT
THIS BILL THANK YOU.
I LEASES ON THE WHILE ON HOUSING
RIGHTS COMEDIANS EVER CISCO I'M
A TEN AT MARTINEZ OF THIS
DISPLACEMENT CONCORD.
THANK YOU.
MAN HOW AS HIM SINCE CARE TEN
INSURANCE AND AND A VERY THOMAS
AND TENANTS.
ORGANIZATION [inaudible]
THANK YOU.
I'M PENNY SHOWN ARMAVIR TOSS
TENANTSIN SAN FRANCISCO.
AND WE DESERVE THE RIGHT TO BE
ABLE TO MEET AND CONFER WITH
SEAT.
MEDIATOR AND A LANDLORD IN ORDER
TO SETTLE BEFORE BEING EVICTED
I'M IN STRONG SUPPORT OF SB
MAKING.
FIVE TWO NINE THANK THANK YOU
MA'AM. FOR TANGO FLIPPING
ADVOCATES FOR JUSTICE IN A TEN
AND CLINTON SUPPORT.
THANK YOU.
SERRA SHERMAN'S A MERGER ACTOR
OF HOUSING RIGHTS COMMITTEE OF
SAN FRANCISCO WE STRONGLY
SUPPORT TENANTS HAVING SOME
BASIC RIGHTS TO BE ABLE TO
ORGANIZE THANK YOU SO MUCH.
THANK YOU.
HI SHANTI SAYING STAFF TENANTS
TOGETHER APPOINTED DELEGATE
ASSEMBLY THE EIGHTY SEVENTEEN
FOR THE CALIFORNIA DEMOCRATIC
PARTY CULTURE SAN FRANCISCO
DEMOCRATIC SOCIALISTS OF AMERICA
AND STEERING COMMITTEE YES
AFFORDABLE HOUSING BAY AREA.
ON BEHALF OF YES SIR FOR WILL
HOUSING BAY AREA AND THE SAN
FRANCISCO DEMOCRATIC SOCIALISTS
OF AMERICA HOUSING COMMITTEE AND
OBVIOUSLY TENANTS TOGETHER
PLEASE PLEASE LEASE SUPPORT
THIS.
THANK YOU.
GOOD AFTERNOON MY NAME IS
EDUARDO TAURUS WITH TENNIS
TOGETHER REPRESENTING SEVENTEEN
MILLION RENTERS IN CALIFORNIA I
STRONGLY SUPPORT SB FIVE TWENTY
NINE A UNION NETWORK AND A UNION
HOME.
THANK YOU.
HELLO GOOD AFTERNOON LOOK BAD --
LIKE TO GET DIRECTOR FOR TENNIS
TOGETHER WE VERY STRONGLY
SUPPORT THIS BILL.
THANK YOU VERY MUCH ARE THERE
ANY OTHER WITNESSES HERE IN
SUPPORT.
WITNESSES IN OPPOSITION IF YOU
TO STEP FORWARD AND IF WE COULD
[inaudible]
TO GIVE THEM.
AN OPPORTUNITY TO BE. TWO
WITNESSES PLEASE [inaudible]
GOOD AFTERNOON.
HI MY NAME IS DEBORAH CARLTON
WITH THE CALIFORNIA APARTMENT
ASSOCIATION WERE THE LARGEST
RENTAL HOUSING ASSOCIATION IN
THE COUNTRY -- FIRST OF ALL LET
ME SAY THAT TENANTS ALREADY HAVE
THE RIGHTS. TO CREATE A TENANTS
ASSOCIATION THEY HAVE THE RIGHT.
OF FREEDOM OF ASSOCIATION.
THIS BILL IS NOT REQUIRED FOR
THEM TO DO THAT.
WE HAVE ALREADY CREATED -- MANY
BILLS MANY LAWS THAT GIVE THEM
THE RIGHT TO WITHHOLD RENT AS
LONG AS THEY FOLLOW VERY
SPECIFIC PROCEDURES -- THERE IS
A RIGHT FOR THEM TO NOT BE
RETALIATED AGAINST THEY HAVE A
HUNDRED TWENTY EIGHT DAY HUNDRED
TO EIGHTY DAYS AFTER THE TIME.
THAT THEY MAKE A CLAIM.
THAT THEY ARE PROTECTED FROM ANY
TYPE OF RETALIATION.
WHAT'S ALSO INTERESTING IN THIS
BILL HOWEVER IT ALSO CREATES
RENT CONTROL [inaudible]
PROP.
TEN WAS REJECTED BY THE VOTERS
SO THIS BILL SAYS THAT ONE OF
THE GRIEVANCES.
IS ANY LANDLORD WHO INCREASES
THE RABBI MORTON CPI.
SO I WOULD SAY TO YOU THAT THE
VOTERS HAVE ALREADY SPOKEN ON
THAT AND TO INCLUDE AN AMENDMENT
IN HERE IT'S VERY INAPPROPRIATE.
SO FOR THOSE REASONS AND MANY
OTHERS WE ASK YOU TO VOTE NO
TODAY THANK YOU.
THANK YOU NEXT WITNESS IN
OPPOSITION.
OKAY -- THANK YOU MADAM CHAIR
MEMBERS OF THE COMMITTEE ON RYAN
KINGSTON I REPRESENT THREE
REGIONAL APARTMENT ASSOCIATIONS
UP AND DOWN THE STATE -- THE
APARTMENT ASSOCIATION SOUTHERN
CALIFORNIA CITIES.
ALL OF ORANGE COUNTY AND
RIVERSIDE AND THE EAST BAY --
APARTMENT ASSOCIATION.
WE TO JOIN THE OPPOSITION.
IN JUST A MATTER OF A LITTLE BIT
OF HISTORY IF I MAY WE HAVE
WORKED ON IN FACT SPECIFICALLY
WORKED ON A NUMBER OF KENNEDY
PROTECTION BILLS BECAUSE IT
BRINGS BALANCE -- THE END IF WE
FIND A PROBLEM LIKE THE
COMMITTEE CONSULTANT.
PROPERLY POINTS OUT LIKE ON
RETALIATORY EVICTION INSTEAD OF
APPROACHING IT THIS WAY WE FIX.
THE SYSTEMIC PROBLEMS AND NOT
SYSTEMIC PROBLEM IS SOLELY ON
RETALIATORY EVICTION JUST LIKE
THE COMMITTEE ANALYSIS POINTS
OUT. TWO ARE WE HAVE WORKED ON A
NUMBER AND SPONSORS SUCCESSFULLY
STRUCTURE NUMBER DISCRIMINATION
BILLS TO PROTECT.
TENANTS TO BRING BALANCE AGAIN
THIS IS NOT ADDRESSED IN THE
ANALYSIS.
THIRD ALL THE SLUM LORD LAWS
THAT EXISTS.
REALLY SPAWNER COME FROM THERE
THE GREEN DECISION AS NOTED IN
THE ANALYSIS.
BUT I WILL SAY TO YOU THAT THERE
IS ADEQUATE RECOURSE ADEQUATE
PROTECTION ANY IF NOT.
I'D LIKE IN THE LEGISLATURE.
TENDS TO PREFER. TO FIX WHAT THE
ISSUE REALLY IS NOT SOME
ANCILLARY ISSUE LIKE AS
ADDRESSED.
AND LET ME CLOSE BY SAYING THIS.
THIS BILL PERMITS INNUMERABLE --
HEADED ASSOCIATIONS CREATED
SITTING AT BASICALLY A KITCHEN
TABLE.
YOU DON'T NEED BY LAW AS YOU
DON'T NEED ARTICLES AND YOU CAN
SAY WE'RE GOING TO CREATE A
TENTATIVE ASSOCIATION.
FOR ONE SUPPOSED TO GRIEVANCE
WHATEVER.
THE ISSUE IS.
WHEN YOU RESOLVE THAT THEN YOU
CREATE ANOTHER ASSOCIATION AT
ANOTHER ASSOCIATION ALL BASED ON
DIFFERENT GRIEVANCES THAT ARE
PERCEIVED BY THE TENANT INSTEAD
OF RESOLVING IT?
GOING TO THE PROPERTY OWNER OR
MANAGER THIS CREATES A VERY
HOSTILE THANK YOU ENVIRONMENT
THANK YOU VERY MUCH.
ALL RIGHT -- ANY OTHER WITNESSES
IN OPPOSITION.
A GOOD AFTERNOON CHAIR JACKSON
MEMBERS -- CREAM GREASY ON
BEHALF OF THE CALIFORNIA
ASSOCIATION OF REALTORS IN
OPPOSITION THANK YOU.
AFTERNOON CHAIR MEMBERS KATE
BALLOT CAPITAL ADVOCACY ON
BEHALF THE CALIFORNIA RENTAL
HOUSING ASSOCIATION IN
OPPOSITION THANK THANK YOU.
I'M SURE MEMBERS STEVE CARLSON
FOR THE APARTMENT ASSOCIATION OF
GREATER LOS ANGELES IN THE SANTA
BARBARA RENTAL PROPERTY
ASSOCIATION OPPOSED THANK YOU.
MADAM CHAIR AT A REGULAR BEHALF
OF THE CALIFORNIA CHAMBER OF
COMMERCE IN OPPOSITION THANKS
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION ALL RIGHT SEEING AND
HEARING NONE WILL BRING IT BACK
TO THE DYESS ANY [inaudible]
QUESTIONS.
SIR BORDERS.
AND THAT FALL BY CENTER MONNING.
WANNA MAKE CERTAIN I UNDERSTAND
SOME OF THE PROTECTIONS -- THAT
EXIST ALREADY -- IN THE THIRD
DEFICIENCIES IN THOSE PROTECTION
SO -- IF YOU'RE THE LANDLORD AND
THE TENANT.
AND I DON'T LIKE -- THE LEAKY
FAUCET.
I IN I COME IN I COME TO YOU YOU
DON'T WANT TO FIX IT.
AND I COMPLAIN CAN YOU VICTORY.
NO IN FACT THE TENANT HAS A
RIGHT TO EVEN.
HAVE THAT FAUCET FIXED
THEMSELVES AND WITH ALL THE RENT
SO THEY JUST HAVE TO FOLLOW VERY
SPECIFIC NOTICE REQUIREMENTS WE
ALREADY HAVE THAT IN THE CIVIL
CODE.
THE CRITICS OF THEMSELVES THAT
THEY WANT TO IN WITH ALL THE
RENT SO THAT'S ALREADY ALLOWED
UNDER EXISTING STATUTES.
ARE IN OF I WANT TO ASSEMBLE
WITH.
THE FIVE TENETS ON MY FLOOR OR
EVEN THE ENTIRE COMPLEX.
INVOICE OUR COLLECTIVE
DISSATISFACTION WITH THE
MAINTENANCE OF THE COMMON
GROUNDS -- ARE WE DISALLOWED
FROM.
ASSEMBLING AN AND MAKING OUR
CASE FREEDOM OF ASSOCIATION YOU
CAN DO THAT TODAY IN FACT WE
ALSO ADDED.
ADDED PROTECTIONS IS THE YOU
HAVE THE RIGHT TO INVITE
SOMEBODY THE PROPERTY TO HELP
YOU THROUGH THAT PROCESS IF YOU
SO DESIRE WHAT THE LANDLORD
CAN'T PROHIBIT YOU FROM INVITING
SOMEBODY THE PROPERTY.
SUCH AS A MEDIATOR SOMEBODY TO
HELP YOU WITH THAT SO THAT'S
ALREADY INCLUDED IN EXISTING
STATUTES AND FOR SOME REASON YOU
JUST DON'T LIKE ME AS A TENANT
IN YOU WANT TO GET ME OUT -- YOU
COULD PROBABLY JUST KICK ME OUT
WITH THE THIRD DATE WINDOW OF
TIME CORRECT WE DON'T HAVE TO
LIST A SPECIFIC BECAUSE YOU'RE
CORRECT YOU COULD -- WITHIN A
THIRTY OR SIXTY DAY NOTICE
DEPENDING ON HOW LONG THE TENANT
HAD BEEN THERE YOU CAN.
ACTUALLY SERVE A TERMINATION
NOTICE HOWEVER I WOULD SAY IF
THE TENANT HAD LISTED A SPECIFIC
AGREEMENTS WITH YOU THERE ARE
PROTECTIONS FOR THAT TENANT
WITHIN A HUNDRED AND EIGHTY DAYS.
THAT WOULD BE PRESUMED TO BE
RETALIATORY SO I SO IF YOU WANT
IF YOU WANT TO KICK ME OUT AND I
DON'T WANT TO GO DO YOU HAVE TO
THEN.
GO THROUGH THE COURT PROCESS AND
SECURE A SHERIFF'S -- SERGEANT
OR SOMETHING SOMEONE IN LAW
ENFORCEMENT TO EVICT ME YOU HAVE
TO GO THROUGH A PROCESS
OBVIOUSLY THE OWNER DOESN'T IN
FACT WE ALSO CREATED FREE LEGAL
ADVICE IN THE COURT SYSTEMS.
TODAY SO TEN IS TO HAVE THE
ABILITY TO GET FREE LEGAL ADVICE.
I GUESS WHAT I'M WHAT I'M
GETTING AT IN IN IN THIS IS THAT
WE LIVE IN CALIFORNIA.
WHICH HAS VERY STRONG PRO TENANT
LAWS.
SHOULD THERE NOT A KNOCK AND NOT
GOING TO VOUCH FOR HELP PERFECT
THEY ARE.
BUT COMPARED TO OTHER PLACES IN
IN THE COUNTRY AND CERTAINLY
OTHER PLACES IN THE WORLD.
THERE ARE CONSIDERABLE LEGAL
PROTECTIONS LEGAL AVENUES
AVAILABLE TO TENANTS TO MAKE
CERTAIN THAT RIGHT SERVE OUR
VINDICATED.
I'M NOT GONNA SAY THAT THEY'RE
ALWAYS VINDICATED.
ABSOLUTELY NOT AND I'VE AND I
KNOW SOME PRETTY BAD IS
LANDLORDS.
WHERE I COME FROM AN FRESNO WE
HAD TO LITERALLY CREATE -- NEW
POLICIES TO DEAL WITH SLUMLORDS
SO THEY'RE OUT THERE I KNOW THAT.
BUT THE ISSUE IS NOT WHETHER NOT
THEIR BAD LANDLORDS OUT THERE
IT'S WHETHER NOT TENANT RIGHTS
ARE SO INFERIOR RIGHT NOW AS TO
REQUIRE A WHOLESALE.
CHANGE IN THE LAW FOR THE
UNIONIZATION.
OF OF OF THE TENANTS.
IN MY CONCERN IS AS WAS
DESCRIBED BEFORE IS THAT WHEN
YOU CREATE BARGAINING POWER.
AND EVERY CHANGE IN
CIRCUMSTANCES IN IN AESTHETICS
OR LIVING CONDITIONS IT'S GOING
TO REQUIRE A MEET AND CONFER
OBLIGATION WHICH IS REALLY WHERE
THIS IS GOING BUT ULTIMATELY
GOING. TO A COLLECTIVE
BARGAINING TO ACHIEVE RENT
REDUCTION.
IT'S A THIS IS I MEAN THIS IS
COMPLETELY.
CHANGING THE WHOLE NOTION OF
TENANT FAIRNESS INTO COMPLETELY
MODIFYING IT -- TO REDUCTION IN
RENT AND IN OUR SYSTEM I THAT'S
NOT THE WAY THE THAT'S NOT THE
WAY AMERICA WORKS.
I IN MY OPINION.
WHEN IT COMES -- TO THE ABILITY
TO BARGAIN AND NEGOTIATE -- THE
OTHER THING IS WHAT HAPPENS WHEN
YOU HAVE SECTION.
EIGHT IF YOU HAVE A UNION.
NOW ARE WE GOING TO BE IN A
SITUATION WHERE EVEN SECTION.
EIGHT IS GOING TO HAVE TO MEET
AND CONFER WITH THE ASSOCIATION
TO DETERMINE THE SUITABLE RENT
FOR A GIVEN COMPLEX.
THIS IS OPENING THE DOOR THAT I
BELIEVE IT IS GOING TO BE HIGHLY
PROBLEMATIC FOR THE ENTIRE
INDUSTRY WE TALK ABOUT HOUSING
IS A PROBLEM.
WAIT TILL THIS MATURES INTO ITS
FULLEST FORCE.
THANK YOU -- WOULD YOU LIKE TO
RESPOND. TO THAT OR WE'LL LET
YOU RESPOND AND THEN SENATOR
MONNING HAD A QUESTION OR TWO
THANK YOU AND OBVIOUSLY NUMBER
POINTS REYES THERE AND THANK YOU
FOR THE QUESTIONS AYE AYE BUT
JUST HE AND I JUST WANTED IN
PARTICULAR JUST THE FIRST POINT.
AROUND WHETHER RETALIATION IS
CURRENTLY ARE PROHIBITED IN
CALIFORNIA LAW ON IT YOU GIVE A
COUPLE EXAMPLES OF THINGS AND
AND I AGREE THAT IN THEORY --
RETALIATION BY LANDLORD AGAINST
A TENANT -- IS CURRENTLY ILLEGAL
IN CALIFORNIA -- THE PROBLEM IS
ONE OF PRACTICE SO IT CURRENTLY
CALIFORNIA LAW ALLOWS A LANDLORD
TO EVICT WITHOUT STATING ANY
REASON WHAT SO EVER FOR WHY THEY
ARE EVICTING SO AS A PRACTICAL
MATTER IN YOUR EXAMPLES.
IF I AS A TEN ATTORNEY IF A
TENANT COMES TO ME AND SAYS I AM
BEING EVICTED BECAUSE I'M DOING
AXE RIGHT AND I THINK IT'S
RETALIATORY NO I MEAN THE FEWEST
SENATORS INTHE STATE WILL BE
ABLE TO TAKE THAT CASE.
BECAUSE YOU CAN ONLY UP TO
CREATE YOUR TO DEFEND THAT IN
COURT.
RIGHT AGAINST AN EVICTION IS THE
ONLY WAY YOU CAN ASSERT THAT AND
SO WHAT THIS DOES.
IS ATION CHAIR RIGHT SO WHAT THE
WHAT THIS DOES IS IT REQUIRES
THAT LAMBERT TO STATE THE REASON
FOR EVICTION WHEN THEY'RE
EVICTING THAT TENANT ASSOCIATION
MEMBER DOESN'T RESTRICT THE
REASONS HE JUST SAYS THEY CAN'T
DO.
AN EVICTION WITHOUT STATING THE
REASON AND THAT'S ABSOLUTELY
ESSENTIAL TO PREVENT LANDLORDS
FROM ENGAGING A RETALIATORY
EVICTION THANK YOU.
ALL RIGHT SENATOR MONNING.
THANK YOU MADAM CHAIR.
I APPRECIATE THE CONVERSATION A
COUPLE OF QUESTIONS FOR THE
AUTHOR OR ME BEFORE YOUR WITNESS --
IN YOUR EXPERIENCE -- DOES A
SINGLE TENANT WHO MAY HAVE
COMPLAINTS ABOUT HABITABILITY --
ALWAYS KNOW THEIR LEGAL RIGHTS.
WELL THEY DON'T KNOW THEIR LEGAL
RIGHTS BUT WORSE IS THEY'RE
AFRAID. TO EVEN RAISE THE ISSUES
SO EVEN IF THEY KNOW OF THEIR
LEGAL RIGHTS WITHIN A YEAR OF
STEPPING FORWARD INDIVIDUALLY
THERE'S A FEAR OF POSSIBLE.
RETALIATION THAT.
TRANSLATES TO EVICTION LOSING
THEIR PLACE TO LIVE.
IN YOUR EXPERIENCE TO ALL
TENANTS.
THE MANAGERS OF PROPERTIES ALL
SPEAK THE SAME LANGUAGE AS THE
TENANTS.
THE YOU MIGHT BE ABLE TO GET
MORE PARTICULARS BUT LANGUAGES.
ALWAYS A BARRIER.
IN THE EXAMPLE OF THREE FORCE
TENANTS SITTING AROUND THE
KITCHEN TABLE IN [inaudible]
PROVIDING.
REINFORCEMENT TEACH OTHER A
REVIEW OF WHAT THEIR RIGHTS ARE
IN YOUR EXPERIENCE IS THAT --
RAISE THE POSSIBILITY OF BEING
ABLE TO ADVANCE A CONCERN --
GRIEVANCE WITH MORE CONFIDENCE
THAN AS AN INDIVIDUAL.
ABSOLUTELY IT IT ENABLES FOLKS
TO MOVE FORWARD AND STATE THEIR
CONCERNS -- WITHOUT BEING
TARGETED IN THE SAME WAY THEY
WOULD BE IF THEY WERE ACTING
ALONE.
AND THEN I WANT SHIP THERE SOME
PROVISIONS IN HERE.
THAT.
IF THE TENANT IS ASSERTING --
THAT A RATE IS BEING VIOLATED.
UNDER THIS LEGISLATION UNLESS
IT'S BEEN AMENDED I THINK THEY
HAVE TO IN THEIR COMMUNICATION
WITH THE LANDLORD.
HAVE A PHOTOCOPY OF THE
CASHIER'S CHECK TO COVER THE
RENT THAT'S BEING CONTESTED IS
THAT CORRECT.
EXACTLY IN THE PURPOSE OF THAT
IS TO DEMONSTRATE TO THE
LANDLORD THAT THEY'RE PREPARED
TO PAY THEIR RENT.
BUT THEY FIRST WANT TO ADDRESS.
THE ISSUE AT HAND IN WELL THAT
RENT BE REDUCED WILL IT BE WAVES
FOR THAT MONTH DEPENDING.
PERHAPS ON THE COST OF THE
NECESSARY REPAIR.
RIGHT THIS DOES NOT TRY TO DO
WHAT OTHER SOME OTHER PROVISIONS
THE LAW DO IN TERMS OF OF
DECIDING WHAT THE CORRECT
RENTERS SO IT IS SIMPLY A
WITHHOLDING DURING THE
NEGOTIATING PERIOD.
AND THEN THE RENT GETS TURNED
OVER TO LANDMARK IN I WOULD.
THANK A DEMONSTRATION OF GOOD
FAITH.
THAT.
THE TENANT IS WILLING TO DEFER.
TO AN OBJECTIVE ASSESSMENT FROM.
WAR.
THE ABILITY TO NEGOTIATE.
A RESOLUTION WITHOUT FEARING OF
FICTION DURING THE COURSE OF
THAT [inaudible]
NEGOTIATION.
RIGHT I MEAN.
THEY'RE THEY'RE GONNA PAY
THEY'RE PAYING THE RENT.
AND I GETTING OUT OF PAYING THE
RENT THEY'RE NOT USING THIS FOR
ANYTHING ELSE EXCEPT FOR A
SPECIFIC REASON THAT THEY HAVE.
TO GIVE NOTICE TO THE LANDLORD
THESE ARE THE ISSUES.
AND OVER THIRTY DAY PERIOD LET'S
RESOLVE THE ISSUES AND THAT'S
EXACTLY WHAT SHOULD HAPPEN.
BUT WHAT WE WANT TO DO IS
ELIMINATE THE FEAR.
OF RETALIATION ONE ELIMINATE THE
FEAR OF THE FICTION SO THAT
THERE'S SOME.
YOU KNOW EQUITY ON THE SIDE OF
THE TENANTS RIGHT NOW.
THEY COULD YOU KNOW IT'S NO GOOD%
NO BECAUSE EVICTIONS YOU CAN DO
IT FOR FOR ANY REASON.
UNLESS YOU GET A LANDLORD TO SAY
THE REASON I'M DIRECTING YOU IS
BECAUSE YOU ARE ORGANIZING YOUR
NEIGHBORS.
I DON'T USUALLY GET ALL THAT
BRING MORE PRECISION AND FOCUS
TO WHAT'S WHAT'S REALLY AT ISSUE.
IF I COULD MANAGERS TO FINAL
QUESTION TO THE OPPONENTS
REPRESENTATIVE.
I THINK YOU STATED THAT.
UNDER THE FIRST AMENDMENT
TENANTS ARE FREE TO ORGANIZE
RIGHT NOW.
ABSOLUTELY THREE OR FOUR OF THEM
CONSIDER ON THE KITCHEN TABLE
AND DISCUSS SHARED CONCERNS OF
BATHROOMS SEWER RODENTS OR
WHATEVER THE CONCERN MIGHT BE
HERE RIGHT.
SO IF THIS CODIFIES AN EXISTING
RIGHT IT DOESN'T REALLY CHANGE.
THE LAW DOES MUCH MORE THAN THAT
IF YOU LOOK AT WHAT THE
GRIEVANCES ARE.
ANY A GRIEVANCE INCLUDES A RENT
INCREASE.
A GRIEVANCE INCLUDES THE
INTERFERENCE WITH QUIET
ENJOYMENT.
SO QUITE ENJOYING IT COULD BE
THE NEIGHBORS THAT ARE MAKING A
FUSS OR HAVING PARTIES SO WHAT
I'M GONNA BIG THAT TENET BUT
THAT TEN IS PART OF THE TENANTS
ASSOCIATION.
NOW I CAN'T EVEN THEM AND YET
THEY'RE CREATING THE CAUSE OF
THE QUITE ENJOYMENT SO THE
CONFUSION HERE AND ADDED.
PROVISIONS TO STATE LAW IS NOT
JUST A TENANTS ASSOCIATION IT'S
SO MUCH MORE [inaudible]
BUT UNDER THE FIRST AMENDMENT.
THEY CURRENTLY HAVE THE RIGHT TO
BRING THAT CONCERN AGREEMENT
ABSOLUTELY WE'RE NOT OBJECTING
TO THAT THEY CAN DO THAT TODAY
THANK YOU THANK YOU MADAM CHAIR.
THANK YOU AND I WOULD ALSO LIKE
TO POINT OUT THAT THIS THE TO
EQUATE THIS WITH -- RENT CONTROL
IS INACCURATE BECAUSE THEY HAVE
TO PAY THE RENT IT'S JUST THAT
THIS GIVES THEM.
A CHANCE TO HAVE A NEGOTIATION
WITH THE LANDLORD.
AND WHILE WE MAY ARGUABLY AT
LEAST ON PAPER HAVE STRONG.
RIGHTS HERE IN CALIFORNIA FOR
TENANTS WE HAVE I THINK WE ALL
AGREE AMONG THE WORST.
CHALLENGES ASSOCIATED WITH.
FINDING A HOMES FOR PEOPLE AND
APARTMENTS AND PLAY AND DWELLING
PLACES AND THAT THE CAR SEAT
BECAUSE OF THE SUPPLY AND DEMAND.
A DISPARITY ARE SO SEVERE THAT
PARTICULARLY LOW INCOME FOLKS
ARE.
REALLY CHALLENGE TO BE ABLE TO
HAVE THE SECURITY OF A PLACE TO
LIVE AND I SUSPECT THAT'S PART
OF WHAT'S MOTIVATING THIS AS
WELL SO ON SENATOR STERN IF YOU
HAVE A QUESTION OR COMMENT.
THANK YOU MADAM CHAIR.
THANK YOU SENATOR I WAS OVER PUT
YOUR SHOULDER TO THE WHEEL HERE
AND TRY TO DEAL WITH.
THE HOUSING CRISIS IN IT WHERE
IT'S MOST ACUTE IS IN YOU KNOW
THE RENTER'S.
WORLD AND MOSTLY AMONG LOWER
INCOME FOLKS AND THOSE WHO DON'T
HAVE ACCESS TO ATTORNEYS AND SO
I I I SEE THE HUGE CHALLENGES
AND I FRANKLY THINK THIS.
THERE'S SOME CREATIVITY AND
NOVELTY TO THIS APPROACH SO I'M
STILL TRYING TO GET MY HEAD
AROUND IT ALL CAN YOU.
CAN YOU -- DRILL DOWN ON THIS.
IS A BACK DOOR RENT CONTROL ARE
NOT ISSUE THOUGH THIS NOTION OF
THE GREEK BUT THE GRIEVANCE
ABOUT RATE INCREASE.
OVERSEE PI AND IF IF THAT'S A
NEW KIND OF GRIEVANCE THAT WE'D
BE ADDING TO THE LAW IT LIKE
JUST.
MECHANICALLY HOW'D WORKERS I I
I'M I'M I'M.
INCREDIBLY SYMPATHETIC -- TO THE
TO THE CASE WHERE YOU KNOW
THERE'S SORT OF THE I NAY ISSUED
GRIEVANCE -- ABOUT SAY I MEAN TO
YOUR TO YOUR LEAD WITNESSES
POINT I WAS ACTUALLY CURIOUS
FROM YOUR LEAD WITNESS WHETHER
SHE PUT A GRIEVANCE FORWARD AND
THEN WAS RETALIATED AGAINST BUT
THERE SEEMS TO BE SOME LEGAL
RECOURSE THERE BUT JUST IN TERMS
OF GAP FEELING HERE -- HOW HOW
DO YOU HOW DO YOU VIEW THAT
ISSUE OF OF OF RENT CONTROL OR
NOT?
I MEAN I KNOW IT'S NOT
EXPLICITLY RECKON SHOW BUT THAT
THAT CPI ISSUE IS THAT IS THAT A
CRITICAL PIECE OF THIS BILL FOR
YOU.
WELL THERE IS.
THIS HAVE TO BE A IT'S LISTED AS
ONE OF THE REASONS.
RIGHT OF A GRIEVANCES THAT COULD
BE LISTED OUGHT TO THE LANDLORD
BY THE TENANTS SAYING.
WE WANT TO NEGOTIATE OVER THIS
SO.
RENT INCREASE COULD BE IT COULD
BE BECAUSE LAST MONTH THERE WAS
A HUNDRED DOLLAR RENT INCREASE
AND SO LIKE TO DO IT AGAIN A
COUPLE OF MONTHS LATER.
BECAUSE THEY WANT TO GET RID OF
THOSE.
ATTENDANCE AND AND BE ABLE TO
RENT IT OUT AT MUCH MUCH HIGHER
SO.
YES RENT INCREASES ONE ISSUE.
THAT COULD BE A REASON FOR A
GRIEVANCE A LONG LINE ALONG THE
LINES OF OTHER OF OTHER ISSUES
SO IT'S REALLY ABOUT IT'S NOT
CONTROLLING THE RENT.
IT'S SAYING.
WE WANT TO DISCUSS THIS WITH YOU
WE WANT TO BE FAIR WE WANT TO BE
REASONABLE -- ABOUT IT -- AND SO
THEY CAN DO THAT THEY WOULD HOLD
IT THE COULD WITHHOLD THE RENT
FOR THE MONTH BUT THEN.
THEY HAVE TO PROVE THAT THE
MONEY IS THERE THEY'RE PUTTING
IT UP FRONT THEY HAVE TO PUT UP
A COPY OF THE CASHIER'S CHECK.
TO SHOW THAT THEY'RE PAYING.
THEY HAVE TO GIVE THAT CHECK.
AFTER THIRTY DAYS THEY HAVE TO
GIVE THE CHECK SO THEY ACTUALLY
END UP PAYING.
THEY DON'T SKIP PAYING THE RENT
BUT THEY JUST TO GET THE
LANDLORDS ATTENTION.
AND TO HAVE SOME STRENGTH ON
THEIR SIDE VERSES.
I'M NOT GOING TO YOU KNOW I'M
NOT GONNA LISTEN TO YOU ALL I
DON'T HAVE TO LISTEN TO ALL I
DON'T HAVE TO GIVE YOU A CAUSE
FOR MY EBAY AUCTION.
I GUESS I I JUST SEE THAT THAT
PROVISION BEING USED.
EVERYWHERE IN THE STATE OF
CALIFORNIA I'VE HAD MY REJECT UP
THREE HUNDRED BUCKS A MONTH -- I
MEAN SO.
I YOU KNOW I EIGHT WHY WOULDN'T
ARE I MEAN I I LIVE IN APARTMENT
COMPLEX AT AND THERE'S THERE'S
LIKE IT'S A BIG. ONE THOUSAND
PEOPLE THERE -- BUT YOU DO YOU
ANTICIPATE THAT PROVISION BEING
EXERCISED VERY FREQUENTLY I KNOW
WE LIMITED NOW TO TWICE.
A YEAR YES SORRY YEAH IS THAT
RIGHT WITH THE IMMENSE.
BUT IN THIS IS GONNA BE.
OF ALL THE PROVISION OF ALL THE
GRIEVANCES THAT MAKE THIS KIND
OF RENT STRIKE ELIGIBLE.
THAT ONE SEEMS TO BE MEAN RENT
IS INCREASING AT AN ACROSS THE
BOARD SO AND WE WANT TO BE ABLE --
TO HAVE A FAIR RATE INCREASE BUT
THAT'S BETWEEN THE LANDLORD AND
THE TENANT.
THAT'S BETWEEN THEM RIGHT NOW
IT'S IT'S ONLY UP TO THE
LANDLORD TO DECIDE AS MUCH AS
THEY WANT.
TO THEY COULD DO IT -- AS HIGH
AS THEY WANT AND THAT'S THE END
OF THE STORY.
THIS AT LEAST GIVES A TENANTS
THE OPPORTUNITY. TO BE ABLE TO
DISCUSS THAT AND WHAT'S
SOMETHING THAT'S MORE FAIR SO
WHAT WHAT HAPPENS IF THERE'S AN
IMPASSE THAT WHAT HAPPENS IF THE
LANDLORD SAYS.
NO.
THAT IS A PRECIADO YOU SET ASIDE
THE MONEY LIKE THIS IS JUSTIFIED
BY THE MARKET AND WHAT IT IS IN
THE REGION AND IT'S NOT.
INTENDED TO KICK YOU OUT BUT
WHAT WHAT HAPPENS THEN.
I DON'T I'M NOT EVEN TRYING TO
BE LEADING HERE I'M JUST.
TRYING TO WHAT HAPPENS IS THEY
CAN DEMAND THE RENT YOU DON'T
THERE'S NOT ANY RECOURSE.
SO IT SO THEY DON'T THERE'S NO
THERE'S NO SORT OF THEY DON'T
HAVE TO REACH SOME RESOLUTION
LG'S THERE ARE FINDING IT HAS TO
BE MADE A FILM THE LANDLORD SORT
OF REASONABLY DECLINED THE THE
BASIS FOR THE RESULT THIS IS.
THIS IS REALLY.
A VERY SIMPLE WHITE TOUCH IT
BASICALLY SAYS THAT FOR THIRTY
DAYS [inaudible]
THE TENANT.
CAN WE CAN WITHHOLD THE RANT
ALTHOUGH HAVE A CASHIER'S CHECK
DEMONSTRATING.
THAT THEY ARE GOING TO PAY THE
RENT AT THE END OF THE THIRTY
DAYS BUT THE ATTEMPT THE EFFORT
IS.
TO GET THE ATTENTION OF THE
LANDLORDS TO DOWN WITH THE
LANDLORD AND TRY TO HAVE A
NEGOTIATION.
IF THAT FAILS THEY GOT TO PAY
THE RENT SO YOU CAN HAVE
LANDLORDS WHO BASICALLY SAY TO
THESE PEOPLE YOU KNOW GO POUND
SAND.
AND THEY CAN FOR SOME TO PAY THE
RENT SO THEY'RE THEY'RE AND LESS
I MISSING SOMETHING.
THERE AREN'T ANY THERE ARE THERE
ARE NO OTHER TEETH IN THIS.
TO TO DO IT EXACTLY CORRECT BUT
IT'S I THINK IT'S IMPORTANT TO
UNDERSTAND THE IMPACT OF THIS
BILL IS IT IS DEFENSIVE SO IN
YOUR SITUATION WHERE -- THE
TENANTS GET THE THREE HUNDRED
DOLLAR RENT INCREASE AND ARE
UPSET THE ASSOCIATION GOES
THROUGH THIS PROCESS TO
ESSENTIALLY DELAY -- THE RENT
PAYMENT TO DISCUSS WITHOUT THIS
BILL WHAT HAPPENS IS THE DAY
THAT RENT IS DUE.
WHEN THEY DON'T PAY AT BECAUSE
THEY'RE NEGOTIATE WITH THE LAND
OR THEY GET A THREE DAY?
NOTICE THEY HAVE NO DEFENSE AND
UNLAWFUL DETAINER ACTION IS
FILED AGAINST THEM THREE DAYS
LATER AND IN MOST CASES THEY
HAVE NO RIGHT TO COUNSEL AND
THEY'RE GOING TO LOSE THEIR HOME
WHEN THEY CALL OUR HOTLINE AND
SAY I DON'T LIKE THE RENT
INCREASE.
IF WE SAY WELL YOU KNOW DON'T
PAY IT DISCUSS WITH YOU WHAT WE
THAT WOULD BE RECKLESS OF US
BECAUSE THEY WILL LOSE THEIR
HOME.
THIS BILL DOESN'T ALLEVIATE AND
RELIEVE THEM OF THE OBLIGATION.
VISIT BUYS TIME TIME WHERE
THEY'RE NOT FACING AN EVICTION
LAWSUIT WHERE THEY CAN SIT DOWN
WITH OUR LANDERS FORCED TO SIT
DOWN WITH THEM.
BEFORE THEY HAVE TO TURN OVER
THAT RENT ALREADY LET LAST
QUESTION HERE PLEASE THANK YOU
AJIT JUST FROM YOUR PERSPECTIVE
THAT I MEAN IS THAT.
DO YOU THINK THAT'S AN ACCURATE
LEE STATEMENT OF HOW THE THE
BILL FUNCTIONS DO YOU DO YOU
AGREE WITH THAT INTERPRETATION
LEASE OF THE AMENDMENTS -- THAT
THAT THERE'S NO SORT OF PRE
DECIDED OUTCOME IN THAT. THIRTY
DAY THE WAY YOU VIEW THE TENETS
ALREADY BEEN GIVEN EITHER A
THIRTY OR SIXTY DAY NOTICE OF
THE RENT INCREASE THAT
NEGOTIATION COULD HAPPEN TODAY
BETWEEN THAT THIRTY IN SIXTY
DAYS BECAUSE THEY DON'T HAVE TO
PAY THAT INCREASED READ.
NOT DEFENDING THOSE RENT
INCREASES BUT THIRTY SIXTY DAYS
THEY'VE ALREADY BEEN GIVEN THAT
TIME TO TO DO THE NEGOTIATION IF
THAT'S WHAT THEY WANT TO DO BUT
BEYOND THAT THEN.
THIS BILL SAYS NOW WE'RE GONNA
HAVE MORE TIME TO NEGOTIATE.
I STILL DON'T THINK IT'S CLEAR
ON WHAT DO YOU DO IF THERE'S AN
IMPASSE.
THIS IS TENANTS TAKING THE LAW
INTO THEIR OWN HANDS.
SO ESPECIALLY WHEN IT COMES TO
OTHER THINGS NOT JUST INCLUDING
RENT INCREASES BUT OTHER THINGS
SUCH AS BUT AS IT TENANTS IT
INDICATED BED BUGS EXCEPT TO
RUSSIA -- WE HAVE LAWS ON THAT
SO.
WELL MADE AND AND PERHAPS WHAT
THEY'RE DOING IS THEY'RE
EXPRESSING THE FACT THAT THE THE
THE WARRANTY OF HABITABILITY IS
NOT BEING MET THEY WANT TO SIT
DOWN WITH THE LANDLORD AND HAVE
THAT CONVERSATION I THINK THAT'S
WHAT THE INTENT IS.
SO WITH THAT SENATOR THRUST
WOULD YOU LIKE TO CLOSE. TO USE
LET ME I'M I'M GONNA SUPPORT THE
BILL TODAY I KNOW I KNOW THIS IS
A BIG CHANGE IN LAW THOUGH SO I
I REALLY DO WANT TO SEE HOW THIS
INVOLVES BEFORE THE FLOOR BEFORE
COMMITTING TO YOU ALL THE WAY
THROUGH.
I'LL I'LL I'LL BE WITH YOU TODAY
BUT I DO WANT.
TO KICK THE TIRES A LITTLE
FURTHER AYE YEAH SO THANK YOU
FOR THAT SENATOR ALLEN BRIEFLY.
I WANT TO SEE MYSELF WITH CENTER
STERN'S COMMENTS I MEAN IT'S A
IT'S A ENORMOUS BILL -- HI I DO
THINK THERE'S SOME MERIT TO IT
BUT BUT I I PAID BY THE WAY WE
WE MOVE FORWARD DONE WITH SOME
CAUTION.
THANK YOU SENATOR DRAWS SO WOULD
YOU LIKE TO CLOSE YES I THINK
THAT.
UNLESS WE INCLUDE.
THIS KIND OF PROTECTION FOR
TENANTS. TO AVOID EVEN EVICTIONS.
THAT WE CAN GO ON AND TRY TO
BUILD ALL THE HOUSING IT'S GONNA
TAKE US FIVE TEN YEARS TO BUILD
ALL THE HOUSING WE NEED
PROTECTIONS FROM EVICTIONS NOW
IN A REASONABLE WAY SO I ASK FOR
YOUR AYE VOTE THANK YOU THANK
YOU.
ALL RIGHT THE MOTION IS SAID TO
PAY -- EXCUSE ME IS OUR MOTION.
MOVE BY SENATOR MONNING THE
MOTION IS TO PASS AS AMENDED THE
SENATE APPROPRIATIONS PLEASE
CALL THE ROLL.
JACKSON HI JACKSON I BORDERS.
BORDERS NO ALAN.
ALLEN I A COPY EURO.
CABALLERO I'D JONES MODDING.
MONEY AYE STERN STERN I AM BURKE
WHAT CAL SKI.
RIGHT THE THE BILL HAS FOUR FIVE
VOTES AND WILK -- PLACE IT ON
CALL THANK YOU SENATOR.
THANK YOU.
ALRIGHT SENATOR ALSO HAS A
COUPLE MORE ITEMS.
FILE ITEM A TWENTY FIVE SB.
SIX TWENTY TWO I WILL WAIT JUST
A SECOND FOR THOSE WHO WOULD
LIKE TO LEAVE TO BE ABLE TO
LEAVE
.
I CAN MORNING [inaudible]
THANK YOU [inaudible]
YEAH
.
THE SERGEANTS COULD HELP US
CLEAR THE ROOM THE THE SO THAT
WE CAN GET.
IT GOING AGAIN AND HAVE SOME
QUIET TO SO THAT WE CAN HEAR THE
WITNESSES
.
ABOUT THE MIDDLE.
YOU CAN GO FIRST WE CAN FIX THAT
WAY.
YES.
LIKE TWO WEEKS.
WE HAVE THE DOOR CLOSE PLEASE
AND IF WE COULD GET SOME --
ORDER PLACE.
WE STILL HAVE A LONG WAY TO GO
TO FINISH UP TODAY SO IF WE
COULD -- THIS IS FILE ITEM
TWENTY FIVE SB.
SIX TWENTY TWO CENTER DRAWS SO
THE FLOOR IS YOURSAND I'D LIKE
TO AGAIN REMIND PEOPLE THAT
WE'RE GOING TO HAVE TO WITNESSES
TWO MINUTES EACH OF WE COULD --
AND WE'LL GO FROM THERE.
THANK YOU MADAM CHAIR.
GOOD AFTERNOON MEMBERS AGAIN --
IN TWENTY ELEVEN I USE DEVELOP
THE OPERATIONS PERFORMANCE.
PERFORMANCE BASED NATIONAL
DETENTION STANDARDS AND THAT'S
WITH THE LAY OUT THE BASIC
HEALTH AND SAFETY STANDARDS
DETAINEES SHOULD RECEIVE WELL IN
CIVIL.
THE TENSION I JUST WANT TO
REALLY EMPHASIZE WE'RE TALKING
ABOUT CIVIL DETENTION NOT
CRIMINAL DETENTION.
THOSE STANDARDS WERE NOT
CODIFIED AND THEREFORE THEY ARE
NOT CURRENTLY ENFORCEABLE.
THERE HAVE BEEN MANY REPORTS OF
HUMAN RIGHTS ABUSES IN DETENTION
FACILITIES INCLUDING PHYSICAL
AND SEXUAL ABUSE.
OF LITTLE ACCESS TO LEGAL
COUNSEL OVER USE OF SOLITARY
CONFINEMENT AND EVEN DEATH.
OVER THE LAST YEAR THE ATTORNEY
GENERAL THE CALIFORNIA STATE
AUDITOR THE DISABILITY RIGHTS
CALIFORNIA HAVE RAISED ALARM
MEAN ISSUES AT IMMIGRATION
DETENTION FACILITIES IN
CALIFORNIA.
SINCE OUR TWO THOUSAND TEN ICE
REPORTED A TOTAL OF EIGHTY TO
DEATH.
IN ADULT IMMIGRATION CIVIL
DETENTION CENTERS IN CALIFORNIA
THERE BEEN THIRTEEN DEATHS IN
IMMIGRATION CIVIL DETENTION
CENTERS.
INDEPENDENT MEDICAL EXPERTS
FOUND TWENTY THREE CASES OF
INADEQUATE MEDICAL CARE THE
CONTRIBUTED TO THE FATALITY.
OF THE AUDITOR'S REPORT ON CITY
COUNTY CONTRACTS WITH ICE
CONCLUDES THAT LOCAL GOVERNMENTS
SHOULD IMPROVE THEIR OVERSIGHT
OF CIVIL DETENTION CONTRACTS. TO
ADDRESS COST OVERRUNS AND
SERIOUS HEALTH AND SAFETY
CONCERNS.
THE CITY'S PROVIDE LITTLE OR NO
OVERSIGHT OF THE PRIVATE
OPERATORS AND SIMPLY PASSED
FEDERAL PAYMENTS FROM ICE. TO
THE SUBCONTRACTORS.
EXAMPLE RECENT FEDERAL
INSPECTION OF ON THE LAN TOTE
DETENTION FACILITY REPORTED ONE
SUICIDE AND THREE SUICIDE
ATTEMPTS INADEQUATE DENTAL CARE
AND CURSORY MEDICAL ASSESSMENTS.
TRAGICALLY THE INCIDENTS OFTEN
GO UNADDRESSED AND VICTIMS HAVE
NO RECOURSE.
I A IN TWENTY SEVENTEEN THE
LEGISLATURE DIRECTED THE
ATTORNEY GENERAL TO REVIEW THE
FACILITIES AND PROVIDE GREATER
TRANSPARENCY ABOUT THE
CONDITIONS F CONFINEMENT.
A DISABILITY RIGHTS CALIFORNIA
INVESTIGATION AGAIN REVEALED
THAT WHEN CONDITIONS IN THE
DETENTION FACILITY FALL BELOW
PREVAILING LEGAL ANOTHER
STANDARDS IT IS PEOPLE WITH
DISABILITIES.
WHO ARE THE MOST LIKELY TO
SUFFER THE REASON THE HARMS OF
THE HARMS THAT THAT RESULTS?
OF PEOPLE HELD AT THE OF THE
LAND OR SUBJECTED TO PUNITIVE
PRISON LIKE CONDITIONS THAT HARM
PEOPLE WITH DISABILITIES.
MY BILL TODAY SIX TWENTY TWO SB
SIX WAY TO REQUIRES THEY WILL BE
TENSION FACILITIES. TO
IMMEDIATELY NOTIFY THE
CALIFORNIA ATTORNEY GENERAL OF
ANY DEATH IN CIVIL CUSTODY.
THE DEPARTMENT OF JUSTICE WILL
ASSUME JURISDICTION OVER THE
INVESTIGATION OF THE DEATH.
AND IN COORDINATION WITH THE
BUREAU OF INVESTIGATION
IMMEDIATELY OPENED AN
INVESTIGATION INTO THE CAUSE AND
CIRCUMSTANCES OF THE DEATH WE
NEED TRANSPARENCY WE NEED
ACCOUNTABILITY IN CIVIL
DETENTION FACILITIES.
CURRENTLY OPERATING IN
CALIFORNIA THESE PRIVATE
COMPANIES MAKE BILLIONS IN
PROFITS EVERY YEAR FROM
INCARCERATED MOTHERS FATHERS
CHILDREN AND OTHERS.
IN A BROKEN IMMIGRATION.
SYSTEM IMMIGRATION PROCEEDINGS
ARE CIVIL MATTERS WHERE AN
INDIVIDUAL MAY BE DETAINED AS
THEY WAIT FOR THE CONCLUSION OF
THEIR CASES HOWEVER THEY DO NOT
HAVE TO BE DETAINED FOR THE
IMMIGRATION CASE.
AND IN FACT PRIOR TO THE
NINETEEN NINETIES MOST WERE NOT
DETAINED.
OF IT IS EVEN MORE CRUCIAL TODAY
THE CALIFORNIANS CYST ON HUMANE
AND JUST A TREATMENT IN OUR
STATE WITH WITNESSES WITH ME
TODAY ARE MELISSA CASTRO FROM
LOS ANGELES.
AND CLARA OF CLEAR ALONG WITH
HUMAN RIGHTS WATCH I
RESPECTFULLY ASK FOR YOUR IBM
THANK YOU.
THANK YOU VERY MUCH.
OF THE FIRST WITNESS TWO MINUTES
PLEASE.
THAT AFTERNOON -- AND THANK YOU
FOR ALLOWING ME TO SPEAK IN
FRONT OF YOU TODAY MY NAME IS
MELISSA CASTRO.
I'M HERE TODAY TO SPEAK TO YOU
ABOUT MY EXPERIENCE WITH ICE.
ALSO LISA ABOUT A BOTH SHOW WAS
MY HUSBAND AND THE FATHER OF OUR
TWO MONTH OLD SON.
IN LATE JANUARY TWO THOUSAND AND
NINETEEN HE WAS DETAINED BY ICE
AND EVENTUALLY.
WAS TAKEN TO THE OTHER LOCAL
DETENTION CENTER AND OTHER NON
TO CALIFORNIA. FOUR DAYS AFTER
GIVING BIRTH I RECEIVED A CALL
FROM AYE STATING THAT MY HUSBAND.
WAS AT THE LOMA LINDA HOSPITAL
DUE TO A PASSING OUT EPISODE.
UPON ARRIVAL I WAS INFORMED THAT
IN FACT IT WAS ACTUALLY.
M. A BRAIN HEMORRHAGE.
WHILE HE WAS UNDER ICE CUSTODY
AT THE HOSPITAL HE WAS
HANDCUFFED TO THE BED BY HIS
FOOT.
HE HAD TWO GUARDS INSIDE ISRAEL
TWENTY FOUR HOURS -- EVEN AFTER
I WAS INFORMED THAT HE WAS IN AN
INTENSIVE COMO AND PARALYZED.
I WAS ALSO INFORMED BY THE
GUARDS AND THE DOCTORS THAT THE
DOCTORS ARE NOT.
ALLOWED TO DISCLOSE ANY
INFORMATION REGARDING WHAT
HAPPENED TO HIM BEFORE HE WAS
TRANSFERRED TO THE HOSPITAL.
AS HIS WIFE I WANTED TO KNOW
WHAT HAPPENED TO HIM BEFORE HE
GOT TO THE HOSPITAL.
AND WHAT PROTOCOLS ARE TAKEN TO
ENSURE YOU RECEIVE THE PROPER
CARE.
I WAS LATER INFORMED BY THE
DOCTORS DURING OUR DISCUSSIONS
THAT H WAS ACTUALLY TRANSFERRED
FROM A PREVIOUS HOSPITAL THE
NIGHT BEFORE.
THIS RAID COULD RAISE QUESTIONS
FOR MYSELF AND FOR MY FAMILY.
WHY WAS I NOT INFORMED
IMMEDIATELY UPON?
UPON HIS ARRIVAL TO THE FIRST
HOSPITAL.
WHEN DID THE INITIAL INCIDENT
OCCURRED HOW LONG WAS HE AT THE
ICE FACILITY BEFORE HE WAS
TRANSFERRED TO THE HOSPITAL?
AND WHAT HAPPENED THAT LED ICE
TO TAKE HIM TO THE HOSPITAL.
THESE ARE JUST SOME OF THE FEW
QUESTIONS THAT TO THIS DAY I
STILL DO NOT HAVE ANSWERS.
TO MY HUSBAND WAS RELEASED FRM
ICE CUSTODY WHILE HE WAS STILL
IN THE HOSPITAL.
AND CONSCIOUS HE PASSED AWAY TWO
WEEKS LATER.
AS HIS WIFE AND THE MOTHER TO
CHILD IT PAINS ME TO KNOW THAT
HE IS NO LONGER HERE WITH US AND
THAT HE WON'T EVER BE ABLE TO
MEET OUR SON.
IT HAS ALSO BEEN HARD BECAUSE
LIKE I MENTIONED TO THIS DAY I
STILL I'M NOT SURE WHAT HAPPENED
AND WON'T CLOSURE.
THIS IS NOT THE FIRST TIME
SOMETHING LIKE THIS HAS HAPPENED
TO A FAMILY WHILE.
A LOVED ONE IS UNDER ICE BECAUSE
CITY.
I AM HERE TODAY TO ASK THAT YOU
VOTE IN FAVOR FOR THE SENATE
BILL.
SIX TWENTY TWO AS NO FAMILY
SHOULD HAVE TO SEE THEIR LOVED
ONE AND THOSE CONDITIONS ON THE
FINAL HOURS.
WE SHOULD ALL HAVE THE RIGHT TO
KNOW WHAT HAPPENS TO THEM
[inaudible]
THANK YOU.
THANK YOU IN OUR SHOW I SUSPECT
I SURE IN.
EXPRESSING MY CONDOLENCES AND
SADNESS OF THIS INCIDENT IS
REFLECTIVE OF THE PEOPLE HERE IN
THIS ROOM TODAY THANK YOU. SIX
WINS PLEASE.
GOOD AFTERNOON MADAM CHAIR
MEMBERS OF THE COMMITTEE MY NAME
IS CLARA LONG I'M A SENIOR
RESEARCHER WITH HUMAN RIGHTS
WATCH.
I'M HERE TODAY TO SUPPORT.
SENATE BILL SIX TWENTY TWO WHICH
WILL ENSURE IF PASSED SWIFT
INVESTIGATION TRANSPARENCY AND
ACCOUNTABILITY.
IF AND WHEN THERE IS ANOTHER
DEATH N CIVIL CUSTODY IN
CALIFORNIA INCLUDING IMMIGRATION
DETENTION.
AS THE SENATOR NOTED THERE IS A
RECORD AND RECORD NUMBER OF
PEOPLE BEING DETAINED NATIONALLY
IN IMMIGRATION DETENTION.
IN THE IS FEBRUARY PORT THE
ATTORNEY GENERAL FOUNDED THE
DURING THE LAST THREE YEARS AND
PUBLIC AND PRIVATE DETENTION
FACILITIES IN CALIFORNIA.
SEVENTY FOUR THOUSAND PEOPLE
HAVE BEEN DETAINED.
AND WE FOUND THAT HUMAN RIGHTS
WATCH THAT SINCE MARCH TWO
THOUSAND AND TEN OF EIGHTY TWO
DEATHS AN ADULT IMMIGRATION.
TWENTY THREE OF THEM -- WERE
LINKED -- TO SUB STANDARD
NEGLECTFUL MEDICAL CARE THAT'S
OUT OF THE FIFTY TWO THAT WE
WERE ACTUALLY ABLE TO ANALYZE --
THAT WE HAVE THE DOCUMENTS
ANALYZE.
IS GOING TO GIVE YOU A SMALL
TASTE OF WHAT THAT MEANS IN
CALIFORNIA ALONE.
THAT INCLUDES PEOPLE LIKE MR
FERNANDO DOMINGUEZ VALUE VIA HE
PASSED AWAY IN MARCH TWO
THOUSAND TWELVE WHILE THE TEAM
THAT THE ADELINE TO DETENTION
FACILITY.
FROM DELAYS IN ADDRESSING
PNEUMONIA WHICH IS A PREVENTABLE
AND TREATABLE ILLNESS.
MISTER RAHUL AND NESTO MORE
DOLLARS RAMOS ALSO DETAIN
ADELANTO DETENTION FACILITY
SUFFERED SYMPTOMS OF CANCER FOR
TWO YEARS BEFORE HE WAS ABLE TO
SEE A DOCTOR IN APRIL.
TWO THOUSAND FIFTEEN HE DIED
ONLY WEEKS AFTER SEEN HAVING
SEEN A DOCTOR SHE REPORTED THAT
HE HAD THE LARGEST OF DOMINO
MASK SHE'D EVER SEEN IN HER
PRACTICE THAT WAS VISIBLE
THROUGH HIS ABDOMINAL WALL.
MISTER HURTADO CREW SONGES IT
DIED WHILE DETAINED BY THE U. S.
MARSHALL SERVICE IN TWO THOUSAND
SIXTEEN IN THE TIME MASS A
DETENTION FACILITY.
ACCORDING TO A WRONGFUL DEATH
SUIT FILED BY HIS FAMILY HE
BEGGED FOR CARE BEFORE HIS DEATH
AND WAS ONLY GIVEN ASSISTANCE
WHEN AN OFFICER HAPPENED UPON
HIM AFTER HE HAD COUGHED UP SO
MUCH BLOOD HIS BED SHEETS WERE
SOAKED.
MORE RECENTLY AS YOU'VE JUST
HEARD.
THE FAMILY OF MISTER JOSE IE
BOTTOM -- STILL IS ASKING FOR
ANSWERS AND AS TO WHETHER HE
RECEIVED TIMELY AN ADEQUATE
MEDICAL CARE IN ADELANTO
DETENTION FACILITY.
I WANT TO THANK THE SENATOR FOR
PUTTING FOR THIS IMPORTANT
LEGISLATION.
THANK YOU VERY MUCH OF OTHER
WITNESSES IN SUPPORT PLEASE --
IF YOU COME FORWARD IT WILL
START WITH YOU JUST NAME AND
AFFILIATION I THINK YOU'VE.
IF MAJOR CASE.
BECAUSE OF THE GEL OF A WHICH
JULY STRONG SUPPORT THIS BILL
THANK YOU.
I ENGRAM ACLU OF CALIFORNIA IN
STRONG SUPPORT [inaudible]
THANK YOU.
DIPPING AGONIES OVER THE
CALIFORNIA IMMIGRANT POLICY
CENTER IN STRONG SUPPORT THANK
YOU.
NO I BOTTOM ALL REPRESENTING
CALIFORNIA RURAL LEGAL
ASSISTANCE FOUNDATION IN STRONG
SUPPORT [inaudible]
THANK YOU.
REVENUE MENTOR RYAN SHERMAN WITH
THE RIVERSIDE SHERIFF'S
ASSOCIATION STRONG SUPPORTER.
THANK YOU.
BECAUSE HER SONS OF THE
CALIFORNIA DREAM NETWORK IN
STRONG SUPPORT THANK YOU.
GLORY OF ALLEN FOR THE
CALIFORNIA NETWORK STRONG
SUPPORT THANK YOU.
HELLO SHALLOW TO KIND OF RENDER
NETWORK AND STRONG SUPPORT THANK
YOU.
THE LOOK OF ALARM STRING SUPPORT.
THANK YOU SIR.
ALSO LAST CONVENE IN STRONG
SUPPORT.
THE COMMAND.
MONTANA PONCE AND STRONG SUPPORT
THANK YOU.
THE UNIVERSITY POLICY MANAGER
WITH LEGAL SERVICES FOR PERSONS
WITH CHILDREN STRONG SUPPORT
THANK YOU.
YOU SEE ANY WATER.
JOSE WATER WAS MY BROTHER AND
I'M IN STRONG SUPPORT
[inaudible]
THANK YOU.
DOES THE STANDARD -- HAVE EQUAL
RIGHTS ADVOCATES IN SUPPORT
THANK YOU -- CHILD DISABILITY
RIGHTS CALIFORNIANS SUPPORT.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
ANY WITNESSES IN OPPOSITION.
BRING ME BACK TO THE DíAS ANY
QUESTIONS COMMENTS SENATOR OWN.
POLICY I JUST HAVE MY OWN LITTLE
SIGNED -- SIX MONTHS AGO AND I
JUST THINK YOUR STORY IS SO
HEARTBREAKING AND NINE THIS
CRAZY THAT IT'S HAPPENING
HAPPENING THE COUNTRY -- THAT MY
CAR SINCE -- I'M LIKE TO MOVE
THE BILL INAPPROPRIATE
[inaudible]
SENATOR MONNING.
THANK YOU MADAM CHAIR I ALSO
WANT TO THANK THE AUTHOR FOR
BRINGING THIS FORWARD IN.
THE ALL THE WITNESSES WHO
TESTIFIED IN.
SHARE CONDOLENCES WITH YOU AND
YOUR FAMILY AND UNFORTUNATELY
SOUNDS LIKE SO MANY OTHERS SO.
THIS IS A PATHWAY.
TO IN THE MADNESS.
THE SECOND THE MOTION THANK YOU.
YES AND I WANT TO THANK YOU TO
AND I WOULD LIKE TO BE ADDED AS
A CO AUTHOR IF THERE ARE ANY
OTHER.
I GUESS THERE ARE AMENDMENTS.
NO AMENDMENTS SO IF AT ANY POINT
THERE ARE THIS IS JUST BARBARIC
IT'S JUST NOT WHO WE ARE AND WE
AS A STATE TO HAVE AN
OPPORTUNITY. TO TO INTERCEDE
HERE TO TRY TO PROTECT PEOPLE
[inaudible]
OF WHO.
COR OTHERWISE NOT TREATED WITH
THE LEVEL OF HUMAN DIGNITY THAT
WE SHOULD EXPECT AND DEMAND.
OF OURSELVES AND EACH OTHER SO
WITH THAT IF YOU'D LIKE TO CLOSE.
THANK EVERYONE -- SPECIALLY THE
COMMITTEE MEMBERS AND COUNSEL
FOR ALL OF YOUR SUPPORT -- CHEN
AYE VOTE THANK YOU.
THE MOTION IS TO PASS THE TO
SENATE APPROPRIATIONS -- PLEASE
CALL THE ROLL JACKSON HI.
JACKSON HI BORDERS.
ALAN.
ALAN HI COVER EURO.
JONES.
MONNING.
MONNING AYE STERN.
UMBERG WHITE HOUSE SKI.
YOU HAVE THREE VOTES ON THAT
MEASURE -- WILL KEEP THE ROLE
OPEN I THINK WE'LL GET MORE
THANK YOU FOR COMING IN
CONDOLENCES FOR YOUR LOSS.
OUR NEXT OF BILL IS SENATOR ROD
SHOWS SB SEVEN FORTY NINE FILE
ITEM.
THIRTY WAIT JUST A SECOND TOO
AGAIN ALLOW.
OTHERS TO LEAVE BEFORE WE START
THE
SET UP THERE AND THEN WE'LL
HAVE.
RIGHT E. L. I. S. B. SEVEN FORTY
NINE SEVEN DRAWS SO I WANT TO
CONFIRM THAT YOU ARE AMENDING
THE BILL AS REFLECTED ON PAGE.
ONE OF THE ANALYSIS AND PAGE
SEVEN SPECIFICALLY YOU'RE GOING
TO REMOVE SECTION.
TO AS REFLECTED IN THE NOTE.
ON PAGE ONE OF THE ANALYSIS AND
YOU ARE AMENDING THE BILL IS
REFLECTED IN THE AMENDMENT ON
PAGE. SEVEN TO TIGHTEN UP THE
BILL'S LANGUAGE THE PROTECTION
PLOY THE NAMES AND PERSONALLY
IDENTIFYING INFORMATION SEKARANG.
YES THAT'S CORRECT I ACCEPT
THANK YOU VERY MUCH AND IF YOU'D
LIKE TO PROCEED FORESHORES.
THANK YOU THANK YOU MADAM CHAIR
AND COLLEAGUES.
SB FORTY IN SOME FORTY NINE
POSITIONS CALIFORNIA TO BE IT A
LEADER AND CREATING GOOD JOBS
AND OPEN GOVERNMENT.
AS A GLOBAL ECONOMIC LEADER
CALIFORNIA'S STRIVES.
TO GOVERN FOR THE COMMON GOOD.
FOUNDATIONAL TO THIS IDEA THE
PRINCIPLE OF PURCHASING FOR THE
COMMON GOOD.
OUR PUBLIC INVESTMENTS ARE TAX
DOLLARS SHOULD STRENGTHEN
COMMUNITIES AND BUILD OUR
COLLECTIVE STRENGTH.
HOWEVER WITHOUT ACCESS TO
INFORMATION ABOUT WAGES JOB
CREATION JOB QUALITY AND JOB
RETENTION HOW CAN WE BE POSITIVE.
THAT ARE PURCHASING POWER
REFLECTS OUR VALUES AND REWARDS
RESPONSIBLE CONTRACTORS AND
SUBCONTRACTORS EARNING PROFITS
WITH OUR PUBLIC DOLLARS.
SO SB SEVEN FORTY NINE WOULD
MAKE CLEAR THAT ALL IT AGAIN
MAKE CLEAR.
NOT ADDITION NOT A TAKE WEIGHT
WOULD MAKE CLEAR THAT ALL
INFORMATION IN A PUBLIC CONTRACT
BETWEEN A PRIVATE INDUSTRY
EMPLOYER AND THE STATE OR LOCAL
AGENCY PERTAINING TO JOB
CREATION.
JOB QUALITY OR JOB RETENTION AS
WELL AS BY AMERICA LAWS
COMPLIANCE.
IS NOT EXEMPTED FROM THE
CALIFORNIA PUBLIC RECORDS ACT AS
A TRADE SECRET OR FOR ANY OTHER
REASON.
AND ENSURING COMPLIANCE WITH THE
FEDERAL BY AMERICA LAWS SB SEVEN
FORTY NINE REFLECTS A BIPARTISAN
UNDERSTANDING.
OF THE IMPORTANCE OF SUPPORTING
AMERICAN WORKERS AND
MANUFACTURERS -- I JUST WANTED
KNOWLEDGE -- CHAIR -- JACKSON'S
EVERY TOWARDS ACHIEVING
TRANSPARENCY AND ACCOUNTABILITY
AROUND CALIFORNIA'S TAX CREDITS
AND EXEMPTIONS WHICH DIVERT
BILLIONS FOR MY GENERAL FUND
EACH YEAR.
INCREASINGLY RECORDS RELATED TO
WAGES BENEFITS JOB QUALITY
RETENTION AND OTHER EMPLOYMENT
CONDITIONS ARE REDACTED FROM
PUBLIC DOCUMENTS BY PRIVATE
CONTRACTORS AND SUBSIDY
RECIPIENTS.
BASED ON THE TRADE SECRET
EXEMPTION. TO THE C. P. R. A OR
ARE PREVENTED FROM BEING
DISCLOSED AS A RESULT OF THIRD
PARTY LAWSUITS. FOR THIS REASON
SB SEVEN FORTY NINE WOULD
INCLUDE A DESCRIPTION AND THE
GOVERNMENT CODE OF THE TYPES OF
INFORMATION RELATED TO JOBS JOB
QUALITY JOB RETENTION.
THAT PRIVATE CONTRACTORS IN
SUBSIDY RECIPIENTS IN CALIFORNIA
WOULD NOT BE ABLE TO REDACT FROM
PUBLIC DOCUMENTS BASED ON THE
TRADE SECRET EXEMPTION.
THIS IS A NARROW APPROACH TO
INCREASING ACCESS TO PUBLIC
INFORMATION ABOUT PUBLIC
CONTRACTS AS WELL AS PRIVATE
COMPANIES COMPLIANCE WITH BY
AMERICA LAWS.
CALIFORNIA HAS LONG COMMITTED TO
RESPONSIBLE CONTRACTING POLICIES
BUT TO ACHIEVE FULLY THE GOALS
OF RESPONSIBLE CONTRACTING.
ACCESS TO KEY INFORMATION IS
VITAL.
CALIFORNIA'S DESERVE A FAIR
RETURN ON OUR TAXES AND THE ONLY
WAY TO KNOW IF WE ARE GETTING
WHAT WE BARGAINED FOR IS GETTING
THE INFORMATION RELATED TO JOBS.
IN THIS SB SEVEN FORTY NINE IS
AN OPPORTUNITY FOR CALIFORNIA TO
BE A LEADER IN CREATING JOBS AND
PROTECTING JOBS QUALITY.
TODAY WE HAVE TWO OF THEM.
DON YEAH DONALD A TO EXPERT
WITNESSES DONALD COLON AND
BENJAMIN KAMAL CHECK.
TESTIFYING IN SUPPORT OF THE
BILL AND OUR FIELD EXPERT ABELA
SHOT BOLA FROM JOBS TO MOVE
AMERICA TO HELP ANSWER QUESTIONS.
THANK YOU SENATOR AND WE'LL
START TWO MINUTES EACH PLEASE
THANK YOU SO.
MY NAME IS DON KOHN I RUN A
NATIONAL IT -- RESEARCH AND
POLICY CENTER AROUND GOVERNMENT
CONTRACT WE WORK AROUND THE
COUNTRY.
WE FIND CASE ON A TALK BROADLY
ABOUT THE ISSUE OF TRADE SECRETS
WE GET ALL THE TIME WE REGULARLY
FIND CASES WHERE PUBLIC
INFORMATION IS HIDDEN BECAUSE A
CONTRACTOR CLAIMS IT WOULD
EXPOSE A TRADE SECRET.
AGENCIES OFTEN GO ALONG WITH
WHAT THE COMPANY SAYS BECAUSE
IT'S EXPENSIVE AND COMPLICATED
AND THEY JUST THINK THEY ACCEPT
WHAT THEY SAY.
SO GROUPS WOULD HAVE TO LITIGATE
LIKE LIKE IN A IN CASE YOU HEAR
YOUR HILL YOU'LL HEAR ABOUT AND
GROUPS DON'T BECAUSE IT'S
EXPENSIVE. TO LITIGATE AROUND --
HAVE DETERMINED TO GET THE
RECORDS REQUEST.
THEY'RE ABSOLUTELY LEGITIMATE
TRADE SECRET ISSUES BUT THERE
ARE FAR TOO MANY EXAMPLES THAT
WE FINALLY GIVE YOU JUSTA
BULLETED FEW WITH THE CLAIM IS
AN INAPPROPRIATE.
AND TOWARDS THE ABILITY OF THE
PUBLIC TO PARTICIPATE TO HOLD
CONTRACTORS ACCOUNTABLE AND TO
MAKE SURE WE'RE GETTING WHAT WE
PAY FOR SO HERE JUST A FEW
SAMPLES A BROAD BRUSH.
IN CONNECTICUT THE HEALTH CARE
EXCHANGE CONTRACTED WITH A
CONVENTIONAL COMPANY MAXIMUS TO
OPERATE THEIR CALL CENTER AFTER
OBAMACARE PASSED.
IN NPR STATION SUBMITTED A
RECORDS REQUEST TO BREAK DOWN
THE COSTS TO DETERMINE THE CALL
PER MINUTE. FOR THE CHARGE.
THE COMPANY CLAIMED THEY WERE
TRADE SECRET.
I'M NOT GONNA GIVE THE RESULTS
OF ALL THESE CASES WERE THERE
ALL WE HAVE THE ULTIMATELY
RESOLVED.
SIMILARLY A PRIVATE WATER
COMPANY IN NEW YORK WONDER
CHARGE FIFTY SIX MILLION DOLLARS
FOR PLANNING AND DESIGN OF A NEW.
PLANT AND WATER TREATMENT PLANT
THEY WOULDN'T PROVIDE A
BREAKDOWN OF THE COST EITHER
BECAUSE THEY SAID THEY WERE TO
FIND OUT OF UNITS AND AND WE
NEEDED TO FIND OUT OF WE WERE
THAT WAS THAT RESIDENTS ARE
GONNA BE OVER CHARGED.
BECAUSE THEY SAID THAT WAS A
TRADE SECRET THOSE COSTS IS ALL
PUBLIC YOU KNOW PUBLIC GOODS.
NEXT STATE OFFICIALS IN NORTH
CAROLINA ASKED FOR THE SALARIES
OF AN EMPLOYEES OF A PRIVATE
CHARTER SCHOOL THE SCHOOL
CLAIMED THAT THE SALARIES WERE
CONFIDENTIAL PROPRIETARY IN A
TRADE SECRET.
ULTIMATELY HAD TO GIVE.
ANOTHER EXAMPLE NEWSPAPER
REQUESTED THE LITIGATION HISTORY
OF A HEALTHCARE COMPANY IN
FLORIDA THAT CONTRACTED TO
PROVIDE HEALTH CARE IN STATE
PRISONS THE COMPANY REFUSED
CLAIMING THE INFORMATION WAS A
TRADE SECRET.
IS ABOUT LITIGATION THAT'S NOT
PART OF THEIR SECRET SAUCE TO BE
LITIGATED.
FINALLY -- AFTER INMATE RIGHTS
IN A PRIVATELY RUN PRISON IN
TEXAS THE ACLU FILED A REQUEST
FOR ON DOCUMENTS FOR PRISONER
HEALTH.
IS NO COMPLAINTS AND DEATHS.
AND THE COMPANY THEN SAID THAT
WAS A TRADE SECRET ALSO HARD TO
IMAGINE RIGHT.
SO SB SEMPER NINE DOESN'T
ADDRESS ALL OF THIS IT'S AND
IT'S A NARROW.
START TO ADDRESS ONE THAT THE
UNIT TO CLARIFY ERA WHAT TO
WRITE.
US A WEIRD YOUR SUPPORT THANK
YOU VERY MUCH NEXT WITNESS TWO
MINUTES PLEASE GOOD AFTERNOON
GOOD AFTERNOON MY NAME IS BANK
OF ALL CHECK I'M AN ASSOCIATE
ATTORNEY WITH A LOT FOR
MCCRACKEN'S TIMMERMAN AND HOLES
VERY -- THE CALIFORNIA PBLIC
RECORDS ACT AS A CRUCIAL ROLE IN
ENSURING GOVERNMENT
ACCOUNTABILITY IN CALIFORNIA ARE
AS YOU'VE HEARD BECOME A
PRACTICE OF PART OF PRIVATE
COMPANIES. TO SUE AGENCIES TO
BLOCK DISCLOSURE DISCLOSURE
RECORDS THEY CLAIM OUR TRADE
SECRETS.
RECENTLY NEW FIRE THE LARGEST
BUS MANUFACTURER IN NORTH
AMERICA I TEND TO USE THIS
TECHNIQUE TO CONCEAL INFORMATION
ABOUT WAGE BENEFIT AND JOB
CREATION PROMISES.
IN MADE IN ORDER TO OBTAIN A
FIVE HUNDRED MILLION DOLLAR
CONTRACT FROM LOS ANGELES METRO.
THE ABILITY FOR PRIVATE
COMPANIES TO PURSUE COSTLY
LITIGATION IN RESPONSE THE CPR I
REQUEST MUSCLES THE PUBLIC OUT
OF UTILIZING THE CPR AND FURTHER
PUBLIC GENCIES ARE LIKEWISE
FORCE INTO A DIFFICULT POSITION.
BETWEEN THEIR CPR A. R. BUT
OBLIGATIONS AND THE THREAT OF
THIRD PARTY LITIGATION.
SB SEVEN FORTY NINE NARROWLY
ADDRESSES THIS BY CLARIFYING THE
TYPES OF INFORMATION RELATED TO
JOBS JOB QUALITY PROCUREMENT
THAT WOULD NOT BE SUBJECT TO THE
TRADE SECRET EXEMPTION TO THE
CPR AT I WANT TO HIGHLIGHT THAT
THIS BILL IS SUPPORTED BY THE
EXISTING DECISIONAL Là -- THE
BY CONSTITUTIONAL MANDATE
EXEMPTIONS FROM COMPEL
DISCLOSURE -- MUST BE NARROWLY
CONSTRUED NO CORPS IN
CALIFORNIA'S FOUND THAT THE
CATEGORIES OF DOCUMENTS
INCLUDING SB SEVEN FORTY NINE R.
TRADE SECRETS UNDER THE CPR A
EVEN IF IT COULD BE CONSIDERED
TRADE SECRET ONE OF THESE
CATEGORIES OF DOCUMENTS ARE.
A DOCUMENT WHEN THESE CATEGORIES
UNDER THE CPR A YOU MUST BALANCE
THE PUBLIC INTEREST AND
DISCLOSURE AGAINST THE CLAIM
CONFIDENTIALITY OF THE
INFORMATION.
THE PUBLIC INTEREST STRONGLY
SUPPORTS DISCLOSURE OF THESE
CATEGORIES OF DOCUMENTS
CALIFORNIA SUPREME COURT HAS
CONCLUDED THAT ACCESS TO BID
DOCUMENTS.
IS REQUIRED OF THE CPR A
CALIFORNIA HAS A STRONG PUBLIC
POLICY AGAINST CONFIDENTIALITY
EMPLOYEE WAGES AND COURSE OF
REGULARLY HELD -- THE FINANCIAL
INFORMATION SUBMITTED TO THE
GOVERNMENT IS THIS CLOSABLE.
IN THE LAWSUIT BROUGHT BY NEW
FLYER THIS WAS EXACTLY THE
REASON WHY THE ORDER DISCLOSURE
OF THE DOCUMENTS.
SIMILARLY THE CATEGORIES OF
DOCUMENTS INCLUDED IN SB SEVEN
FORTY NINE ARE NECESSARY TO
ENSURE THAT THE PROMISES MADE TO
CALIFORNIA'S COMMUNITIES OUR CAT.
THANK YOU INTO JUST A TAD OVER
WELL DONE ARE.
ANY OTHER WITNESSES IN SUPPORT
PLEASE STEP FOR OUR GIVE US YOUR
NAME AND AFFILIATION PLEASE.
HI MY NAME IS HI MY NAME IS
AVAILABLE I'M WITH JOBS TO MOVE
AMERICA AND I'M ALSO IN SUPPORT
OF THE BILL -- AND I JOBS MOVE
AMERICA IS A NATIONAL
ORGANIZATION AND WE'RE DEDICATED
TO ADVOCATING FOR PUBLIC
AGENCIES TO PURCHASE FOR THE
COMMON GOOD MEANING THAT TAX
DOLLARS ARE SPENT -- ON WHEN TAX
DOLLARS ARE SPENT ON YOU GOODS
AND SERVICES THE SHOULD BE
LEVERAGED TO CREATE GOOD JOBS
FOR SYSTEMS IMPACTED GROUPS LOW
INCOME COMMUNITIES AND
COMMUNITIES OF COLOR.
THANK YOU THANK YOU -- WITNESSES
IN SUPPORT I'M A GO TO GO VOTE
UP IN PUBLIC SAFETY THEY'RE
LIFTING THE CALL SO MANY GIVE
THE GAVEL TO SENATOR MINING AND
I WILL BE BACK SHORTLY.
I PLEASE GO KEEP GOING HALF OF
THE CALIFORNIA FLINT LAWYERS
ASSOCIATION IN SUPPORT.
MICHAEL YOUNG WITH THE
CALIFORNIA LABOR FEDERATION ALSO
YOUR SUPPORT.
EXCESSIVELY AS WITH THE STATE
BUILDING AND CONSTRUCTION TRADES
COUNCIL ALSO IN SUPPORT.
ANY OTHER WITNESSES IN SUPPORT
SEEING NONE WITNESSES AND
OPPOSITION WOULD YOU PLEASE.
MAKE THE SEATS AVAILABLE.
THE FRONT TABLE [inaudible]
THANK YOU.
YOU CAN COME BACK IF THERE'S
QUESTIONS DURING THE QUESTIONING.
THANK YOU TWO WITNESSES EACH TWO
MINUTES.
GOOD AFTERNOON MISTER CHAIRMAN
VERSE OF THE COMMITTEE JENNIFER
BROWN WE HAVE THE CALIFORNIA
CHAMBER OF COMMERCE AND WE ARE
OPPOSED TO SB -- SEVEN FORTY
NINE FROM OUR PERSPECTIVE THIS
BILL -- ACTUALLY BROADENS THE
APPLICATION OF THE CALIFORNIA
PUBLIC RECORDS ACT NOT JUST
THOSE DOCUMENTS THAT ARE PUBLIC
DOCUMENTS MAINTAINED AND OWNED
AND IN THE POSSESSION OF THE
GOVERNMENT BUT ALSO IN BATES NOW
PUBLIC ARE EXCUSE ME PRIVATE
EMPLOYERS -- PRIVATE DOCUMENTS
THAT ARE NOT CURRENTLY IN THE
POSSESSION MAINTAINED AND OWNED
BY THE GOVERNMENT IT HAS NOTHING
TO DO WITH GOVERNMENT
TRANSPARENCY IT'S NOW INVADING
INTO A PRIVATE SECTOR EMPLOYERS
DOCUMENTS -- THAT COULD BE
POTENTIALLY TRADE SECRETS AND SO
WE ARE CONCERNED THAT WE'RE
BROADENING THE SCOPE OF THE CPR
A TO THOSE PROP PRIVATE
DOCUMENTS THAT SHOULD BE
DISCLOSED AS A PART OF THE
GOVERNMENT.
TRADE SECRETS -- I'M NOT
SUGGESTING UP HERE THAT AN
EMPLOYEE RECORDS ARE EMPLOYEE
WAGES ARE EMPLOYEE BENEFITS ARE
ALWAYS GOING TO BE CONSIDERED
TREAT SECRET INFORMATION OR
DOCUMENTS REGARDING JOB
RETENTION -- JOB CREATION JOB
QUALITY YOU'RE GOING TO BE TRADE
SECRETS BUT THAT'S REALLY FOR
THE TRIER OF FACT TO DETERMINE
AND NOT FOR THE LEGISLATURE TO
NECESSARY.
WYRLEY DETERMINED THAT THEY CAN
NEVER BE TRADE SECRET
INFORMATION TRADE SECRET
INFORMATION -- THE WHOLE BIT --
PURPOSE OF TRADE SECRETS ARE IT
IS CONFIDENTIAL INFORMATION THAT
DERIVES ECONOMIC VALUE FROM
BEING MAINTAINED AS CONFIDENTIAL
AND IF IT'S AUTOMATICALLY
REQUIRED TO BE DISCLOSED IN THE
PUBLIC RECORDS IS ESSENTIALLY
THE GOVERNMENT COMING IN AND
SAYING.
IT DOESN'T MATTER IF THIS IS A
TRADE SECRET REQUIRING
DISCLOSURE NOW YOU'VE LOST ANY
ECONOMIC VALUE HAVING
MAINTAINING ITS CONFIDENCE AND
SO YOU CAN'T MAINTAIN THIS AS A
TRADE SECRET ANY LONGER WITH THE
WHICH IS A CONCERN FOR OUR
PERSPECTIVE.
IF THEY ARE ALLEGING TREAT
SECRET THAN WHAT THE TRIER OF
FACT DETERMINE WHETHER OR NOT
THAT TREATS A GROUP PRIVILEGE IS
IN FACT VALID AND WHETHER OR NOT
IT DOES SATISFIED THE
QUALIFICATIONS OF A TRADE SECRET.
BUT JUST UNILATERALLY ASSUMING
THAT IT NEVER DOES IS A CONCERN
AND AGAIN THESE KIND OF
CHALLENGES WITH REGARDS TO
DISCLOSING PRIVATE INFORMATION
THAT IS NOT CURRENTLY SUBJECT TO
THE CPR A UNILATERALLY
DETERMINING THAT THIS
INFORMATION IS NOT A TRADE
SECRET.
WILL CREATE OBSTACLES FOR THESE
PRIVATE EMPLOYERS WANTING TO
CONTRACT WITH THE GOVERNMENT AND
CREATE CHALLENGES FOR THE
GOVERNMENT TO TRY AND GET THESE
PROCUREMENTS -- CONTRACTS AS
WELL SO FOR THOSE REASONS WE ARE
OPPOSED [inaudible]
YOU -- MEMBERS OF THE COMMITTEE
DEAL GIVES WITH THE CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION
LIKE TO THINK THE AUTHOR FOR THE
SIGNIFICAN AMENDMENTS REMOVING
SECTION.
TO THAT ADDRESSES THE THE
MAJORITY OF OUR CONCERNS -- AND
WILL BE EVALUATING OUR POSITION
ON THIS BILL SHOULD HAVE MOVED
FORWARD -- HOWEVER I KNOW THAT
WE DO WE ARE A MEMBERS STILL
HAVE SOME REMAINING CONCERNS ON
ON HOW THIS WILL IMPACT.
OUR ABILITY TO CONTRACT -- AND
AND GO OUT TO TO BID ON PROJECTS
ARE WE GOING TO RECEIVE LESS
BIDS BECAUSE BUSINESSES ARE.
ARE WILLING TO PROVIDE THE
INFORMATION THAT WOULD BE
REQUIRED TO BE DISCLOSED --
SHOULD THIS BILL GO THROUGH SO
WE STILL HAVE THOSE CONCERNS BUT
THE THE THE MAJORITY OF OF OUR
CONCERNS WOULD WITH REGARD TO
DIVERSITY P. R. A..
ACTIONS IS BEEN REMOVED AND BEEN
ADDRESSED.
EVERY WE HAVE FOLKS ARE COMING
FROM THE LEAGUE OF CITIES AND
OTHERS -- YEAH THE THE USING ON
BEHALF GOING TO BE SAYING THAT
THE SAME POSITION THAT THAT'S
WHERE THEY'RE AT THEY'LL COULD
WILL HERE THERE'S AND THEN WE'LL
GO TO THE DíAS.
OKAY I UNDERSTAND OKAY.
WOULD YOU SAID IN A PLAYER
AFFILIATION A YES SO AGAIN DON'T
GIVENS WITH THE CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION.
OKAY NOW GO TO OTHER WITNESSES
IN OPPOSITION NAME ANDAFFILIATION IN WORKING WITH THE
ASSOCIATION OF CALIFORNIA
HEALTHCARE DISTRICTS WE WOULD
ALIGN OUR COMMENTS WITH THOSE BY.
THE FDA ALSO HERE ON BEHALF OF
THE LEAGUE OF CALIFORNIA CITIES
ALTHOUGH I'M NOT WITH THE
CALIFORNIA STATE SO I CANNOT
ANSWER ANY OF YOUR QUESTIONS BUT
THEY HAVE THE SAME CONCERNS
THANK YOU.
A MISTER CHAIR CRISPY KAYLEE ON
BEHALF OF THE COMPUTING
TECHNOLOGY INDUSTRY ASSOCIATION
AND WE OPPOSE THE MEASURE AS
OUTLINED BY MISTER WITH THE CAL
CHAMBER THANK YOU.
KAREN MEMBERS CORE ENGINE SO A
TECHNICIAN ALSO LINE OF THE
CHAMBER THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION.
BRING IT BACK TO THE DíAS
MEMBER QUESTIONS [inaudible]
YEAH.
THOSE SENATOR CAFIERO THEN
SENATOR ALLEN.
YOU IN THE QUEUE.
THANK YOU MISTER CHAIR I
APPRECIATE THE OPPORTUNITY ASK
COUPLE QUESTIONS -- I I AM I
UNDERSTAND WHERE YOU'RE YOU'RE
GOING IN AND WHAT YOU'RE TRYING
TO GET -- THERE'S THERE IS ONE
SECTION THAT I DON'T UNDERSTAND
AT ALL AND I WAS WONDERING IF
YOU CAN TELL ME.
WHAT THIS MEANS AND SO THERE ARE?
ACTUALLY PULLED IT UP IN THE
BILL IT IS.
IT IS ON PAGE THREE LINE.
THREE AND THIS IS THIS IS THE
SECTION IT'LL BE ADDED TO THE
GOVERNMENT CODE.
SO THERE'S IT'S A IT'S
SUBSECTION BE IN AND IT READS
NOTWITHSTANDING ANY OTHER LAW
RECORDS OF COMPLIANCE WITH THE
MYSTIC CONTENT REQUIREMENTS
SPECIFIED IN SECTION FIFTY THREE
TWENTY THREE J. OF TITLE.
FORTY NINE UNITED STATES CODE OR
WITH ANY STATE OR LOCAL LAW
MANDATING DOMESTIC CONTENT IN
STATE OR LOCAL AGENCY
PROCUREMENT.
OR LIMITING OR PROHIBITING THE
USE OF ARTICLES MATERIALS OR
SUPPLIES.
MINED PRODUCED OR MANUFACTURED
IN FOREIGN COUNTRIES OUR PUBLIC
RECORDS AND ARE NOT TRADE
SECRETS FOR PURPOSES OF THIS
CHAPTER AND I HAVE ABSOLUTELY NO
IDEA WHAT YOU'RE TALKING ABOUT
THERE SO.
THAT THEM THE EMPLOYEES IN THE
ROOM ID THAT HOW MUCH THEY'RE
MAKING AND ALL THAT KIND OF GOOD
STUFF MAKES SENSE TO ME BUT THAT.
IF YOU COULD EXPLAIN TO ME WHAT
YOU INTEND BY THAT.
ABSOLUTELY THAT'S A GREAT
QUESTION -- SO THAT'S JUST ONE
REFERENCE THE FEDERAL CODE TO
ONE PROCUREMENT Là THAT'S THE
BY AMERICA PROGRAM -- AND THAT
IS FROM THE DEPARTMENT
TRANSPORTATION FOR GRANTS THAT --
THAT -- DEPARTMENT GIVES TO
LOCAL AND STATE AGENCIES --
WHERE THERE ARE REQUIREMENTS
ATTACHED TO GRANTS OF A CERTAIN
DOLLAR AMOUNT THE REQUIRES STEEL
AND OTHER-- CONTENT TO BE
PROCURED FROM -- TO BE PROCURED
DOMESTICALLY THAT'S THAT'S ONE
EXAMPLE AND THEN OBVIOUSLY THE
THE BROADER PROVISION JUST MEANS --
THAT THERE ARE STATE AND LOCAL
LAWS THAT SIMILARLY REQUIRE --
PROCUREMENT TO TAKE PLACE IN A
CERTAIN WAY YOU KNOW BE -- BY
AMERICA -- ANTI SWEATSHOP THINGS
LIKE THAT -- SO THAT'S WHAT THAT --
SECTION APPLIES.
TO YOUR STAND IS THAT IS YOU
KNOW IT'S ALWAYS THE THINGS THAT
YOU DON'T.
PAY ATTENTION TO THAT YOU'RE
TRYING TO FIGURE OUT THAT LATER
COME BACK AND I WHAT I'M TRYING
TO UNDERSTAND IS THAT IS IS I
UNDERSTAND CONTRACTS WHERE --
WHERE YOU HAVE -- PEOPLE WORKING
BUT IF YOU'RE BUYING MATERIALS
AND GOODS.
THEN -- THEN I'M CONCERNED ABOUT --
EXACTLY WHAT WE'RE ARTICULATING
HAS TO BE DISCLOSED.
IN THIS -- AT NEW LAW I THINK
WHAT'S IMPORTANT TO NOTE IS THAT
IT'S ONLY PURSUANT TO AN
AGREEMENT A CONTRACT OR LAW.
IT DOESN'T SAY IF YOU IF THERE'S
NO APPLICABLE PROCUREMENT Là.
THERE'S NO.
REQUIREMENT THAT DOCUMENTS BE
DISCLOSED UNDER THIS -- AND THIS
PROVISION BUT IF WE ARE
LEGISLATING. TO PROCURE IN A WAY
THAT WE THAT WE WANT TO SEE
BENEFITS GO TO OUR COMMUNITIES
THIS JUST SAYS.
THE RECORDS OF COMPLIANCE TO
THOSE LAWS AND AGREEMENTS ARE
NOT TRADE SECRETS.
AND I'D I ALSO WANT TO SAY I I
DON'T THINK THAT THIS EXPAND THE
DEFINITION UNDER EXISTING
DECISIONAL Là.
I THINK THOSE DOCUMENTSARE
GENERALLY ALREADY AVAILABLE THE
PROBLEM IS IS THAT NOW.
REQUESTED ARE BEING FORCED INTO
A MULTI YEARS OF LITIGATION IN
ORDER TO GET THOSE DOCUMENTS.
IN THE CALIFORNIA PUBLIC RECORDS
ACT IS SUPPOSED TO BE AN
INFORMAL TEN DAY.
OUR RESPONSE TO A REQUEST FOR
DOCUMENTS.
AND WE ARE JUST PROVIDING
LEGISLATIVE GUIDANCE TO THE KIND
OF DOCUMENTS THAT THOSE --
AGENCIES NEED -- TO TURN OVER I
GUESS MY CONCERN IS THIS IS THAT
I'VE BEEN I'VE BEEN THINKING
THERE I'M THINKING LOCAL
GOVERNMENT KIND OF CONTRACTS AT
THE YOU KNOW.
FIX THE ROAD DO SOME WORK AROUND
THE COMMUNITY -- THE STATE
CONTRACTS FAIRLY SIGNIFICANTLY
WITH COMPANIES THAT DO
INTERNATIONAL BUSINESS AND WE
AND I'M THINKING IN PARTICULAR
IN THE HIGH TECH AND THAT AND
THAT -- THAT -- THE HIGH TECH
AND ALSO THAT THE VEHICLES AND
THE THE HELICOPTERS AND YOU KNOW
EVERYTHING THAT WE BY -- I'M I'M
TRYING TO GET A HANDLE ON WHAT
ARE WE WHAT ARE WE NOW SAYING IS
GOING TO BE -- AVAILABLE AND
LIKE I SAID I LIKE THE CONCEPT
AND IT MAKES A LOT OF SENSE WHEN
YOU'RE TALKING ABOUT REAL
CONCRETE -- PROJECTS THAT YOU DO
IT LOCAL GOVERNMENT BUT AT THE
STATE LEVEL I'M JUST TRYING TO
GET A SENSE OF HOW FAR HOW
BROADER WE GOING WITH THIS.
AND THEN WHAT ARE WE WHAT KIND
OF BURDENS ARE WE PUTTING.
ON THE NOT ONLY THAT THAT THE
PEOPLE THAT WE'RE GONNA BE
CONTRACTING WITH AND AND AND
FRANKLY PART OF THE CHALLENGES
IS SOMETIMES OUR SPECIFICATIONS
ARE SO DETAILED.
THAT THEY CAN'T MEET THE
SPECIFICATIONS AND WE END UP
WITH ONE VENDOR.
AND AND SO DO WE THEN PLACE
OURSELVES IN A POSITION WHERE WE
END UP WITH NO VENDORS THAT ARE
BIDDING BECAUSE OUR REQUIREMENTS
YOUR TIME JUST TRYING TO GET A
HANDLE ON I THINK IT'S IMPORTANT
TO NOTE.
THAT MOST CONTRACTSDON'T
INCLUDE DOMESTIC CONTENT.
PROVISIONS.
IT DOESN'T OPEN UP -- EVERY
SINGLE AGREEMENT OR CONTRACT.
IT IS APPLIED TO OUR THAT WHEN
THERE IS A REQUEST FOR A
SPECIFIC.
CONTRACT HAS IT BEEN --
DETERMINED TO INCLUDE ONE OF
THESE PROGRAMS.
THAT SAYS A CERTAIN AMOUNT OF
YOUR CONTENT IS SAFE AND TO
ACQUIRED LOCALLY.
THEN THOSE RECORDS ARE AVAILABLE
UNDER THE CPR A IT'S NOT EVERY
CONTRACT.
IF I COULD IF I COULD ADD HIS
I'M NOT A LAWYER SO I CAN MAKE
EXPLAINED DIFFERENT.
IF THEY HAVE TO COMPLY WITH
THESE LAWS.
THEN THERE COMPLIANCE REPORTS
HAVE TO BE PUBLIC SO THAT WE CAN
SAY YOU ARE YOU DOING IT OR NOT
IT'S NOT ADDING NEW REQUIREMENTS.
IT'S THAT'S ALL.
OKAY THANK YOU SENATOR CENTER
AROUND DID YOU WANNA TRY TO GET
A QUESTION ENOUGH THIS THING
RIGHT AFTER A QUICK FOR SECOND
BUT I I JUST WANT TO FOLLOW UP A
LITTLE THE ON YOUR ON YOUR
QUESTION YOUR POINT.
WHAT IS THE CORE CONCERN RIGHT
NOW SO I APPRECIATE VERY MUCH
THE FACT THAT THE AUTHOR IS IS
WORKING WITH OUR OUR CITIES I
MEAN ULTIMATELY [inaudible]
YOU KNOW.
THE FALL PUBLIC AGENCIES WE WANT
TO MAKE SURE ARE ARE USING THE
TAXPAYER DOLLARS WHILE THE
PROVIDE GOOD PUBLIC SERVICES SO --
WHAT WHAT WHAT ARE THE REMAINING
AQUINNAH CORE CONCERNS FOR OUR
PUBLIC AGENCIES SO AGAIN IT'S
WHAT WE GO A WEEK WE CONTRACT
FOR A LOT OF VERY SERVICES -- IT
COULD BE FOR EMPLOYEES FOR
CERTAIN PROJECT TO COULD BE TO
DO A PROJECT -- THE FORD SOME OF
OUR SOME SMALLER SPECIAL
DISTRICTS THAT HAVE ONE OR TWO
EMPLOYEES -- VIRTUALLY
EVERYTHING THAT THAT THEY'RE
DOING IS A A CONTRACT OF SOME%
KIND.
THE FEAR IS THAT THE WE'RE GOING
TO HAVE A REDUCTION IN THE
NUMBER OF COMPANIES THAT WOULD
BID ON THE PROJECTS WERE PUTTING
OUT FOR BID.
BECAUSE THEY DON'T WANT TO BE
SUBJECT TO THE DISCLOSURE
REQUIREMENTS -- THAT THAT ARE.
THE RESULT OF THIS BILL -- ONE
OF THE THINGS THAT THE WE
RECEIVED RIGHT NOW IN CONTRACTS
IS ADDITIONAL INFORMATION WHERE
FOLKS SHOULD RIGHT ON IN THE IN
ON THE CONTRACT -- THIS IS A
TRADE SECRET BUT THEY'RE TRYING
TO PROVIDE US IS IS MUCH
INFORMATION AS THEY CAN WHEN WE
GO THROUGH THE DECISION MAKING
PROCESS ON WHICH BITS WE'RE
GOING TO PROVE OR NOT.
SO THE RESULT IS THAT THEY WERE
GOING TO HAVE LESS FOLKS
SUBMITTING BIDS OR THERE'S GOING
TO BE LESS INFORMATION INCLUDED
IN THE BIZ FOR US TO MAKE THAT
DECISION.
NOW IT I'M NOT SURE HOW DRAMATIC
THIS IS GOING TO BE BUT IS A
GOOD IT IS A CONCERN AND THAT'S
WHAT SAID WHERE WE'RE GOING TO
EVALUATE OUR POSITION ON THIS
BILL.
AFTER THIS COMMITTEE THE MEMBERS
ARE ARE ARE NEW IS FAR AS
REMOVING SECTION TWO WHICH IS
OUR MAJOR CONCERN.
THE LITIGATION COSTS BUT IT'S UP
TO THE WE'RE WE'RE WE AT I NEED
TO GO TO MY MEMBERSHIP TASK.
IS THIS IS A MATTER OF A NEW
MEMBER.
I OKAY YES SIR DID YOU WANNA
YEAH INTO THE CHURCH I MEAN
THERE'S TWO ISSUES RAISED THE
LITIGATION ISSUE IS WHAT WE'RE
TRYING TO ELIMINATE.
THAT'S THE FIRST THING RIGHT NOW
PUBLIC INTEREST GROUP A GROUP
LIKE MINE IF THE IF AN AGENCY IF
A COMPANY SAYS IT'S A TRADE
SECRET EVEN AND THEY NOTED IN
THEIR DOCUMENT.
BUT IT'S NOT A TRADE SECRET OR
WE ARE THE PUBLIC A WE DETERMINE
IT'S NOT ATTRACTIVE.
WE OFTEN HAVE TO SUE TO GET IT
AND WE ARE THE MONEY TO DO THAT
SO THAT'S LITIGATION CHAU TRAN
TAKE THAT OFF THE TABLE IN A
VERY TO CLARIFY A VERY NARROW
SET OF THINGS.
ON THE COMPANIES WON'T BID I
JUST WANTED TO SAY I HAVE BEEN A
PART OF MANY MANY ADVOCATE
CAMPAIGNS AND LAWS OVER THE
YEARS DOMESTIC CONTENT LIVING
WAGE -- DOMESTIC PARTNERSHIP.
THIS THE EXACT SAME THING IS
SAID EVERY TIME I MIDDLE FOR A
CUP OF CROSS THE COUNTRY NOBODY
WILL BID.
THEY SAID THAT IT LE LA ACTS
WHICH I FLY IN AND OUT OF TOO
FREQUENTLY.
THAT'S A NOBODY WILL BE JUST
WORRIED ABOUT AGAIN I'M JUST
SAYING BUT WHAT YOU GET A MUCH
I'M TELL YOU THE LA X. EXAMPLE
BECAUSE IT'S A REALLY GOOD ONE
SMALL BUSINESSES WILL NEVER BID.
FOR THE ON THE LIVING WAGE
REQUIREMENTS -- IN THE AIRPORT
FOR THE VENDORS FOR THE
CONCESSIONAIRES E NOW HAVE THE
MOST DIVERSE HOMEBOY INDUSTRIES
THAT WE HAVE THE MOST DIVERSE.
A GROUP OF CONTRACT
SUBCONTRACTORS AND BUSINESSES
AND RESTAURANTS THAN EVER BEFORE.
SO IN FACT IT DOES QUITE THE
CONTRARY THE CREATES A LEVEL
PLAYING FIELD AND TRANSPARENCY
THE PEOPLE CAN BID THE PEOPLE
AND UPDATING IN.
MORE IS OUR EXPERIENCE.
RIGHT.
AT THE OTHER.
ONE I WANT.
OKAY I JUST THE ISSUE WE WANT.
THEY HAVE -- TO WHAT THEY AGREE
WHEN A COMPANY AGREES AND GETS
INTO AN AGREEMENT WITH US WITH
THE STATE RIGHT.
THEY SAY THEY'RE GOING TO DO
CERTAIN THINGS.
WE WANT THE THE COMPLIANCE WE
WANT THAT INFORMATION WE WANT TO
KNOW THAT IN FACT THEY'RE
THEY'RE DOING IT.
AND THAT'S SOMETHING THAT ALL OF
US SHOULD WANT THAT KIND OF
TRANSPARENCY THAT KIND OF
ACCOUNTABILITY.
A SENATOR STERN THANK YOU MADAM
CHAIR -- JUST TO RUN THROUGH A
FEW EXAMPLES I GET MY HEAD
WRAPPED AROUND WHERE THIS MIGHT
APPLY AND WE'RE NOT -- FILM TAX
CREDIT.
CALIFORNIA FILM TAX CREDIT WE WE
THERE'S JOBS REQUIREMENTS AND
THERE IS THIS.
THIS IS IN THIS IS IN THE SCOPE
OF THAT RIGHT ABSOLUTELY RIGHT
AND THEN.
WE HAVE A I THINK A BY CLEAN AND
WE'VE NEVER THAT I'VE NEVER
HEARD AND PROBLEMS WITH THE BILL
IN NOBODY IN THE ENTERTAINMENT
INDUSTRY IS TAKING ADVANTAGE OF
HAS EVER SAID.
THAT'S A TRADE SECRET AND THAT
WAS ACTUALLY WITH THE
LEGISLATURE SAYS THAT WE WANT TO
SEE THE JOB BEFORE YOU YOU KNOW
WE GIVE YOU THE TAX CREDIT --
BUT WHAT ABOUT -- THE THE THE
THE THERE'S A BITE I THINK IS A
BONTA BILL A BOT BY CLEAN
PROVISION ABOUT AND SORT OF THE
GREENHOUSE GAS DO YOU KNOW IN
THIS THAT THAT CONTEXT. FOR
GREENHOUSE GAS RELATED I THINK
YOU'VE GOT A BY YOU KNOW I DON'T
KNOW THE SPECIFIC PROGRAM WHAT I
CAN SAY IS THAT.
COMPLIANCE WITH THOSE PROGRAMS
ARE GENERALLY GOING TO BE NOT
GENERALLY ARE GOING TO BE
DOCUMENTS THAT ARE JUST CLOSABLE
UNDER THE CPR ATHE ISSUE IS
WHETHER WE HAVE TO GO TO YEARS
OF LITIGATION RIGHT I REALLY
SENSITIVE TO THE PUBLIC AGENCIES.
SIDE OF THIS I THINK WHAT WE'RE
DOING HERE RIGHT NOW IF THEY GET
A GOVERNMENT RECORDS REQUESTS.
THEY HAVE TO DO THIS DIFFICULT
ANALYSIS AND THEY'RE FORCED TO
DECIDE BETWEEN THEIR
REQUIREMENTS OBLIGATIONS ON THE
CPR A AND THE THREAT OF A THIRD
PARTY LAWSUIT.
NOW THEY DON'T.
RIGHT AND INDIVIDUAL FIRE
EXACTLY NEW FLYER LOST
EVENTUALLY BUT YOU'RE SAYING WE
HAD A SCRAPPY NONPROFIT TO HAD
TO DO OVER TWO YEARS OF
LITIGATION. TO GET BASIC RECORDS
ABOUT COMPLIANCE WITH THE
PROGRAM THERE WAS REQUIRED TO BE
INCLUDED INTO A FIVE HER MILLION
DOLLAR CONTRACT A PROMISE WAS
MADE.
AND AND I AGAIN.
THAT THAT.
LAWSUIT THE ANALYSIS OF THE
COURT WAS SPOT ON THESE ARE
CATEGORIES OF DOCUMENTS.
ARE ALREADY DISCLOSE BORN OF THE
CPR IT IT JUST DOES THE DOES THE
PUBLIC AGENCY HAVE TO DO THAT
ANALYSIS IN THE POTENTIALLY BE
SUED
AND YOU DON'T ANSWER THIS ONE
TODAY BUT IN JUST OF THE LAST
EXAMPLE WE JUST HAD A LONG
HEARING ABOUT OVERHAULING THE
DMV.
AND ALL THE PROCUREMENT THEY
WERE GOING THROUGH EVEN IS GET
THEM TO USE A CREDIT CARD AT THE
DMV IS I THINK THAT'S AN ACTIVE
THERE'S ACTIVE SOLICITATION SOME
KIND ARE IF -- I THINK IS OUT ON
THE STREET RIGHT NOW ON THAT.
IF THERE AREN'T.
IF THERE AREN'T SORT OF
PROCUREMENT STANDARDS ALREADY
BUILT INTO LAW THAT SAY WHAT
KIND OF JOBS YOU'VE GOT TO
DELIVER OR OTHER WAGE
REQUIREMENTS.
THEN THIS DOESN'T APPLY IT'S
IT'S ONLY SORT OF FOR THE IN
FISCAL DOESN'T TOUCH THAT.
OKAY.
THANK YOU THANK YOU ALL RIGHT
ANY FURTHER QUESTIONS.
SENATOR TO RAZA WOULD YOU LIKE
TO CLOSE.
WHEN THE THANK THE WITNESSES FOR
BEING ERE AND ALL BRING IN ALL
THEIR EXPERIENCE TO BEAR AND I
ASK FOR AN AYE VOTE THANK YOU?
THANK YOU SIR MOTION.
WE'LL BY SENATOR STERN THE
MOTION IS DO PASS AS AMENDED TO
SENATE APPROPRIATIONS PLEASE
CALL THE ROLL.
JACKSON HI JACKSON AYE BORDERS.
ALAN [inaudible]
CABALLERO [inaudible]
I JONES.
JONES NO MONNING.
STERN.
STERN AYE UMBERG.
WHITE HOUSE SKI. THREE OF THE
BILL IS ON CALL THANK YOU
SENATOR DRAWS SO.
THANK YOU EVERYBODY AND NEXT UP
WE HAVE I BELIEVE SENATOR
BRADFORD IS UP NEXT.
FILE ITEM.
TWENTY ONE X. -- YES FILE ITEM.
TWENTY ONE AND CENTER WILL.
WILK WILL WAIT JUST A MOMENT.
UNTIL THE PEOPLE LEAVE SO WE CAN.
HAVE SOME QUIET [inaudible]
ATLANTA.
THE TO GET OUT MORE
.
MICHAEL OF WHAT'S GONNA
[inaudible]
OKAY.
GOOD AFTERNOON CENTER BRADFORD
THE FLOOR IS YOURS A REMINDER
WITNESSES TWO MINUTES. TO
WITNESSES -- MAXIMUM PER SIDE A
TWO MINUTES EACH AND THEN ALL.
THOSE WHO WISH TO ADD ME TO USE.
WE'LL DO SO AT THE MICROPHONE IN
THE SITE SO CENTER BRADFORD THE
FLOOR IS YOURS FILE ITEM. TWENTY
ONE SB FIVE THIRTY FOUR THANK
YOU MADAM CHAIR YES I'M HERE TO
PRESENT FIVE THREE FOREIGN LET
ME FIRST SAY I ADDICTED
COMMITTEE AMENDMENT TO THANK
YOUR STAFF.
AND IF YOUR PERSON FOR WORKING
WITH US -- SB.
THREE FIVE HOW FOR HAS THREE
COMPONENTS FIRST WRIST ALICE'S
INSURANCE SUPPLIER DIVERSITY
SURVEY WHICH WAS -- SUNSET IT
EARLY JANUARY FIRST OF THIS YEAR
THE SURVEY REQUIRED EACH
INSURANCE COMPANY THAT COLLECTS
A MINIMUM OF A HUNDRED MILLION
DOLLARS ANNUALLY IN PREMIUM FROM
CALIFORNIANS TO REPORT.
ON THEIR EFFORTS TO PROCURE
GOODS AND SERVICES FROM DIVERSE
BUSINESSES HERE IN CALIFORNIA
THE TRANSPARENCY ACHIEVED
THROUGH THE SURVEY.
HIGHLIGHTED THE IMPORTANCE OF
DIVERSE.
CONTRACTING WITH AN INSURANCE
INDUSTRY AS A RESULT
CALIFORNIANS INSURANCE
PROCUREMENT WITH DIVERSE HOME
BUSINESSES.
ROSE BY 93% OVER THE LAST FIVE
YEARS SB. FIVE FIVE THREE FOUR
INSURERS THAT THIS DATA CAN
CONTINUE TO BE COLLECTED
INCLUDES.
DIVERSE COMMUNITIES THAT HAVE
BEEN HISTORICALLY EXCLUDED SUCH
AS THE LGBT AND ARE VETERAN
OWNED BUSINESSES.
SECOND SB THREE FIVE FOUR
CODIFIES THE GOVERNING BOARD
DIVERSITY SURVEY DESIGNED TO
IMPROVE DIVERSITY AT THE HIGHEST
LEVELS OF GOVERNMENT AN
INSURANCE INDUSTRY.
THE SURVEY IS.
ENTIRELY VOLUNTARILY AND GIVES
EACH BOARD MEMBER THE
OPPORTUNITY TO SELF REPORT THEIR
DEMOGRAPHIC INFORMATION TO THE
APARTMENT OF INSURANCE.
I IN TWO THOUSAND AND SEVENTEEN
IT WAS REPORTED TO THE
DEPARTMENT OF INSURANCE THAT 80%
OF THE INSURANCE COMPANIES
GOVERNING BOARD SEATS WERE HELD
BY MEN IN ONLY 12% OF THOSE
BOARDS.
OUR SEATS WERE HELD BY PEOPLE OF
COLOR.
AND OF THE NEARLY TWENTY FOUR
HUNDRED PORTS SHEETS ONLY
FOURTEEN MEMBERS SELF IDENTIFIED
AS LGBT. 13% REPORTED ZERO WOMEN.
AND 35% REPORTED ZERO PEOPLE OF
COLOR ON THEIR GOVERNING BOARDS
RESEARCH SHOWS THE BOARD TO
BETTER EQUIPPED TO MAKE INFORMED
DECISIONS AND CARRY OUT THEIR
FIDUCIARY DUTIES WHEN THEY HAVE
A DIVERSE MIX OF BOARD MEMBERS
FROM DIFFERENT BACKGROUNDS
EXPERIENCES IN COMMUNITIES.
IT IS VITAL THAT WE CONTINUE TO
COLLECT THIS DATA IN ORDER TO
FIND THE BEST APPROACH IS -- TO
EVALUATE INCREASE DIVERSITY IN
INSURANCE MARKETS.
LASTLY SB. THREE FOUR FIVE THREE
FORM SORRY CODIFIES INSURANCE
DIVERSITY TASK FORCE TO TASK
FORCE IS COMPRISED OF UP TO
FIFTEEN MEMBERS APPOINTED BY THE
INSURANCE COMMISSIONER TO
REPRESENT INSURANCE COMPANIES.
EXPERTS IN SUPPLIER DIVERSITY IN
GOVERNING BOARD DIVERSITY AND
DIVERSE BUSINESS ENTERPRISES THE
TASK FORCE ADVISES AND PROVIDES
RECOMMENDATIONS TO DEPARTMENT OF
INSURANCE ON HOW THEY CAN BEST
MEET.
THEIR DIVERSITY GOES SB FIVE
THREE FOUR INSURED SAID MEAN FOR
DATA CONTINUES TO BE COLLECTED
AND BILLS UPON THE PREVIOUS
EFFORTS. TO ENSURE THAT
CALIFORNIA TURNS INDUSTRIES
INCLUSIVE AND DIVERSE -- HERE
WITH ME TODAY AS MICHAEL
MARTINEZ WHO'S A SIP -- SENIOR
DEPUTY -- COMMISSIONER -- AND
LEGISLATIVE DIRECTOR FOR THE
DEPARTMENT OF INSURANCE OUR
RESPECT LESTER AYE VOTE THANK
YOU VERY MUCH -- GOOD AFTERNOON --
TOM'S COULD EVENING THE GOOD
AFTERNOON TWO MINUTES IF YOU
WANT.
WORSE GOOD AFTERNOON MICHAEL
MARTINEZ HER BEHALF OF INSURANCE
COMMISSIONER RICARDO LARA PROUD
TO BE THE SPONSOR OF THIS
MEASURE IN PARTNERSHIP WITH
SENATOR BRADFORD.
ASK YOUR AYE VOTE ON THIS
MEASURE THIS WILL CONTINUE YEARS
LONG EFFORT AT THE DEPARTMENT
WITH REGARDS TO SUPPLIER
DIVERSITY TO CONTINUE THAT AS
WELL AS BOARD DIVERSITY FOR
BOARDS OF DIRECTORS.
FOR A VARIETY OF IN OF INSURANCE
MEMBERS AND REALLY ALLOW
CALIFORNIA CONTINUE TO LEVERAGE
THE VAPID THE RAPID GROWTH OF
INSURANCE SECTORS ROLE IN
CONTRIBUTING TO LOCAL ECONOMIES
THROUGHOUT THE STATE'S.
AND SO THIS IS BEN THIS
DIVERSITY INITIATIVE HAS BEEN
GOAL AS BEEN IN EXISTENCE SINCE.
TWENTY ELEVEN AND AGAIN WE
STRONGLY SUPPORT THIS MEASURE TO
CONTINUE THE GOOD WORK THAT THIS
INITIATIVE HAS.
HAS -- BEEN ABLE TO DO.
WE KNOW THAT THEIR DO CONTINUE
TO REMAIN -- REMAINING CONCERNS
AND THAT THE INSURANCE
COMMISSIONER INSURANCE
COMMISSIONER RICARDO LARA WITH
SENATOR BRADFORD THAT WE
CONTINUE TO WORK.
ON THIS CONCERNS AS AS THE BILL
MOVES FORWARD AND AND AGAIN ASK
FOR YOUR AYE VOTE ASTHIS BILL
MOVES FORWARD IN THE PROCESS
THANK YOU THANK YOU VERY MUCH
OTHER WITNESSES IN SUPPORT.
MADAME CHIANG COMMITTEE MEMBERS
TAMMY MARTIN ON BEHALF OF
EQUALITY CALIFORNIA IN STRONG
SUPPORT.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
WITNESSES IN OPPOSITION.
CHAIR AND MEMBERS JOHN TREATMENT
ASSOCIATION A CALIFORNIA LIFE
AND HEALTH INSURANCE COMPANIES
WE'VE TAKEN OPPOSE UNLESS
AMENDED POSITION AS WE CONTINUE
TO WORK THROUGH SOME ISSUES WITH.
THE AUTHOR AND SPONSORS.
I THINK WE'RE ON THE RIGHT TRACK
WE'RE MAKING GOOD PROGRESS AND
WE HAVE NO PROBLEM THE BILL
DANCING TODAY'S WE CONTINUE TO
WORK ON IT.
THANK YOU GOOD THANK YOU.
A GOOD AFTERNOON SERIN TAYLOR
WITH THE PERSONAL INSURANCE
FEDERATION CALIFORNIA ECHO THE
COMMENTS OF MY COLLEAGUE IN WE
HAD GREAT CONVERSATIONS WITH
INSURANCE COMMISSIONER IN THE
AUTHOR AND LOOK FORWARD TO
WORKING WITH THEM SO MARK.
VERY GOOD ANY OTHER WITNESSES IN
BETWEEN IN BETWEEN.
NO TWEENER SNOW OPPOSITION OF
QUESTIONS FROM THE DíAS
[inaudible]
SENATOR BORCHERS -- WE'D WE
DEALT WITH THIS -- BRIEF I THINK
THIS WAS AN INSURANCE BEFORE --
SOMETHING STRUCK ME -- AGE TO
WORK AT A WHEN I WAS LOOKING AT
LAW FIRMS -- THERE WAS ONE THAT
I WAS RESEARCHING -- GO IN
DETAIL.
I CAME ACROSS SOMETHING THAT'S
THAT TALKED ABOUT HOW DIVERSE
THIS LAW FIRM WAS.
IN FACT THEY HAD ALL SORTS OF
OUR AFRICAN AMERICAN ATTORNEYS
WORKING THERE.
BUT THAT ASIDE I GO OVER THERE I
AND THEN EVENTUALLY END UP
WORKING THERE.
THERE WERE NO AFRICAN AMERICAN
ATTORNEYS THERE.
WAS COMPLETE BALONEY.
I GUESS I'M WITH. THREE ONE EDGE
THAT STRUCK ME IS.
IF YOU'RE DEALING WITH THE BOARD
OF DIRECTORS OR YOU'RE DEALING
WITH THE WORK FORCE AND GIVEN --
THE GIVEN ENERGY.
I POSE THIS QUESTION TO YOU LAST
AMERICAN ONE JUST FIGURED OUT A
LITTLE BIT.
IS THAT IF AN INDIVIDUAL.
I WITH THE INDIVIDUAL BE UNDER
ANY PRESSURE [inaudible]
IF.
EITHER THERE -- IN LGBT
COMMUNITY OR IF THEIR MINORITY.
TO REVEAL THEMSELVES OR IDENTIFY
THEMSELVES.
ARE HERE OR FUEL PRESSURE THAT
THE OPEN THEMSELVES UP TO BE
COUNTED. TO MAKE THE INSTITUTION
LOOK BETTER.
IN TERMS OF ITS HIRING AND IT'S
DIVERSITY PROFILE.
I AS YOU SAID IT'S REALLY IT'S
ONLY IF THEY DECIDED TO IT
THEMSELVES WHAT ABOUT THE
INTERNAL PRESSURE.
WITHIN THE ORGANIZATION ITSELF.
I CAN'T SPEAK TO THE INTERNAL
PRESSURE I WOULD HOLD THAT -- AN
EMPLOYER WOULDN'T FOR SOMEONE TO
DISCLOSE SOMETHING THAT THEY
WERE UNCOMFORTABLE WITH I MEAN I
HOPE.
IT WE WOULD MAINTAIN INTEGRITY
OF THAT FREEDOM -- TO ALLOW THEM
THE STATE ONE WAY OR THE OTHER.
I MEAN WHETHER YOU'RE
IDENTIFYING YOUR RACE OR YOUR
GENDER OR WHATEVER THE CASE MAY
BE SO THIS BILL DOESN'T
NECESSARILY ADDRESS THAT BUT IT
SPEAKS TO AGAIN A GATHERING THAT
INFORMATION WHICH IS VOLUNTARILY
PROVIDED -- TO THE INSURANCE
COMMISSIONER NOT NECESSARILY
FORCING SOMEONE TO REVEAL
SOMETHING THAT THEY ARE
COMFORTABLE WITH.
IS THE BILL MAKES IT VERY CLEAR
THAT THE THAT THE INSURER OF THE
INFORMATION IS TO BE VOLUNTARILY
REPORTED AND I APPRECIATE YOUR
CLARIFYING THAT AS WELL SO IT IS
INVOLUNTARY.
AND THE THIRD IS NO ADVERSE
ACTION THAT CAN BE TAKEN BY THE
BOARD SO THAT'S THE NEXT STEP SO
THERE IS.
ARGUABLY.
ADVERSE ACTION TAKEN YOU HAVE
THE A RETALIATION CLAIM IF IF
SOMETHING DOES OCCUR SO I THINK
THEY CAPTURED IT AND HOPEFULLY.
THE SPIRIT AND THE INTENT OF
THIS WILL BE.
UNDERSTOOD BY THE BOARD.
AND IF NOT THEN YOU KNOW
LITIGATION GOOD OLE LITIGATION
CAN ENSUE IF SOMEONE'S RIGHTS
HAVE BEEN VIOLATED.
RIGHT ANY OTHER QUESTIONS AND
COMMENTS.
SEEING NONE SENATOR BRADFORD
THERE'S A MOTION WOULD YOU LIKE
TO CLOSE YES I JUST WANT TO
THANK YOU AGAIN THIS IS A
VOLUNTARY MEASURE AND WE'VE SEEN
THE SUCCESS OF THIS MEASURE OVER
THE LAST. EIGHT YEARS THAT IT
HAS BEEN IN PLACE -- WE'VE SEEN
THE SUCCESS IN UTILITY SPACE
OVER THE LAST THIRTY YEARS WITH
SUPPLIER DIVERSITY ENERGY IN
ORDER ONE FIFTY SIX WERE.
THIS YEAR WILL REPRISE APPROACH
A BILLION DOLLARS TO SPEND AND
WITH THE MINORITY AND WOMEN
OWNED COMPANIES AND I THINK THE
SAME SUCCESS AN OPPORTUNITY
PRESENTS ITSELF IN THE INSURANCE
INDUSTRY THAT'S STILL PRETTY
MUCH -- EXCLUDED FROM ARE REAL
DIVERSITIES SO -- WITH THAT KNOW
WHAT I RESPECTFULLY ASK FOR YOUR
AYE VOTE.
THANK YOU FIGHT THE MOTION IS TO
PASS AS AMENDED TO SENATE
APPROPRIATIONS PLEASE CALL THE
ROLL.
JACKSON HI JACKSON I BORDERS
[inaudible]
ALAN.
CABALLERO.
CABALLERO I'D JONES [inaudible]
MONNING.
MONEY AYE STERN.
STERN AYE UMBERG.
WHITE HOUSE SKI HI MY CASKEY AYE.
THE BILL HAS FIVE VOTES -- WE
WILL KEEP IT ON CALL FOR THE
ABSENT MEMBERS THANK YOU CENTER
AND A MANAGER REMEMBER SEEING
HERE ON BEHALF OF A COMMISSIONER
LORE.
ALL RIGHT NEXT UP IS SENATOR
GLAZER
TO LEAVE FROM THE PRIOR --
THE BILL SO THAT WE CAN HAVE
SOME QUIET
.
SENATOR GLAZER -- IS GOING TO BE
PRESENTING SB SIX TWENTY ONE I
WOULD LIKE TO ACQUIRE.
I KNOW THAT -- SENATOR ALLEN --
INDICATED THAT.
THERE WERE A NUMBER OF
AMENDMENTS TAKEN IN US HE Q.
ENVIRONMENTAL QUALITY LAST
WEEKEND HE DID REQUEST AN
ADDITIONAL AMENDMENT THAT I KNOW
THAT HE HAD BEEN TALKING WITH
YOU ABOUT.
PRIOR TO THIS PROCEEDING -- I'M
ASSUMING HE'LL BE BACK TO ASK
YOU ABOUT IT BUT I'M HOPING THAT
THAT IS AN AMENDMENT -- THAT YOU
ARE WILLING TO TAKE AS WELL AS
SAD THOUGH IF YOU COULD GIVE US
AN INDICATION OF WHERE YOU STAND
ON I HAVEN'T SEEN THE OF THEM AT
YOU HAVEN'T SEEN THE AMENDMENT.
I HAVE HAD CONVERSATIONS WITH
SENATOR ALLEN BUT I'VE NOT SEEN
THEM NOW.
ALL RIGHT BASED UPON YOUR
CONVERSATIONS WITH SENATOR ALLEN
ARE YOU PREPARED.
TO ACCEPT AN AMENDMENT THAT --
INCLUDES THE PROVISIONS THAT HE
IS DISCUSSED WITH YOU.
MADAM CHAIR IHAVEN'T SEEN THE
AMENDMENTS IN WRITING I'VE HAD
YEAH GENERAL BROAD CONVERSATION
WITH HIM HAPPY TO CONTINUE THAT
CONVERSATION HERE TODAY OF
COURSE.
BUT I I'LL ASKING ME TO AGREE TO
SOMETHING I HAVEN'T SEEN OKAY
JUST THE CONCEPT NOT NECESSARILY
THE LANGUAGE BECAUSE IT IT MAY.
INFLUENCE SOME OF THE OTHER.
OF VOTES HERE.
YEAH -- BUT WE SHOULD HAVE THE
CONVERSATION FRAZIER ABSOLUTE
RIGHT GOOD WE WILL DO THAT THEN.
SO -- I DON'T KNOW WHERE SENATOR
ALLEN IS BUT MY UNDERSTANDING IS
THAT HE WANTED TO HAVE THAT.
DISCUSSION AND I WOULD BE
INTERESTED IN IT AS WELL
MEANWHILE -- THIS OF MEASURE IS
A DO PASS RECOMMENDATION.
THE AS AMENDED TO SENATOR PROBE
SO WOULD YOU ARTICULATE FIRST
THE AMENDMENTS THAT YOU'RE
ALREADY PREPARED TO TAKE.
ABSOLUTELY AT THANK YOU AND
THANK YOU YOU AYE MADAM CHAIR
AND YOUR STAFF FOR WORKING WITH
US ON THE BILL -- THE TWO
AMENDMENTS THAT I'VE AGREED TO
ACCEPT OUR AN AMENDMENT THAT
ELIMINATES THE INJUNCTIVE RELIEF
PROVISION OF THE BILL.
AND NUMBER TWO ADDING A RESEARCH
COMPONENT TO THE BILL -- SO
THOSE OF THE AMENDMENTS THAT
WE'VE DISCUSSED I THINK ARE
DETAILED IN THE ANALYSIS AND I'M
PREPARED TO ACCEPT BOTH OF THOSE
TODAY.
ALL RIGHT IF YOU LIKE TO PROCEED.
OKAY.
VERY GOOD WELL AT SB SIX TWENTY
ONE WOULD DO FOR AFFORDABLE
HOUSING WHAT WE HAVE DONE -- FOR
BILLIONAIRES AND THEIR SPORTS
ARENAS AND EVEN FOR OUR OWN
LEGISLATIVE PARKING STRUCTURE
OVER THE PAST DECADE.
BY PROVIDING JUDICIAL
STREAMLINING TO AFFORDABLE
HOUSING PROJECTS THAT MEET
CERTAIN ENVIRONMENTAL STANDARDS.
I'M GONNA TALK ABOUT THE
STANDARDS IN JUST A MOMENT.
DURING HIS STATE OF THE STATE
ADDRESS GOVERNOR NEWSOME SAID
QUOTE IN RECENT YEARS.
WITH EXPEDITED JUDICIAL REVIEW
ON SEQUEL FOR PROFESSIONAL
SPORTS TIME TO DO THE SAME THING
FOR HOUSING AND QUOTE.
SB. SIX TWENTY TWENTY ONE DOES
JUST THAT.
THE END IN FACT THE CALIFORNIAN
VIRAL QUALITY ACT IS THE
HALLMARK OF CALIFORNIA'S
DEDICATION TO PROTECTING THE
ENVIRONMENT.
AND OUR STATE'S BROADEST
ENVIRONMENTAL LAW.
THIS BILL OF HOLDS ALL OF THE
ENVIRONMENTAL STANDARDS ALL OF
THEM.
AND THE REVIEWS THAT ARE IN THIS
SEQUEL REQUIREMENTS.
DOES NOT LIMIT PUBLIC'S ABILITY
TO OBJECTIVE PROJECTS UNDERSEA
QUITE NOR DOES IT GRANT ANY NEW
EXEMPTION NO NEW EXEMPTIONS TO
SEE QUOTE.
THE PROCESS OF PUBLIC INPUT
DEVELOPING AN ENVIRONMENTAL
IMPACT REPORT.
AND THE ABILITY TO CHALLENGE A
PROJECT ALL REMAIN INTACT.
THIS BILL SIMPLY ESTABLISHES A
SET TIME PERIOD IN WHICH THE
COURT OVERSEEING A SECRET
CHALLENGE WHICH MANY FOLKS SAY
ARE VERY FEW AND FAR BETWEEN.
I IT JUST SETS A TIMELINE FOR
WHEN THOSE POTENTIAL CHALLENGES
TO AN AFFORDABLE HOUSING PROJECT
AS DEFINED IN THIS BILL MUST BE
COMPLETED.
FURTHERMORE AMENDMENTS TAKEN IN
THE LAST COMMITTEE MAKE SURE
THAT THE PROJECT.
THAT USE THE STREAMLINING.
MEET THE HIGHEST ENVIRONMENTAL
STANDARDS INCLUDING BEING NEAR
MAJOR TRANSIT STOPS AND
COMPLYING WITH ENVIRONMENTAL
FRIENDLY BUILDING STANDARDS --
THE PROCESS THAT'S CREATED BY
THIS BILL CREATES MORE LEGAL
CERTAINTY FOR AFFORDABLE HOUSING
PROJECTS.
WHILE ADVANCING THE KIND OF
PROJECTS THE STATE IS FOUND TO
BE INCLUSIVE AND SAFE FOR THE
ENVIRONMENT.
BILLS IS SUPPORTED BY A BROAD
COALITION OF HOUSING ADVOCATES
NONPROFITS AND BUSINESS GROUPS.
AND WITH THAT -- MADAM CHAIR I
THANK YOU FOR YOUR CONSIDERATION
I HAVE KATHY GILL SINGH HERE
WITH THE CALIFORNIA BUILDING
INDUSTRY TO SHARE THOUGHTS AS
WELL.
AND I THINK OFFICIALLY GOOD
AFTERNOON.
GOOD AFTERNOON MADAM CHAIR AND
MEMBERS CASSIE GILSON HERE ON
BEHALF OF THE CALIFORNIA
BUILDING INDUSTRY ASSOCIATION
AND ALSO THE CIVIL JUSTICE
ASSOCIATION OF CALIFORNIA IN
SUPPORT OF THE BILL.
I'M SO MUCH OF THE DISCUSSION
THAT WE HAVE AROUND SEQUIN IN
THIS BUILDING IS COUCHED IN
HYPERBOLE REALLY ON BOTH SIDES
AND THIS BILL.
I THINK STUDIOUSLY AVOIDS THAT
TO TRY TO DO SOMETHING VERY VERY
NARROW WHICH IS TO FOLLOW THE
DIRECTION THAT HAS BEEN LAID OUT
BY THIS COMMITTEE BY THE
ENVIRONMENTAL QUALITY COMMITTEE
AND INDEED THE LEGISLATURE AND
SAY. FOR SOME PROJECTS WHICH ARE
REALLY THE BEST AND THE
BRIGHTEST WE WOULD LIKE THE
RESOLUTION OF LITIGATION AROUND
THOSE PROJECTS TO HAPPEN AS
EXPEDITIOUSLY AS POSSIBLE AND AS
THE SENATOR.
SAID THIS ISN'T JUST ALL
AFFORDABLE HOUSING AND WITH MY
SEE I HAD ON I WOULD MAKE IT.
AN ARGUMENT FOR WHY IT OUGHT TO
BE BUT THAT'S NOT WHAT THIS BILL
DOES IT SAYS JUST THE VERY BEST
THAT A. R..
TRANSIT ORIENTED THAT ARE SMALL
THAT ARE IN FILL THAT HAVE
AFFORDABILITY COMPONENTS TO THEM
AND THAT MEET A LEED GOLD
STANDARD SO ONE OF THE HIGHEST
ENVIRONMENTAL STANDARDS WE HAVE
FOR THE BUILT ENVIRONMENT.
WHEN THOSE PROJECTS HAVE GONE
THROUGH A FULL AND THOROUGH SEEK
REVIEW AND COMPLIED WITH ALL THE
APPLICABLES ENVIRONMENTAL LAWS
AND ALSO HOLD UP?
THE SEQUENCE CRITICAL PUBLIC
ENGAGEMENT STANDPOINT SO SORT OF
ANTICIPATING CRITICISM THAT SOME
OF MY DEAR FRIENDS AND
COLLEAGUES THAT REPRESENT
DISADVANTAGED COMMUNITIES HAVE
ALL OF PEAK OF SEQUENCE PUBLIC
ENGAGEMENT -- OFFICES ARE
PRESERVED AND MAINTAINED IN THIS
BUT THOSE BILLS ONCE A LOCAL
GOVERNMENT HAS SAID WE WANT THIS
VERY HIGH QUALITY AFFORDABLE
HOUSING PROJECT AND WE'RE
APPROVING IT.
IT DOESN'T CONSTRAINED ANYBODY'S
ABILITY TO CHALLENGE THAT
DECISION IT JUST SAYS WHEN IT
GETS TO THE COURTS GIVEN THE
HOUSING CRISIS WE HAVE NOW WE'RE
ASKING YOU. TO APPROVE IT
QUICKLY -- AND AND I WILL SAY
THAT IT IT ALSO IMPORTANTLY
GIVES THE LEAVES THE DISCRETION
WITH THE COURTS THAT SAYS IF
FEASIBLE WE'D LIKE YOU TO
APPROVE THIS QUICKLY SO.
THEY'RE THE ONLY ONES WHO CAN
SEE THEIR DOCKET AND MANAGE IT
APPROPRIATELY BUT AGAIN GIVEN
THE MAGNITUDE OF THE HOUSING.
CRISIS I THINK THIS TELLS THEM
THAT THE LEGISLATURE RECOGNIZES
THAT AND WOULD LIKE THEM IF
POSSIBLE TO BE ABLE TO MOVE THIS
LITIGATION ALONG QUICKLY SO A
VERY NARROW BILL THAT REALLY
TRIES TO FOLLOW.
THE GUIDANCE AT THIS COMMITTEE
AND YOUR COLLEAGUES HAVE SET OUT
AND FOR THOSE REASONS WE SUPPORT.
THANK YOU OTHER WITNESSES IN
SUPPORT.
GOOD AFTERNOON OUT OF WRIGLEY ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE IN SUPPORT THANKS
THANK YOU.
DEBORAH CARLTON WITH THE
CALIFORNIA APARTMENT ASSOCIATION
IN SUPPORT.
THANK YOU.
JERRY I CAL HABITAT FOR HUMANITY
CALIFORNIA IN SUPPORT
[inaudible]
THANK YOU.
ANY OTHER WITNESSES IN SUPPORT.
WITNESSES IN OPPOSITION IF YOU
COME FORWARD [inaudible]
GOOD AFTERNOON. TWO MINUTES. TO
WITNESSES -- MEMBERS THEN VOTE
FOR THE JUDICIAL COUNCIL AND
OPPOSITION TO THE BILL.
THAT COUNCIL TAKES NO POSITION
ON SEEK WOULD GENERALLY OR THE
MERIT TO THE PARTICULAR PROJECTS.
THAT WOULD BE PROPOSED FOR
COVERAGE OUR SOLE CONCERN IS THE
ADVERSE COURT IMPACTS THAT BILLS
LIKE THIS HAVE.
BOTH IN TERMS OF THE FUNCTIONING
OF THE COURTS AND MORE
IMPORTANTLY ON THE ADVERSE
IMPACT ON LITIGANTS.
MOVED TO THE BACK OF THE LINE
WHEN YOU HAVE THIS ALTAR
XCELERATED CALENDAR PREFERENCE.
IS THIS COMMITTEES ANALYSIS
POINTS OUT SECRET CASES ARE
ALREADY ENTITLED THE CALENDAR
PREFERENCE AT THE TRIAL AND
APPELLATE LEVEL.
THERE SPECIALLY TRAINED JUDGE
REQUIREMENTS AND COUNTIES OF TWO
HUNDRED THOUSAND OR MORE.
THE TWO HUNDRED AND SEVENTY DAY
ALTER CALENDAR PREFERENCE FOR
THE SPECIAL CATEGORIES OF CASES.
AT WORK TO UNDERMINE THE
PUBLIC'S TRUST AND CONFIDENCE IN
OUR COURT SYSTEM IS A FAIR
ARBITER.
OF DISPUTES BECAUSE IT HAS THE
PRACTICAL EFFECT OF PUSHING ALL
OF THE CASES ON THE COURT'S
DOCKET TO THE BACK OF THE LINE.
EVEN CASES THAT THIS LEGISLATURE
HAS PRIORITIZED.
A COUPLE OF QUICK EXAMPLES.
AND A HOUSING DISCRIMINATION OR
AN EIGHTY A LAWSUIT BROUGHT BY
PEOPLE WITH DISABILITIES
ALLEGING DISCRIMINATION.
IN AFFORDABLE HOUSING PROJECTS
AMONG OTHERS THAT HAS BEEN
REPORTED IN THE PRESS THOSE
WOULD MOVE TO THE BACK OF THE
LINE -- HOMEOWNER BILL RIGHT
SECTION INSURANCE BAD FAITH
CASES INVOLVING THE RECENT
DEVASTATING FIRES OR THE MUD
SLIDES IN YOUR DISTRICT MADAM
CHAIR THOSE ALL WOULD MOVE TO
THE BACK OF THE LINE -- THESE
AND OTHER IMPORTANT CASES WOULD
ALL TAKE LONGER TO THE SIDE.
ANOTHER POINT THAT'S REALLY
IMPORTANT FOR ME TO STRESS TO
YOU TODAY.
IS THAT THE JUDICIAL CONSTRUCT
UPON WHICH THIS BILL AND IT'S
SIMILAR BILLS ARE BASED ON WITH
FLOOD FROM ITS INCEPTION AND IT
SHOULD NOT BE REPLICATED
EXPANDED.
BECAUSE IT'S BASED ON A FALSE
PREMISE.
THE UNDERLYING PREMISE FOR ALL
OF THESE BILLS IS THE CERTAINTY
THE ALLEGED CERTAINTY IN THE
AUTHOR JUST MENTIONED THAT
CERTAINTY. TO TO SUPPORT.
PROJECTS MOVING FORWARD THAT
FINANCING ISN'T POSSIBLE WITHOUT
THE CERTAINTY THAT WOULD COME
WITH THIS ULTRA TWO HUNDRED
SEVENTY DAY.
CALENDAR PREFERENCE IN THE REAL
WORLD THAT SIMPLY DOES NOT EXIST
THE TWO CASES THAT BEEN
LITIGATED UNDER AB.
NINE HUNDRED THE WARRIORS
LITIGATION AND EIGHTY ONE FIFTY
SENSIBLE OF OUR PROJECT.
IN LA BOTH HAD BOTH SEQUEL
LITIGATION AND NON SEQUEL
LITIGATION SO YOU HAVE THIS
PERVERSE SITUATION WHERE THE
SEQUEL LITIGATION.
MOVES VERY QUICKLY BUT THE NON
TAKE A PORTION MOVES UNDER OUR
NORMAL TIME LINE SO IT WE JUST A
BIT THAT THE CERTAINTY THAT
SUPPOSEDLY COMES WITH THIS GAME.
DOESN'T EXIST -- IN PRACTICE
HAPPY TO HEAR THAT -- THE
AUTHORS WILLING TO TAKE OUT THE
LIMITS ON INJUNCTIVE RELIEF --
BUT FOR ALL THE REASONS I JUST
MENTIONED THE COUNCIL
RESPECTFULLY AS OPPOSED TO NASRI
OR KNOW ABOUT THANKYOU NEXT
WITNESS PLEASE AND ALSO WAS THE
ARK OF CALIFORNIA -- IT IS OUR
VIEW THAT WHILE THE BILL'S
PROPONENTS DO YOU BELIEVE THAT
SEE QUALITY BECAUSE PROBLEMS ARE
INTACT SUCH AS THE PUBLIC IT --
PARTICIPATION PROCESS AS WELL AS
ENVIRONMENTAL REVIEW PROCESS --
SEEK WAS NOT FULLY INTACT IN
THAT.
JUDICIARY VIEWS BECAUSE ONLY
ENFORCEMENT MECHANISM AND WHEN
YOU SEE WE CAN ENFORCE A
MECHANISM YOUR WEAKENING SEQUEL
ITSELF -- EXPEDITIOUS REVIEW IN
GENERAL IS ABOUT PUBLIC POLICY
BASED ON THE PREMISE OF
PRIORITIZING BENEFITS FOR
DEVELOPERS OVER PLAINTIFFS
OPPORTUNITY TO FULLY HURT BE
HEARD.
AND DEVELOP THEIR CASE
APPROPRIATELY EVEN SO WHEN
LEGISLATURE'S GIFTED THESE
DEVELOPERS WITH THIS BENEFIT AS
PUT CONDITIONS ON THE PROJECT.
HOWEVER BECAUSE CALIFORNIA HAS
SOME OF THE LEADING GREEN
BUILDING CODES IN THE STATE IN
THE COUNTRY DEVELOPERS ARE
ALREADY REQUIRED BY LAW TO HAVE
SOME HIGH LEVEL ENVIRONMENTALLY
ROBUST DEVELOPMENT AND SHOULD BE
DOING SO.
THERE IS AN AND THERE IS A NEED
TO PROVIDE AN INCENTIVE TO TO BE
ENVIRONMENTALLY CONSCIOUS.
A MORE OVER BECAUSE HE WAS ONLY
ENFORCE A MECHANISM AS I SAID IS
THE JUDICIAL PROCESS THAT
RESULTS FROM INITIATING
LITIGATION.
SB SIX TWENTY ONES INTERFERENCE
WITH THESE PROCESSES WILL HAVE A
DETRIMENTAL EFFECT FOR THE
PUBLIC IN YOUR CONSTITUENTS.
THEIR SECRET PROCESS PROVIDE
PEOPLE AN OPPORTUNITY TO KNOW
ABOUT BRITISH TO PAY IN THE
PROCESS OF IN A PROCESS OF
MEDICAID.
MITIGATE ENVIRONMENTAL
DEGRADATION AND LITIGATION IT
HAS BROUGHT PURSUANT TO THIS
PROCESS IS THE ONLY ABILITY FOR
YOUR CONSTITUENTS ESPECIALLY
THOSE LIVING IN LOW INCOME AND
MINORITY COMMUNITIES. TO HAVE IT
TO MAKE SURE THAT THEY'RE THEY
BREED IN THE WATER THEY DRINK
IT'S CLEAN IS NOT HARMED BY
PROPOSED PROJECT.
BY PROVIDING EXPEDITED EXPEDITED
DISTRIBUTED FOR DEVELOPERS
YOU'RE TELLING YOUR CONSTITUENTS
THAT YOU'RE WE CAN YOUR OAK OF
OPENING YOUR OPEN TO WE CAN SEE
BECAUSE IN FOR SOME MECHANISMS.
AND THEREBY.
AND WE CAN AND THEY'RE JUST A
RIGHTS.
THIS IS ESPECIALLY TRUE FOR
COMMUNITY MEMBERS WEAR SUITS
LITIGATION WHILE WORKING ONE OR
TWO JOBS -- EXPOSURES REVIEW
ACTUALLY CHECKED TIPS THE SCALES
IN FAVOR FOR DEFENDANTS IN THE
LAWSUIT.
BY WORKING ON THEIR
ENVIRONMENTAL REVIEW DOCUMENT
AND HAVE THE UPPER HAND BECAUSE
THEY HAD ALL THE TIME RESOURCES
AND INFORMATION THAT WENT INTO
THE DOCUMENT.
OF DEFENDANTS WILL BE READY TO
LITIGATE WELL BEFORE THE PUBLIC
IN YOUR CONSTITUENTS EVER I'VE
SEEN A DRAFT MUCH LESS HAD TIME
TO REVIEW AND PREPARE THE CASE.
THE REST TIMELINE WILL LEAD TO
COMMUNITY SCRAMBLING TO PUT
TOGETHER RESOURCES SUCH AS
INFORMATION AS WELL AS FINANCES
ALL IN AN EFFORT TO MAKE SURE
THAT THE ENVIRONMENT THAT THEY
LIVE WOULD NOT BE DEGRADED THANK
YOU.
THANK YOU FOR YOUR TESTIMONY.
OTHER WITNESSES IN OPPOSITION
PLEASE IF YOU WOULD COME FOR
NAME AND AFFILIATION PLEASE.
ENTER MEMBERS AS OUR DELIVERY
HALF OF THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL
STRONG OPPOSITION THE BILL
FAILED TO HAVE THE ENVIRONMENTAL
PROTECTIONS OF OTHER
STREAMLINING MEASURES.
AND ALSO FAILS TO INCLUDE THE
LABOR PROTECTIONS AS INCLUDED IN
THE A. B. NINE HUNDRED PROCESS
WE ARE YOUR PROBLEMS.
THANK YOU.
MICHAEL YOUNG WITH CALIFORNIA
LABOR FEDERATION FOR THE REASONS
RELEASE PREVIOUSLY STRAIGHT
ROSSEL POST.
THANK YOU.
THANK YOU TO CREDIT WITH AN
ULTRA RESOURCES DEFENSE COUNCIL
IN OPPOSITION.
ACTUALLY WINNER WITH LEADERSHIP
COUNCIL FOR JUSTICE AND
ACCOUNTABILITY IN OPPOSITION
SEEK WAS A CRITICAL TOOL TO
PROTECT DISADVANTAGED
COMMUNITIES AND IN ORDER TO
DRESS THE HOUSING CRISIS WE MUST
PROTECTED NOT ERODED THANK THANK
YOU.
IF ANYTHING WITH THE CALIFORNIA
BY RELIGIOUS ALLIANCE AND ALSO
ON THE BEHALF OF THE SAN ANDREAS
PROBABLY ENVIRONMENT WE STRONGLY
OPPOSES BILL AND ARE CONCERNED
THAT -- UNIFIED LIMITS AND
ADDITIONAL REMEDIES AND OTHER
THINGS THANK YOU THANK YOU.
MELISSA ROMERO WITH THE
CALIFORNIA LEAGUE OF
CONSERVATION VOTERS WE'VE GOT
SOME CONCERNS WITH THE BILL THAT
SOME OF THEM ARE OUTLINED IN THE
ANALYSIS AND WE LOOK FORWARD TO
FOLLOWING UP WITH THE AUTHORS
OFFICE TO ADDRESS THOSE THANK
YOU.
THANK YOU. THOUSAND JOHNSON
PHYSICIANS FOR SOCIAL
RESPONSIBILITY LOS ANGELES AND
WE STRONGLY OPPOSES BILL.
THANK YOU.
ERIN RUBBER GONE WE HAVE FOR THE
CALIFORNIA JUDGES ASSOCIATION IN
OPPOSITION ALIGNED WITH THE
JUDICIAL COUNCIL THANK YOU.
THANK YOU VERY MUCH.
ANY OTHER WITNESSES IN
OPPOSITION HI BRINGING IT BACK
TO THE DYESS.
OF WE'LL START WITH SENATOR
ALLEN BECAUSE SENATOR ALLEN --
THERE WAS AYE AYE RAISED RIGHT
AT THE BEGINNING OF THE
CONVERSATION.
A PROPOSED AMENDMENT THAT WAS
CONSISTENT WITH THE AMENDMENTS
THAT YOU HAD PROPOSED.
IN I ENVIRONMENTAL QUALITY WHICH
THE AUTHOR HAD TAKEN.
OF MY UNDERSTANDING THE THE
AUTHOR INDICATES HE HAS NOT SEEN
THEM.
MY UNDERSTANDING THAT WAS THAT
THE STAFF HAS SEEN THEM.
AND I'D LIKE SOME CLARIFICATION
HERE -- AS TO WHETHER OR NOT
THEY ARE PART OF THIS DISCUSSION
OR OR NOT GOING TO BE PART OF
THE DISCUSSION AND THAT THAT GOT
I'M FINE EITHER WAY BUT I JUST.
WANT A CLARIFICATION LOOK FOR MY
PURPOSES ISRAEL'S PERHAPS OR
SHARE -- THIS PARTICULAR ISSUE
WAS NOT REYES AND IF I'M
QUALIFY UNDERSTAND -- HI SO AND
AND YOU KNOW APPARENTLY WE YOU
KNOW WE CHAIRED THE MEN'S OF
YOUR STAFF AND I GUESS THERE WAS
ROUBLE GETTING IN TOUCH WITH
YOU ON THROUGH THE DAY -- BUT I
KNOW THE CORE ISSUE. FOR ME IS --
BUT IT A MINUTE SO MANY LAYERS
TO THIS BILL.
I I I I I TOTALLY GET THE
JUDICIAL EXPEDITING CONCERNED
THE JUDGES HAVE I I KNOW THIS IS
THE END THIS IS OF IMPORTANT
ISSUE.
FOR OUR OUR COMMITTEE TO WAY I
THINK ON THE ENVIRONMENTAL SIDE
WE HAVE -- PUT IN PLACE PRETTY
DRAMATICALLY PRO ENVIRONMENT
STANDARDS AND ENVIRONMENTAL
QUALITY -- COMMITTEE THE IDEA
THAT EVERYTHING THE PROJECT
WOULD HAVE TO BE LEED CERTIFIED
GOLD.
IS A VERY HIGH STANDARD AND THE
FACT YOU'VE GOT A GOVERNOR NOW
TALKING ABOUT -- YEAH I I THINK
YOU IF IF IF IF THERE'S GOING TO
BE A PUSH FROM THE TOP
[inaudible] TO MAKE.
I ON YOU KNOW TO TO TO TO
REQUIRE FLEXIBILITY -- WITH THE
RIGHT TO SEE WHAT SO AS TO
ADDRESS OUR HOUSING SHORTAGE
FROM MY PERSPECTIVE -- YOU KNOW
IF WE CAN WALK OUT OF THIS WITH
LEAD GOLD HOUSING UP AND DOWN
THE STATE THAT IS A HUGE PLUS.
FOR THE ENVIRONMENT I AM NOW.
WITH THE WITH THE ONLY THING
THAT I WANTED TO LIKE DIG BEGIN
ON HERE AND IT'S THE ISSUE THAT
THIS THE CHAIR BRING UP.
IS THIS WHOLE QUESTION OF NOT
INCENTIVIZING CONSTRUCTION IN.
HIGH RISK FIRESTONE'S RIGHT THE
IDEA BEING THAT WE HAVE JUST
GONE THROUGH TWO OF THE TOUGHEST
YEARS.
IN MODERN CALIFORNIA HISTORY.
AND WE KNOW FOLKS WANT TO BUILD
AND BUILD AND BUILD IN A DEEPER
AND DEEPER INTO THE FOREST.
AND I JUST WOULDN'T WANT TO YOU
KNOW I I WOULDN'T WANT TO SEE US
IN THE NAME OF A PRO ENVIRONMENT.
AS YOU KNOW HOUSING CONSTRUCTION.
PROJECT -- EXACERBATE OUR FIRE
IS PROBLEMS I UNDERSTAND YOU
HAVEN'T PERSONALLY BEEN ABLE TO
SEE THE MAN'S I I DON'T QUITE
KNOW HOW THAT DIDN'T HAPPEN.
BUT ON YOU KNOW BUT AT BUT AT
THE VERY IT'S I I I DON'T EXPECT
YOU TO YOU TO ACCEPT THEM AND
YOU HAVEN'T SEEN.
BUT I I I DO I WANT TO ASK YOU.
WHETHER I AND AN ENEMY JUST
PARTS APART A LITTLE BIT LIKE.
WHAT YOU SEE IS AS YOU KNOW WHAT
WHETHER YOU'RE WILLING
[inaudible]
TO I DO YOU WANT THIS BILL.
DO YOU SHARE MIGHT MIGHT MY
DESIRE NOT TO INCENTIVIZE --
CONSTRUCTION THIS BILL IN HIGH
RISK FIRES ON THE CHAIR PLEASE
YEAH.
SO I CERTAINLY SHARE YOUR
CONCERN ABOUT THAT THAT ISSUE
SENATOR ALLEN -- AND WHAT I
DON'T KNOW -- IS YOU KNOW I I
DON'T HAVE A MAP OF ALL THE HIGH
RISK FIRE ZONES IN THE STATE I I
DON'T KNOW WHAT IT COVERS TODAY.
DOES IT COVER SANTA ROSA.
THAT MEANS SANTA ROSA COULD
REBUILD IF IT MEETS THE
DEFINITION OF THE BILL AND KEEP
IN MIND THE DEFINITION IS.
MAJOR TRANSIT.
UNDER TWO HUNDRED UNITS LEAD
GOLD APPROVED BY THE THAT
COMMUNITY I MEAN YOU GO TO ALL
THAT CREW CHOIR MINSITER IN THIS
BILL.
AND IS THAT GONNA STOP SANTA
ROSE IS THAT CONSIDERED A HIGH
RISK FIRES AND I HAVE NO IDEA I
I HAVE NO IDEA NOW.
DO I WANT TO STOP THE
INCENTIVIZING.
CONSTRUCTION IN PARADISE YES
THAT'S AN EASY ONE OKAY.
THAT'S AN EASY.
ONE I DON'T THINK IT WOULD NEED
THE DEFINITIONS OF THE BILL IN
THE BILL ANYWAY BUT NEVERTHELESS
I THINK PHILOSOPHICALLY.
WE'RE IN THE SAME PLACE ECEPT I
JUST DON'T KNOW WHERE THAT THAT
STANDARD APPLIES AND I DON'T
KNOW.
HOW IT MIGHT CHANGE AS WE WE
DEFINE WHAT OUR STATE LOOKS LIKE
UNDER?
CLIMATE CHANGE SO THAT'S NOT A
DIFFERENCE PHILOSOPHICALLY
BECAUSE I THINK WE'RE ALIGNED ON
THAT I JUST DON'T.
I JUST DON'T KNOW HOW I JUST
NEED TO KNOW THE ANSWERS TO
THOSE QUESTIONS THAT I'M SURE WE
CAN FIND ACCOMMODATION BUT I
JUST DON'T KNOW THE ANSWERS AS I
HEAR IT RIGHT NOW IN.
YOUR STUDENTS THIS NOT QUESTION
WHETHER THEY CAN DEVELOP OR NOT
IT'S A QUESTION OF WHETHER THEY
SHOULD GET THIS SPECIAL.
EXTRAORDINARY STREAMLINING.
WHICH AS I SAY I YOU KNOW I'M
OPEN TO YOU IF THERE'S A REAL
BENEFIT ASSOCIATED WITH IT.
ON SO I GUESS I I I WANT -- TO
YOU KNOW HAVE OPPORTUNITY. TO TO
TO JUST GET A BIT MORE
UNDERSTANDING WHAT YOU WANT TO
COMMIT TO AYE -- BEFORE CASTING
A VOTE ON THIS.
I AM SO THEY DIDN'T HAVE TO
HAPPEN DURING THIS PARTICULAR
RIGHT NOW BUT YOU KNOW OF THIS
BUT HEARING A PRIZE GOING UNTIL
EIGHT OR NINE TONIGHT.
SO WE GOT PLENTY OF TIME -- TO
TO JUST GET A BETTER SENSE OF OF
WHERE YOUR SO WITH THAT WITH
THAT INSPIRING NOTE -- THANK YOU --
SENATOR BORCHERS WITH THAT
INSPIRING OBSERVATION PLEASE
FEEL FREE.
TO ASK YOUR QUESTIONS I WANT TO
THANK THE CHAIR WOMAN FOR
ORDERING PIZZA AND APPARENTLY
WE'RE GOING TO BE HERE FOR SOME
TIME TO ACT -- BUT THERE WE GO
THERE WE GO -- I WANTED -- TO TO
CONGRATULATE YOU ON TAKING A
BITE I AT WAYS TO IMPROVE --
THIS PROCESS.
MY UNDERSTANDING BASED ON WHAT'S
BEEN REPRESENTED IN THERE IN THE
MATERIAL THAT I'VE READ IS.
YOU DON'T CHANGE SEEK WHAT.
YOU ARE TRYING TO EXPEDITE THE
JUDICIAL PROCESS ON ON CRITICAL
INFRASTRUCTURE THAT WE NEED IN
THIS STATE.
AND SO I KNOW A LOT OF FOLKS ARE.
GOING TO TRY TO COMPLETELY
ISSUES -- BUT I THINK IT'S
IMPORTANT THAT WE LOOK UPON THEM
WITH SEPARATION.
IS THAT SEEK WAS NOT BEING
UNDERMINED.
AND I THINK TO WHAT TWO HUNDRED
SEVENTY DAYS IS WHAT NINE MONTHS --
I CAN'T IMAGINE WHY.
THINGS CANNOT WRAP UP IN THAT
PERIOD OF TIME -- GIVEN THE FACT
THAT WE'VE CREATED EXCEPTIONS
FOR LARGE SPORT COMPLEXES AND
OTHER -- MAJOR AMENITIES THAT WE
CONSIDER A PUBLIC BENEFIT SO I I
THINK THIS IS A SMART MOVE.
IT'S NOT WITHOUT IT'S
CONTROVERSY I THINK CENTER ALLEN
BROUGHT UP A POINT THAT.
WE DON'T WANT TO ENCOURAGE --
EXPEDITED -- APPROVAL FOR
PROJECTS.
IN -- IN HIGH RISK ZONES BUT I
OF MY BELIEVE THAT SEQUEL WOULD
REVEAL.
THE HIGH RISK ZONE AND FRANKLY A
DEVELOPER WILL PROBABLY NOT BE
INCLINED ALREADY. TO INVEST IN A
SUPER RISKY AREA ANYWAYS.
BUT THAT'S THAT THAT MAY BE
DEBATED DEBATABLE BUT I'M
CERTAINLY WILLING TO MOVE
FORWARD ON THIS TODAY.
THANK YOU THE OTHER QUESTIONS OR
COMMENTS.
I JUST WANT TO POINT OUT I'M
SORRY SENATOR UMBERG -- I
APOLOGIZE FOR NOT BEING HERE FOR
THE ENTIRE HEARING BUT BUT OF
WITH RESPECT.
TO THE THE JUDICIAL COUNCILS
CONCERNS I'M SURE THAT WERE
PREVIOUSLY EXPRESSED ABOUT.
PRIVATIZING CERTAIN MATTERS IN
THE STRAIN UPON THE COURTS AND
ACCESS TO JUSTICE I THINK THOSE
ARE ALL VALID CONCERNS I THINK
THOSE ARE ALL.
ISSUES THAT WE NEED TO CONTEND
WITH -- SHOULD THIS BILL PASS I
EXPECTED IT WILL -- WILL THEN.
WE HAVE TO BE HONEST WITH
OURSELVES THAT BY.
CREATING ADDITIONAL
RESPONSIBILITIES FOR THE COURTS
WE HAVE TO INCREASE THE CAPACITY
OF COURTS FOR THE COURTS WILL
DEAL WITH THIS BECAUSE THE POINT.
WITH RESPECT TO OTHER
CONTROVERSIES BEING PUSHED
FARTHER BACK IS A LEGITIMATE
POINT AND WE'RE ALREADY AT THE
BREAKING POINT PARTICULAR IN
TERMS OF CIVIL JUSTICE.
AND SO IT'S IT'S A POINT FOR ALL
OF US WE WE CAN'T SUPPORT THIS
ABOUT ADDITIONALLY SUPPORTING --
ADDITIONAL FUNDING FOR THE
COURTS THANK YOU MEASURE IS
TONIGHT OUR IDEA.
I ONE OF JUST FOLLOW UP ON THAT
BECAUSE I DO AGREE.
YOU KNOW IF YOU'VE EVER TRIED A
CASE TWO HUNDRED SEVENTY DAYS.
IS A VERY SHORT PERIOD OF TIME --
MANY CASES -- ACTUALLY LANGUAGE
FOR A NUMBER OF YEARS AND EVEN A
CASE THAT MOVES WITH SOME
RELATIVE SPEED AS I'M SURE.
THOSE WHO WHO HAVE EXPERT HAD
EXPERIENCES LITIGATORS KNOW THAT.
TWO HUNDRED AND SEVENTY DAYS
WITH THIS IT IT INCLUDES
SUPERIOR COURT COURT OF APPEAL
AND OF THE STATE SUPREME COURT
ALL LEVELS WOULD HAVE TO BE
CONCLUDED WITHIN TWO HUNDRED
SEVENTY DAYS THAT'S THAT'S
UNIMAGINABLE ACTUALLY.
BUT OF COURSE WE CANNOT DICTATE
TO THE COURTS SO WE COULD JUST
URGE THEM AND I THINK WHEN WE
HAD OUR WE HAD OUR HEARING ON
THIS AND THE JUDGE.
OF WHO IS THE EXPERT ON SHE WAS
SAID THAT.
YOU KNOW LOTS OF THINGS
INTERVENE THAT MAKE IT DIFFICULT
IF NOT IMPOSSIBLE.
AND I THINK OF CONCERN IS A
POLICY ISSUE FOR SOME OF US
WHICH IS A CONCERN FOR ME IS
THAT.
WE ARE WE WILL THUS BE
PRIORITIZING SECRET CHALLENGES
OVER ALL OTHER CASES.
CIVIL RIGHTS CONSUMER PROTECTION
ELDER ABUSE -- UNITING FAMILIES
AND AS MY HUSBAND THE NOW
RETIRED CRIMINAL LAW OR THE
CRIMINAL COURTS JUDGE POINTED
OUT.
CRIMINAL COURTS HAVE PRIORITY
REGARDLESS BECAUSE OF THE
CONSTITUTIONAL MANDATE OF THE OF
A TRIAL -- A QUICK AND SPEEDY
TRIAL SO.
WE ARE REALLY I THINK.
PUTTING A MAJOR KNEE IN THE BACK
OF OUR COURTS THAT I'M NOT SURE
WE WON'T ALL COULDN'T ULTIMATELY
END UP WITH THE WHOLE SYSTEM
COLLAPSING MAYBE IT WON'T.
BUT WHAT WE'RE DOING HERE IS
WE'RE BASICALLY SAYING COURTS
WE'RE GONNA GIVE YOU TWO HUNDRED
AND SEVENTY DAYS.
AND OF COURSE TELLING THE COURTS --
WHEN THEY CAN RESOLVE THE CASES
LIKE THE COURTS TELLING US WHEN
THE SAID A BILL?
I MEAN IT'S THERE IS AN
INDEPENDENCE IN A OF SPLIT --
AGAIN -- CONSTITUTIONALLY -- AND
THE INDEPENDENCE OF THE
JUDICIARY SO -- IT IT BECOMES A
REAL QUESTION AND I DON'T KNOW
THAT THE COURTS HAVE THE
RESOURCES NOW.
SO I REALLY ARE I MEAN I'M.
I AM WEIGHING AND AND I JUST
WEARING THE THE THE THE FACT
THAT WE'RE GONNA TELL SENIORS
WE'RE GONNA TELL PEOPLE WHO ARE
DYING.
IN A WITHIN SIX MONTHS AND
THEY'VE GOT MILLER MISSILES THE
LEE ALSO SAID THAT WHATEVER GOD
ONLY KNOWS WHAT IT IS.
THAT THEY'RE GOING TO HAVE TO
TAKE A BACKSTEP BECAUSE WE HAVE
TO HEAR THE SEQUEL CASES SO THAT
IS A THAT IS A REAL CONCERN --
AND AND IF YOU'D LIKE TO RESPOND
TO THAT AND THEN CENTER AKOWSKI
HAS QUESTION.
AT THAT THANK YOU CHAIR -- I'D
BE HAPPY TO FIRST THAT THE
THERE'S A BILL MOVING TO THE
LEGISLATURE HOPEFULLY IT'S
MOVING THAT THE LEGISLATURE BY
SENATOR ROD.
THAT WOULD ADD JUDGES AND WHEN
THOSE.
THOSE BILLS ARE PRESENTED TO US
ABOUT IT THAT WORKLOAD DEMANDS
IN THE COURT SYSTEM THAT WE
SHOULD BE AND I THINK WE HAVE
BEEN RESPONSIVE TO THOSE AND I
WOULD EXPECT THAT WE'D BE
RESPONSIVE TO CENTER RAS BILL --
TO ADD I THINK OF A FEW OF TWO
OR THREE DOZEN JUDGES OKAY.
SECOND THE ARGUMENT IS BEEN THAT
THERE'S SO FEW CASES THAT SEE
THE CHEN THE OBJECTION TO BILLS
LIKE THIS IS THAT WILL HOLD ON
SICK WAS NOT A PROBLEM.
AND THERE AREN'T VERY MANY CASES
AND NOW SOMEHOW IT'S CAN
OVERWHELM THAT THE COURT SYSTEM.
A THIRD WE PUT A SUNSET IN THIS
BILL TWENTY TWENTY FIVE WITH
THAT REQUIREMENT FOR DATA TO BE
ACCUMULATED THIS TO TRY TO
ANSWER THAT QUESTION WERE
CLEARLY IF IT.
IS CREATING A SIGNIFICANT
PROBLEM ET'S TAKE A LOOK AT IT.
AND IF WE NEED TO CHANGE IT AND
WE SHOULD BE OPEN TO TO CHANGE
IT OR REVERSING IT -- FOR THAT
MATTER.
AND FINALLY -- IN THE TESTIMONY
BY THE JUDICIAL COUNCIL OR THE
THE OTHER WITNESS THEY MENTION A
TO GET TO SEE CA CASE IS
TAKING A LONG TIME MORE THAN TWO
HUNDRED SEVENTY DAYS.
UNDER THE CURRENT PROVISIONS
THAT WE HAVE FOR THE
STREAMLINING WELL THOSE ARE
MASSIVE PROJECTS.
MASSIVE PROJECTS A STADIUM
PROJECT -- THE THE EITHER IF
IT'S A MIXED USE RUFFLED --
APARTMENT PROJECT IN LOS ANGELES
MASSIVE.
THE BILL THAT YOU HAVE BEFORE US
HAS LIMITATIONS THAT HAVE BEEN
PUT ON IT NO MORE THAN TWO
HUNDRED UNITS.
OKAY SO HERE WE HAD TWO CASES
THAT MAYBE HAVE EXCEEDED AND NO
THERE IS FLEXIBILITY IN THE
COURTS TO GO BEYOND THE TWO
SEVENTY BUT YES N THOSE CASES
BUT THOSE ARE REALLY APPLICABLE
TO WHAT WE WOULD BE PROVIDING IN
THIS LEGISLATION -- IF IF THERE
EVEN ARE THE CHALLENGES THAT THE
PEOPLE ARE CONCERNED WITH BUT WE
LOOK AT I'D THE CASES THAT YOU
EXPLAIN THOSE THOSE BOTHER ME
TOO OKAY THAT THAT THOSE.
I WANT THOSE CASES TO BE
RESOLVED -- AND SO IT'S
SOMETHING THAT SHOULD REQUIRE
OUR VIGILANCE BECAUSE I DON'T
WANT TO BE A IN THE SITUATION --
THAT DID THAT YOU DESCRIBE
EITHER SO WE HAVE TO AS
LEGISLATORS AS THE FOLKS WHO
ALLOCATE THE MONEY.
THE TO MAKE SURE THAT WERE
FUNDING OUR COURTS -- ADEQUATELY
THANK YOU CENTER Y. CASKEY.
IS THE CONCERN THAT I HAVE AND
I'M NOT BE SUPPORTING THE BILL
AGAIN TODAY IS.
WHEN WE DID AB NINE HUNDRED AND
I VOTED FOR A. B. NINE HUNDRED
AND TWENTY AND -- TWENTY TWELVE
AND WE PUT ALL THE LEAD
CERTIFIED IN THE LABOR
PROVISIONS IN THERE WE KNOW NOW
AFTER EIGHT YEARS THAT THERE'S
ONLY BEEN.
TWELVE PROJECTS THAT HAVE HAVE
FOLLOW THIS UNDER -- ON PAGE TEN
OF OUR ANALYSIS THEY TALK ABOUT
THEM AND THEY POINT OUT THAT
THERE ARE ONLY TWO THAT HAVE --
GONE TO COURT.
RIGHT SO SO WE'VE GOT A LIMITED
GROUP I AM FURIOUS WITH THE
GOVERNOR ABOUT. FIVE CREATING
SOME JINGLE WISDOM ABOUT
BILLIONAIRE'S STADIUM PROJECTS
AND HOUSING AND WE NEED TO DO
THAT THAT'S WHOEVER WROTE THAT
FOR HIM.
IT'S INSULTING TO ME BECAUSE WE
WENT THROUGH LAST YEAR AT THIS
COMMITTEE AND THE ENVIRONMENT
QUALITY COMMITTEE WOULDN'T.
IT WITH GREAT DETAIL TO THE
PARALLEL NINE HUNDRED AND GET
THE SAME SORT OF AFFECT FOR
THOSE TWO PROJECTS BUT WE KNOW
AT BEST IT WAS ONLY FOURTEEN
PROJECTS.
YOU SEEM TO DISCOUNT THE COURT
PROCESS WHEN IT'S ONLY TWO
HUNDRED APARTMENTS BUT THIS
CREATES.
AND THE POSSIBILITY OF HUNDREDS
OF LAWSUITS BEING BROUGHT UNDER
SEEK BUT THAT HAVE TO BE
ADJUDICATED IN TWO HUNDRED
SEVENTY DAYS.
BECAUSE SO ANYBODY IF YOU IF THE
THERE'S TWO ARGUMENT GOING ON
HERE THERE IS EITHER NOT A LOT
OF SICK THE LAWSUITS WHICH
THERE'S BEEN REPORTS IN FRONT OF
US.
BUT YOU'RE INVITING WITH SO MANY
PROJECTS AT THIS IS GOING TO BE
GOLD LEAF CERTIFIED IN TWO
HUNDRED IT COULD BE POTENTIALLY
UNDER PROJECTS. TO AND AND I
ASSUME THAT YOU HAVE THE BILL
HERE THE WAY IT'S WRITTEN FOR
THIS EXPLAINS TO THE WILL BE
DONE QUICKLY.
BUT HOW DOES THE COURT MANAGE SO
MANY DIFFERENT PROJECTS WHEN
IT'S ONE SAY THE STADIUM PROJECT
GOT GOT IT I GET PEOPLE.
THANK YOU GOVERNOR FOR COOPER
LITTLE SMART ALECK REMARK ABOUT
THAT THAT YOU'VE GOT POTENTIAL
FOR HUNDREDS OF PROJECTS BASED
ON YOUR OWN.
A NOW OR YOUR OWN DESIRE TO SEE
THESE HOUSING PROJECTS BUILT HOW
DO WE ANSWER THAT.
WELL THROUGH THROUGH THE CHAIR
BY MAY.
YEAH -- SENATOR WHITE HOUSE HE
IT IT'S ALWAYS CHECK CHALLENGE
TO TRY TO DENY SOMETHING THAT
HASN'T HAPPENED YET RIGHT AND SO
WE ALL HAVE OPINIONS ABOUT WHAT
WE THINK MIGHT HAPPEN OR MIGHT
NOT HAPPEN AND THAT'S THAT'S A
CHALLENGE I I THINK THAT THE AND
I THINK WE'VE IS SOMEWHAT.
BEEN TRAPPED BY THE RHETORIC
THAT'S BEEN USED BY ALL SIDES ON
THIS ISSUE -- BUT BUT LOOK AT I
I AT WE WE HAVE.
LET ME FOCUS ON WHAT I THINK IS
THE MOST IMPORTANT THING THAT I
I THINK WE ALL CARE ABOUT WHICH
IS OUR HOUSING CRISIS WE KNOW WE
HAVE A HOUSING CRISIS IN THE
STATE WE TALK ABOUT IT ALL THE
TIME.
RIGHT AND WE KNOW THAT THE ONLY
WAY TO GET OUT OF THAT HOUSING
CRISIS IS TO THAT TO BUILD MORE
HOUSING BUILD MORE AFFORDABLE
HOUSING.
AND SO WE'RE TRYING TO FIND WAYS
TO HELP MAKE THAT HAPPEN.
AND I DON'T THINK THAT --
CHALLENGES UNDER SYKORA ARE
GONNA BE THAT THE THE
CONSEQUENCE OF TRYING TO BUILD A
PART OF INCENTIVIZE.
THE PRIVATE SECTOR WHICH IS WHAT
REALLY WE'RE TALKING ABOUT.
THE BILL MOREHOUSING I I JUST
DON'T SEE THAT CONSEQUENCES OUT
THE BILL HAS PROVISIONS TO TRY
TO PROTECT OURSELVES FROM THAT
AS I'VE MENTIONED.
IT HAS A SON SAID IT HAS
REQUIRED STUDY -- ANNA AND I
THINK THAT -- AND I ADDED AND IT
HAS I THINK OUR OWN OBLIGATION
TO FUND THE COURTS.
IF THE ISSUE IS THAT THAT THE
COURTS GET CLOGGED UP WHICH I
DON'T AGREE WITH IT'S IT'S IT
IT'S SPECULATION.
THAT ISN'T IT OUR OBLIGATION IF
WE'RE TRYING TO RESOLVE OUR
HOUSING CRISIS AND WE WANT TO
GET THESE CASES RESOLVED
APPROPRIATELY IN THIS IS NOT TO
PRE JUDGE WITH THEIR FAIR
CHALLENGES ARE UNFAIR CHALLENGES.
WELL THEN LET'S AT THAT'S OR A
KEY ELEMENT TO RESOLVING OUR
HOUSING CRISIS WILL THEN WE NEED
TO GET OUT.
AND WE NEED IS FOR OUR COURTS SO
THAT WE CAN THEY CAN DO THEIR
WORK IF THERE'S THESE HUNDREDS
OF CASES THAT YOU SPECULATE WILL
COULD OCCUR [inaudible]
MADAM CHAIR.
ON PAGE EIGHT THE STAFF REPORT
WHICH IS AN EXCELLENT JOB.
TALKS ABOUT THE CATEGORICAL
EXEMPTIONS IN THE SPECIFIC
EXEMPTIONS AGRICULTURAL HOUSING
AFFORDABLE HOUSING URBAN
RESIDENTIAL PROJECTS URBAN --
RESIDENTIAL MIXED USE PROJECT HE
ADDED THAT IT THAT IT THAT ARE
THAT ARE EXEMPT HAVE
CATEGORICALLY EXEMPTIONS THAT
WILL NEVER GET INTO THE LEGAL
PROCESS BUT YOUR BILL HAS CHOSEN
TO FOCUS ON THE TWO HUNDRED
SEVENTY DAYS.
ONCE A LAWSUIT HAS BEEN FILED.
DO NOT GET IT IF YOU'RE NOT
IMPROVING ON DEEZER OR GIVING US
MORE SPECIFICS YOUR THE THE BIG
BIG BANANA HERE IS THAT YOU WANT
TO SEVENTY DAYS.
BUT THROUGH THE DREAMER BY.
ARE YOU DONE WITH YOUR ARM ALL
RIGHT YES CENTER.
WELL LOOK -- THE THESE THESE
CATEGORIES OF AN IN PLACE FOR A
WHILE.
AND I AND WHERE ARE WE IN TERMS
OF OUR HOUSING.
CRISIS IN OUR STATE SO I HAVE A
CC OTHER AREAS IN WHICH WE CAN
FIND IMPROVEMENTS TO INCENTIVIZE.
MORE HOUSING CONSTRUCTION BEYOND
WHICH THAT ARE PROVIDED HERE.
IN TERMS OF IN.
EXISTING EXEMPTIONS -- THAT THAT
THAT THAT THAT THE SENATOR
IDENTIFIES.
SO I THINK THAT BEFORE YOU ASKED
A QUESTION I'D LIKE TO ALLOW
THIS IS HERE CLUB YES TO
CHURCHILL'S RESPOND BRIEFLY --
YEAH I JUST WANNA RESPOND
BRIEFLY TO THIS ARGUMENT OF THE
EXEMPTIONS HAVEN'T BEEN THIRD ON
BOOKS AND STUFF HOUSING CRISIS
THAT'S BECAUSE IN THE STOCK
ANALYSIS SAYS.
THESE EXEMPTIONS HAVE BEEN UNDER
UTILIZED ON THAT AND WE DON'T
KNOW WHY THAT IS BUT WE DO I
THINK THERE NEEDS TO BE A STUDY
AS TO WHY THAT IS --
ADDITIONALLY -- THE SENATOR HAS
ALL THE AUTHOR HAS SAID THAT THE
BILL IS ABOUT A PROVIDING A
SOLUTION TO THE AFFORDABLE
HOUSING CRISIS HOWEVER THIS BILL
ONLY ALLOWS -- 430%
AFFORDABILITY FOR IN REGARDS TO
THE PROJECT AFTER ALLOWING FOUR
NINE AND 70% MARKET RATE HOUSING
AND SO IF YOU WANT STOOD SO IF
YOU WANT TO FIND A SOLUTION TO
THE HOUSING PRICES PROBABLY SORT
OF SOME OF THE EXEMPTIONS THAT
ALREADY IN SEQUEL.
AND WOULD NEVER HAVE TO GO
THROUGH THE SEQUEL PROCESS ON
THEIR FOUGHT THEIR BY.
COMPLETELY HOLISTICALLY JUST BY
PASSING THAT UNITS HAVE NEED A
TIMELINE -- BUT OR MAYBE EVEN
JUST PROVIDING FOR A 100% FOR
ABILITY WHICH IS ALREADY A
SEQUEL EXEMPTION SOME THANK YOU
SENATOR WHITE KOWSKI LAST
QUESTION MADAM CHAIR I THINK I
JUST IT'S JUST A POINT.
AND PAGE FIVE AND SIX A STAFF
REPORT OF THE TALK ABOUT THE
HOME ON THE NIGHTS -- REPORTS HE
Q. REPORT BACK IN A TWENTY
SEVENTEEN AND THE UC BERKELEY A
REPORT IN THE TELL US IN IT I
TELL X. THEY SEE WHAT DRIVES
WHETHER AND HOW ONE FIREMAN
REVIEW OCCURS RESIDENTIAL PRIDE
PROJECTS.
IS LOCAL LAND USE LAWS AND WE
KEEP.
EMPHASIZING IT SEE C AND
STREAMLINING AND ITS LOCAL LAND
USE LAWS AND COST SO WHAT THAT I
HAVE MADE MY KEYS I CANNOT
SUPPORT IT.
I'M DONE THANK YOU -- SENATOR
JONES.
A CENTER GLAZER -- YET YOU.
PROBABLY DIDN'T INTEND TO TAKE.
SUCH A CONTROVERSIAL -- TASK ON
WITH THIS BUT I APPRECIATE THAT
YOU DID AS HE DID HE KNEW HE WAS
DOING.
I BET HE WAS HOPING IT WOULDN'T
BE AS CONTROVERSIAL BUT YEAH I I
HAVE I'M HERE IN THE COMMENTS OF
MY COLLEAGUES IN THEIR CONCERNS
AND I THINK THAT YOU'VE DONE A A
FAIRLY ADEQUATE JOB OF
ADDRESSING THOSE CONCERNS I
THINK YOU'VE POINTED OUT --
SPECIFICALLY WHERE THE BILL
ADDRESSES THOSE CONCERNS -- YOU
KNOW.
I COME FROM A CITY ON THE CITY
COUNCIL THAT 80% OF THE HOUSING
STOCK IS SINGLE FAMILY HOMES --
WITH A SMATTERING OF APARTMENT
BUILDINGS -- FIVE YEARS AGO --
THE CITY -- ONLY HAD A FEW THREE
STOREY CONDO PROJECTS AND NO.
THREE STORY APARTMENT PROJECT.
AND THAT'S CITY COUNCIL HAS
DECIDED TO DO EVERYTHING THEY
CAN. TO ADDRESS THE HOUSING
CRISIS THAT'S HAPPENING NOT ONLY
IN SAN DIEGO COUNTY BUT ACROSS
THE STATE.
AND THE NUMBER ONE CONCERN WE
HEAR FROM A DEVELOPERS AND
INVESTORS ARE IT ARE THE SEQUEL
DELAYS AND YOU KNOW SOME OF THEM
ARE LEGITIMATE AND AND BUT
UNFORTUNATELY A LOT OF THEM
AREN'T.
AND SO -- YOU KNOW MY CITY HAS
UP ZONED SEVERAL HUNDRED ACRES
OF OF THE OF REMAIN LAST PIECES
OF LAND.
IN THE CITY THAT CAN BE
DEVELOPED.
WE'VE UP ZONED -- SOME INFILL
PROJECTS TO ALLOW FOR
REDEVELOPMENT IN IN SOME AREAS.
AND I KNOW THAT -- THIS BILL IS
GOING TO CREATE RELIEF -- BUT
MORE IMPORTANTLY IT'S GONNA
CREATE -- CONFIDENCE OF FOR THE
DEVELOPERS AND INVESTORS GOING
FORWARD -- THAT THEIR PROJECTS --
YOU KNOW WON'T LANGUAGE AND SO I
APPRECIATE -- THE CREATIVE HERE
APPRECIATE YOUR WILLINGNESS TO
WORK WITH THE COLLEAGUES OF
SHARED SOME ADDITIONAL CONCERNS
I'VE -- I THINK THE YOUR YOUR
COMPOSITE WAY TO DO THAT AND SO
I'M HAPPY TO SUPPORT YOUR BILL
TODAY [inaudible]
SENATOR MONNING.
THANK YOU MADAM CHAIR.
OF I DO APPRECIATE THE SHARED
OBJECTIVES -- I WILL NOT BE
SUPPORTING TODAY I DID HAVE A
QUESTION ON I'M. ONE OF THE
HURDLES FOR ME.
IS THE CONCERN OF THE JUDICIAL
COUNCIL.
WHEN WE PRESCRIBE A SET NUMBER
OF DAYS THAT WOULD BE UNIFORM IN
EVERY COURT SYSTEM AROUND
CALIFORNIA?
I REPRESENTS A PREDOMINANTLY
RURAL AREAS SMALL COURT.
SYSTEM MUCH SMALLER NUMBER OF
JUDGES IN COURT ROOMS.
THEN IN LARGE URBAN AREAS -- SAN
FRANCISCO OAKLAND LOS ANGELES --
THE BILL DOESN'T CONTEMPLATE THE
DIFFERENT IMPACTS ON DIFFERENT
SIZE COURT SYSTEMS DO YOU HAVE
ANY THOUGHTS ON THAT.
THROUGH THE TO THE CHAIR THAT.
PLEASE PLEASE FEEL FREE TO
ANSWER THE QUESTION THAT I I
SHARE THE THE CONCERNS THAT YOU
RAISE SENATOR THAT WE DO HAVE TO
ADEQUATELY FUND OUR COURTS AND
THAT WE HAVE TO TAKE INTO
ACCOUNT THE THE DIFFERENCES IN
COUNTIES AND WE HAVE TO FIND A
WAY.
TO GET THROUGH THAT -- BUT IF WE
IDENTIFY HOUSING IS A SERIOUS
PROBLEM THEN WE HAVE TO FIGURE
THAT OUT TOGETHER.
THANK YOU I APPRECIATE THAT IN
THROUGH THE CHAIR COULD I ALSO
ASK THE JUDICIAL COUNCIL LEASE.
UNDER THE SAME QUESTION.
YOU'RE ABSOLUTELY RIGHT -- THE
THE TIMELINE ORIGINALLY WAS A
HUNDRED SEVENTY FIVE DAYS IN THE
COURT OF APPEAL PROPOSING TO
SKIP THE TRIAL COURT STEP THAT
WAS FOUND IN CONSTITUTIONAL.
IN LITIGATION IN ALAMEDA COUNTY
AND SO THEN WE THEN IN THE SB
SEVEN FORTY THREE THAT THEM PRO
TEM STEINBERG DID.
THEM IT.
HAD PROVISIONS SPECIFIC TO THE
KINGS ARENA AND THEN HAD TO HAVE
THE QUOTE FIX.
AND SO THE THE THE MAGIC TWO
HUNDRED AND SEVENTY DAYS CAME
FROM THAT BILL WE THINK IT WAS
DRIVEN PRIMARILY FOR THE
LITIGATION THAT WAS BEING
ANTICIPATED.
THERE -- AND AND THE COURTS HAVE
HAD DIFFICULTY IN THE TWO AB
NINE HUNDRED CASES WE TALKED
ABOUT EARLIER BOTH FROM VERY
LARGE COUNTIES.
SAN FRANCISCO AND LA -- AND I'D
I DO THINK IN IN TERMS OF ONE OF
THE POINTS AUTOMATE EARLIER.
THAN. FOR THOSE CASE THAT WE CAN
ALL DEBATE ABOUT HOW WHAT
PERCENTAGE OF CASES GET FIT
UNDER SEQUEL.
BUT IF A PROJECT IS A
CONTENTIOUS PROJECT IF THEY'RE
CITING ISSUES AND NEVER VARIETY
OF KINDS OF THINGS THAT HAPPENED
LOCALLY.
IT WILL BE HEAVILY LITIGATED --
IT WOULD BE MALPRACTICE NOT TO
THINK OF EVERY POSSIBLE CAUSE OF
ACTION TO BRING LIKE THE TWO
EXAMPLES I GAVE YOU SO
REGARDLESS OF THE SIZE OF THOSE
PARTICULAR PROJECTS THE REALITY.
ON THE GROUND IS THAT NGUYEN
COMMUNITY BY AND HAS NOT BEEN --
ACHIEVED.
AND THERE ARE -- DETERMINED
OPPONENTS THEY WILL USE EVERY
CAUSE OF ACTION BOTH SICK BUT
AND ON AND I AGAIN RESPECTFULLY
SUBMIT THAT THE CERTAINTY THAT
SUPPOSEDLY COMES FROM THE SCHEME --
DOESN'T EXIST WE DO APPRECIATE--
ALL OF THE EXPRESSIONS OF
INTEREST IN TRYING TO PROVIDE
ADDITIONAL JUDGESHIPS AN
ADDITIONAL SUPPORT BUT I WOULD
BE HERE EVEN IF WE HAD THAT.
MAKING THE EXACT SAME POINTS
BECAUSE LITERALLY RESPECTFULLY
YOU'RE PICKING WINNERS AND
LOSERS.
YOU ARE SAYING THAT THERE IS A
CERTAIN CATEGORY OF CASE LIKE
THE CHAIR MENTIONED THAT MOVES
TO THE ABSOLUTE FRONT OF THE
LINE AT THE EXPENSE OF EVERY
OTHER CIVIL IT AGAIN ON THE
DOCKET THIS IS JUST
FUNDAMENTALLY.
AT ODDS WITH OUR COURT SYSTEM
SUPPOSED TO OPERATE LADY JUSTICE
WITH THE BLINDFOLD RIGHT YOU
DON'T PICK UP THE BLIND FULL.
TO PICK THE WINNERS AND LOSERS
THANK YOU NINE ONLINE MONEY
CONCERNS WITH THOSE OF THE CHAIR
EARLIER IN THIS AREA.
WE HAVE PEOPLE THAT ARE VICTIMS
OF HORRIFIC.
ABUSE NEGLECT CETERA -- IN SOME --
SHORT TERM MERSON TERMS OF LIFE
EXPECTANCY AND TO PUSH THEM TO
THE BACK ONLINE WOULD BE A
SOCIAL INJUSTICE AS WELL.
BUT THANK YOU MADAM CHAIR THANK
YOU -- AS SENATOR -- PORCHES
FOLLOWED BY SENATOR ALLEN AND IT
LOOKS LIKE CENTER OMER WOULD
ALSO LIKE TO SPEAK ARTS.
CENTER FOR JUST ALLEN IN THE
NUMBER.
I THINK WHAT WHAT HAPPENS IS.
WE HEAR ARGUMENTS DEPENDING ON
THE CONTEXT.
THAT TALK ABOUT -- SEE COULD NOT
BEING AN IMPEDIMENT TO
DEVELOPMENT.
DODD AND WE HAVE A REPORT FROM
[inaudible]
BERKELEY
BE A URBAN ECONOMICS.
I WE HAD A HEARING HERE.
AND IT WAS PRONOUNCED THAT THE
REPORT INDICATED THAT THERE WAS
NO EVIDENCE TO SUPPORT THE
ARGUMENT THAT SEQUEL REPRESENTS.
A MAJOR BARRIER TO DEVELOPMENT.
TO THE CONTRARY THE REPORT FOUND
THAT ONLY ZERO POINT 7% OF ALL
SECRET PROJECTS UNDERGOING
ENVIRONMENTAL.
REVIEW WERE INVOLVED IN
LITIGATION.
SO I'M TRY TO FIGURE OUT WHICH
WAY DO WE HAVE IT.
IT'S EITHER GOING TO CLOG THE
SYSTEM.
IN BE SO FUNDAMENTALLY UNFAIR.
BUT HAVE TO ADMIT THAT SEEK WHAT
IS -- AN UNDERLYING SOURCE OF
LITIGATION THAT CREATES PROBLEMS
IN THE HOUSING MARKET.
OR THERE'S NONE OF LITIGATION --
DERIVED FROM CIBOLA THAT IT'S
NOT AN ISSUE IT'S ZERO POINT 7%
I DON'T KNOW WHICH WAY I DON'T
KNOW WHO'S RIGHT.
BUT I'LL TELL YOU MY EXPERIENCE
GOING BACK TO THE LOCAL LEVEL.
IS THAT SYKORA.
I IN ITS PROCESS IN THOSE THAT
USE IT TO CHALLENGE A PROJECT
[inaudible]
ROUTINELY REACH AN ACCOMMODATION
AND UNDERSTANDING AT SOME POINT
IN THE PROCESS.
WHERE BY THE LITIGATION GOES
AWAY [inaudible]
HAPPENS.
ALL THE TIME.
IN SO IF THAT IS THE CASE THAT
MOST LITIGATION GOES AWAY.
THAT IS DERIVED UNDERSEA QUIRK.
AND THAT ZERO POINT 7% IS
ACCURATE LESSON 1%.
THAT WE'RE GONNA BE LOOKING AT A
SITUATION WHERE WE WON'T BE
CLOGGING THE JUDICIARY.
AND THAT THERE'S NO DIFFERENCE
BETWEEN THE TWO HUNDRED SEVENTY
DAYS OR THREE YEARS IT'S GOING
TO GO AWAY.
SO I GUESS MY MY POINT IS WE
CAN'T HAVE IT BOTH WAYS FOLKS.
WELL I THINK ONE OF THE THINGS
SO YOU POINT OUT IS THAT NOW YOU
ARE OPENING UP.
ADDITIONAL OPPORTUNITIES FOR
THOSE KINDS OF I MEAN YOU'RE
EXPANDING THE POTENTIAL SCOPE.
TO INCLUDE DAD IN OF COURSE.
THEN THE OTHER SIDE OF THE
ARGUMENT AS WELL IF IF SEEK WAS
WORKING THEN WHY BOTHER TO MAKE
THESE.
AMENDMENTS I WILL I WILL TELL
YOU THOUGH I COULD BE WRONG BUT
MY UNDERSTANDING MY
UNDERSTANDING IS THE PART OF THE
PROBLEM WITH OUR INABILITY. TO
BUILD LOW INCOME AFFORDABLE
HOUSING A PARTICULAR APARTMENT
BUILDINGS HAPPENED BACK IN THE
NINETEEN EIGHTIES WHEN WE TOOK
AWAY THE ACCELERATED
DEPRECIATION.
OPPORTUNITIES I IN OUR FEDERAL
TAX LAW.
SO IF WE WANT TO GET MORE
AFFORDABLE HOUSING.
SEEMS TO ME MAYBE WE'RE LOOKING
IN THE WRONG PLACE -- IN IF WE
COULD RENEW THAT.
XCELERATED DEPRECIATION SO FOR
DEVELOPERS IT WOULD PENCIL OUT
FOR THEM TO BUILD MORE
APARTMENTS.
THAT MIGHT BE THE ANSWER MAYBE
WE'RE JUST IN A WE'RE ALL OVER
THE PLACE HERE POTENTIALLY.
IF THAT WAS IN FACT THE PROBLEM
THEN AND AND DOES TAX EXPERTS
AND BUSINESS PEOPLE AND
DEVELOPERS WOULD SAY YOU KNOW
WHAT I YOU GIVE ME THAT
ACCELERATED DEPRECIATION AGAIN.
AND IT PAY IT PENCILS OUT TO
BUILD I WILL BUILD SEE COULD BE
DARNED AND EVERYTHING ELSE BE
DARNED THAT'S WHERE I MAKE MY
MONEY SO.
I JUST WONDER.
YOU KNOW WE'RE BANG IN THIS.
THIS ISSUE AND I COULD ARGUE
WITH EVERY DIFFERENT WHICH WAY --
I JUST THINK THAT.
THE QUESTION BECOMES WHY EVEN
BOTHER IF NONE OF THESE CASES
AND UP IN SEEK WERE PROCEEDING
SO I'M NOT SURE.
WHERE WE'RE ALL GOING WITH THIS
AND BUT I APPRECIATE THAT THERE
ARE MANY DIFFERENT PERSPECTIVES
AND IN POINT OF VIEW?
IT JUST FINISH MY COMMENTS FROM
THE FOR IT DOESN'T MATTER.
IN IT'S A MATTER OF FAIRNESS.
IF WE ARE DISCOURAGING
DEVELOPMENT -- WE ARE REDUCING
THE STOCK.
AND THERE LIES THE SUPPLY AND
DEMAND RATIO THAT IS PROBLEMATIC
THAT IS INCREASING THE PRICES
BECAUSE OF DEMAND.
SO THE ISSUE SHOULD NOT
NECESSARILY ONLY BE AFFORDABLE
HOUSING IT SHOULD BE HOUSING
THAT INCREASES THE STOCK IN
DRIVES A MORE MODEST
APPRECIATION VALUE.
THAT ALLOWS FOR MORE
AFFORDABILITY.
I THINK A LOT OF ECONOMISTS
WOULD APPRECIATE THAT.
UNDER STEAK YOU SENATOR ALLEN.
THE BY THE DOCKET -- I I I HEAR
SO MANY CONFLICTING THINGS ABOUT
THIS BECAUSE I I IT'S MY
UNDERSTANDING THAT IN LARGER
COURTS THERE IS A A JUDGE SHE
WAS DESIGNATED TO TAKE THE
SECRET CASES.
SO I'M TO SOME EXTENT DOES NOT
MITIGATE -- ND GIVE IT TO THE
SOUTH TO BOTH OF PROPONENTS AND
OPPONENTS DOES NOT MITIGATE.
THE ISSUE A BET.
IF YOU LIKE TO ANSWER.
I'M COUNTY SERVER TWO HUNDRED
THOUSAND OR MORE POPULATION HAVE
TO HAVE ONE OR MORE SPECIALLY
TRAINED JUDGES TO BE ABLE TO
HANDLE BANQUET CASES.
AND THEY DO AND THEY ALREADY
HAVE CALENDAR PREFERENCE AT THE
TRIAL APPELLATE LEVEL IT'S THE
ARBITRARY TWO HUNDRED SEVENTY
DAY REQUIREMENT THAT REQUIRES
ADDITIONAL.
RESOURCES BOTH IN TERMS OF HOW
MUCH TIME THAT JUDGES SPENDING
ON THAT PARTICULAR CASE THE
STAFF SUPPORT THE ATTORNEYS AND
SO FORTH AND IT MEANS THAT EVERY
OTHER CASE ON THOSE C --
JUDGES DOCKETS TAKE LONGER TO
DECIDE WHAT IS YOUR QUESTION --
WOULD WOULD YOU FEEL BETTER AND
I'M NOT NEGOTIATING FOR THE DICE
AT ALL I'M JUST DURING OUT A
HYPOTHETICAL QUESTIONS GET
UNDERSTANDING OF YOUR
PERSPECTIVE.
WOULD YOU FEEL BETTER IF IT WERE
THREE SIXTY FIVE DAYS OR IS IT
EASY.
I MEAN I I KNOW YOU SO.
IT IS THE ISSUE THE LENGTH OF
TIME OR IS IT THE ISSUE OF ANY
KIND OF PRIORITIZATION.
THE JUDICIAL COUNCIL HAS A LONG
HISTORY OF OPPOSITION THE
CALENDAR PREFERENCES FOR ALL THE
REASONS THAT I ALLUDED TO
EARLIER.
IT IS PARTICULARLY PROBLEMATIC
WITH THE TIME LINE THAT HAS BEEN
CHOSEN IN THESE INDIVIDUAL CASES
BUT WE WOULD HAVE THE SAME
OBJECTIONS IF YOU ADDED ANOTHER
HUNDRED DAYS FRANKLY BECAUSE
EVERY CASE IS DIFFERENT.
THE COMPLEXITY OF THE RECORD OF
THE LAW THAT HAS TO BE APPLIED
IN THAT INDIVIDUAL CASE.
THE COURTS MOVE QUITE QUICKLY IN
IN IN THE LAST HEARING THAT WE
HAD ON THIS I I DID TESTIFY
THERE ARE THINGS THAT COULD
SPEED UP.
THE QUALIFICATION.
THE IGGEST AREA OF DELAY IN
SEQUOIA IS THE FIGHTS OVER THE
PREPARATION AND CERTIFICATION
RECORD.
AND THERE ARE WAYS TO ADDRESS
THAT THAT'S MAYBE FOR DIFFERENT
HEARING TODAY BUT WE HAVE
OFFERED PROACTIVE IDEAS ABOUT
WAYS TO ACTUALLY STREAMLINED IN
A FUNDAMENTAL WAY. TO MOVE THESE
CASES ALONG BUT FOR WHATEVER
REASON THAT'S NOT AND BY THE WAY
IF YOU TAKE IT.
IF THE IF THE BILL GETS ON THE
AUTHOR HAS TROUBLE MOVING
FORWARD I MEAN THAT MIGHT BE A
CONVERSATION YOU OUGHT TO HAVE
TOGETHER.
SO THE SO BUT WHAT WILL HAVE YOU
CLOSED BUT I WHAT I'D LIKE TO DO
IS I COULD GIVE YOU SINCE THE
QUESTION THAT I WAS.
A YOU COULD DO THIS PERSPECTIVE
ON THAT OKAY BUT LET HIM DO IT
NEWS CLOSE -- THE THE UNLESS
SENATOR UMBERG DID YOU HAVE A
COMMENT TO KNOW YOU'RE OKAY BYE
TO WOULD YOU INCLUDE THAT IN
YOUR CLOTHES WHAT I'D LIKE TO DO.
IS -- WILL HAVE YOU CLOSE WILL
ENTERTAIN A MOTION BUT I'D LIKE
TO HOLD OFF ON THE ON A VOTE.
SO THAT SENATOR ALLEN CAN
DISCUSS WITH YOU THAT OTHER
ISSUE -- AND THEN WE WILL ONCE
YOU'VE HAD OPPORTUNITY TO HAVE
THAT DISCUSSION WE WILL THEN
TAKE A VOTE.
SO IF YOU'D LIKE TO ADDRESS THIS
ISSUE IF YOU'D LIKE TO ADDRESS
ANY OTHER ISSUE.
THE FLOOR IS YOURS FOR YOUR
CLOTHES ALL RIGHT THERE THANK
YOU JERRY JACKSON AND MEMBERS
FOR THE THOROUGH DISCUSSION
ABOUT THIS ISSUE TODAY AND I
SAID SHE WAS SUCH A LONG DOCKET
THAT YOU HAVE AND AND THE LONG
DAVE ALREADY HAD SO.
LET ME TRYTO SUMMARIZE FIRST BY
ADDRESSING SENATOR ALLEN'S
QUESTION THAT I THINK THE ANSWER
IS.
YES THERE IS SOME LEVEL OF
MEDICATION BASED ON THAT
REQUIREMENT IN TERMS OF THE
EXPERTISE OF THE JUDGES IN THE
LARGER POPULATION AREAS THEY
HAVE.
EXPERTISE THAT CAN HELP APPLIED.
TO THEMSELVES OF THOSE CASES BUT
THE ESSENCE OF IT IS THE TWO
HUNDRED SEVENTY DAYS.
AND IT'S WITH THE CHAIR REALLY
RAISED EARLIER IS THAT.
A HER SUGGESTION ABOUT WHAT SHE
SAW AS SOMEHOW MAYBE A BETTER
RESOLUTION ANOTHER RESOLUTION TO
IT -- IS THAT -- WE NEED TO FIND --
IT AT THE END OF THE DAY FOR A
PRIVATE DEVELOPER WHO'S PUTTING
THEIR MONEY INTO THE PROJECT
THEY HAVE TO MAKE THEIR OWN
CALCULATION OF RISK REWARD.
AND WHETHER IT'S BECAUSE THEY
GET SUBSIDIES OR OTHER
INCENTIVES OUT THERE THAT GOES
INTO THAT CALCULATION OR THE
WORRY THAT IF THE PROJECTS
CHALLENGED BY A NEIGHBOR WHO
JUST DOESN'T LIKE IT.
OR SOMEBODY ELSE FOR SOME OTHER
SELF INTEREST THAT IT GETS
LOCKED UP IN A COURT SYSTEM THAT
HAS NO END TO IT.
AND THAT CARRYING COSTS X. X.
CETERA GOES INTO THEIR RISK
CALCULATION IS SAYS IT'S NOT
WORTH DOING.
IT'S JUST NOT WORTH TAKING THE
CHANCE AND PUTTING OUR CAPITAL --
BECAUSE WE CAN'T REALLY SEE HOW
WE CAN GET THROUGH IT -- SO
THERE'S LOTS OF CALCULATIONS OF
THE PRIVATE SECTOR MAKES WHEN
THEY MAKE THESE CHOICES.
THIS BILL TRIES TO ADDRESS IN A
NARROW WAY ONE OF THE MEN WHICH
I'VE HEARD A GREAT DEAL ABOUT --
WHICH IS THE UNCERTAINTY OF A
RESOLUTION OF A SEQUEL CASE WERE
IT TO BE.
CHALLENGED OKAY.
AND AND THAT'S WHAT THE BILL'S
BEEN WRITTEN THIS WAY I'LL NOTE
IN MY CLOTHES NOW THAT.
THAT THROUGH THAT YOUR GOOD WORK
IN YOUR COMMITTEE THAT WERE
COMMITTED TO NOT ONLY LIMITING
THE SIZE OF THE PROJECTS TO LESS
THAN TWO HUNDRED UNITS.
BUT SETTING THE HIGHER STERN VIA
MENTAL STANDARDS MORE THAN EVEN
REQUIRED UNDER THE THOROUGH
SEQUEL PROCESS THAT GOES ON IN
THE JUDGMENTS THAT LOCAL
GOVERNMENTS MAKE.
ABOUT WHETHER PROJECTS EVEN
WORTHY OF GOING FORWARD AND
WHETHER THAT ENVIRONMENTAL
DOCUMENTS EVEN WORTHY OF BEING
APPROVED [inaudible]
SO.
ED AND ENDED THE EXTENT THAT
THERE'S A CONCERN ABOUT THE
COURT SYSTEM I AS I SAID EARLIER
WE HAVE AN OBLIGATION TO FUND
OUR COURT SYSTEMS TO MAKE SURE
THAT THE CASES IN WHICH THE
CHAIR AND OTHERS HAVE RAISED ARE
RESOLVED.
IT'S REALLY OUR PROBLEM AND WE
WE HAVE THE POWER TO RESOLVE IT
WE DO.
IT THAT'S THE HEART OF OF OF
FUNCTIONING COURT SYSTEM OF FAIR
COURT SYSTEM.
AT AND REGARD IT TO WHAT WE NEED
TO DO TO RESOLVE OUR HOUSING
CRISIS WHICH WE ALL CLAIMS
SOMETHING WE WANT.
TO COMMITTED TO DOING -- AND
FINALLY I NOTE THAT THIS DOESN'T
CHANGE SEQUEL.
ALL THE REQUIREMENTS ALL THE
ENVIRONMENTAL REVIEWS THAT ARE
REQUIRED THE PUBLIC.
REVIEW PROCESS THE HEARING
PROCESS NOTED THAT GETS CHANGED --
BY THIS BILL.
AND FINALLY I DON'T WANT TO
INCENTIVIZE -- THIS TYPE OF
PROJECT IN HIGH FIRE ZONES I I
DON'T WANT TO DO THAT -- I I
DON'T REALLY SEE HOW THAT IS
APPLICABLE TO WHAT WE'RE
PROPOSING HERE.
BUT IF THAT'S THE STANDARD WHICH
I NEED TO EXPECTS SEAT TODAY. TO
A GET THE SUPPORT OF THIS
COMMITTEE THAT I'M I'M WILLING
TO WITHOUT EVEN UNDERSTANDING
FULLY.
THE IMPACT OF THAT AMENDMENT TO
TAKE IT -- I APPRECIATE YOUR
CONSIDERATION TO THANK YOU.
THANK YOU IN WITH THAT -- WE
WILL ENTERTAIN A MOTION.
MOBILE.
MOVED -- BY SENATOR CAFIERO --
AND WE WILL TAKE A VOTE AFTER I
I WOULD LIKE FOR YOU TO BE ABLE
TO HAVE THAT CONVERSATION WITH
SENATOR ALLEN SO THAT YOU'RE
BOTH ON THE SAME PAGE.
I I YOU YOU AGREE TO IT I I'D
CERTAINLY I'D BE IT YOU KNOW I I
WILL I WILL I PROMISE YOU I'LL
BE REASONABLE ABOUT ABOUT YOU
KNOW -- IF THERE'S SOME KIND OF
YOU HAVE SERIOUS ISSUE THAT THAT
AND THAT THAT THE THE THE THE
LANGUAGE RAISES THAT.
YOU KNOW THAT IS THAT THERE WAS
UNFORESEEN IN THE IN THE CONTEXT
OF THIS CONVERSATION WE'LL I
SOON WILL HOLD YOU TO THAT.
WE'LL GET OKAY ALL RIGHT
[inaudible]
OKAY.
SO I HAVE JUST BEEN -- READ SOME
OF THE RULES THAT APPLY AND
BECAUSE A MOTION HAS BEEN MADE.
WE HAVE TO TAKE THE VOTE AT THIS
POINT IN TIME -- YOU HAVE MADE
THAT COMMITMENT I YEAH.
WILL -- S. THAT THE BILL COME
BACK IF WE CAN'T WORK A
RESOLUTION BUT I THINK YOU'RE A
MAN OF YOUR WORD ON THIS TONIGHT
I HOPE THAT THAT WILL GET
RESOLVED.
ALL RIGHT THERE IS A MOTION TO
PASS AS AMENDED TO SENATOR
PROBES PLEASE CALL THE ROLL.
JACKSON [inaudible]
BORDERS YEAH.
BORDERS AYE ALLEN AYE ALLEN AYE
AYE CABALLERO.
CABALLERO AYE JONES.
JONES I AM MONNING [inaudible]
STERN [inaudible]
I'M BURKE.
NUMBER OF IOWA KELSEY.
WHAT HOUSE KENO?
OR TWO WE HAVE ALL THE MEMBERS
HERE.
ALL RIGHT OF THE BILL PASSES OF
FIVE TWO ONE THANK YOU -- CENTER
GLAZER.
AND NOW A VERY PATIENT SENATORS
SKINNER WHO'S HAD A LONG DAY ON
OUR OWN.
YOU HAVE TO MEASURES UP.
YEAH THANK YOU.
WE'LL START OF WITH A FILE ITEM.
THREE SB.
EIGHTEEN I WILL WAGER SECONDED
THE FOR THE ROOM TO QUIET DOWN
SO YOU YOU CAN GET STARTED
[inaudible]
ALL RIGHT
[inaudible]
OKAY.
AND THE AS WE START I'D LIKE TO
CONFIRM THAT YOU ARE ACCEPTING
THE AMENDMENTS THAT ARE LAID OUT
IN THE ANALYSIS BUT WITHOUT AN
INCOME CAP ON ELIGIBILITY. FOR
THE LEGAL AID SERVICES AT THIS
TIME IS THAT CORRECT YES THANK
YOU AND WE WILL I'VE COMMITTED
TO CONTINUE TO WORKING ON VERY
GOOD A INCOME CAP ISSUE.
THANK YOU.
PLEASE PROCEED AND IF I COULD
REMIND WITNESSES THAT THE GIVEN
THE HOUR AND THE GENERAL RULES
OF THIS COMMITTEE WOULD LIKE TO
WITNESSES -- PER SIDE TWO
MINUTES EACH AND THEN ANY
ADDITIONAL WITNESSES TO GIVE
THEIR IT KIND OF SHIN AND THEIR
SUPPORT OR OPPOSITION AS IS
APPROPRIATE SO.
CENTER SKINNER IF YOU'D LIKE TO
PROCEED THANKS SO MUCH THANK YOU --
MADAM CHAIR AND MEMBERS SB
EIGHTEEN IS A PREVENTION MEASURE --
WE HAVE OBVIOUSLY HAD MANY
DISCUSSIONS OVER THE LAST COUPLE
OF YEARS ABOUT CALIFORNIA'S
SIRIUS HOUSING CRISIS.
AND THEY'RE ONE OF THE THINGS
THAT GOES ALONG WITH THAT
HOUSING PRICES IS THE INCREASING
HOMELESSNESS.
NOW INTERESTINGLY THE DATA --
ARE HOMELESS POPULATION ROSE 16%
BETWEEN THE YEARS OF TWENTY
FIFTEEN AND TWENTY SEVENTEEN AND
THE ARE DIFFERENT COUNTIES AND
COMMUNITIES DO -- I'LL CALL THE
CENSUS BUT INDEPENDENT THE
CENSUS THEY COLLECT EVERY YEAR --
INFORMATION ABOUT WHO THEY'RE
HOMELESS POPULATION IS AND WHAT
WE'VE SEEN IS THAT THESE NEWLY
HOMELESS ARE PEOPLE THAT ARE
EMPLOYED.
THEY'RE WORKING.
THEY WERE RECENTLY HOUSED.
AND THEY ARE NOT MENTALLY ILL
AND THEY ARE NOT ADDICTED THESE
ARE PEOPLE WHO WERE JUST. FOR
EXAMPLE FOUR HUNDRED DOLLARS A
WAY OF FOUR HUNDRED DOLLARS
UNEXPECTED EXPENSE AWAY FROM
LOSING THEIR HOUSING BECAUSE
THEY COULD THEN BE THERE GOT
BEHIND IN THEIR RENTS.
THEY COULD MEET PAYMENTS AND
MANY OF THEM WERE NOT AFFECTED
BUT THEY LEFT THEIR HOUSING TO
AVOID EVICTION BECAUSE AN
EVICTION ON YOUR RECORD
BASICALLY CAN PREVENT YOU.
FROM BEING ABLE TO RUN AGAIN.
RIGHT NOW IN CALIFORNIA OVER A
QUARTER OF OUR RENTER'S.
SPEND OVER HALF OF THEIR INCOME
ON RENT.
SO WHAT THIS BILL DOES IS IT
INCREASES THE FUNDING TO THE
CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT WHICH
THEY ALREADY HAVE AN EMERGENCY
RENTAL ASSISTANCE FUND.
AND SO IT INCREASES THAT FUNDS
TO BE ABLE TO PROVIDE EMERGENCY
RENTAL ASSISTANCE TO KEEP PEOPLE
HOUSED.
AND IT WOULD ALSO INCREASE SOME
LEGAL AID MONIES TO ASSIST.
OUR PEOPLE TO IN EFFECT STAY IN
THEIR HOUSING -- D. SIMILAR
PROGRAM IN NEW YORK DECREASED.
PEOPLE LOSING THEIR PLACES OF
RESIDENCE BY A 14%.
AND IN OAKLAND A PROGRAM THAT
WAS ESTABLISHED JOSH LAST
OCTOBER HAS ALREADY ASSISTED
SEVEN HUNDRED AND FIFTY FAMILIES.
AND THE ORDER OF ASSISTANCE HAS
BEEN IN THE TWENTY FIVE HUNDRED
TO THREE THOUSAND DOLLAR RANGE.
AND ALL OF THOSE FAMILIES HAVE
BEEN ABLE TO RETAIN HOUSING
SINCE THEIR ASSISTANCE SO WITH
THAT I WOULD LIKE TO HAVE MY
WITNESSES IN SUPPORT AND I'VE
CARE AN ERICSSON FROM CATHOLIC
CHARITIES.
AND ALEXANDER HARDEN FROM THE
WESTERN CENTER ON LAW AND
POVERTY.
VERY GOOD GOOD AND GOOD EVENING
AND TO TWO MINUTES IF YOU WOULD.
YES THANK YOU -- THANK YOU SO%
MUCH FOR LETTING ME SPEAK ON
BEHALF OF SB EIGHTEEN AND
SENATOR SKINNER TOOK SOME OF MY
POINT SO MAYBE IT'LL -- SPEEDED
UP EVEN MORE BUT THE MAIN THING
I WANTED TO SAY ABOUT PREVENTION
IS THAT IT'S OF SMALL
INTERVENTION THAT'S THE MOST
HUMANE.
AND THE MOST EFFECTIVE.
ENDING HOMELESSNESS BEFORE IT
STARTS MAKES THE MOST SENSE SO
WE NEED WE NEED ALL OF OUR
HOMELESSNESS INTERVENTIONS WE
NEED TO BUILD MORE HOUSING WE
NEED.
HELP REYES RENTAL SUBSIDIES BUT
WE DEFINITELY NEED MORE FLEXIBLE
FUNDS TO KEEP PEOPLE IN THEIR
HOUSE -- WE HAVE.
BEEN ABLE -- TO OBVIOUSLY WITH A
SENATOR SKINNER SAID WE'VE BEEN
ABLE TO HELP OVER SEVEN HUNDRED
AND FIFTY HOUSEHOLDS.
WHICH OF COURSE IS THREE THAT
MEANS USUALLY THE AVERAGE
HOUSEHOLD SIZE IS.
THREE SO THAT'S LIKE OVER TWENTY
ONE HUNDRED OR SO -- FAMILIES
AND TO BUILD A HOUSING WITH
THOSE SAME AMOUNT OF DOLLARS WE
WOULD ONLY HOUSE A HUNDRED FIFTY
FAMILIES SO IT'S JUST THE MOST
REASONABLE AND EFFECTIVE.
AND POSITIVE INTERVENTION THAT
WE CAN DO -- HOW THE HOUSING
COSTS BURDEN IS IS IS THE
BIGGEST DRIVER OF THIS IS THAT
WHEN YOU SPEND -- SAY -- UP TO
IT IN ALAMEDA COUNTY THE AVERAGE
FAMILY SPENDING 44% OF THEIR
INCOME.
TOWARDS RENT AND THEN -- IN
COMMUNITIES OF COLOR IT'S UP
270%.
WHERE IS YOUR CUSHION WHERE'S
YOUR SAVINGS SOUL WHEN YOU LOSE
YOUR JOB WHEN YOU CAN'T GO TO
WORK?
WHAT DO YOU SUPPOSE TO DO WHERE
ARE YOU SUPPOSED TO GET THAT
EXTRA MONEY SO WE REALLY HAVE
FOUND THIS PROGRAM TO BE AN
AMAZING?
AMAZINGLY POSITIVE IMPACT IN
ALAMEDA COUNTY THANK YOU SO MUCH
THANK YOU.
GOOD EVENING TERM MEMBERS I'M
ALEXANDER HER NAME WITH THE
WESTERN CENTER ON LAW AND
POVERTY -- PLEASED TO SPEAK IN
SUPPORT OF SB.
EIGHTEEN THIS BILL CONTAINS A
NUMBER OF IMPORTANT
INTERVENTIONS FOR TENANTS AS WE
SEEK TO ADDRESS OUR HOUSING
CRISIS.
THE BILL MAKES MAKES PERMANENT
PROTECTIONS FOR TENANTS LIVING
IN FORECLOSED PROPERTIES WHICH
WILL OTHERWISE SUNSET THIS YEAR
AND WHICH PROTECT INNOCENT
TENANTS FROM AN ARBITRARY
AFFECTION AFTER FORECLOSURE
WITHOUT AFFECTING INFECTIONS
BASED ON TENANT FAULT.
IN ADDITION THE BILL PROVIDES
NEEDED FUNDING FOR RENTAL
ASSISTANCE RENTER EDUCATION AND
LEGAL SERVICES FOR TENANTS AT
RISK OF DISPLACEMENT -- WE'VE
HEARD ABOUT COST BURDEN AND I
WON'T REPEAT THAT -- BUT WE MUST
PREVENT MORE RENTERS FROM
FALLING INTO HOMELESSNESS AS WE
SEEK LONGER TERM SOLUTIONS TO
HOUSING AFFORDABILITY AND SUPPLY --
THE LEGAL SERVICES AVAILABLE
UNDER THIS BILL RANGE FROM EARLY
INTERVENTIONS SUCH AS
NEGOTIATING WITH LANDLORDS TO
ADDRESS A DISABILITY
ACCOMMODATION OR A DISRUPTION IN
INCOME -- TO EVICTION DEFENSE --
TO TO ADDRESS CASES THAT ARE
ACTUALLY FILED -- IT'S ESTIMATED
THAT ABOUT 90% OF LANDLORDS
BENEFIT FROM AN ATTORNEY IN THE
ELECTION PROCESS IN COURT.
AND APPROXIMATELY 90% OF TENANTS
DO NOT AND ARE FORCED TO
NAVIGATE THAT PROCESS ALONG --
SB EIGHTEEN BRINGS NEEDED RELIEF
TO RENTERS -- INCREASES THEIR
ABILITY TO AVOID EVICTIONS AND
DISPLACEMENT INCREASES FURNACE
AN EVICTION PROCESS -- AND
PRESERVES IMPORTANT PROTECTIONS
FOR TENANTS LIVING IN FORECLOSED
PROPERTIES AND WE ARE TECH
SUPPORT THANK.
THANK YOU VERY MUCH OTHER
WITNESSES IN SUPPORT IF YOU'D
COME UP TO THE MICROPHONE NAME
AFFILIATION AND YOUR POSITION
VERY BRIEFLY YES NO TWEENER.
I A SEVENTY AYE WITH -- WORKING
PARTNERSHIPS USA AND SILICON
VALLEY RISING I REPRESENTING ONE
HUNDRED AND ONE UNIONS AND SANTA
CLARA COUNTY IN STRONG SUPPORT
[inaudible]
THANK YOU.
NICCOLO DELUCA IN STRONG SUPPORT
ON BEHALF OF THE FOLLOWING
CITIES -- EMERYVILLE OAKLAND
BERKELEY SAN RAMON.
DANVILLE PLEASANTON DUBLIN
LIVERMORE REALLY WANT TO STRESS
THE NEED FOR THE EMERGENCY
RENTAL ASSISTANCE THANK YOU
THANK YOU VERY MUCH.
THE MAJORS BURNETT FROM THE SAN
FRANCISCO FOUNDATION IN SUPPORT.
THANK YOU. FIFTY IN RUSSIAN
STRONG SUPPORT FROM LEADERSHIP
COUNCIL FOR JUSTIN
ACCOUNTABILITY.
THANK YOU.
MORE TOP ON BEHALF THE CITY OF
SAN DIEGO IN SUPPORT THANK YOU.
TRUST BUCKLEY ON BEHALF OF US
TECHNO MAYOR THEY'LL STEINBERG
HIS SUPPORT THANK YOU.
SAYS THE MAN NOT LIKE HAS PUBLIC
AFFAIRS HERE ON BEHALF OF
HABITAT FOR HUMANITY EAST BAY
SILICON VALLEY IN SUPPORT.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT. THREE IN A ROW CITY
POLICY MANAGER WITH LEGAL
SERVICES FOR PURCHASE THE
CHILDREN AND WE'RE IN SUPPORT
[inaudible]
THANK YOU.
LENDING CROWDY LEGAL SERVICES
FOR PERSONS WITH CHILDREN IN
SUPPORT.
THANK YOU FOR ANY OTHER
WITNESSES IN SUPPORT WITNESSES
IN OPPOSITION.
ALL RIGHT SEEING NONE.
OF QUESTIONS SENATOR Y. KOWSKI.
IF THE THIRD PRONG OF YOUR
PROGRAM TO MENTAL ASSISTANCE AND
LEGAL ASSISTANCE STAFF REPORT ON
PAGE.
SIX TALKS ABOUT THE SKIMPING
THIS OF IT NOT.
WHAT E. R. WITH IT ARE YOU
LOOKING AT ANY FUSION OF MONEY
TO A LEGAL AID PROGRAMS THAT WE
WE FIND HERE IS THIS A DIFFERENT
FIND WITH RENTAL ASSISTANCE
WHAT'S YOUR THOUGHT BECAUSE IT'S
NOT?
IN THE BILL NOW SO THE IN THE
BILL WOULD -- OF COURSE
DEPENDING ON AN APPROPRIATION
INCREASE FUNDING TO AN EXISTING
PROGRAM RUN BY THAT -- HOUSING
COMMITTEE DEVELOPMENT DEPARTMENT
WHERE THERE IS WE ALREADY HAVE
ESTABLISHED THE STATE
CALIFORNIA'S ESTABLISHED AN
EMERGENCY RENTAL ASSISTANCE FUND.
HOWEVER IT IS NOT ADEQUATE --
BUT HOW THE HOW EIGHT C. D.
ADMINISTERS IT IS THEY DON'T
ADMINISTER INDIVIDUAL.
GRANTS TO INDIVIDUAL TENANTS BUT
RATHER THEY GIVE GRANTS TO
EITHER NON PROFITS COMMUNITY
AGENCIES OR CITIES OR COUNTIES
WHO THEN.
WOULD HAVE PROGRAMS TO PROVIDE
THIS RENTAL ASSISTANCE.
IN THE BILL HAS A CAP OF BASED
ON THESE AMENDMENTS ON HOW MANY
MONTHS AND WHAT AMOUNT -- BUT
BASICALLY WOOD HOW MUCH WOULD BE
AVAILABLE IS DEPENDENT ON THE
APPROPRIATIONS AND WHAT ARE
APPROVAL OF THIS BILL IF IF YOU
DO SO PROVE IT AND IT MOVES
FORWARD WOULD.
IT SHOW THE LEGISLATORS
LEGISLATURE'S INTENT TO INCREASE
THAT FUNDING NOW WITH THE LEGAL
ASSISTANCE THAT -- EMERGENCY
RENTAL ASSISTANCE FIND.
IN ITS GIVING GRANTS TO
COMMUNITY AGENCIES IN CITIES AND
SUCH.
IS NOT RESTRICTED TO RENTAL
ASSISTANCE ONLY AND ALLOWS FOR
LEGAL ASSISTANCE BUT WE WOULD
HAVE THE OPTION WE IS THE
LEGISLATURE. TO TO INCREASE THE
EXISTING LEGAL ASSISTANCE FUND
THAT WE HAVE OR TO ALLOW IT JUST
TO STAY WITH A TWO CD AND HAVE
THEM PROCEED AS THEY DO IN THEIR
HOUSING EMERGENCY FUND.
ANY OTHER QUESTIONS.
I I WANT TO THANK YOU FOR
BRINGING THIS BILL YOU BEAT ME
TO THE COURTHOUSE ON THIS ONE
BECAUSE WE HAD THIS DISCUSSION
UP IN BERKELEY -- I THINK THAT
WAS PART OF WHAT MOTIVATED YOU.
THE KEY THING HERE IS THAT
GIVING PEOPLE THAT LITTLE
LIFELINE.
SO THAT THEY CAN STAY IN THEIR
HOMES WERE FIND THAT SENIORS IN
PARTICULAR.
WHO'VE NEVER BEEN HOMELESS WHO
WERE NOT HOME.
GOING TO BE HOMELESS BECAUSE A
MENTAL HEALTH ISSUES OR
SUBSTANCE ABUSE BUT CHAO'S CAN'T
MAKE THAT PAYCHECK.
FIND THEMSELVES IN THE STREET
WHERE THEY WOULD OTHERWISE BE
ABLE TO STAY IN THEIR HOME WITH
THIS KIND OF A PROGRAM SO.
WORKING IF YOU WILL CONTINUE TO
DO SO WE'VE GOT A GHETTO SOME
FINE TUNING ON THE BILL WITH THE
LEGAL SERVICES ISSUE -- I AM
DELIGHTED TO SUPPORT IT AND I
WOULD LIKE TO BE ADDED AS A CO
AUTHOR SINCE YOU BEAT ME GREAT
TO BOTH OF THE BILL.
MOTION BY SENATOR MONNING WOULD
YOU LIKE TO CLOSE I THINK THE
STRONGEST CLOSES THAT.
WE SPEND NOW ARE EITHER OUR
CITIES OR COUNTIES WITH WITH
EMERGENCY SERVICES CALTRANS
CLEAN UP OTHER -- OTHER.
THINGS WE ARE SPENDING THIRTY TO
THIRTY FIVE THOUSAND DOLLARS PER
HOMELESS INDIVIDUAL IF WE CAN
SPEND 300-025-0002 PREVENT
SOMEONE FROM BECOMING HOMELESS
IT IS A VERY WISE INVESTMENT IN
WITHOUT I ASK FOR AYE VOTE.
ALREADY IS THERE A MOTION -- I'M
SORRY CENTER MORNING JUST MADE
THE MOTION TO PASS S. AMENDMENT
TO THE SENATE APPROPRIATIONS.
PLEASE CALL THE ROLL JACKSON HI
JACKSON I BORDERS.
ALAN.
ALLEN AYE CABALLERO [inaudible]
JONES.
JONES NO MONNING.
MONEY AYE STERN [inaudible]
NUMBER.
NUMBER TO IOWA CASKEY Y. CASKEY
I ALL RIGHT THAT HIS OF FIVE TWO
ONE WILL LEAVE THE ROLE OPEN BUT
THAT MEASURE WILL.
HAVE SUCCEEDED AND SO WE WILL
MOVE TO YOUR THANK YOU VERY MUCH
FOR YOUR TESTIMONY -- SENATOR
SKINNER HAS ONE OTHER BILL IT'S
FILE ITEM.
SEVEN SB -- THREE TEN THANK YOU
WHICH WHICH A SECOND SO THE
PEOPLE CAN LEAVE AN THE NOISE IN
THE HALLWAY IS ALWAYS A
CHALLENGE AND SIR.
IN THIS HEARING ROOM.
ALL RIGHT SIR SKINNER THE FLOOR
IS YOURS.
THANKS SO MUCH -- SO SB.
THREE TEN IS WHAT I FEEL IS A
VERY IMPORTANT JURY REFORM.
CALIFORNIA LAW GUARANTEES.
EACH OF US THE RIGHT TO A JURY
OF OUR PEERS.
BUT IN PRACTICE WE HAVE LAWS ON
THE BOOKS THAT HAVE SHRUNK THE
JURY POOL.
AND HAVE -- STOPPED OUR JURIES
FROM BEING REPRESENTATIVE AND
ONE OF THOSE LAWS IS THAT PEOPLE
WITH A PRIOR FELONY CONVICTION
ARE PERMANENTLY.
ELIMINATED FROM BEING ABLE TO
SERVE ON A JURY.
NOW WHAT DOES THAT DO.
IN CALIFORNIA FOR EXAMPLE.
ABOUT ONE THIRD OF AFRICAN
AMERICAN MEN WHO ARE RESIDING
CALIFORNIA ARE NW PREVENTED
FROM SERVING ON A JURY.
AND YOU CAN GET A FELONY FROM
SUCH THINGS.
NOT TO TO MINIMIZE BUT GRAFFITI.
OR DRUG OFFENSE.
THERE ARE A VARIETY OF FELONIES
WHICH I THINK FOR MOST OF US.
IF WE LOOK AT A PERSON WHO HAS
SERVED THEIR TIME.
AND IS FUNCTIONING IN OUR
COMMUNITIES IS THRIVING IN OUR
COMMUNITY.
WHY WE WOULD?
ELIMINATE THEIR ABILITY TO SERVE
ON A JURY WE'VE RESTORED THEIR
VOTING RIGHTS -- BUT YET WE
ELIMINATE THEIR ABILITY TO SERVE
ON A JURY.
SO BASICALLY WHAT SB THREE TEN
DOES IS REVERSE THAT AND ALLOW
PEOPLE WITH WHO WERE OFF OF
PROBATION AND HAVE.
A FORMER FELONY CONVICTION TO
SERVE ON A JURY IT ALSO EXPANDS
THE LIST THAT A COURT USES TO BE
ABLE TO SELECT JURORS BECAUSE IT
PRIOR WAS VERY LIMITED -- IN.
A FINAL THING I WOULD SAY IS
THAT.
WE WOULD NOT BE THE FIRST STATE
TO DO THIS WHATSOEVER WERE
BEHIND.
COLORADO ILLINOIS MAINE OREGON
FOR EXAMPLE OTHER STATES HAVE A
ALLOW DO YOU ALLOW PEOPLE WITH
FORMER FELONY CONVICTIONS TO
SERVE AND WITHOUT I WOULD LIKE.
MY WITNESSES IN SUPPORT -- WE
HAVE AMINAH ELSTER FROM LEGAL
SERVICES FOR PRISONERS WITH
CHILDREN AN OSCAR -- BARBRO WHO
SEE PUBLIC DEFENDER FROM SOLANO
COUNTY.
THANK YOU VERY MUCH -- WELCOME
IN IF YOU WOULD EACH BE TWO
MINUTES EACH.
THANK YOU MADAM CHAIR MEMBERS MY-NAME IS A MEAN ELSTER -- AND I'M
HERE ON BEHALF OF LEGAL SERVICES
FOR PRISONERS OF CHILDREN AND I
STRONGLY SUPPORT SB.
THREE TEN I AM A CALIFORNIA
NATIVE AND I HAVE NEVER SERVED
ON A JURY AND HAVE ONLY
PARTICIPATE IN OUR ELECTION
PROCESS ONCE.
IT WASN'T SO AFTER MY
CONFINEMENT IN THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION THAT I REALIZE
THE RAMIFICATIONS MY PAST
MISTAKES AND FELONY CONVICTIONS
WOULD HAVE ON MY FUTURE AS A
CITIZEN HERE IN THIS GREAT
CRUNCHING.
CUT GREAT GREAT COUNTRY.
THE PERMANENT EXCLUSIONS I FACE
TODAY SERVE AS A CONSTANT
REMINDER OF THE PERSON I USED TO
BE AND THE MISTAKESI MAY LONG
AGO.
I AM GAINFULLY EMPLOYED A
STUDENT OF HIGHER EDUCATION AND
CONTRIBUTE REGULARLY TO OUR
ECONOMY JUST AS EVERY OTHER LAW
ABIDING CITIZEN TODAY.
AS A LEGAL STUDIES MAJOR I AM
FURTHER REMINDED THAT ALTHOUGH
CERTAIN INSTITUTIONS HAVE
EMBRACED ME BACK INTO THE
COMMUNITY THE STATE OF
CALIFORNIA CONTINUES TO SHUT ME
OUT OF PROCESSES.
THAT ARE FUNDED FUNDAMENTAL TO
WHAT IT MEANS TO BE CLASSIFIED
AS A CITIZEN.
IT SHOULD BE NOTED THAT RESEARCH
DEMONSTRATES THAT JURY DIVERSITY
INCREASES THE OVERALL QUALITY OF
DELIBERATIONS.
STUDIES ALSO SUGGEST THAT
PROPERTIES A POTATO.
BROAD PARTICIPATION EXTENDS THE
EDUCATED REACH OF THE JURY
POSSIBLY PROMOTING THE
SUBSEQUENT INCREASE IN THE RATE
AT WHICH FORMER JURORS TAKE PART
IN POLITICAL PROCESSES.
DIVERSITY OF SERVICE ALSO
LEGITIMIZES JURY VERDICTS
ESPECIALLY FOR TRADITIONALLY
MARGINALIZED CITIZENS.
BY EXTENDING THE OLDER PRIOR
FELONY CONVICTIONS FROM THE
VENEER BELEN JURY EXCLUSION
STATUES DEFEAT THESE POTENTIAL
BENEFITS OF WIDESPREAD PROTESTS
PARTICIPATION IN THE JURY
PROCESS.
THIS IS GOOD IN EVERY PROCESS
AND NOT ROOTED IN RESEARCH AND
EVIDENCE AND BUILD A PRIOR
FELONY CONVICTIONS POSE LITTLE
HARM TO SERVING ON THE JURY.
THE VALUE OF X. INCLUSION WILL
FOSTER TRANSFORMATION FROM THE
FACT THAT I AM AN ASSET AND NO
LONGER LIABILITY.
I'M A STRONG BELIEVER THAT
JURISDICTION'S COULD VERY WELL
BENEFIT FROM INCLUSION WHICH
WOULD DEMONSTRATE ULTIMATE SHOW
OF TRUST AND WELCOMING EXTENDED
TO FOLKS RETURNING TO THEIR
COMMUNITIES. FOR THESE REASONS I
ACTS FOR YOUR AYE VOTE TODAY
THANK YOU VERY MUCH NEXT WITNESS
TWO MINUTES PLAY.
MY NAME'S OSCAR BARBARA I'M THE
VICE PRESIDENT OF THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION AND
CHIEF DEPUTY PUBLIC DEFENDER IN
SOLANO COUNTY.
ON CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IS THE LARGEST
ORGANIZATION OF CRIMINAL DEFENSE
ATTORNEYS IN CALIFORNIA WITH
PROXIMALLY FOUR THOUSAND MEMBERS
AND WE ARE PROUD CO SPONSOR OF
THIS BILL. FOR THE LAST SEVERAL
DECADES MY COLLEAGUES AND I HAVE
WITNESSED.
CALIFORNIA'S CRIMINAL JUSTICE
JUSTICE SYSTEM
DISPROPORTIONATELY PROSECUTE IN
OUR COURTS MEMBERS OF THE
AFRICAN AMERICAN AND HISPANIC
POPULATIONS OF OUR STATE.
RELATIVE TO THEIR NUMBERS IN THE
POPULATION.
HOWEVER WHAT IS NOT BEEN
ACKNOWLEDGED -- DRESSED IN OUR
CRIMINAL JUSTICE SYSTEM HERE.
IS THAT WE ARE SELECT WHEN WE
ARE SELECTING A JURY TO DECIDE
THE FATEOF OUR CLIENTS ACCUSED
OF CRIMINAL BEHAVIOR.
THE REVERSE OF THAT SITUATION
EXISTS.
THAT IS THERE IS A
DISPROPORTIONATE NUMBER OF
CAUCASIAN RESIDENTS IN THE JURY
POOLS RELATIVE TO THEIR NUMBERS
IN THE COMMUNITIES WHERE THE
CASES ARE PROSECUTED.
AND BECAUSE SIGNIFICAN UNDER
REPRESENTATION OF AFRICAN
AMERICAN AND HISPANICS IN THOSE
JURY POOLS.
DESPITE DECADES OF THIS
PHENOMENON BEING EXPOSED IN OUR
TRIAL AND APPELLATE COURTS.
THIS PHENOMENON REMAINS. TO
TUESDAY THE SYSTEMATIC EXCLUSION
OF MINORITY RESIDENTS.
THAT RESULTS FROM OUR CURRENT
JURY SELECTION PROCESS BY ONLY
USING TWO LISTS.
PART OF MOTOR VEHICLES IN VOTER
REGISTRATION LISTS. THIRTY THREE
OTHER STATES IN THIS COUNTRY USE
ADDITIONAL LISTS IN ADDITION TO
THOSE TWO LISTS.
THE LEGISLATION BEFORE YOU
ACKNOWLEDGES THE CALIFORNIA
SYSTEM OF JURY SELECTION IS LONG
OVERDUE FOR A CHANGE IN ORDER
PROTECT THE UNDER REPRESENTATION.
OF MINORITY RESIDENTS IN IS YOUR
CORRECT THE UNDER REPRESENTATION.
OF MINORITY RESIDENTS IN HISTORY
POOLS.
ESPECIALLY GIVEN ITS CONTINUED
OVER REPRESENTATION OF THE
MINORITY POPULATIONS OF THIS
STATE AS CRIMINAL DEFENDANTS AT
OUR COURT ROOMS.
I CAN'T EXPRESS TO YOU HOW
DISHEARTENING FRUSTRATING AND
DEVASTATING IT IS TO TURN TO A
CLIENT WHOSE DUTY IT IS TO
PROTECT THEIR CONSTITUTIONAL
RIGHT.
AND WHEN THAT PANEL WALKS IN THE
COURT ROOM TURN AROUND AND SAY
THERE ISN'T A SINGLE PERSON THAT
IS THE SAME RACE AS YOU OR IF
THEY CAN LOOKS LIKE YOU THANK
YOU FOR YOUR TESTIMONY.
THANK YOU.
ALL RIGHT OTHER WITNESSES IN
SUPPORT IF YOU PLEASE STEP FOR
DAMON AFFILIATION VERY CLEAR SHE
HARM BOB OF THE CALIFORNIA PLAY
MILLERS ASSOCIATION IN SUPPORT
THANK YOU.
JESSICA CENTER ABOUT RECORDS
ADVOCATES IN SUPPORT THANK YOU.
THE BEING ACROSS CITY POLICY
MANAGER WITH LEGAL SERVICES FOR
PERSONS WITH CHILDREN PROUD CO
SPONSORS AND STRONG SUPPORT.
THANK YOU.
I'LL HANDLE IT ON ON BEHALF OF
NEXT AND CALIFORNIANS SUPPORT
THANK YOU.
THE THIRTY AS WE HAVE A STATE
BUILDING AND CONSTRUCTION TRADES
COUNCIL IN SUPPORT.
THANK YOU.
MIKE A DOCTOR OFF ON BEHALF OF
THE ACLU OF CALIFORNIA WE ARE
PROUD CO SPONSORING AND STRONG
SUPPORT.
THANK YOU.
JIM LINDBERGH ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
CALIFORNIA IN STRONG SUPPORT
[inaudible]
Q..
LONDON GRAVITY WILL LEGAL
SERVICES OUR PRISONS ARE
CHILDREN IS STRONG SUPPORT.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
ALL RIGHT WITNESSES IN
OPPOSITION AND AS YOU COME
FORWARD I'D LIKE TO CONFIRM WITH
THE AUTHOR.
THAT YOU WILL BE TAKING THE
AMENDMENT THAT WE HAD REQUESTED
DEALING WITH -- GOOD A KIND OF
CLOSING -- THE CONCERNS ABOUT --
THE DISCLOSURE OF THE NAMES OF
THE INDIVIDUALS YES THERE'S A
PRIVACY AMENDMENT AND APOLOGIES
FOR MY NOT OPENING WITH --
THERE'S A COUPLE OF TECHNICAL
AMENDMENTS THAT ARE LISTED IN
THE ANALYSIS AS WELL AS THE
PRIVACY AMENDMENT THAT YOU ARE
DESCRIBING AND I YES I AM TAKING
THOSE THANK YOU VERY MUCH SO
WITH THAT I DON'T KNOW WHAT THE
OBJECTION IS BUT PLEASE STEP
FORWARD -- THOSE IN OPPOSITION
TWO MINUTES PLEASE.
THANK YOU MADAM CHAIR AND
MEMBERS OF THE COMMITTEE --
LARRY MORE SOME BEHALF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION WE ARE RESPECTFULLY
OPPOSED TO SB THREE TEN AS WE
UNDERSTAND THE BILL ALL FELONS.
EXCEPT THOSE INCARCERATED AT THE
TIME OF THEIR JURY SERVICE WOULD
BE ELIGIBLE TO SERVE ON A JURY.
THIS IS REGARDLESS OF WHETHER
THEY HAVE COMMITTED SERIOUS
FELONIES VIOLENT FELONIES CRIMES
AGAINST CHILDREN OR SEX OFFENSES.
AND REGARDLESS OF HOW MANY
FELONIES THEY'VE BEEN CONVICTED
OF COMMITTEES.
WE BELIEVE THE BILL AS CURRENTLY
DRAFTED WOULD HAVE A NEGATIVE
IMPACT ON THE INTEGRITY OF THE
JURY PROCESS.
AND WOULD RESULT IN MORE COSTLY
AND TIME COLLECTION OR TIME
CONSUMING SELECTION OF JURIES.
IT IS EASY TO IMAGINE THAT SOME
FELONS MAY HARBOR DEEP SEEDED
BIAS AGAINST PROSECUTORS AS A
RESULT OF THEIR FELONY
CONVICTIONS.
IN WHAT MANNER WILL PROSECUTORS
BE ABLE TO INQUIRE AS TO WHETHER
SUCH BIASES EXIST WILL IT HAPPEN
IN OPEN COURT IN WHICH PERSONS
CONVICTED OF FELONIES WILL HAVE
TO ACKNOWLEDGE PUBLICLY THAT
THEY HAVE SUFFERED FELONY
CONVICTIONS.
WILL THE PROSECUTOR OR DEFENSE
ATTORNEY BE ENTITLED TO KNOW THE
NATURE OF THE FELONY CONVICTION
OR WHETHER THE PERSON IS
CURRENTLY ON PAROLE OR OTHER
SUPERVISED RELEASE.
IS ALSO NOT HARD TO IMAGINE THAT
SOME JURORS WILL BE SERIOUSLY
UNCOMFORTABLE LEARNING THAT THEY
MAY BE SERVING ON A JURY WITH A
PERSON CONVICTED AND POSSIBLY
STILL ON PAROLE. FOR A SERIOUS
OR VIOLENT OR SEXUALLY MOTIVATED
FELONY AND MAY SEEK TO BE
EXCUSED FROM JURY SERVICE FOR
THAT REASON.
THE BIAS ALSO COULD WORK AGAINST
DEFENDANTS SINCE A FELON WHO WAS
ON PROBATION OR PAROLE MIGHT
FEAR REPERCUSSIONS OF HERE SHE
VOTES TO ACQUIT THE DEFENDANT.
AT LAST CHECK FORTY NINE STATES
THE DISTRICT OF COLUMBIA AND THE
ENTIRE FEDERAL COURT SYSTEM ALL
RESTRICT FELONS FROM SERVING AS
JURORS.
IN TWENTY EIGHT STATES AND THE
FEDERAL COURT SYSTEM THOSE
RESTRICTIONS ARE PERMANENT
BARRING A FELON FROM JURY
SERVICE FOR LIFE IN MOST
REMAINING STATES CONVICTED
FELONS MAY NOT SERVE AS JURORS.
UNTIL THE COMPLETION OF THEIR
SENTENCE WHICH INCLUDES PAROLE
AND PROBATION.
THESE ARE SENSIBLE RESTRICTIONS
THAT HAVE EXISTED SINCE THE
FOUNDING OF THIS NATION THESE
RESTRICTIONS ARE ALSO MATERIALLY
DIFFERENT THAN DENYING A FELON
THE EXERCISE OF HIS OR HER RIGHT
TO VOTE.
VOTING IS A SOLITARY ACTION THE
DOES NOT OTHERWISE IMPEDE ANY
OTHER LAWFUL EXERCISE OF RIGHTS
AS WOULD SERVING ON A JURY WHICH
MAY COMPROMISE THE RIGHT TO A
FAIR TRIAL FOR BOTH THE
PROSECUTION AND DEFENSE.
THANK YOU.
WE ASK FOR A NO VOTE THANK YOU
SIR -- ANY OTHER WITNESSES IN
OPPOSITION THEN WE'LL TAKE
QUESTIONS ANY OTHER WITNESSES IN
OPPOSITION.
MARCHING IN HEARING ON WE'LL
START WITH SENATOR ALLEN AND
SENATOR BOAR JUST TO TO RAISE
YOUR HAND.
AND THEN A SENATOR UMBERG.
AND IT'S AN URGENT I GUESS MY
QUESTION THE OPPOSITION I'VE
SERVED ON A JURY AND I WAS.
SERVED ON JURY WALLS SENATOR --
DIVE SAW THE WHOLE WIDE HERE I
PROCESS PLAY OUT THE ASK
QUESTIONS THEY FIND OUT WHAT
PEOPLE'S IN THE THE PROBE AS
BEST THEY CAN.
OUR WHAT WOULD STOP A PROSECUTOR
FROM ASKING THE SAME KINDS OF
THE KINDS OF QUESTIONS THAT THEY
ASK OF ANY POTENTIAL JEREMY JUST
BECAUSE FIVE YEAH.
SOMEONE MAY HAVE BEEN A
CONVICTED FELON THEY MAY BE THE
BROTHER OF CONVICTED FOUND IN
THE MIDST OF THE SAME BIASES AND
THOSE OF THE THAT'S UP TO THE
PROSECUTOR.
TO THE FIGURE OUT AND DISEASE
THE TERM WHERE THEY WANT TO KICK
HIM OFF AT A JUROR JURY POOL OR
NOT.
THE BROTHER OF A CONVICTED FELON
IS MUCH DIFFERENT THAN A
CONVICTED FELON WHO IS SITTING
ON A JURY YOU'RE ASKING A PHONE
FIRST TO DISCLOSE.
IN OPEN COURT THAT HE OR SHE HAS
BEEN CONVICTED OF A FELONY AND
IT MAY LEAD TO QUESTIONS THAT
ARE ICREDIBLY INTRUSIVE FOR
THAT -- PERSPECTIVE JURORS WELL
WHETHER CRIMES OR SEXUAL NATURE
CHILD MOLESTATION RAPE MURDER
WHATEVER THOSE CRIMES MAYBE AND
THESE PEOPLE MAY STILL BE ON
PAROLE OR PROBATION.
I'VE BEEN A PROSECUTOR THAT'S A
GOOD POINT TWO YEARS SO WHAT'S
THE PROCESS TO IT SO SURELY
THERE ARE ALL SORTS OF
POTENTIALLY VERY SENSITIVE
QUESTIONS THAT THAT COULD COULD
BE ASKED IN THE COULD CAUSE
TROUBLE. FOR THE PERSON BEING
ASSN BY THE WAY IS JUST SOMEONE
WHO IS.
ORDERED TO SHOW UP THE COURTS --
YOU KNOW THEY DIDN'T SHOW UP
BECAUSE THEY KNOW SO THEY WANT
TO DO SO WE GOT SOME EXPERTS
HERE -- WHAT WHAT WHAT HOW WOULD
HOW DO YOU RESPOND AS I I YOU
KNOW WE DO WANT TO PROTECT THAT?
THE PROCESS WE ALSO WANNA
PROTECT THE PRIVACY OF THROUGH
THE CHAIR.
THANK YOU WELL FIRST I WANT TO
CORRECT THE RECORD.
IT IS INACCURATE THAT FORTY NINE
STATES PREVENT FELONS FROM BEING
ON THE JURY IN FACT -- COLORADO
ILLINOIS MICHIGAN IN RHODE
ISLAND AS WELL AS MAIN IN OREGON
ALLOW PERSONS WITH FORMER FELONY
CONVICTIONS AS LONG AS THEIR
SENTENCES ARE COMPLETED THE
SERVANT A JURY.
AND THE A THE THIS IS NOT AN THE
ANYWAY WE'LL WE'LL LEAVE IT AT
THAT THERE ARE ALSO A NUMBER OF
OTHER STATES THAT ALLOW.
CONVICTED FELONS TO SERVE ON THE
JURY AFTER A STATUTORILY DEFINED
PERIOD.
AND THERE'S OTHERS TO ALLOW.
UNLESS STATE THERE WERE JUST
CERTAIN CRIMES SO WE WE ARE
BEHIND IN THAT WE EXCLUDE ANY
FORMALLY CONVICTED PERSON.
I FORMALLY FELONY CONVICTED
PERSON FROM SERVING ON A JURY
NOW IS TO THE CENTER ALLEN YOU
WERE ASKING ABOUT.
THAT THE PRIVACY ISSUE SO WE WE
ARE TAKING THE AMENDMENT -- AND
SO.
I THINK THAT -- I'M [inaudible]
HOLD ON ALL RIGHT SO THE
AMENDMENT IS THAT LITIGANTS
SEEKING TO OBTAIN COPIES OF THE
LISTS OF ALL JURORS NAMES.
INCLUDING THE IDENTIFYING
INFORMATION OF ALL PERSONS WHO
PREVIOUSLY SERVED AS JURORS --
IN SUPPORT OF A MOTION TO QUASH
THE VENEER OR IN DISCOVERY FOR
THAT MOTION SHOULD BE PROVIDED
COPIES OF THE LIST UPON REQUEST.
TO BE USED ONLY FOR THE PURPOSE
OF THE MOTION TO QUASH AND THEN
RETURN TO THE COURT AT THE
CONCLUSION OF THE LITIGATION OF
THE MOTION.
IT IS YEAH IT'S ON PAGE OF SIX
RIGHT BEFORE STAKEHOLDER
POSITIONS [inaudible]
SENATOR -- THIS WOULD BE
[inaudible]
ALLOW.
FOR THE PROSECUTOR TO FIND OUT
WHETHER THERE IS A CONVICTION
AND OR OR THEY HAVE THE NAMES
THEY COULD RUN THE NAMES AT THE
IDEA [inaudible]
SO.
WHEN IT WOULD YU LIKE TO
RESPOND UP WILL HAVE THE WITH
THOSE UNITS HAVE A QUESTION
RIGHT SO I DO WE WANT TO MAKE
SURE THAT THAT?
WOULD BE WE WE'RE BEING
SYMPATHETIC TO RIGHT WE'RE
TALKING ABOUT TWO DIFFERENT
THINGS YOUR QUESTION ABOUT BIAS
TO ADDRESS HIS QUESTION.
HIS STATEMENTS ABOUT BIASED
EVERY JURY AUTOMATIC MY BIAS.
AS I'M TALKING ABOUT THE ISSUE
HERE HERE WE ARE RIGHT WE HAVE A
BILL THAT SEEKS TO HELP.
TO RE INTEGRATE.
FOLKS TO HAVE DONE THEIR TIME
COME BACK INTO SOCIETY AND
PARTICIPATES ASIDE INCLUDE
SERVING ON A ON A JURY
[inaudible]
I NOW.
A PROSECUTOR WORTH THEIR SALT.
IS GONNA TRY TO FIND OUT ABOUT
THE BACKGROUND OF THE VARIOUS --
JURORS RIGHT WHEN THEY'RE BEFORE
WHEN THEY'RE MAKING JURY
SELECTION.
AND THEY DON'T WANT TO KNOW --
IF THERE'S SOME WAS CONVICTED AS
A TRIAL OF A FELONY IF THAT'S
RELEVANT TO THE CASE.
HOW DO WE PROTECT THE PRIVACY OF
THAT PERSON?
ARE YOU KNOW AND AND MAKE SURE
THEY'RE NOT RAKED OVER THE COALS
IN FRONT OF THIS BIG JURY POOL.
I SO AS TO YOU KNOW BOTH MEET
THE GOALS THAT YOU HAVE -- WHILE
ALSO -- YOU KNOW IT COULD
FORMING IT WITH THE VOIR DIRE
PROCESS IN TWO WAYS -- IN EVERY
JURY SELECTION PROCESS THERE'S
USUALLY A WRITTEN QUESTIONNAIRE --
THAT'S DISTRIBUTED TO JURORS
BEFORE THEY SIT DOWN AND START
ANSWER QUESTIONS ONE OF THOSE
QUESTIONS IS HAVE YOU OR ANYONE
CLOSE TO YOU BEEN CONVICTED OF A
FELONY OR HAD A CONTACT WITH THE
CRIMINAL JUSTICE SYSTEM.
THAT'S A STANDARD QUESTION ON IN
IN ON THE FORM IN ALMOST EVERY
CASE I DON'T KNOW IF YOU HAD
THAT EXPERIENCE.
BUT THOSE ARE USUALLY
DISTRIBUTION IF THEY'RE NOT THE
COURT ASKED THAT QUESTION IF THE
PERSON WANTS TO ANSWER ANY
QUESTION IN PRIVATE THEY CAN DO
THEY REQUEST TO GO INTO CHAMBERS
THE SAME IS WOULD BE TREATED OF
A VICTIM OF A SEXUAL ASSAULT IF
YOU'RE TRYING TO SETTLE SO.
CASE AND THEY AND THE COURTS AS
IF YOU DON'T WANT TO DISCUSS
WHAT'S PERSONAL TO YOU WE CAN GO
INTO CHAMBERS WHERE ONLY THE
LAWYERS AND WE WILL SEAL THE
TRANSCRIPT AND THAT GOES ON
EVERYDAY AND IN EVERY SINGLE
TRIAL.
IN ORDER TO PROTECT THE PRIVACY
OF PEOPLE THAT DON'T WANT TO
DISCLOSE INFORMATION ABOUT
THEMSELVES PUBLIC.
OCCUR.
OKAY SO TWO DIFFERENT OKAY VERY
GOOD -- SENATOR BORCHERS YOU
MENTIONED THAT THERE WERE TWO
WAYS THAT -- THE JURY ROLES ARE --
ARE ARE MADE.
ARE MADE FROM THE LIST BUT THERE
IS A THIRD THAT OTHERS USE
WHAT'S THAT THIRD.
THERE'S A LOT TO OTHER OF LIST
THIS LEGISLATION IS PROPOSING
ADDING TAX FILING -- A UTILITY
LISTS -- AND AND THE STANDARD
VOTER REGISTRATION AND DIVINE
MOTOR VEHICLES.
NUMBER OF STATES USE OTHER KINDS
OFLIST ALASKA WHICH HAS THE THE
MOST COOPERATIVE JURY POOL USES
THEIR REWARD OF THE MONEY FOR
ALL CITIZENS LIST.
AND ALL THOSE PEOPLE HAPPEN TO
BE SUMMONED IS STILL A SERVER IS
ON THAT LIST BECAUSE THEY WANT
TO BE BUT BUT A NUMBER OF STATES
ARE USING.
A VARIETY OF DIFFERENT LISTS.
ENTER AN ARC ARC OUR STATE HAS
ALLOWED FOR THAT.
THE PROBLEM IS THAT THERE'S
ALWAYS BEEN A PRESUMPTION THAT
THOSE TWO LISTS DEPARTMENT MOTOR
VEHICLE AND VOTER REGISTRATION.
ARE REPRESENTATIVE OF A CROSS
SECTION.
AND THAT PRESUMPTION IS WHAT
WE'RE TRYING TO DO AWAY WITH IN
IN THIS BILL.
AB ON EXTERNAL STAND THIS.
THIS THIS BILL -- NOT ONLY
APPLIES TO THE THE FOLKS WHO HAD --
CRIMINAL RECORD BUT THE RULES
THEMSELVES WILL BE -- EXPANDED
BY USING THESE OTHER LESS RIGHT.
DO WE HAVE ANY REASON TO THINK
THAT JUST THE LATTER.
EXPANDING THE LIST WOULD GIVE US
GREATER PARTICIPATION AND
GREATER DIVERSITY REFLECTIVE OF
THE COMMUNITY COMPOSITION -- IF
ED THROUGH THE CHAIR IF I MAY
ANSWER THESE.
CERTAINLY EXPANDING THE LIST
WILL HELP WITH A BROADER JURY
POOL BUT AS I MENTIONED WITH OUR
CURRENT PROHIBITION [inaudible]
A THIRD.
OF AFRICAN AMERICAN MALE
RESIDENTS IN CALIFORNIA ARE
EXCLUDED FROM JURIES.
JUST WITH THE RULE THAT EXCLUDES
ANY EX FELON.
SO REGARDLESS OF WHAT OTHER LIST
WE MIGHT ADD WE ARE STILL
EXCLUDING.
AT LEAST A THIRD.
OF THE BLACK RESIDENT MALE
RESIDENTS OF CALIFORNIA.
UNLESS WE ACT ON THIS -- THANK
YOU FOR OF SENATOR UMBERG.
THANK YOU MANAGER A COUPLE OF
ISSUES ONE IS -- OR COMMENTS --
ONE WE DO ONE X. BEEN THE JURY
POOL OF THANK YOU VERY MUCH.
FOR EXPLORING THAT WITH ALL OF
US SECONDLY OF I'VE SPENT A LOT
OF MY CAREER.
TRYING TO KEEP PEOPLE ON JURIES
OR TRIED TO MAKE SURE THAT WE
EXPAND OF THE POOL
CONGRATULATIONS TO YOU TO WANT
TO ACTUALLY.
SERVE AND THEN ADVOCATING ON
BEHALF OF OTHERS THAT THAT YOU
WANT.
TO INCREASE THE JURY POOL -- I
ALSO BELIEVE THAT ONCE SOMEONE
IS COMPLETELY -- SENDS THEIR
FULL CIVIL RIGHTS SHOULD BE
RESTORED.
THE QUESTION IS IS I LOOK AT THE
BILL IT SAYS THIS ONLY --
EXCLUDES PERSONS WHEN THEY'RE
INCARCERATED BUT THE SENTENCE
TYPICALLY CONTINUES BEYOND
INCARCERATION WHETHER IT'S
SUPERVISED RELEASE PAROLE OR
PROBATION.
SO SOMEONE'S ON SUPERVISED
RELEASE WOULD THEY BE ELIGIBLE
TO SERVE ON IT ON THE JURY.
YES A CITY UNDER THIS BILL YES
OKAY.
I DO HAVE A CONCERN THAT SOMEONE
HASN'T COMPLETED THEIR SENSE
UNTIL THEY'VE COMPLETED
SUPERVISED RELEASE PROBATION OR
PAROLE.
THAT POINT IN TIME THEN THEY
SHOULD BE PERMITTED TO DO ALL
THOSE THINGS THAT ONE WOULD DO --
PRIOR TO HAVING A FELONY
CONVINCE MY PERSONAL VIEW.
SO I I I'M HOPING YOU'LL
CONSIDER THAT AMENDMENT THAT
THIS BILL WOULD APPLY TO THOSE
WHO'VE COMPLETED THEIR SENSE.
THE I BELIEVE IT WAS SENATOR
JONES HAD A QUESTION.
WELL LET ME ASK MORE DIRECTLY --
BECAUSE THAT'S MY CONCERN AS
WELL AND YOUR FIRST PHONE TO SAY
THANK YOU FOR BRINGING THIS
ISSUE I NEVER EVEN THOUGHT ABOUT
THIS SO THE FACT THAT YOU'RE
BRINGING IT FORWARD AND AND
GETTING OUR ATTENTION ON IT.
I THINK IS GOOD -- I COULD SERVE
CERTAINLY SUPPORT -- THE CONCEPT
OF THE BILL BUT I I SURE CENTER --
BURGERS -- CONCERNS I THINK I
WOULD TAKE IT MAYBE ONE MORE
STEP FURTHER IN THAT.
YOU KNOW ONCE OF FELONS -- CIVIL
RIGHTS ARE RESTORED -- I THINK
THIS SENDS A POWERFUL MESSAGE TO
THAT PERSON.
THAT SOCIETY IS MAKING AN
INVESTMENT.
INTO THAT PERSON AND WE TRUST
YOU.
THIS IS A BIG DEAL SERVING ON A
JURY -- AND SO HOW HOW DO YOU
DRESS THAT I MEAN WHY WHY NOT
PUT SOME RESTRICTIONS RIGHT OR
YOU KNOW YOU KNOW IT -- I GUESS
AS MICHAEL WHY NOT.
BUT SOME LIMITATIONS ON IT.
SO THERE IS A BILL.
CURRENTLY GOING THROUGH THE
LEGISLATURE THAT WOULD GIVE
VOTING RIGHTS -- TO PERSONS IN
CALIFORNIA WHO ARE ON PAROLE OR
PROBATION.
WE CALIFORNIA DOES NOT OBVIOUSLY
ALLOWS FORMERLY CONVICTED FELONS
TO VOTE -- BUT IT STILL
RESTRICTS IF YOU'RE ON PROBATION
OR PAROLE AND IF YOU LOOK AT THE
LENGTH OF TIME.
THAT WE NOW REQUIRE THAT WE HAVE
MANY -- PROBATIONARY PERIOD'S --
IN EFFECT WE WE WE HAVE SOME
SENSE IS THAT BASICALLY KEEP A
PERSON ON OF PAROLE RATHER FOR
ALMOST. FOR ONE TWENTY THIRTY
FORTY YEARS SO IN EFFECT WE'RE
PREVENTING THEIR CIVIL RIGHTS
FOR EVER BEING RESTORED.
SO GIVEN THAT THE OTHER BILL'S
GOING THROUGH I CAN'T PRESUME
THAT IT WOULD PASS.
BUT WHAT I THINK IS APPROPRIATE
IS THAT YOUR FULL CIVIL RIGHTS
SHOULD BE RESTORED AND THERE ARE
OTHER STATES WHO HAVE DONE THIS.
ONCE YOU HAVE.
YOU LEFT YOUR INCARCERATION.
AND BUT THAT'S MY OWN VIEW --
AND CLEARLY THE VIEWS OF THOSE
SUPPORTERS OF THIS BILL WHO ARE
ALSO SUPPORTING THE BILL THAT
WOULD RESTORE VOTING RIGHTS. TO
PEOPLE THAT ARE ON PAROLE
[inaudible]
I'M [inaudible]
BUT YOU KNOW CERTAINLY -- AS WE
MOVE THE BILL FORD IF WE
CONFRONT -- CIRCUMSTANCES WHERE
WE HAVE TO MAKE MODIFICATIONS --
THOSE WILL BE CONSIDERED BUT WE
ARE CERTAINLY RIGHT NOW TRYING --
TO BOTH WRISTS DEUCE RECIDIVISM
AND RESTORE PEOPLE'S CIVIL
RIGHTS -- SO WITH WITH THAT I
WOULD LOVE TO SUPPORT A BILL
LIKE THIS I CAN'T SUPPORT THIS
ONE TODAY.
ALTHOUGH NO TODAY BUT IF AS YOU
MOVE IT FORWARD IF YOU GET TO
THE POINT WHERE YOU'RE HAVING TO
AMEND IT -- I WANT TO KNOW SO
THAT.
MAYBE I CAN VOTE FOR YOU KNOW
LATER ON THANK YOU.
THANK YOU -- ANY OTHER COMMENTS
RIGHT A CHURCH THE I'M I'M ALSO
GOING TO SUPPORT THIS TODAY BUT
I DO THINK THAT THAT THIS MIGHT
BE A CONVERSATION -- THE NOTION
THAT THAT IT SOMEONE SEARCH TIME
IN PRISON THEY GET OUT AND IF
THEY ARE STILL ON PAROLE -- THEY
ARE NOT DISTANT THEY ARE NOT
TOTALLY FREE FROM THEIR
CIRCUMSTANCE AND SO I THINK THAT
MIGHT BE GOING FORWARD A
QUESTION TO ASK -- WHETHER IT
WOULD BE APPROPRIATE ONCE THEY
HAVE COMPLETED ALL THE TERMS OF
THEIR PROBATION OR PAROLE THAT
THIS WOULD BE -- SOMETHING TO
WHICH THEY WOULD BE ENTITLED AND
AND THAT SOCIETY WOULD BE
HONORED TO PROVIDE FOR THEM.
AGAIN I THINK IT'S SAID THAT AN
ISSUE THAT'S WORTHY OF FURTHER
DISCUSSION BUT I AM GONNA
SUPPORT THE BILL TODAY BECAUSE I
THINK -- THAT WE REALLY NEED TO
LOOK AT THIS ISSUE AND TRY.
TO RECOGNIZE THAT PEOPLE AND YOU
KNOW THE IRONY IS SAID IN A LOT
OF OUR RED STATE FRIENDS THEY
ARE BEEN A LOT MORE WILLING --
TO OPERATE OFF OF REDEMPTION AND
SECOND CHANCES THAN WE HAVE HERE
IN CALIFORNIA SO.
IT'S KIND OF A A BIT OF A
TWEENER BUT I I THINK THAT IT'S
WORTHY OF MOVING THE BILL
FORWARD TODAY SO DO WE HAVE A
MOTION WE HAVE A MOTION BY
CENTER A CASKET WOULD YOU LIKE
TO CLOSE.
THANK YOU -- FIVE IN FUTURE I
WILL GET THE STATISTICS ON HOW
MANY PEOPLE WE KEEP ON PAROLE
AND FOR HOW LONG.
AND YET WE EXPECTED THEM TO
FULLY REINTEGRATE INTO THEIR
COMMUNITIES WE EXPECT THEM TO
GET A JOB WE EXPECT THEM TO GET
HOUSING WE EXPECT IN FACT WE WE
WANT THEM.
AND YET WE DENY THE MOTHER CIVIL
RIGHTS.
AND SO ON I THINK WERE AT LEAST
IN MY BRINGING THIS BILL FORWARD
I'M TRYING TO BRING THAT TO OUR
ATTENTION AND TRYING TO SHOW
THAT.
BY RESTORING CIVIL RIGHTS WE ARE
CONTRIBUTING TO A PERSON'S
ABILITY TO BE SUCCESSFUL IN THE
COMMUNITY BECAUSE BOTH THEIR OWN.
VIEW OF THEMSELVES AND IT JUST
FROM WHAT ELSE WE EXPECT OF THEM
SO THAT'S REALLY THE PURPOSE IN
THE BILL.
IN ADDITION TO OF COURSE TRYING
TO ACHIEVE THAT THING OF A JURY
OF YOUR PEERS BECAUSE IF YOU
LOOK AT WHO IS A VERY COMMONLY.
THE DEFENDANT IN A JURY TRIAL.
BUT IT IS -- TO NOT HAVE ONE
THIRD OF CALIFORNIA'S BLACK
RESIDENTS TO BE ABLE TO
PARTICIPATE -- BLACK MALE
RESIDENTS DEFINITELY -- IT
INTERFERES WITH THE ABILITY FOR
TO BE A JURY OF YOUR PEERS THANK
YOU AND WITH THAT I WILL YOUR
AYE VOTE I LOOK FORWARD TO THAT
DATA BECAUSE I THINK THAT THAT
WOULD BE VERY HELPFUL.
SO ALL RIGHT THERE IS A MOTION
THE MOTION IS TO PASS AS AMENDED
TO SENATOR PROBES PLEASE CALL
THE ROLL.
JACKSON HIGH JACKSON I BORDERS.
BORDERS NO ALAN.
ALLEN HI CABALLERO.
COVER YEAR ALL I JONES.
JONES NO MONEY.
MONEY AYE STERN [inaudible]
NUMBER.
WHY CASKEY HI MY CASKEY I?
ALL RIGHT HEAD THE BILL HAS.
FIVE FIVE TWO TWO THAT BILL IS
OUT AND IF I'M NOT MISTAKEN WE
HAVE A FULL HOUSE HERE SO.
THE BILL IS OUT THANK YOU SO
MUCH FOR YOUR TESTIMONY AND
SENATOR SKINNER I THINK THAT
CONCLUDES [inaudible]
YOUR PRESENTATIONS MY OTHER ONE
IS ON CONSENT I CORRECT CORRECT
ALL RIGHT.
WE WILL THEN GO.
TO FILE ITEM FOR SENATOR CAFIERO.
AND I BELIEVE YOU'VE GOT A
COUPLE BILLS UP.
WE NOW I WHICH IS PRESENTING --
VIA MEMBERS OF THE COMMITTEE AND
SO WE WILL GO IN.
IN ORDER.
SENATOR CAFIERO FOLLOWED.
I WOULD DO THAT ONE LAST CENTER
RECKONS BILL WILL BE LAST -- OF
FOLLOWED BY [inaudible]
SEE.
I WILL LET YOU KNOW WHO'S ON
DECK A SAID Y. CASKEY WILL BE
NEXT [inaudible]
AND THEN SENATOR MONNING.
SENATOR STERN AND I WILL.
BE THE LAST.
ALL RIGHT VERY GOOD.
OKAY SOME.
OF THE CENTER CUBBY GYRO -- THIS
IS FILE ITEM -- FOR SB TWENTY
FIVE GOOD AFTERNOON LORD I KNOW
I TAKE THAT BACK GOOD EVENING.
THANK YOU VERY MUCH MADAM CHAIR
AND SENATORS I'M PLEASED TO
PRESENT SENATE BILL.
TWENTY FIVE WHICH PROVIDES A
GREEN HOLD JUST A SECOND LET'S
WAIT TO THE DOORS CLOSE.
AND BEFORE YOU START IF -- I'M
NOT MISTAKEN THAT THERE ARE
AMENDMENTS THAT YOU HAVE AGREED
TO TAKE.
OF ON PAGE TWENTY ONE COMMENTS
TEN AND ELEVEN THAT'S CORRECT
ALL RIGHT VERY GOOD THOSE WILL
BE AUTHORS MINNOWS THOSE ARE THE
AMENDMENTS THAT HAVE BEEN
PROPOSED BY THE JUDICIAL COUNCIL.
CORRECT THANK YOU VERY MUCH.
SB TWENTY FIVE WHICH PROVIDES A
GREEN SUSTAINABLE FRAMEWORK TO
ASSIST THE GOVERNOR'S GOAL OF
BUILDING FOUR HUNDRED THOUSAND
HOUSING UNITS PER YEAR AND TO
REBUILD AND INVEST.
IN OUR POOREST EIGHT HUNDRED AND
SEVENTY NINE CENTS IS TRACK
OTHERWISE KNOWN AS OPPORTUNITIES
ZONES THAT THAT EXIST IN EVERY
SINGLE SENATE DISTRICT.
SB TWENTY FIVE REQUIRES LEAD
AGENCIES TO GO THROUGH THE FULL
SEQUEL PROCESS INCLUDING THE
IMPORTANT ENVIRONMENTAL
MITIGATION MEASURES.
SB TWENTY FIVE IS PER SCRIPTED
IN NATURE AND SETS A STANDARD
FOR QUALITY PROJECTS IN
CALIFORNIA.
REQUIRING LEED GOLD
CERTIFICATION ZERO NET EMISSIONS
AND ZERO NET ENERGY IMPACT AND
IT REQUIRES UP 275% OF THE TOTAL
SQUARE FOOTAGE IN MIXED USE
PROJECTS. TO BE DEDICATED TO
HOUSING WITH A MINIMUM OF 40% OF
THE UNITS BEING AFFORDABLE WITH
A THIRTY YEAR LOCK DOWN ON THE
AFFORDABILITY REQUIREMENTS.
SB TWENTY FIVE ALLOWS FOR COURT
TO GRANT INJUNCTIVE RELIEF AND
TO CONSIDER LAKE COMMENTS AND IT
PROTECTS WORKERS WITH PREVAILING
WAGE AND SKILLED AND TRAINED
WORK FORCE REQUIREMENTS.
IT WILL GIVE INVESTORS CERTAINTY
THAT THEIR PROJECT WILL NOT BE
UNDULY DELAYED FOR YEARS BY
SEQUEL LITIGATION THAT OFTEN HAS
NO BASIS IN ENVIRONMENTAL
SCIENCE BUT IS USED BY NIMBIS
OUR BUSINESS COMPETITORS. TO
SLOW AND STALL OR KILL PROJECTS.
SB TWENTY FIVE DOES THIS BY
SIMPLY REQUIRING THE COURTS TO
REACH A FINAL DISPOSITION IN TWO
HUNDRED AND SEVENTY DAYS.
PRIDE PRIVATE INVESTORS.
WE'LL BE POURING UP TO SEVEN
TRILLION DOLLARS THAT'S THE
ESTIMATE INTO THE NATION'S
POOREST NEIGHBORHOODS THROUGH
OPPORTUNITIES OWNS.
CALIFORNIA IS COMPETING WITH
EVERY OTHER STATE FOR THESE
PRIVATE FUNDS AND NEEDS TO GIVE
OUR LOCAL COMMUNITIES EVERY TOOL
TO GAIN A COMPETITIVE ADVANTAGE.
SB TWENTY FIVE IS THAT TOOL.
WHEN I WAS MAYOR OF SALINAS MAYA
CINEMAS OPENED ITS FIRST
LOCATION IN CALIFORNIA AND IT
CHOOSE CHOSE A SITE IN SALINAS
IS REDEVELOPMENT AREA?
IT WAS THE FIRST PROJECT THAT
WAS BUILT IT TRANSFORM CITY
LOCKS AROUND IT HOUSING CAME IN
AFTER COMMERCIAL DEVELOPMENT
BEGAN TRANSFORMING A BLIGHTED
NEIGHBORHOOD.
SB TWENTY FIVE DOES NOT COST THE
STATE ANY FUNDS BUT IT WILL HELP
OUR LOCAL COMMUNITIES TO PACKAGE
THEIR OWN OPPORTUNITIES ON
PROJECTS INTO ATTRACTIVE COMPUTE
COMMUNITY TRANSFORMATIVE
INVESTMENTS.
THESE COMMUNITIES NEED MORE THAN
JUST HOUSING THEY NEED JOBS AND
THEY NEED COMMUNITY SERVICES
LIKE MOVIE THEATERS THE
OPPORTUNITIES OWN PROGRAM WILL
SUNSET.
BY THE FEDERAL GOVERNMENT IN
TWENTY TWENTY SIX SO WE MUST ACT
NOW SO THE CAPTION CALIFORNIA
CAN CAPTURE THESE FUNDS.
WITH A FIVE YEAR SUNSET DATE SB
TWENTY FIVE MEETS THE GOVERNOR'S
AND THE STATE'S INTEREST TO
PROVIDE CERTAINTY TO THE MARKET
THAT THE GOOD PROJECTS THAT SB
TWENTY FIVE WILL PRODUCE.
SHOULD THEY STILL BE CHALLENGING
COURT WILL NOT BE DRAGGED UNDER
WATER IN OTHER WORDS IF A
PROJECT.
STILL IF A PROJECT IT ADMIN AT
IF IN SB WENTY FIVE PROJECT
STILL GET SUED ODDS ARE THE
CHALLENGE HAS NOTHING TO DO WITH
THE ENVIRONMENTAL IMPACTS OF THE
PROJECT.
THESE ARE THE EXACT LAWSUIT WE
SHOULD BE DISCOURAGING AND SB
TWENTY FIVE DOES THAT VERY WELL.
I'M COMMITTED TO INCREASING THE
SIZE HOUSING SUPPLY FOR ALL
CALIFORNIANS AND SUPPORT THE
GOVERNOR'S EFFORT TO BRING
AFFORDABILITY TO THE HOUSING
MARKET.
I'M ALSO COMMITTED TO DECK
TACKLING DECADES OF INSUFFERABLE
POVERTY FOR THE EIGHT HUNDRED
AND SEVENTEEN NINE CENSUS TRACKS
IDENTIFIED BY GOVERNORBROWN'S
ADMINISTRATION AS CALIFORNIA
BLESS YOU.%
AS CALIFORNIA CENSUS TRACKS
IDENTIFIED.
WITH IT AARON THEY ALSO CONTAIN
CALIFORNIA'S POOREST JOB POOR
COMMUNITIES WITH ME TODAY TO
PROVIDE TESTIMONY WELL IT BEEN --
BROUGHT TO MY ATTENTION BY
SENATOR ALLEN IS THE ISSUE OF
THAT WILL EASE ARE THE WILD LIFE
URBAN INTERFACE OWNS -- AND THE
CONCERN.
THE CONCERN THAT WAS RAISED BY
THAT AND LET ME JUST SAY THAT
THAT'S NOT A NOT MY INTENTION
THAT THIS WOULD BE USED IN THOSE
OWNS -- BUY AND SO I'LL EXCEPT
THE AMENDMENT BOB IS SUBJECT TO
I REALLY WOULD LIKE TO SEE THE
MAPS SO WE CAN TALK ABOUT HOW
THEY OVERLAY I DON'T THINK THAT
THAT IT'S I THINK IT'S GOING TO
WORK OUT JUST FINE BECAUSE I
DON'T BELIEVE THESE.
OPPORTUNITIES OWNS ARE.
ARE PART OF THE WE MAPS BUT IT'S
IT WOULD BE GOOD FOR US TO LOOK
AT HIM.
AND SO -- WITH THAT I ASK FOR
YOUR SUPPORT TODAY SO BEFORE WE
HAVE OUR WITNESSES -- WE HAD
TALKED ABOUT -- CAN CONSTRUCTING
THIS A BIT SO THAT THAT THIS
WOULD BE A PILOT PROJECT --
WHICH WOULD BE APPLICABLES IN
YOUR DISTRICTS -- ARE YOU GOING
TO TAKE THAT AMENDMENT NO MA'AM
RIGHT.
I THE REASON I'M ASKING IS THAT
I THINK AND I'D LIKE STE MY
COLLEAGUES TO BE AWARE OF THIS.
THAT ARE WHEN YOU COMBINE THIS
WITH SB SIX TWENTY ONE WHICH
APPLIES TO AFFORDABLE HOUSING --
THIS BECOMES A VERY BROAD
PROJECT AND THE RESULT I THINK
IS.
AGAIN VERY FAR TO SIGNIFICANT WE
TALKED ABOUT SOME OF THE
CONCERNS WITH THE COURT THIS
WILL OPEN IT.
EVEN FAR FARTHER -- AND AGAIN
EXPEDITING REVIEW.
OF WE HAVE SECRET HERE IN
INHERENTLY PRIORITIZING THESE
CASES OVER EVERYTHING ELSE
DOMESTIC VIOLENCE WRONGFUL
EVICTION SO WE TALKED ABOUT
EARLIER -- CIVIL RIGHTS CASES OR
PEOPLE WHOSE HOMES WERE LOST IN
THE FIRES -- THIS WILL PREEMPT
ALL OF THOSE THINGS AND WILD.
I'M NOT A BIG FAN OF THESE
THINGS TO BEGIN WITH -- I AM --
PERSONALLY IMPACTED BY THE OVER
WHAT I THINK THE OVER BROAD
NATURE OF THIS PILOT PROJECT THE
IS.
A OR RATHER IT DEAD DOING
SOMETHING BEYOND A PILOT PROJECT
IT'S JUST TOO BROAD AS FAR AS
I'M CONCERNED -- I THINK IT WILL
I THINK IT WOULD BE.
A VERY POSITIVE THING ADDRESSING
YOUR DISTRICT BECAUSE AS YOU
MENTIONED THERE ARE --
SIGNIFICANT NEEDS THEIR BUT TO
EXPAND THIS STATEWIDE IN ALL
AREAS I THINK IS A WAY OVER
REGION I WOULD.
ASK YOU TO SERIOUSLY CONSIDER A
NARROWING IT BECAUSE I FRANKLY
CAN'T SUPPORT THE BILL IN ITS IN
AS BROAD AS IT IS AT THIS POINT
I DON'T KNOW WHAT MY COLLEAGUES
FEEL.
BUT I THINK THIS IS -- TO TO GET
INTO THESE OPPORTUNITY STONE'S
THERE ARE MANY OF THEM
THROUGHOUT THE STATE.
THE BILL SAYS IF YOU TAKE EVEN.
IF IT IS FUNDED IN WHOLE OR IN
PART COULD BE A VERY.
SMALL INSIGNIFICANT AMOUNT WEEK
WE WOULD FIND OURSELVES I THINK --
OVERWHELMED IN INUNDATED BY THE
SEQUEL CASES -- AND I THINK THAT
THAT.
THAT IS AN OVER REACH SO -- YOUR
CALL IF -- I WOULD URGE YOU TO
DO THAT I IF THERE ARE ANY
QUESTIONS ON THAT AS WE GO
FORWARD I INVITE MY COLLEAGUES
TO SHARE THEIR POINTS OF VIEW AS
WELL.
BUT WITH THAT -- GET OFF AS WE
PROCEED.
OPPORTUNITY FOR YOU WITNESSES TO
TESTIFY TWO MINUTES EACH PLEASE
AND WILL HAVE A FURTHER
DISCUSSION AS A THE TESTIMONY
PROCEEDS.
GOOD EVENING MADAM CHAIR AND
COMMITTEE MEMBERS MY NAME IS
DEBBIE BAUER-KAHAN EXECUTIVE
DIRECTOR FOR HABITAT FOR
HUMANITY CALIFORNIA.
AND I'M HERE REPRESENTING THE
VIEW OF OUR FORTY ONE HABITAT
AFFILIATES THAT OPERATE
THROUGHOUT THE STATE.
I'M DELIGHTED TO BE HERE ALONG
SIDE SENATOR CABALLERO TO WHOLE
HEARTEDLY SUPPORT SB TWENTY FIVE
IN ITS ATTEMPT TO MAKE THE
APPLICATION OF THE CALIFORNIA
BAR MENTAL QUALITY ACT.
SIMPLER AND FAIRER.
HABITAT KNOWS HOW IMPORTANT
SEQUEL IS TO MAINTAIN AND
PROTECT OUR STATE'S ENVIABLE
NATURAL BEAUTY WE ALSO KNOW FROM
PERSONAL EXPERIENCE HOW THE
SCALE AND SCOPE OF ITS
APPLICATION.
ON THE GROUND HAS AN ALARMING
AFFECT ON THE ABILITY OF
DEVELOPERS. TO BUILD AFFORDABLE
HOMES FOR WORKING FAMILIES. FOR
NEARLY SIXTEEN MONTHS THE
HABITAT DEVELOPMENT ON JEFFERSON
AVENUE IN REDWOOD CITY IN SAN
MATEO COUNTY.
STATE NEEDLESSLY STALLED AS WE
FOUGHT A BASELESS SEAQUEST
LAWSUIT.
IT WAS FILED BY LOCAL BUSINESS
WITH A TRACK RECORD OF
INITIATING SEQUEL LITIGATION
AGAINST DEVELOPMENTS IN THE AREA.
TWENTY LOCAL FAMILIES WITH
HOUSEHOLD INCOMES BETWEEN FIFTY
AND 80% OF THE AREA MEDIAN
INCOME.
SHOULD BE GETTING READY TO MOVE
IN AND BY THESE HOMES RIGHT NOW.
INSTEAD THE PROJECT WAS
UNNECESSARILY DELAYED BY AN
EFFORT TO RAISE COSTS HIGH
ENOUGH TO KILL THE PROJECT.
WELL I'M HAPPY TO REPORT THAT WE
ARE NEARLY READY TO SEND OUT
GROUND BREAKING CEREMONY
INVITATIONS IT HAS BEEN A LONG
HARD EFFORT TO GET TO THIS POINT.
AND NEARLY A YEAR AND A HALF
BEHIND SCHEDULE.
I THINK IT'S IMPORTANT TO POINT
OUT THAT BY THE TIME WE WERE
SERVED WITH THE LAWSUIT THE
PROJECT HAD ALREADY HAD ITS
ENVIRONMENTAL IMPACT.
METICULOUSLY REVIEWED AND
UNANIMOUSLY APPROVED THE LAWSUIT
CAME IN LATE AND WAS BASED ON
LATE OMMENTS.
IN OUR CASE WE WORKED HARD HAND
WE HAD WORKED HAND IN HAND WITH
MUNICIPAL PLANNERS.
AND THE LOCAL COMMUNITY EVERY
STEP OF THE WAY WE KNEW OUR
ENVIRONMENTALIST ESTIMATES WERE
THOROUGH AND WE ARE PROUD OF THE
FACT THAT THE CITY COUNCIL HAD
UNANIMOUSLY APPROVED THE
DEVELOPMENT.
AT A MEETING PACKED WITH REDWOOD
CITY FAMILIES. FOR TOO MANY
AFFORDABLE DEVELOPERS IN
CALIFORNIA SEQUEL LOSSES
LAWSUITS IT SEEMS ARE JUST A
COST OF DOING BUSINESS.
SIMPLY BY ISSUING A LAWSUIT THE
PLAINTIFF CAN CAUSE MAJOR DELAYS
AND MAJOR COSTS THAT'S WHY THE
SENSIBLE REFORMS OF SEQUEL
LITIGATION LIKE THOSE PROPOSED
IN SB.
TWENTY FIVE WILL HAVE A POSITIVE
IMPACT ON THE NUMBER OF HOMES
THAT CAN BE BUILT FOR WORKING
FAMILIES ACROSS CALIFORNIA THANK
YOU VERY MUCH NEXT WITNESS.
HOLLY FOR MANY ALSO WE HAVE A
HABITAT FOR MANY CALIFORNIA FOR
TECH OF TECHNICAL SUPPORT BUT
ALSO TO CLARIFY.
IT DOES NOT APPLY TO EVERY
PROJECT WITHIN OPPORTUNITIES OWN
JUST THOSE THAT ARE FUNDED BY
OPPORTUNITY FUNDS.
AND ANOTHER WAY THAT THE BILL IS
TECHNICALLY NARROW BY PROJECTS
AS THEY MUST HAVE A SKILLED AND
TRAINED WORKFORCE AND THAT'S NOT
EVERY PROJECT FUNDED BY THE
DOLLARS THAT ARE LISTED IN THE
BILL.
THANK YOU.
THANK YOU MANAGER MEMBERS AS ARE
THE OTHER HALF IS THE BUILDING
CONSTRUCTION TRADES COUNCIL
THANK YOU WE'RE TRYING TO
BALANCE THE NEEDS OF THE
ENVIRONMENT WITH SOME ECONOMIC
DEVELOPMENT.
AND TRYING TO TARGET IN THESE
MOST DISADVANTAGED AREAS WHERE
THERE IS NOT A LARGE NEED FOR
AFFORDABILITY -- WE LIKE THIS
BILL WE OPPOSE SB SIX TWENTY ONE
WE KNOW THAT THIS IS A WORK IN
PROGRESS WE ALSO BELIEVE
OPPORTUNITIES OWNS PRESENT A LOT
OF GIVEAWAYS TO DEVELOPERS.
THE CONDITIONS THAT ARE SET
FORTH IN THIS PARTICULAR BILL
ACTUALLY.
REASONABLE AND THEY COMBINED
WITH OTHER ONES DEAL WITH IN AB
NINE HUNDRED WITH THE INCLUDE
LABOR PROTECTIONS WHEN WE THINK
ABOUT OPPORTUNITIES OWNS WE
THINK ABOUT OPPORTUNITIES OWNS
THAT CAN CURRY'S ECONOMIC
DEVELOPMENT.
BUT ALSO HAVE CAREER
OPPORTUNITIES FOR THE PEOPLE
THAT ARE BUILDING THOSE PROJECTS
AND THAT'S WHAT'S INVOLVED IN
THIS BILL AND SO WE ARE AT YOUR
SUPPORT.
THANK YOU KEEPING IN MIND THAT
IT SAYS.
ALL OR ANY PORTION.
OF FUNDING IN OPPORTUNITIES ON
SO THAT'S GREATER THAN IT BEING
THE SOLELY FUNDED BY AN
OPPORTUNITIES ON THAT DATE.
IF AN OPPORTUNITY ZONE -- IF THE
FUNDING IS YOU KNOW ONE TENTH OF
THE COST IT'S STILL WOULD COME
WITHIN THE PURVIEW OF THIS BILL
SO.
AND I WOULD LIKE TO ALSO MENTION.
AS FAR AS HABITAT GOES WHICH HAS
PASSED OUT SIX TWENTY ONE WHICH
IS A BILL THAT DEALS WITH.
AFFORDABLE HOUSING VERY
SPECIFICALLY SO THAT HAS BEEN
COVERED IN THAT BILL AND I'M A
BIG FAN A HABITAT FOR HUMANITY
BUT I THINK THERE'S AGAIN WE'RE
WE'RE LOOKING AT A WAY THAT WE
CAN DO THIS.
PRACTICALLY AND PRAGMATICALLY
YES.
WITNESSES IN SUPPORT.
GET GOOD EVENING I GUESS NOW
MADAM TURN MEMBERS CASSIE GILSON
ON BEHALF OF THE CALIFORNIA
CIVIL JUSTICE ASSOCIATION OF
CALIFORNIANS SUPPORT.
ALMOST GOOD NIGHT SO HERE WE GO.
VERONICA LEVELS CREE STRATEGIES
ON THE HAVE ON BEHALF OF
WESTFIELD IN SUPPORT.
VERY GOOD OTHER WITNESSES IN
SUPPORT.
ARE THERE ANY WITNESSES IN
OPPOSITION.
GOOD EVENING TURN MEMBERS THEM
FOR THE DIVISIONAL COUNCIL I
WON'T REPEAT MY TESTIMONY FROM.
SB SIX TWENTY ONE ALL OF THE
SAME.
REASONS THAT WE ARE OPPOSE
EXCUSE ME OPPOSED TO THAT BILL
WE ARE POSED HERE JUST A COUPLE
OF CLARIFYING POINTS -- MADAM
CHAIR. ONE OF THE THE MOMENT IN
THE ANALYSIS I'M NOT.
NOT THE PILOT ISSUE I'M TRYING
TO CLARIFY THE TEN DAY NOTICE
ISSUE.
MADAM CHAIR SORRY.
I'M TRYING TO CLARIFY IN THE
ANALYSIS THAT WAS ALSO SUGGESTED
AMENDMENT ABOUT THE TEN DAY
NOTICE PROVISION THAT AT SOME
PARTICULAR CONCERNS OF THE
COUNCIL AND I DIDN'T HEAR.
THE WHETHER THAT WAS TAKEN OR
NOT.
I'M NOT CLEAR I THERE WAS A IT
WAS THURMOND MEANT NUMBER ONE AN
AMENDMENT NUMBER TWO AND I
BELIEVE ONE OF THOSE AMENDMENTS
IS THE TEN DAY NOTICE.
THEY THEY'RE BOTH OF THE THANK
YOU THE GREAT VERY GOOD THANK
YOU MY APOLOGIES SO AND THE THE
FINAL POINT I'D MAKE IS THE
POINT YOU WERE MAKING WHICH IS
THE SCOPE OF THIS BILL.
IS INCREDIBLY BROAD -- IN IT AND
IT'S NOT EVEN LIMITED TO HOUSING
A LOT OF THE TESTIMONY WAS ALL
ABOUT HOUSING BUT AS YOU KNOW.
THE BILL IS CONSTRUCTED IN A WAY.
WHETHER THE FUNDS ARE IN WHOLE
OR IN PART USING UP TO REASONS
BUT THAT.
PROVISION IS NOT LIMITED TO JUST
HOUSING PROJECTS SO THE SCOPE.
AND ISSUES THAT WE TALKED ABOUT
IN THE LAST BILL THE INCREDIBLY
BROAD SCOPE THIS HAS OF COURSE
WOULD MAGNIFY THE ADVERSE
IMPACTS ON THE COURTS AND LET
AGAINST AND IT'S FOR THOSE
REASONS THAT WERE RESPECTFULLY
OPPOSED TO THE BILL.
THANK YOU OTHER WITNESSES IN
OPPOSITION THE BURNING DAWSON OF
A SPHERICAL CALIFORNIA -- AGAIN
WE'RE POSES SB TWENTY FIVE FOR
THE SAME REASONS THAT YOU -- WE
WERE OPPOSED TO IT SB -- SIX
TWENTY ONE ONE THING THAT I DO
WANT TO ADD THOSE -- THIS BILL
IS MAGNANIMOUS IN NATURE AND
THAT AB NINE HUNDRED AND NO
STANDARD SHOULD NOT BE THE
STARTING POINT FOR DEVELOPMENT
THOSE SHOULD BE THE THAT
HONESTLY SHOULD BE A POINT THAT
YOU GET TO OUR WE BELIEVE THAT
SEEK REVIEW SHOULD BE THE FIRST
POINT.
AND THAT ANY JUDICIAL PROCESS OF
FALLS IN THAT REVIEW IS JUST
GOING TO THE SUPER PROCESS IT
WHEN YOU PROVIDE EXTRA AGES
REVIEW YOU ARE UNDERMINING
SEQUEL ITSELF BECAUSE EXPOSURES
REVIEW.
I MEAN JUDICIARY VIEW IS
ENFORCING MECHANISM BY WHICH
SEQUEL IS IN FORCE -- ANOTHER
THING THAT IS -- WE WANT TO
POINT OUT IS.
NOT ONLY IS BUILD MAGNANIMOUS IN
THE OF THE PROJECTS IT APPLIES
TO TALK NO IT'S ALSO DIFFER FROM
MAYBE NINE HUNDRED SB.
SEVEN FORTY THREE IN THAT DOES --
BILLS ONLY APPLIED ENVIRONMENTAL
IMPACT REPORTS THIS REPLY THIS
APPLIES TO BOTH MEDICAID AND
MANY MITIGATED NECKLACE NEGATIVE
DECORATIONS NEGATIVE DECORATIONS
AND NOTICE OF EXEMPTIONS.
THEREFORE THAT'S MORE PER
CHALLENGES THAT COULD BE
IMPACTING THE COURTS AS WELL AS
THAT'S LIKELY BECAUSE OF THE
AUTHOR AND SOME OF THE
PROPONENTS KNOW THAT A LOT OF
HOUSING DEVELOPMENT.
ARE THERE EXEMPTS OR THEY ARE
ONLY SUBJECT TO MITIGATED
NEGATIVE DECLARATIONS -- SO THEY
WANT TO MAKE SURE THAT THESE
TYPES OF PROJECTS ARE STILL
SOMEHOW EVEN THOUGH THEY'RE ONLY
GOING THROUGH.
A SIX STATEMENT TIME FRAME
GETTING EXPEDITED JST REVIEW
WHICH AGAIN UNDERMINE SICK WAS A
FORCING MECHANISMS FOR FOR THAT
REASONS WE OPPOSE.
SB [inaudible] FIVE THANK YOU
OTHER WITNESSES IN OPPOSITION IF
YOU'D COME FORWARD NAME AND
AFFILIATION PLEASE. THOUSAND
JOHNSON WITH PHYSICIANS FOR
SOCIAL RESPONSIBILITY LOS
ANGELES AND WE STRONGLY OPPOSES
THEM THANK YOU THANK YOU.
IF ANYTHING ON THE BEHALF OF THE
CALIFORNIA VIRAL JUST ALLIANCES
AND ON REYES PRODDING
ENVIRONMENT THE SERVER CAN BE
ACTION VINYL JUSTICE AND
LEADERSHIP COUNCIL FOR JUST
ACCOUNTABILITY.
IN STRONG OPPOSITION FOR THIS
BILL FOR MANY THE REASON SPOKE
ABOUT TONIGHT [inaudible]
THANK YOU.
MOSSER AMERO WITH THE CALIFORNIA
WE GIVE CONSERVATION VOTERS WE
ARE LISTED IN OPPOSITION ON THE
ANALYSIS -- AND WE DO STILL HAVE
SOME CONCERNS ABOUT THE BILL AND
PRINT BUT WE DO UNDERSTAND THE
DISCUSSIONS ARE ONGOING THANK
YOU.
THANK YOU OTHER WITNESSES IN
OPPOSITION ALL RIGHT BRINGING A
BACK -- AGAIN -- THIS IS WIDE
OPEN ANY OPPORTUNITIES OWN ANY
PROJECT [inaudible]
OF I I WOULD LIKE TO KNOW THE
HABITAT FOR HUMANITY.
ISSUE THAT YOU TALKED ABOUT --
WAS BROUGHT BY A OF THE
NEIGHBORING ATTORNEYS OFFICES I
UNDERSTAND IT THEY WERE
CONCERNED THE BUILDING WAS TOO
HIGH FOR THE AREA.
THE CASE WAS SETTLED QUICKLY.
OF THE PROJECT PROCEEDED AS
ORIGINALLY.
APPROVED THE CHALLENGERS WERE
HOPING IT WOULD COME DOWN A
FLOOR TWO BUT SETTLED FOR
MAINTENANCE REQUIREMENTS SO THEY
GOT A LITTLE SOMETHING DATING
GET WHAT THEY WANTED PER SE.
BUT AGAIN.
THIS IS THIS IS WHERE SHE WORKS.
THERE WAS ANY INTERACTION YOU
KNOW WE TALKED EARLIER ABOUT
GIVING TENANTS THE OPPORTUNITY
TO SAY THEIR PIECE.
OUR THIS IS WHAT.
THIS IS WHAT SHE COULD THOMAS
AND TO BE ABLE.
TO BROADLY OPEN THIS UP AND HAVE
A TWO HUNDRED AND SEVENTY DAY
REVIEW PERIOD WHICH DOES NOT
GIVE.
THE PARTIES THE TIME NECESSARY --
IF THERE IS INDEED A A REAL
CHALLENGE -- IN YOUR CASE.
THERE WAS NO TRIAL NO DELAY.
THE THE PARTIES ACTUALLY WROTE
THE REQUESTED AN EXTENSION TO
THE BRIEFING SCHEDULE BOTH SIDES --
AND AND AND SO WHO NO THIS IS
WHERE THE SYSTEM WORKS.
THIS BILL WITHOUT ANY KIND OF
CONTAINMENT ARCHES BLOWS A HUGE
HOLE IN IN THE SYSTEM AND THIS
IS -- I I THINK A VERY DANGEROUS
PRECEDENT WE JUST DID THE BILL
THAT ARE THAT ARE TALKS ABOUT
AFFORDABLE HOUSING.
AND I I THINK THAT IT IS.
IT JUST AN UNREALISTIC EFFORT
AND AGAIN I WOULD.
LIKE TO ENCOURAGE THE THE AUTHOR
TO FOCUS THIS ON OPPORTUNITY
STONE'S WITH IN.
OF THE COUNTIES THAT ARE --
WITHIN YOUR DISTRICT -- YOU
MIGHT BE ABLE TO GET THIS OUT
BUT I THINK THE THIS IS GOING TO
ULTIMATELY WREAK HAVOC ON OUR
COURT SYSTEM BECAUSE THE
PRIORITIES THAT THE SEQUEL CASES
ARE GOING TO GET ARE GOING TO BE
TO THE DETRIMENT.
OF OTHER THINGS THAT I KNOW WE
ALL HAVE FOUGHT HARD TO SEE AN
END CARE DEEPLY ABOUT SO AGAIN I
WOULD.
I WOULD ASK THE AUTHOR TO
CONSIDER -- CONSIDER.
A CHESTER CREATING THIS PILOT
PROJECT.
OF THIS IS JUST THE THE SCOPE
AND THIS IS JUST I THINK
OVERWHELMING.
SO WITH THAT.
US SENATOR BORCHERS HAS QUESTION
AND SENATOR ALAN.
IT'S REALLY DON'T WANT TO
BELABOR -- THE MOST CRITICAL
ISSUES THAT WE DISCUSSED ON THE
LAST ITEM -- I'M SUPPORTER OF
THIS BECAUSE OUR HOUSING STOCK.
IS AT A CRITICAL JUNCTURE AND WE
NEED TO TO TAKE ACTION TO TO
REMEDY THIS PROBLEM AT LEAST IN
PART -- I WILL CERTAINLY BE
SUPPORTING THIS -- TODAY -- I
THINK WHAT WE'VE SEEN IN THE
PAST.
I DID -- FROM -- THE DAIS ON
DISCUSSION IS THAT.
I IS THE AUTHOR OF THE BILL
WILLING TO CONTINUE TO WORK AND
MAKE THE BILL BETTER.
IN THE PROCESS.
AND SO I THINK THAT'S KIND OF
WHERE WE'RE AT RIGHT NOW.
IS THAT -- WE'VE HEARD SOME
CONCERNS -- FROM.
FROM FOLKS TODAY WE'LL PROBABLY
HEAR MORE CONCERNS AS IT GOES
THROUGH THE PROCESS.
JUST WANTED TO HEAR FROM THE
AUTHOR.
IF YOU WOULD BE WILLING TO STILL
KEEP AN OPEN MIND -- IN.
MAKE REASONABLE ACCOMMODATIONS
AS NEEDED -- ONE OF THOSE THAT.
MIGHT BE WORTH CONSIDERING --
DOWN THE ROAD MAYBE NOT TODAY
BUT DOWN THE ROAD.
IS THAT THE IN WHOLE OR IN PART.
MAYBE PUTTING A THRESHOLD.
MAYBE 25%.
THIRTY TWO YOU FIGURE IT OUT BUT
HE THAT EXAMPLE OF THAT 1%.
COULD BE DISQUIETING -- TO TO
SOME FOLKS -- SO I WOULD SUGGEST
THAT YOU CONSIDER IT -- TO IN
ORDER.
TO EARN THE SUPPORT THAT I THINK
THIS A PROPOSAL -- DESERVES.
THANK YOU -- SENATOR ALAN YEAH
ARE THESE -- THIS BILL.
IS A TOUGH ONE THERE'S NO
QUESTION ABOUT IT I MEAN I THINK --
THERE IS A THEIR SERIES OF SCOPE
ISSUES THAT THE THAT THE CHAIR
BROUGHT UP I DO THINK THE IMPACT
ON THE COURTS IS SIGNIFICANT AND
AND I THINK THAT YOU KNOW IT HAS
TO BE PART OF THE CONVERSATION
MOVING FORWARD -- I GET I GUESS
WE JUST ASK THE AUTHOR AND WHAT
WHEN YOU YOU SERVE ON THIS
COMMITTEE -- I KNOW YOU YOU CARE
ABOUT AND THE THE CALIBER
QUALITY RECORDS HOW HOW DO YOU
THINK ABOUT THE CONCERNS THAT
HAVE BEEN RAISED ABOUT HOW THIS
MAY.
IMPACT THE DOCKETS IN A WAY THAT
AND AND AND AND AND PUT THESE
KINDS OF PROJECTS AHEAD OF THE
LIST.
OF OTHER TYPES OF OF FIVE CASES.
THANK YOU VERY MUCH FOR THAT FOR
THAT QUESTION -- I A I
APPRECIATE AND I'M VERY
SENSITIVE TO THE CONCERNS.
OF THE COURTS I A HAVE.
VERY GOOD FRIENDS THAT CITIES
JUDGES AND THAT HERE THESE KINDS
OF CASES AS WELL AS VIC KINDS OF
CASES THAT THE CHAIR HAS
MENTIONED -- YOU KNOW I THE
COURTS [inaudible]
OUR FUNDED BY THE LEGISLATURE.
WE DECIDE WHAT RESOURCES THEY
NEED AND AND HOW TO FIND THEM
AND SO -- WHAT WE KNOW IS THAT?
THE LACK OF DEVELOPMENT IN THESE
OPPORTUNITIES OWNED IS
SIGNIFICANT WE'VE GOT NO PLANS
TO DO ANY DEVELOPMENTS.
IN THESE OPPORTUNITIES OWNS THAT
ARE GOING TO RELIEVE THE POVERTY
AND PROVIDE HOUSING AND ECONOMIC
DEVELOPMENT.
AND SO I IF WE IF WE'RE REALLY
SERIOUS ABOUT PROVIDING THAT
ECONOMIC DEVELOPMENT AND HOUSING
OPPORTUNITIES -- AND WE
UNDERSTAND IT'S A CRISIS AND WE
ALSO CONTROL THE PURSE STRINGS
TO BE ABLE TO THIS IS A FIVE
YEAR WINDOW OKAY NO REGARDLESS
BUT I MADE SO.
IT'S A LITTLE GETS OUT YOU HAVE
TO BE A BIG CHAMPION FOR COURT --
ABSOLUTELY AND SO SO LET ME JUST
SAY THAT THAT BAD I I AM AND I
WILL BE -- BECAUSE I REALLY DO
BELIEVE THAT.
THAT WE WHAT WE'RE SENDING A
MESSAGE IS A MESSAGE TO THE
MARKET.
ON AND OFF I BELIEVE THAT.
THAT THAT MESSAGE.
LET'S ASSUME IT RESULTS IN
LITIGATION [inaudible]
THESE.
BECAUSE OF THE GOOD WORK THAT
THE E. YOUR STAFF AND YOU DID IN
IN THE SENATE E. Q. -- THIS HAS
THE HIGHEST.
STANDARDS RIGHT NECESSARY AND SO.
SO.
I BELIEVE THAT THE KINDS OF
THINGS THAT THE COURTS WILL BE
LOOKING AT WILL BE EASIER TO
EVALUATE BECAUSE OF THAT HIGH
STANDARD.
AND SO WE DO NEED TO FUNDED I BY
WILL BE A CHAMPION FOR THAT --
AND AND WE'LL WE'LL SEE AFTER
FIVE YEARS BECAUSE WILL COME
BACK WITH A REPORT AS TO WHETHER
IT WORKED WELL AND THAT'S AND I
SUPPOSE I MEAN THE END OF THE
DAY -- I I AM A WELL AWARE OF
THE ECONOMIC DEVELOPMENT ISSUES --
IN PLAY IN THE OPRY'S ON YOU
CERTAINLY HELPED EDUCATE ME ON
THOSE -- THESE PROJECTS ALSO TO
GO THROUGH SECRET AND I WILL I I
DO HAVE TO PUSH BACK ON MY
FRIEND SAYS OURS COMMENTS ABOUT
HOW WE HAVE TO BALANCE THE
ENVIRONMENT.
AND AND AND THE THE THE
DEVELOPMENT NEEDS OF OUR
COMMUNITIES IN LOW INCOME AREAS.
BECAUSE THE END OF THE DAY.
I WILL RESPECTFULLY SAY THAT THE
YOU KNOW THE IF THIS THE THE
STANDARDS WE PUT IN HERE THERE
OUTLINED ON PAGE.
FOURTEEN LEED GOLD CERTIFICATION
FOR EVERY PROJECT THAT WOULD
HAVE.
TO EITHER BE BUILT INTO THIS GHG
NEUTRAL. ZERO NET ENERGY
EMISSIONS.
I THERE'S A WHOLE FLURRY OF
LABOR RELATED REQUIREMENTS AND
40% -- AFFORDABLE ON THE HOUSING
SIDE SO.
THE SIGNIFICANT STUFF HIGH BAR
TO BE HONEST YOU KNOW THERE WERE
I THINK THERE WILL BE LESS
PROJECTS BUILT UNDER THIS THEN --
IT IT CERTAINLY IF THESE
REQUIREMENTS WHEN IN PLACE BUT
YOU KNOW I I JUST ASK FOLKS I
KNOW EVERYBODY IN THIS ROOM
CARES GREAT ABOUT THE
ENVIRONMENT BUT I I JUST ASK US
TO KIND OF CONTEMPLATE WHAT --
WHAT A GAME CHANGER IT BE IF WE
STARTED BUILDING AT AT AT IN ON
A ON A LARGE SCALE?
AT LEAD GOLD LEVEL CALIBER.
I MEAN THAT IS THAT IS THAT THAT
IS SUCH A GAME CHANGER FROM
EVERYTHING FROM ENERGY. TO THE
OTHERS THE ANTI PROVISIONS IN
THERE THAT REALLY TO TRAFFIC AND
AND TRANSIT OR IN DEVELOPMENT --
YOU KNOW -- WATER -- EFFICIENCY
AND AND I'M THAT THERE THERE'S
JUST SO MUCH VALUE ASSOCIATED
WITH THE LEGAL CERTIFICATION IT
IT'S A HIGH STANDARD FOR FOR
CONSTRUCTION FOR BUILDINGS AND
AS I SAY.
YOU'VE ALSO INCLUDED GREENHOUSE
GAS NEUTRAL WHICH IS HUGE AND
ALSO IS THERE ANOTHER ENGINE
MISSIONS.
WITH EACH PROJECT WILL BE FUNDED
HERE SO THOSE ARE REALLY HIGH
ENVIRONMENTAL BARS I THINK THAT
THEY OUGHT TO BE CONSIDERED IN
THE CONTEXT OF OF OF THIS BILL.
OR CALL UPON SENATOR Y. KOWSKI I
JUST LIKE TO NOTE WHEN WE'RE
TALKING ABOUT THESE --
OPPORTUNITY ZONES I HAVE HERE A
AN ARTICLE -- WHERE A MISTER
SCARAMUCCI SOMEWHERE I REMEMBER
THE VERY SHORT LIVED
PRESIDENTIAL SPOKESMAN -- FOR A
WEEK I THINK IT WAS -- TING A
SWANK HOTEL FOR TAX CUTS AIMED
AT POOR AREAS.
SO WHILE THESE PROJECTS MIGHT BE
LEED CERTIFIED IN ALL THIS GREAT
STUFF.
MR SCARAMUCCI WAS ON THE PHONE --
RECRUITING INVESTORS FOR A REAL
ESTATE INVESTMENT TRUSTS.
ARE TRUSTS SEEKING THE CLAIM THE
TAX INCENTIVES.
BY INVESTING IN SOME OF OUR IN
THE NEWLY CREATED OPPORTUNITY
SOUNDS ONE OF FOR THE RE
PROJECTS HE HAD -- THAT HE WAS
PUSHING IS A MARKS THE HOTEL ON
THE SIDE OF A GAS STATION IN
OAKLAND.
DURING A A SERIOUSLY THIS --
THIS IS BLOOMBERG ARTICLE AND HE
SAID. FOR THOSE OF YOU WHO HAVE
YET TO GO TO OAKLAND CALIFORNIA --
THAT PART OF THE BAY AREA I CAN
TELL YOU THAT IT'S FULLY
GENTRIFYING.
OAKLAND IS EFFECTIVELY BECOMING
THEN BROOKLYN HEIGHTS OF SAN
FRANCISCO.
SO SORRY SAN FRANCISCO A BUT
ANYWAY -- BEING A BOSTONIAN
ANYTHING NEW YORK CITY AND I WAS.
BAD BUT ANYWAY -- WE THINK WE'RE
GOING TO BE BUILDING A SWANK
BOUTIQUE HOTEL THERE IT'S GOING
TO CREATE EXCESSIVE ECONOMIC
GRANTS. FOR THE THE READ.
SO MY QUESTION IS THAT WHAT WE
WANT TO BE GIVING EXTRAORDINARY
BENEFITS.
TO THAT'S THE KIND OF THING THAT
SOME OF THESE VERY CLEVER
CREATIVE AND NOT PARTICULARLY
COMMITTED -- FOLKS ARE WILLING
TO DO.
WELL CANNOT SKITTLE CAPITALISM
FOR YOU BUT THAT'S PART OF THE
PROBLEM WITH -- ENCOURAGING --
THESE KIND OF SEE QUIRK --
EXPEDITED PROCESS SEES IN THESE
OPPORTUNITIES ON SO I JUST THROW
THAT OUT IN RESPONSE.
TO SOME OF THE CAN IN ALL THESE
MAY BE BEAUTIFUL BUILDINGS BUT
IS THIS EXACTLY WHAT THESE ARE.
OPPORTUNITY CELLS ARE SUPPOSED
TO BE FUNDED IS NOT HAVE TO BE A
PUBLICLY FUNDED AS PART OF THE
PROJECT.
OPPORTUNITY ONES HERE CAN WE
CLARIFY THAT BECAUSE I BECAUSE I
WAS ALWAYS TOLD BY THE AUTHOR
THAT EVERYTHING HAD TO BE AT
LEAST PARTIALLY PUBLICLY FUNDED
TO BE.
ELIGIBLE UNDER THE SPELL.
THAT'S NOT THE CASE -- WITHOUT
PROJECT SHE'S REFERRING TO
BENEFITS AND WELL I'LL BE HAPPY
TO GIVE IT TO YOU I DIDN'T MAKE
THIS UP THIS IS A FEDERAL.
THIS IS FROM A BOOK A BLOOMBERG.
THE OPPORTUNITY FUNDS ARE.
ARE TAX CREDITS IS IS WHAT IT IS
WHAT IT AMOUNTS TO AND AND WITH
THE BILL ALLOWS IS IT CAN BE --
A TAX CREDIT [inaudible]
A FUNDED.
PROJECT OR IT CAN ALSO INCLUDE
PUBLIC FUNDS TO THE EXTENT THAT
THERE PUBLIC FUNDS AVAILABLE BUT
IT DOESN'T REQUIRE EITHER IT
DOESN'T REQUIRE ANY PARTICULAR
IN NUMBER PERCENTAGE.
BUT BUT LET ME LET ME JUST SAY
THAT THAT.
THAT MIGHT MY FRUSTRATION IS THE
ONLY.
THE ONLY THING THAT WAS OFFERED
IS MAKE IT.
A DISTRICT PILOT PROJECT -- AND
AND THERE WASN'T ANY DISCUSSION
ABOUT BIG THE PERCENTAGES OR YOU
KNOW I'M IN AND TO ANSWER -- AT
SENATOR -- BARGES QUESTION IS
I'M ABSOLUTELY WILLING TO SIT
AND TALK ABOUT WHAT WOULD WORK
BEST IN WHAT WHAT DOESN'T WORK
BEST -- BUT THAT HASN'T BEEN
PART OF THIS DISCUSSION -- IT
IT'S BEEN TAKE IT AS A PILOT
PROJECT OR NOT AT ALL OUR
WINDOWS SEVEN YEARS SO IF WE
DON'T GET MOVING ON THIS.
THEN NOTHING WILL BE BUILT WITH
OPPORTUNITY BONE -- ZONE FUNDING
BECAUSE YOU WON'T BE ABLE TO GET
A PROJECT STARTED WITHIN THE
PERIOD OF TIME THAT'S LEFT TO US
AND THAT'S ONE OF THE REASON
THAT WE MOVED ON TO AN EXPEDITED.
JUDICIAL REVIEW DIDN'T TOUCH ANY
THE ENVIRONMENTAL ISSUES WE IN
FACT ENHANCE THEM.
BECAUSE THAT GETS US TO WHERE WE
NEED TO TO GO TO THEN ACCESS
RESOURCES -- FOR THE
OPPORTUNITIES OWNS SO -- SO I I
MEAN I'M WILLING TO TALK ABOUT
HOW DO WE CREATE OPPORTUNITIES
AND AND AND AND LIMIT AND AND
CHANGE NUMBERS BUT THAT HASN'T
BEEN PROPOSED THAT HASN'T BEEN
OFFERED IN I AM OPEN TO ALL OF
THAT.
WELL IT IS A DAY TO DAY -- HAPS
WERE PERHAPS A LITTLE.
DISAGREEMENT HERE I DID WE
TALKED TO SET A FEW DAYS AGO
ABOUT THE THE NOTION I'D MENTION
THIS IS SO BROAD AND SUGGESTED
PERHAPS.
THAT WE COULD CREATE THIS IS A
PILOT PROJECT WITHIN THE THE
COUNTIES.
THE THE THE COUNTIES IN WHICH
YOU HAVE YOU YOU REPRESENT I
THOUGHT THAT.
WAS A VERY REASONABLE YOU KNOW
OF CONCERN SO TO SAY WE HAVEN'T
TALKED ABOUT IT IS NOT I SAID
THAT WAS THE ONLY OFFER THAT WAS
MADE WAS TO MAKE IT A PILOT
PROJECT.
WELL IT FOR THE NIGHT USE BUT
YOUR RESPONSE WAS THAT THAT
WASN'T OF INTEREST TO YOU AND
WELL I I THOUGHT LINE HOW YOU
YOU ASKED ME TO THINK ABOUT IT
AND I DID AND ALL RIGHT.
OKAY AND DECIDED NO OKAY.
PART OF THE SENATOR Y. COUNTS
KING [inaudible]
BENEFIT OF THE THING YOU'RE
THINKING ORDER PROPONENTS
THINKING IS.
YOU KNOW THE ONE THE PURPOSE IS
TO SEEK WAYS TO HAVE THIS OPEN
DISCUSSION THEY GIVE NOTICE TO
THE COMMUNITY WHAT'S GOING ON
AND THE OTHER PROJECTS THAT ARE
HAVE BEEN.
OCT ABOUT.
ALWAYS REQUIRED THAT YOU HAD A
FULL III ARE SO THAT YOU WENT
THROUGH THE PROCESS OF OF THE
FULL BLOWN E. I. R. AND THEN IF
IF YOU STILL HAD OBJECTION SAID
WITH THESE WITH THE REQUIRED
HEARINGS.
THEN YOU WOULD HAVE THIS
EXPEDITED HEARING THIS BILL
INCLUDES A NOTICE OF EXEMPTION
WHICH IS WHICH IS KNOWN.
NORMALLY IN A THE DAY -- LEAD
AGENCY MAKES A DETERMINATION
THAT IT'S NOT GONNA BE DOESN'T
HAVE A IMPACT ON THE ENVIRONMENT
OR NEGATIVE DECLARATION OR EVEN
A MITIGATED DECLARATION THEY'RE
SAYING THIS IS MY NEW IMPACT IT
HAS ON THE ENVIRONMENT.
AND ALL THOSE ARE INCLUDED IN
THE EXPEDITED -- SEE SEE WHAT
MIKE MIKE AT LEAST THERE WAS A
CONNECTION BETWEEN THIS FULL
BLOWN E. I. R. THAT WENT ON
FOREVER AND AND THEY HAD ALL
THESE PUBLIC HEARINGS VERSUS
JUST A NEGATIVE TECH AND THEN
THEY GET.
EXPEDITED DID YOU DON'T MAKE A
DISTINCTION BETWEEN THOSE I
THINK I MADE IT.
YOU SEE MY THAT IS CORRECT
[inaudible]
IN.
OKAY THAT IS THE REAL DEAL HOW
DEL NOTICED YOU STILL HAVE
HEARINGS.
IN TERMS OF OF OF MAKING THE
FINDINGS ON THOSE SO IT'S IT'S
IT'S NOT LIKE YOU JUST DO IT.
MINISTERIAL A AND THEN THAT'S IT.
THERE IS STILL A BECAUSE IT'S A
PROJECT [inaudible]
OKAY.
SO ALL RIGHT I JUST WANT TO
POINT OUT MY STAFF AND OF THE
INDICATED TO ME THAT.
WE ALSO HAD OFFERED TO THE
HOUSING AND TRANSIT ONLY AS AN
OPTION WHICH WAS APPARENTLY ALSO
REJECTED SO.
WE WE JUST HAVEN'T BEEN ON THE
SAME WAVELENGTH HERE I'M REALLY.
I I JUST THINK.
IF YOU HAVE.
ALL OF THESE ISSUES TO HAVE THEM
IN SUCH A CONSOLIDATED FASHION
YOU'RE NOT GOING TO BE ABLE.
TO DO JUSTICE TO THE ISSUES AND
AGAIN.
I I THINK THAT THE CERTAINLY THE
ABILITY TO FOCUS TO TO TRY THIS
PILOT PROJECT I THINK -- GIVES
YOU I THINK WHAT YOU'RE LOOKING
FOR BUT I I THINK ANYTHING
BEYOND THAT JUST CREATES SUCH A
BROAD SWATH THAT IT'S GOING.
TO BE.
ON ON WIELDING IN ON ON DOABLE
AND DID YOU WANT TO COMMENT YES
I DID -- WHEN IT JUST KIND OF
TOUCH UP ON WHAT SENATOR WHY
BECAUSE HE SAID WHICH WAS --
BECAUSE OF THOSE MAY GET A
NEGATIVE DECORATIONS AND INDIES
THEY'RE ACTUALLY NOT GOING TO A
FULL ENVIRONMENTAL PROCESS WHICH
MEANS NOW YOU'RE WE NOW YOU'RE
BASICALLY TELLING COURTS TO
RESOLVE THIS ISSUE OF WHETHER OR
NOT THEY SHOULD HAVE GONE TO A
FULL ENVIRONMENT A PROCESS IN.
SINCE IT'S THE COURT OF APPEALS
SUPERIOR COURT AD SUPREME COURT
WHAT THREE MONTHS TIME.
ESSENTIALLY LIKE IN CASE THAT
LIKE WITH THE PILLS ON IT AND I
HAVE ADMITTEDLY ONLY PRACTICE
FOR A YEAR BUT I FOR A ONLY NOW
I KNOW FOR A FACT.
THAT ONE CASE THAT I GOT ON THE
SECOND DAY THAT I STARTED
PRACTICING WAS NOT FINISHED THE
YEAR THAT I WAS I DECIDED TO
COME TO SIERRA CLUB.
AND SO I JUST DON'T SEE EIGHT
AND THAT WAS ONLY IN THE TRIAL
COURT AND SO I JUST DON'T SEE
THE FEASIBILITY OF BEING ABLE TO
DO THAT.
RIGHT ANY OTHER COMMENTS OR
QUESTIONS ARE WE GOING TO WRAP
IT UP VERY QUICKLY JUST VERY
BRIEFLY CENTER ALLEN VERY
BRIEFLY CYNICISM IN THE TEARS
YOU KNOW LIKE -- YOU KNOW I IF
YOU KNOW IF IF THIS BILL GETS I
MEAN CLEAR THIS IS SOME OF THE
PEOPLE STRUGGLE AS I I DO THINK
THAT -- YOU KNOW GIVEN THE
CONVERSATION ABOUT HOUSING.
ON THAT I DIDN'T REALIZE THAT I
WAS PART OF THE DISCUSSION WAS
LIEU NEARING IT HOUSING IN
TRANSIT -- YEAH THAT THAT WOULD
BE SOMETHING TO CONSIDER MOVING
FORWARD -- IF YOU KNOW.
YEAH I'M I'M ON THE SUPPORTED
TODAY I WORKED REALLY CLOSELY
WITH THE DURING ANY Q. -- BUT
BUT I I I WOULD I WOULD STRONGLY
CONSIDER THAT IN THE FUTURE
ESPECIALLY IN ASSUMING AT THIS
BILL IS GOING TO CONTINUE TO
HAVE CHALLENGES.
AT VARIOUS STAGES IN THE PROCESS
BUT BUT THAT WOULD REALLY CN
ZERO IN THE DISCUSSION INTO TWO
AREAS ARE WE REALLY KNOW WE HAVE
INFRASTRUCTURE NEEDS.
I STILL THINK WOULD MAKE ME
WOULD DO BIG WOULD MAKE A BIG
DIFFERENCE FOR FOLKS AROUND THE
STATE.
STE HI SO -- IS THAT SOMETHING
THAT YOU'RE WILLING TO CONSIDER.
SO YOU WANT ME TO CLOSE NO I AND
WE WE HAVE SENATOR -- BORDERS
HAVE ONE LIMITATION ECONOMY JUST
SAY THAT THE OFFER IS I
UNDERSTOOD IT WAS AFFORDABLE
HOUSING AND TRANSPORTATION.
AND AND LET ME TELL YOU WHAT THE
CHALLENGE WITH.
WITH.
THE AFFORDABLE HOUSING.
IN -- OF AFFORDABLE HOUSING ONLY
IN OPPORTUNITY ZONES IS IT THESE
ARE ARE POOREST NEIGHBORHOODS --
IF YOU THINK WELL LET ME JUST
PUT IT IN A POSITIVE. TO ONLY
UILD AFFORDABLE HOUSING IN OUR
POOREST NEIGHBORHOODS.
IS OFFENSIVE TO ME FRANKLY AND
QUITE RIGHTEOUSLY WOULD BRING
DOWN THE WRATH OF ALL THE PEOPLE
THAT STOOD UP AND DIDN'T LIKE IT
THIS IN THE FIRST PLACE BECAUSE
THAT IS OVER CONCENTRATION OF
POVERTY AND SO THAT DIDN'T MAKE
ANY SENSE NUMBER ONE AND NUMBER
TWO IS.
THE PROBLEM THAT RURAL
CALIFORNIA HAS -- WITH HOW WE
FIND TRANSPORTATION ISSUES IS
THAT.
WE HAVEN'T PRIORITIZED.
PUBLIC TRANSPORTATION FROM OUR
BIGGER CITIES INTO RURAL-CALIFORNIA IN A WAY THAT MAKES
IT EASY FOR ME TO BE ABLE TO
TAKE THE TRAIN OR TO TAKE PUBLIC
TRANSPORTATION HOME.
AND SENATOR MONEY KNOWS THAT
BECAUSE I USED TO HITCH A RIDE
WITH HIM. TO GET BACK HOME AND
AND I DO REGULARLY BECAUSE I
WANT TO BE ABLE TO NOT DRIVE
MYSELF AND SO IT IT JUST DIDN'T
WORK -- AND SO WITH WITH ALL DUE
RESPECT.
I APPRECIATE THE OFFERS THAT
WERE MADE BUT BUT FRANKLY THIS
IS THIS IS SUCH A BIG ISSUE THAT
AND AND I EAT MY COMMITMENT IS
AT ALL CONTINUE TO WORK ON THIS
ALL CONTINUE. TO TO TO NARROW IT
IN TO FIGURE OUT HOW HOW IT CAN
BE BETTER BECAUSE IN THE END I
WANTED TO WORK AND I WANTED TO
BE TO BE A TOOL THAT WE CAN USE
ALL OVER THE STATE.
THANK YOU ARE DID YOU WANT TO
SAY SOMETHING CENTER BORDERS FOR
QUICKLY AS FOR THE LAST FEW
WORDS -- WE'RE CERTAINLY GOING
TO TAKE YOU AT YOUR WORD BECAUSE
THAT WE BELIEVE IN YOUR WORD AND
YOU'LL CONTINUE TO WORK WITH --
THE FOLKS IN THIS PROCESS.
IT WILL PROBABLY CHANGE BUT I
THINK IF WE BELIEVE IN THE END
GOAL YEAH I THINK WE DO SHARE
THIS.
THIS IS DEFINITELY WORTH THE THE
EFFORT SO -- WITH THAT -- MOVED
THE BILL.
THANK YOU I'M NOT SURE WHO WE IS
BUT SENATOR THANK YOU FOR YOUR
FOR YOUR DISCUSSION AND I I AM.
WAITED THAT YOU ARE A FEEL VERY
STRONGLY ABOUT THIS I'M NOT
GOING TO BE ABLE TO SUPPORT THE
BILL BUT I APPRECIATE THE
CONVERSATIONS WE'VE HAD AND I
SUSPECT THEY'LL BE MANY MORE --
IF YOU'D LIKE TO CLOSE PLEASE
FEEL FREE.
THANK YOU VERY MUCH MADAM CHAIR
I AND I REALLY DO APPRECIATE
THAT DISCUSSION -- THIS IS THIS
IS CAN IF I CAN SAY WHY I REALLY
LIKE THE SENATE BECAUSE THERE IS
THERE ARE.
REALLY GOOD POLICY --
DISCUSSIONS I THINK THE THE WITH --
WITH ALL THREE DUE RESPECT TO
THE HABITAT FOR HUMANITY THE
PROJECT WAS DELAYED OVER SIXTEEN
MONTHS AND TIME IS MONEY AND
CARING COSTS BECOME INCREDIBLY
DIFFICULT -- AND SO I I I REALLY
APPRECIATE THEM BEING ON ON THE
SIDE OF GOODNESS AND LIGHT HERE
TODAY -- BUT I I ALSO IF YOU
TAKE A LOOK AT THIS BILL I A
FILE THIS BILL ON THE FIRST DAY
THAT WE GOT SWORN IN -- IN
DECEMBER AND SO THIS ISN'T
SOMETHING THAT I AND AND I YOU
KNOW.
WHAT WORKED REALLY HARD WITH
SENATOR ALLEN -- TO TO TO MAKE
IT THE BEST IT COULD BE AND I
I'M REAL PROUD OF A FOR IT IS
RIGHT NOW NO QUESTION THAT IT'S
GOING TO CONTINUE -- TO NEED
SOME REFINEMENT AND SO IF YOU'VE
GOT IDEAS AND CONCEPTS THAT YOU
THINK I HAD IT PUT INTO IT I'M
I'M MORE I HAVE AN OPEN DOOR AND
I REALLY DO APPRECIATE THAT THE
TRUST.
MY WORD IS MY BOND AND SO I WILL
CONTINUE -- TO TO TO BE -- AB
COGNIZANT OF SOME OF THE
CONCERNS THAT HAVE BEEN RAISED
BY THIS COULD BY MEMBERS OF THIS
COMMITTEE SO I REALLY WANT TO I
THANK YOU FOR THE OPPORTUNITY
AND I AND I RESPECTFULLY ASK FOR
YOUR AYE VOTE TODAY.
THANK YOU SENATOR COVER YEAR
APPRECIATE -- YOUR INTENSITY AND
YOUR YOUR CONCERN ON THIS ISSUE --
YOU KNOW AGAIN I THINK THIS IS
THE PHILOSOPHICAL.
DIFFERENCE HERE BUT CERTAINLY
APPRECIATE YOUR THOROUGH AND
COMPLETE DISCUSSION OF THE ISSUE
SO WITH THAT -- WE HAVE A MOTION
TO PASS AS AMENDED TO SENATE
APPROACH [inaudible]
JACKSON.
GORGEOUS.
OR JUST BY ALAN.
ALLEN AYE CABALLERO AYE
COPYRIGHT JONES.
JONES I AM MONNING [inaudible]
STERN [inaudible]
I'M BURKE.
NUMBER TWO I Y. CASKEY NO WAY
CASKEY NO.
ALL RIGHT FIVE TO ONE THAT THE
BILL OF IS OUT [inaudible]
AND WE WILL THEN MOVE ON TO SEE
THE LAST.
YOU HAVE ANOTHER -- ONE CENTER.
CANNABIS -- ANOTHER EASING ISSUE
CANNABIS -- WITH.
YOU HAVE ANOTHER BILL YES --
BEFORE WE DO THAT I'D LIKE TO
ANNOUNCE -- SENATOR STERN HAS.
PULLED FILE ITEM THIRTY ONE SB
SEVEN FIFTY THREE SO IF YOU'RE
HERE ON THAT BILL -- YOU OR YOUR
MORE THAN WELCOME TO STAY BUT WE
WON'T BE HERE IN THAT BILL
TONIGHT [inaudible]
I CAN [inaudible]
ALL RIGHTY.
GOOD AFTERNOON A GOOD EVENING
AGAIN SENATOR CABALLERO MINISTER
SAYING GOOD NIGHT -- ALRIGHT
THIS SHOULD HE FILE ITEM --
TWENTY TWO SB.
FIVE EIGHTY ONE GOOD AFTERNOON
MADAM CHAIR AND MEMBERS I WANT
TO THANK THE COMMITTEE STAFF FOR
THE WORK ON THIS -- BILL I WILL
BE TAKING THE SUGGESTED
AMENDMENTS.
SB FIVE EIGHTY ONE WOULD REQUIRE
STARTING ON JANUARY FIRST TWENTY
TWENTY TWO THE BUREAU OF
CANNABIS CONTROL THE DEPARTMENT
OF PUBLIC HEALTH AND THE
DEPARTMENT OF FOOD AND
AGRICULTURE. TO POST ON THEIR
INTERNET WEBSITE -- ON THE
CALIFORNIA CANNABIS PORTAL
CERTAIN INFORMATION ABOUT AN
APPLICANT AND LICENSEE THIS
INCLUDES FOR AN APPLICANT NAME
CITY COUNTY IN ZIP CODE OF THE
BUSINESS LICENSE TYPE OWNERS THE
DATE OF THE APPLICATION THE THE
DATE THE APPLICATION WAS
SUBMITTED IF THE APPLICATION IS
DENIED.
AND IT IT ANY VIOLATION OF THE
LABOR CODE AS DISCLOSED IN THE
APPLICATION. FOR A LICENSE SEE
THE SAME INFORMATION POSTED FOR
AN APPLICANT PLACE ANY
RESTRICTIONS PLACED ON THE
LICENSE.
ENFORCEMENT ACTIONS OR
PROCEEDINGS AND ANY CRIMINAL
CONVICTION OF ANY OWNER IF IT
OCCURS AFTER LIFE LICENSE HERE.
AND IT'S RELATED TO THE
FUNCTIONS OR DUTIES OF THE
BUSINESS.
THE INTENT OF THIS BILL IS TO
BRING TRANSPARENCY TO THIS NEWLY
LEGALIZED INDUSTRY AND PROVIDE
THE PUBLIC AND INTERESTED
STAKEHOLDERS WITH A CENTRALIZED
LIST OF WHO IS APPLYING FOR
CANNABIS LICENSES.
AND WHO IS LICENSED IN THE STATE.
THE INFORMATION REQUIRED TO BE
POSTED UNDER THIS BILL IS PUBLIC
INFORMATION UNDER THE PUBLIC
RECORDS ACT.
THE BILL DOES NOT SEEK TO
DISCLOSE INFORMATION THAT COULD
NOT BE OBTAINED THROUGH A PUBLIC
READ RECORDS REQUEST AND THE
BILL IS NECESSARY BECAUSE THE
AVERAGE CITIZEN MAY NOT
UNDERSTAND HOW TO RECEIVE.
THE AFOREMENTIONED INFORMATION
TO A PUBLIC RECORDS REQUEST WE
KNOW LICENSING AUTHORITIES
CURRENTLY PROVIDE SIMILAR
INFORMATION AS REQUIRED IN SB
FIVE EIGHTY ONE FOR OTHER
INDUSTRIES FOR EXAMPLE THE
ALCOHOL BEVERLY BEVERAGE CONTROL.
ULTIMATELY CALIFORNIA NEEDS
POLICIES THE CREATE A
TRANSPARENT INFORMATION SYSTEM
THAT CITIZENS CAN EASILY ACCESS
FOR THE CANNABIS INTO INDUSTRY.
I RESPECTFULLY ASK FOR YOUR BY
BOAT TODAY AND WITH ME TO
TESTIFY IN SUPPORT IS ABOUT
TOTAL RECALL THE UNITED FOOD AND
COMMERCIAL WORKERS.
THANK YOU ANNA THERE'S NO
OPPOSITION ON FILE.
OF TWO WITNESSES IN SUPPORT
PLEASE.
FORMER MEMBER TO RECALL WELCOME
HOME.
THANK YOU NUMBER TWO A CALM
AFTER UNITED FOOD AND COMMERCIAL
WORKERS WESTERN STATES COUNCIL
IN SUPPORT THE BILL'S
PROSPECTORS.
KATHY VENISON MBM STRATEGY GROUP
ON BEHALF OF CLEAVER WHICH IS
HEADQUARTERED DOWN SENATE'S THE
SAN JOSE.
SUPPORT THE BILL WOULD BELIEVE
TRANSPARENCY IS A GREAT WAY TO
PROTECT THE LEGAL MARKET.
THANK YOU OTHER WITNESSES IN
SUPPORT.
MICHAEL YOUNG WITH THE
CALIFORNIA LABOR FEDERATION
ROUGHLY -- SUPPORT.
GOOD EVENING CHAISSON BRIAN TO
BE AFTER HUMBOLDT COUNTY GROWERS
ALLIANCE WE DON'T HAVE A
POSITION ON THE BILL JUST YET
BUT WE EXPRESS INC IT REALLY
CONCERNS IN THE PREVIOUS
ITERATION A BILL.
REALLY APPRECIATE THE SPONSORS
AND THE AUTHOR WORKING WITH THE
SMALL AND MEDIUM CULTIVATORS THE
STATE TO PROTECT HER PRIVACY.
THROUGH THISTRANSPARENT DEL --
WE WE WE'RE JUST READ THE THE
COMMITTEE TO SUPPORT THE BILL
TODAY AND AND WILL BE HAVING
POSITION SEN THANK YOU.
THANK YOU ANY OTHERS IN SUPPORT.
WE HAVE NO OPPOSITION ON FILE
ANYONE HERE IN OPPOSITION SEEN
NONE BRING IT BACK TO THE
COMMITTEE.
WE HAVE A MOTION FROM SENATOR
WHITE HOUSE SKI.
THIS IS TO PASS AS AMENDED. TO
APPROPRIATIONS -- WE HAVE A
MOTION FROM SENATOR Y. CASKEY
WOULD YOU LIKE TO CLOSE SENATOR
CABALLERO RESPECTFULLY ASK FOR
YOUR AYE VOTE.
THANKS [inaudible]
JACKSON [inaudible] FOR JUST
[inaudible]
ALLEN.
ALLEN I CABALLERO.
CABALLERO I'D JONES.
JONES I AM MONNING.
I MONEY AYE STERN.
STERN I AM BURKE.
NUMBER I Y. CASKEY.
YEAH.
BUT I CAL SKI.
HI I KELSEY AYE.
OKAY THAT VOTE RECORDED IS SEVEN
EYES.
NO OPPOSITION BUT WE'RE GONNA
KEEP IT OPEN FOR MISSING MEMBERS --
AND WILL NOW MOVE TO SENATOR
WHITE HOUSE SKI [inaudible]
ITEM.
NINETEEN I HAVEN'T DONE HEROES
[inaudible]
GOOD EVENING.
GOOD GOOD EVENING CENTER WHY
COUNTY EVENING WE STARTING WITH
ITEM NINETEEN SENATE BILL FIVE
EIGHTEEN YES.
WHEN I JUST HOLD ON HALF A
SECOND SOME?
MOTION OUT THE DOORS.
OKAY I THINK WE'RE GOOD TO GO SO.
THE BILL IS DESIGNED TO HELP US
UP HOLD THIS FUNDAMENTAL RIGHT
THAT EVERY CALIFORNIA TO INSPECT --
PUBLIC RECORDS NOW THE
CALIFORNIA PUBLIC RECORDS ACT
ALLOWS ALL CALIFORNIANS TO
INSPECT ALMOST ANY PUBLIC RECORD
HELD BY A STATE OR LOCAL AGENCY.
OF AN AGENCY IMPROPERLY
WITHHOLDS RECORDS A MEMBER OF
THE PUBLIC CAN SEE COURT ORDER
TO ENFORCE THE RIGHTS
INSPECTORATE KURDS.
NOW THE THE C. P. R. A. B.
MANDATES TO THE COURT A WAR
COSTS AND REASONABLE ATTORNEY
FEES TO REQUEST -- AS LONG AS
THE COURT FINDS THAT THE
REQUESTED CASES NOT FRIVOLOUS
UNFORTUNATELY PUBLIC AGENCIES
ARE USING NINE NINE EIGHT OFFERS
TO PREVENT THE RELEASE OF
DISCLOSE PULL DOCUMENTS.
AND TO SHIFT THE COURT COSTS ON
TO THE REQUESTOR DIRECTLY
UNDERMINING THE C. P. R. A THE
STAFF REPORT DOES A GOOD JOB IN
SHOWING THAT. NINE NINE EIGHT
OFFERS ARE AN IMPORTANT TOOL IN
GETTING PARTIES TO SETTLE IN
CERTAIN CASES BUT THEY'VE GOT NO
PLACE IN THE IN THE C. P. R. A.
CASES.
SB FIVE EIGHTEEN ULTIMATELY
ENSURES THAT THE CPR IS BEING
USED AS IT WAS INTENDED AS A WAY
FOR ALL CALIFORNIANS TO GET
INFORMATION FROM THE GOVERNMENT
WITHOUT THE FEAR BEING BURDENED
BY COURT FEES.
AND WITH ME HERE IS JIM.
HE WORKED IN SUPPORT OF THE BILL.
AND WHEN I CALL JEEZ -- ON WHAT
WE HAVE TO WITNESSES TWO MINUTES.
JUST ONE WITNESS EXCELLENT OF%
PLEASE PROCEED TWO MINUTES IF
YOU WOULD.
MADAM CHAIR MEMBERS -- JIM YOU
WERE WITH THE CALIFORNIA NEWS
PUBLISHERS ASSOCIATION -- AS THE
SENATOR POINTED OUT -- THESE
NINE NINE EIGHT MOTIONS ARE
BEING USED -- TO COERCE
REQUESTERS.
INTO -- BARGAINING AWAY THE
RIGHTS THAT THEY WOULD OTHERWISE
HAVE TO OBTAIN INFORMATION.
AND IT'S UNDER THE THREAT OF
LOSING THEIR OR ATTORNEYS FEES
OR AT LEAST DIMINISHING THE
ATTORNEY'S FEES WHICH IS REALLY
THE ONLY ENFOCEMENT MECHANISM
IN THE ACT RIGHT NOW.
ALL OF THE REQUEST FOR HAS WHEN
THEY'RE DEALING WITH -- A VERY
POWERFUL AGENCY AND AND ITS
ATTORNEYS FEES AND HELP.
LEVEL THE PLAYING FIELD -- WHEN
DEALING WITH THIS UNEQUAL
BARGAINING POSITION?
AND BY PROHIBITING THIS PRACTICE
SB FIVE EIGHTEEN HELPS GUARD
AGAINST THE EROSION OF THIS --
ENFORCEMENT MECHANISM AND FOR
THESE REASONS WE URGE YOUR AYE
VOTE.
YOU OF OTHER WITNESSES IN
SUPPORT VERY CLEAR SHE HAN
BEHALF OF THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION
IN SUPPORT [inaudible]
THANK YOU.
DO YOU REMEMBER THE LAW OFFICE
OF THE JEFF FOR MALES BUT I
MITCHELL HERE -- INDIVIDUALLY
PERSONALLY IN SUPPORT.
VERY GOOD WITNESSES IN
OPPOSITION. TWO MINUTES EACH
GOOD EVENING.
GOOD AFTERNOON HOUSE GOING TO
SAY BUT YEAH GOOD EVENING.
THAT'S WHAT RIGHT EXACTLY WE'RE
ALMOST THERE.
JEFF NEAL WITH THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES.
IN OPPOSITION I WANT.
TO MENTION AN EXAMPLE OF A CASE
THAT CURRENTLY PENDING IN --
SUPERIOR COURT THAT I THINK IS A
GOOD EXAMPLE OF WHY.
NINE EIGHT ELEMENT SHOULD BE
AVAILABLE IN P. R. A. CASES THE
GREEN HILLS RANCH VERSUS FOX
GAINING GROUND WATER MANAGEMENT
AGENCY AND IN THIS CASE -- THE
REQUEST WENT TO A FAIRLY SMALL
WATER GENCY BY A SERIAL REQUEST
THROUGH SENDS NUMEROUS P. R. A.
REQUESTS AS THEIR ALLOWED TO DO
IN THE VOLUME OF THE P. R. A
REQUEST FROM THE REQUEST -- THE
PUBLIC AGENCY OVERLOOKED THIS
ONE AND SO THEN THE REQUEST --
FOLLOWED UP WITH A LAWSUIT AS
THEY ARE ALLOWED TO DO ONCE
SERVED WITH THE LAWSUIT THE
AGENCY IMMEDIATELY MADE ALL OF
THE RECORDS THAT WERE REQUESTED
AVAILABLE WITH NO EXEMPTIONS
ASSERTED.
BUT THE SERIAL REQUEST OR IS NOW
SEEKING DISCOVERY IN THE
LITIGATION TO PURPOSELY DRAW IT
OUT DRIVING UP COSTS AND FEES.
DESPITE HAVING RECEIVED ALL OF
THE RECORDS THAT WERE REQUESTED
IN ANOTHER CASE IN THE ORANGE
COUNTY SUPERIOR COURT THE COUNTY
DISCOVERED AT THE OUTSET OF THE
P. R. A LOOK BACK CASE THAT
CERTAIN RECORD SHOULD HAVE BEEN
PRODUCED.
THE COUNTY WANTED TO PRODUCE
THEM AND THEN ISOLATE THE
RECORDS THAT WERE ACTUALLY -- IN
DISPUTE THEY OFFERED TO NINE
NINE EIGHT SETTLEMENT AGREEMENT
WHICH WAS RELUCTANTLY ACCEPTED
AND THEN IN THE END.
THE COURT RULED IN THE REQUEST
HERS FAVOR ANYWAY ON SOME OF THE
DISPUTED CATEGORY SO -- THE
ATTORNEY GOT THEIR ATTORNEYS
FEES AT RESPECTIVE IRRESPECTIVE
OF THE NINE NINE EIGHT WHICH IS
EXACTLY WE THINK HOW THE NINE
NINE A SETTLEMENT AGREEMENT
SHOULD ACT AND IF THEY HAD NOT
PREVAILED ON THOSE DISPUTED
CATEGORIES.
THEY WOULDN'T OF HAD TO COVER
THE LOCAL AGENCIES FEES -- NO
ONE WAS CHARGING THAT THIS WAS
FRIVOLOUS FOR THEM TO PURSUE IT --
IT WOULD JUST LIMIT THE LOCAL
AGENCIES COSTS THIS DOESN'T SHIP
BECAUSE SUCH AS LIMITS LOCAL
AGENCIES COST.
THEN THE OTHER POINT WE WANT TO
PUSH BACK ON IS THAT THE NOTION
THAT NINE NINE EIGHT SHOULDN'T
APPLY IN P. R. A. CASES BECAUSE
THEY'RE NOT LIKE OTHER TYPES OF
CIVIL LITIGATION.
THERE WAS A CASE IN TWENTY
SEVENTEEN CITY OF LOS ANGELES
VERSUS SUPERIOR COURT ANDERSON
BARKER.
WHERE WE IN FACT ARGUED THAT P.
R. A. CASES SHOULD BE GOVERNED
ONLY BY THE GOVERNMENT CODE PR A
PROVISIONS FOR PROCESSES IN RICK
REMEDIES -- BUT BUT WE LOST THAT
CASE AND SO IT SEEMS PATENTLY
UNFAIR.
FOR AT TO ONLY APPLY THE THE
BURDEN SOME PARTS WITHOUT THE
BENEFITS OF CIVIL LITIGATION AND
THANK YOU VERY MUCH NEXT WITNESS --
CHAIR MEMBERS OF THE COMMITTEE
DEALING GIVENS WITH THE
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION.
OF AND RESPECTFUL OPPOSITION TO
THIS BILL IT -- IT REMOVES AN
IMPORTANT TOOL FOR PUBLIC
AGENCIES TO WRAP POTENTIALLY
REDUCE THEIR LITIGATION COSTS.
RELATED TO THE CV ARE A LAWSUIT --
THESE ARE RARELY RARELY USE --
AFFECTED IT CONSIDERING THE
NUMBER OF SEATS -- PUBLIC
RECORDS ACT REQUEST THAT WE
RECEIVE -- THE THE LAWSUITS ARE
ACTUALLY FAIRLY RARE -- IT MADE
IT IN GENERAL -- THE NINE ANY AS
A TOOL TO PREVENT -- SERIAL
LITIGANTS FROM IT UTILIZING THIS
EPRA TO PROFIT.
FROM SUING PUBLIC AGENCIES AT
THE EXPENSE OF TAXPAYING PUBLIC.
IT MIGHT BE THE THE SERIAL
AGAINST THEY CAN -- THEY COULD
MAKE REQUESTS FOR ANY AMOUNT OF
RECORDS THERE IS NO REQUIREMENT
FOR THEM TO MODIFY THEIR REQUEST
FOR THE PUBLIC AGENCY A PUBLIC
AGENCY WE'LL TRY WE'LL TRY TO
WORK WITH THESE REQUESTERS BUT
THEY DON'T THEY DON'T HAVE TO DO
THESE REQUESTS YOU DON'T HAVE TO
BE.
FROM CALIFORNIA WE HAVE TO
PROVIDE THE RECORDS TO ANYBODY
WHO S. IN AND IMMEDIATELY UPON
RECEIVING THE NILE SOMEBODY CAN
FILE A LAWSUIT THEY DON'T HAVE
TO TRY AND WORK WITH US TO TRY
AND GET THE RECORDS.
FOLKS ARE TRYING TO WORK WITH US
TO GET RECORDS IN THERE'S A
GENUINE DISPUTE -- THAT'S NOT
WHERE THESE -- NINE NINE EIGHT
OFFERS ARE BEING MADE IT'S IT'S
WHERE WE'RE WE'RE TRYING TO
PREVENT THE THE THE SERIAL
LITIGATION.
AND HAVING THAT.
JUST HAVING THAT TOOL IN THE
TOOL BELT I THINK HELPS PREVENT
THAT LITIGATION TO ONE OF OUR
FARS IS IF THIS TOOL IS.
REMOVED THAT WE MAY SEE MORE
SERIALIZATION WE DON'T KNOW THAT
THAT'S GOING TO BE THE FACT WE
CAN'T PREDICT HOW -- YOU KNOW
THE DIFFERENT ATTORNEYS MIGHT
REACT TO THIS BUT WE WE ARE
FEARFUL THAT THE REMOVING OF
THAT TOOL WILL RESULT IN A MORE
LITIGATION INCREASED COSTS
REPUBLIC AGENCIES IN RESPONSE.
TO THESE VERY RARE CASES WHERE
WE EXERT THESE -- THIS TOOL.
THANK YOU VERY MUCH OTHER
WITNESSES IN OPPOSITION.
GOOD EVENING AB MEMBERS SAID
JASON BRYANT ON BEHALF OF THE
CALIFORNIA DOWNTOWN ASSOCIATION
REPRESENTING THE BUSINESS
IMPROVEMENT DISTRICTS OF
CALIFORNIA WE ARE POSTED BILL
THANK YOU.
GOOD EVENING CARE ACROSS THE
BEHALF OF DOWNTOWN CENTER
BUSINESS IMPROVEMENT DISTRICTS
ROTH OPPOSED THE BILL THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION.
OR LET'S BRING IT BACK TO THE
COMMITTEE ANY QUESTIONS OR
COMMENTS [inaudible]
SENATOR STERN.
THANK YOU MADAM CHAIR JUST
HOPING YOU COULD RESPOND TO SOME
OF THESE CONCERNS ABOUT.
THE ASIAN RISK -- AND ALSO THE
AN APPLICABILITY -- IN THESE
CIRCUMSTANCES THAT -- BUT WE'RE
JUST HEARING OF THE SERIAL
LEADING LITIGATION SITE I GUESS
MY FIRST CHANCE MY FIRST
RESPONSE IS THAT YOU KNOW THESE
NINE NINE EIGHT OFFERS TO BE
MADE.
BEFORE LITIGATION COMES IN WHEN
THE PEOPLE ARE ASKING FOR PUBLIC
RECORDS AND WE HAVEN'T GOTTEN WE
OFTEN THAT WE HAVEN'T GONE TO
THE LAWSUIT.
YES WHICH IS I WANT THE PUBLIC
RECORDS IN THE SAME WILL WILL
SETTLE THAT THEY DON'T GET THE
INFORMATION WE DON'T KNOW HOW
SOMEBODY MAKES MONEY AT A GIVING.
PUBLIC DOCUMENTS BUT MAYBE THEY
DO -- YOU KNOW I EIGHT EIGHT
OUNCE.
IT SOUNDS LIKE IT COULD BE
POTENTIALLY UNFAIR BUT THAT'S
THE THAT'S THE DEMOCRACY THAT WE
LIVE IN IS PEOPLE HAVE A RIGHT
TO THESE THIS INFORMATION.
YOU KNOW I'M NOT I'M I'M WORRIED
ABOUT THE PUBLIC IN GENERAL --
IN AN RULES OF PROCEDURE BEING
MOVED BEING USE THIS IN THE IN A
WAY THAT -- CURBS PEOPLE'S RIGHT
TO HAVE ACCESS TO WHAT THE
GOVERNMENT'S DOING MAN.
I JUST.
I GUESS MY MY CONCERT.
ANYONE IS IN A WAY TRANSPARENCY.
COM SO IT'S AN AWKWARD SPOT TO
SAY CONCERNS ABOUT SOMETHING
THAT WOULD ACTUALLY IN THEORY
ENHANCE TRANSPARENCY BUT AND
JUST TALKING A LOCAL GOVERNMENTS.
THE MAN OF PR A REQUEST THAT
THESE FOR ME THEY SPEND I DON'T
EVEN KNOW HOW MUCH OF THEIR TIME
DEALING WITH.
QUEST AFTER REQUEST OF COURSE
AND JUST HIRING ATTORNEYS AND I
MEAN IT SEEMS LIKE THAT IF IT
FROM STATE AGENCIES I HEAR IT.
SO I JUST I WANT SOME ASSURANCE
OR OR THESE NSIGHT FROM YOU ALL
THAT.
THIS ISN'T GOING.
TO JUST OPEN UP SORT OF I I
FORGET FRIVOLOUS LITIGATION EVEN
JUST.
ARE A REQUEST THAT THAT AREN'T
REALLY.
LEGITIMATE IN NATURE KNOWING
THAT THEN YOU'VE GOT THIS THIS
SORT OF EXIT BECAUSE I AM YEAH I
I YOU JUST DON'T KNOW HOW THAT
[inaudible]
HOW DOES?
WERE YOU THAT I MEAN TELL ME OUT
YET OR FEEL FREE TO SHOOT ME
DOWN TO I JUST.
AUBURN TIGERS SHOULD YOU DOWN
BUT I I THIS DOESN'T HAVE ANY
IMPACT ON LITIGATION -- STOPPING
LITIGATION I MEAN THAT'S GOING
TO COME BECAUSE OF THE AGENCY'S.
ACTION OR INACTION BASED ON THE
REQUEST THIS IS SIMPLY WHAT
HAPPENS DURING.
THAT PROCESS WHEN THEY ARE IN
LITIGATION AND THEN THE NINE ANY
MOTION COMES FROM.
THE AGENCY TO TRY TO COERCE THE
REQUEST -- INTO ACCEPTING LESS
THAN THE REQUEST WOULD OTHERWISE
BE ENTITLED TO AND GENERALLY
THESE RECORDS ARE ALREADY --
COMING TOWARD THE REQUEST OR AS
A RESULT OF THE LITIGATION WHERE
THE AGENCY RESISTED -- THE
REQUEST UP TO THAT POINT AND
FORCED THE REQUEST -- TO GO TO
COURT TO GET THE DOCUMENTS NOW
THEY'RE BEING COERCED AND BY THE
THREAT OF THIS NINE NINE EIGHT
MOTION THAT THEY'RE GOING TO
RECEIVE A LESSON IN THEIR
ATTORNEYS FEES.
THAN THEY OTHERWISE WOULD HAVE
THEY PREVAILED -- THAT'S IT'S
NEFARIOUS REALLY SO THIS IS
GOING TO CUT IT THIS ISN'T GOING
TO HELP CUT DOWN -- OR IT'S NOT
GOING TO XCELERATED LITIGATION
IT WILL HAVE NO IMPACT ON THAT
WHATSOEVER THIS JUST IMPACTS
WHEN LITIGATION IS ALREADY UNDER
WAY.
AND I GUESS YOU CAN ALWAYS MAKE
SETTLEMENT OFFERS YOU JUST CAN'T
MAKE NINE NINE A SETTLEMENT
OFFER SON AND UNDER THIS.
LEGISLATION THAT'S THAT'S THE
NARROWNESS OF IT.
OTHER ANY OTHER QUESTIONS
SENATOR ALLEN.
AND YOUR WITH THE COUNTIES.
OKAY YOU YOU WERE JUST FINISHING
YOUR YOUR STATEMENT I AND YOU
KNOW I I WAS INTERESTED JUST
HEARING YOUR YOUR FINAL THOUGHTS
IT IS IT IS ONLY HALF A SENTENCE
THAT OKAY OKAY OKAY JUST THAT --
IT IN THIS IN THIS COURT CASE.
WE WERE VERY PUBLIC AGENCIES
WERE -- LOST THE CASE THAT THERE
BECAUSE THE COURT FOUND THAT THE
CIVIL DISCOVERY ACT APPLIES TO
BE ARE A CASES WE'RE SAYING THAT --
THE PROCESS AND REMEDY SHOULD BE
ONLY UNDER THE GOVERNMENT
BECAUSE THE P. R. EIGHT COAT AND
SO -- WE LOST THAT CASE AND SO
WE FEEL LIKE -- IT'S NOT
REASONABLE TO ONLY APPLY THE
BURDENSOME ASPECTS OF CIVIL
LITIGATION IF INDEED IF INDEED
ARE A REQUEST.
LITIGATION IS CIVIL LITIGATION --
WE HAVE THE BURDEN SOME ASPECTS
BUT NOT THE BENEFICIAL ASPECTS
LIKE NINE NINE EIGHT SO IF TO
PAY IF YOU LOSE BUT YOU DON'T
GET ANYTHING IF YOU IN.
AT THAT WOULD YEAH WELL I MEAN
WE WE DON'T GET ANY.
AT ANY TIME UNDER P. R. A
REQUEST UNLESS IT'S FRIVOLOUS
AND THAT'S THE I MEAN THAT
ALMOST RIGHT NEVER HAPPENED
THAT'S FINE -- THIS IS JUST A
CASE OF WHETHER WE HAVE TO PAY
UP TO THE NINE NINE EIGHT OR
WHETHER WE WHEN WE HAVE MADE OF
AREASONABLE YOU KNOW ITS -- NO
WE WE DO WE DO SHOULD WE SHOULD
HAVE THESE RECORDS WOULD TAKE
ANOTHER LOOK AT IT -- AND THESE
ARE BUT THESE ARE STILL
PRIVILEGE THESE HAVE
CONFIDENTIAL INFORMATION --
PERHAPS OF EMPLOYEES OR YOU KNOW
WHATEVER WHATEVER OTHER
EXCEPTIONS THERE ARE TO THE P.
R. A. -- AND IF THEY GO TO COURT
TO GET THOSE IF IF IN FACT THEY
WERE INCORRECT AND THEY'RE NOT.
ARE ABLE THEN AT THAT POINT WHY
SHOULD WE PAY FOR THEIR
LITIGATION AFTER WE ALREADY GAVE
THEM ALL THE RECORDS THAT
THEY'RE ENTITLED TO THAT'S A
GOOD POINT WHAT.
WILL THE COURT DECIDES MADAM
CHAIR PLEASE THROUGH THE COURT
DECIDED THE REQUESTER PREVAILS
WHETHER THEIR COSTS IN THEIR
FEES ARE ARE ARE.
I PAID IT WITH WHAT THIS DOES IS
NINE NINE EIGHT USING YOU MUST
REWARDED OF THIS.
RIGHT THE PARTIES YOU KNOW
PARTIES CAN STILL SETTLE WITHOUT
THE NINE NINE EIGHT TO NINE NINE
EIGHT TRIGGERS THIS THIS
RESPONSIBILITY ON TO THE
REQUESTOR THAT NORMALLY IN THE
PUBLIC RECORDS WORLD WE DON'T DO
THAT.
THAT'S YOU KNOW THE JUDGE THE
JUDGE.
THE JUDGE WILL MAKE HER DECISION
YOU KNOW ON THE REQUEST AS YOU
GO THROUGH THE PROCESS AND IF
IT'S PRIVILEGE WON'T GET IN THAT
ALL GETS IRONED OUT.
RIGHT ANY OTHER QUESTIONS OR
COMMENTS SEEING NONE.
CENTER Y. KOWSKI YOU MAY CLOSE
TONIGHT VOTE.
ALREADY THE MOTION IS. TO PASS
TO APPROPRIATIONS.
PLEASE CALL THE ROLL
[inaudible]
JACKSON I JACKSON HIGH BORDERS
[inaudible]
ALAN.
ALLEN I CABALLERO [inaudible]
JONES.
JONES NO MONNING.
MONEY AYE STERN [inaudible]
I'M BURKE.
NUMBER OF IOWA CASKEY HI MIKE
OWSKI I ALRIGHT THE BILL HAS
SAID IS FIVE TO ONE BUT WE WILL --
HOLD THE ROLE OPEN WILL GO
THROUGH THE ROLE ONCE BEFORE WE
DOWN THE SEAT NICK -- THANK YOU.
SENATOR Y. KOWSKI AND I BELIEVE.
YOU HAVE ONE OTHER ITEM FILE
ITEM.
TWENTY EIGHT SB.
SEVEN OH SEVEN THE ARBITRATION
ACCOUNTABILITY ACT OF TWENTY
NINETEEN FIRST OFF MADAM CHAIR I
ACCEPTED MA'AM IN SOME PAGE
ELEVEN OF THE ANALYSIS.
THANK THE COMMITTEE FOR
IMPROVING THE BILL WITH THOSE
AMENDMENTS SEVEN SB SEVEN OH
SEVEN PROVIDES A CRUCIAL PROCESS
FOR CONSUMERS AND WORKERS -- TO
USE WHEN THEY FIRST -- WHEN
THEIR FIRST BEEN FORCED OUT OF
COURT AND IF IT AND THEY'VE ALSO
BEEN DENIED ANY RECOURSE IN
ARBITRATION?
MANDATORY ARBITRATION PROVISIONS
ARE EVERYWHERE WE'VE HAD SEVERAL
BILLS IN THIS COMMITTEE AND THEN
ON THE ASSEMBLY SIDE OVER HALF
OF THE AMERICANS WORKFORCE HAVE
BEEN FORCED TO SIGN MANDATORY
ARBITRATION AGREEMENTS AS A
CONDITION OF THEIR EMPLOYMENT.
WITH WORKERS AND CONSUMERS
BARRED FROM GOING DIRECTLY TO
THE COURTS BUSINESSES ARE ABLE
TO STRATEGICALLY WITH FULL
PAYMENT TO OBSTRUCT PROCEEDING
IN THE ABILITY TO PURSUE THE
CLAIM.
SB SEVEN OH SEVEN SIMPLY LAYS
OUT THE PROCESS AND PENALTIES
FOR THIS TYPE OF BEHAVIOR THE
BILL ALSO ADDS THE SAME
REPORTING REQUIREMENTS OF
ARBITRATE.
ARBITRATORS -- DEMOGRAPHICS IS
IF.
AS IS ALREADY REPORTED ON OUR
JUDICIAL BENCH GIVES US SOME
IDEA OF WHO'S GOING WHO'S USING
THE SERVICE WITH ME I HAVE TO
PRESENT OF THE OF THE CONSUMER --
ATTORNEYS MIKE AREAS AND NO --
LIP WHAT'S INTERNING WITH THE
EMPLOYMENT.
LAWYERS ASSOCIATION.
THANK YOU GOOD EVENING TWO
MINUTES EACH IF YOU WOULD.
THANK YOU MADAM CHAIR NO A LEVEL
IT'S ON BEHALF OF THE CALIFORNIA
PLUMMET LAWYERS ASSOCIATION.
THIS BILL ADDRESSES ONE OF THE
MOST EGREGIOUS PRACTICES WE ARE
NOW STARTING TO SEE.
MORE AND MORE OFTEN.
WHEN WORKERS ARE FORCING TO
ARBITRATION TO RESOLVE THEIR
EMPLOYMENT DISPUTES?
AS IT STANDS THE CALIFORNIA
ARBITRATION ACT PROVIDES NO
GUIDANCE TO POP THE TWO PARTIES
OR ARBITRATORS AS TO WHAT TO DO
WHEN PARTY FORCING AN EMPLOYEE
AN ARBITRATION.
FAILS TO PAY THE REQUIRED FEES
TO PROVIDE THE VENUE FOR THE
EMPLOYEE TO VINDICATE THEIR ON
WEARABLE STATUTORY RIGHTS.
OVER THE YEARS WE AT CO I HAVE
SEEN INSTANCES WHERE EMPLOYERS
HAVE FOR PURELY STRATEGIC
REASONS.
FAILED TO PAY AT THE OUTSET OR
STOPPED PAYING IN THE MIDDLE OF
ARBITRATION.
THIS TACTIC HAS BECOME
INCREASINGLY COMMON PLACE.
IN PART BECAUSE THE OFFENDING
PARTY KNOWS THE CALIFORNIA
ARBITRATION ACT PROVIDES NO
REMEDY TO THE AGGRIEVED PARTIES.
THE TACTIC HAS BEEN USED IN ALL
TYPES OF EMPLOYMENT CASES IN
IMPACTING BOTH LOW WAGE HOURLY
WORKERS AND HIGH PAID EXECUTIVES.
JUST LAST YEAR I EXPERIENCE THIS --
THIS TACTIC TWICE IN THE SAME
CASE.
THE CASE WAS SIMPLE AND
EXECUTIVE SUING FOR BREACH OF
WRITTEN EMPLOYMENT CONTRACT.
WE WERE REQUIRED TO BRING THE
CASE AN ARBITRATION BECAUSE THE
COMPANY'S PRE DISPUTE FORCED
ARBITRATION CONTRACT IT REQUIRED
MY CLIENT TO SIGN AS A CONDITION
OF EMPLOYMENT.
IN MY CASE THE COMPANY DELAYED
PAYING AT THE IN ITS INITIATION
FEE WITH JAMS.
BECAUSE IT DID NOT WANT MY
CLIENT TO BE ABLE TO GET ANY
DISCOVERY BEFORE A MEDIATION
THAT THE PARTIES HAD ALREADY SET.
WHEN THE CASE DID NOT RESOLVE
THE MEDIATION THEY PAID THE FEE
AND -- JAM SET AN INITIAL STATUS
CONFERENCE JAMS AS A POLICY THAT
UNTIL BOTH PARTIES PAVE THE
INITIATION FEE THEY WILL NOT
EVEN INITIATE THE CASE TO
PROVIDE INITIAL STATUS
CONFERENCE.
WHEN THE CASE EXCUSE ME SEVEN
MONTHS LATER?
WE'RE ON THE VERGE OF OUR
HEARING IN OTHER WORDS A TRIAL.
THE COMPANY ASK THE ARBITRATOR
FOR CONTINUANCE OF THE HEARING
AND THE HEARING DATE THE
ARBITRATOR DENIED THE REQUEST.
THEN THE COMPANY FAILED TO PAY
THE DEPOSIT REQUIRED BY JAMS TO
COVER THE ARBITRATOR'S FEE FOR
THE HEARING.
THE ARBITRATOR'S RESPONSE.
EVERYTHING'S OFF CALENDAR I CAN
DO NOTHING UNTIL I GET PAID.
I FILED A MOTION FOR DEFAULT
CLAIMING A BREACH OF FOR A
CLEANING BAD FAITH AND PREJUDICE
MY CLIENT HAD TO PAY THE NINE
THOUSAND DOLLARS TO THE
ARBITRATOR TO EVEN GET THE
HEARING ON MY MOTION.
THE ARBITRATOR THEN DENIED MY
MOTION PRIMARILY ON THE GROUND
THAT THE ARBITRATOR CALIFORNIA
WHICH ASIAN AT ONE DID NOT HAVE
ANY PROVISION FOR DEFAULT AND
TWO DID HAVE A PROVISION THAT
ANY AWARD MADE WITHOUT ALLOWING
A PARTY TO PRESENT EVIDENCE
WOULD BE VACATED BY THE COURT.
UNDER CODE OF CIVIL PROCEDURE
TWELVE EIGHTY SIX POINT TWO
SUBSECTION A FIVE WHEN MY MOTION
WAS PENDING THE COMPANY PAID THE
FEE.
AND THE ARBITRATOR ALLOWED THE
COMPANY CONTINUE IN THE
ARBITRATION IN THE END THE
COMPANY GOT EXACTLY WHAT IT
WANTED A CONTINUATION OF THE
HEARING DATE.
THIS TACTIC PRESENTLY IS BEING
EMPLOYED BY COMPANIES LIKE UBER
AND LIFT.
RIGHT NOW OVER IS FACING
INDIVIDUAL ARBITRATION CLAIMS BY
MORE THAN TEN THOUSAND EMPLOYEES.
IN FACT THEY HAVE BEEN FORCED
THEIR THEIR ARBITRATION
AGREEMENT COURT AND FAILED TO
PAY THEIR FEES.
DESPITE FORCING EVERYBODY'S IN
THE ARBITRATION RESPECTIVELY
URGE YOUR AYE VOTE ON THIS
IMPORTANT MEASURE THANK GAVE YOU
A LITTLE EXTRA TIME.
WE'LL DO THAT ON THE OTHER END
IF IF NEED BE BUT TWO MINUTES IF
YOU WOULD PLEASE.
THANK YOU MADAM CHAIR.
OF GOOD EVENING MY NAME IS MIKE
AREAS I AM THE PRESIDENT THE
CONSUMER ATTORNEYS OF CALIFORNIA
MOST OF MANAGING PARTNER OF MY
FOR MAYOR SANGUINETTI WING AT
TRIOS -- CO SEE IS A PROUD
SPONSOR OF OF THIS.
AS SB -- SEVEN OH SEVEN AS
YOU'VE HEARD AND SEEN IN RECENT
YEARS -- THERE'S BEEN A SURGE OF
OF ARBITRATION.
AND FORCED ARBITRATION CLAUSES
ARE AND EVERYTHING THEY WERE
TOUCHING TODAY FROM CONSUMER
CONTRACT EMPLOYMENT CONTRACTS.
AND IT IS AS WE'VE DISCUSSED
MANY TIMES IT HAS LIMITED THE
ABILITYIN RIGHTS OF CONSUMERS
AND EMPLOYEES. TWO OF THEM HAVE
THEIR RIGHTS VINDICATED.
IT'S BEEN LIMITATION ITS
LIMITATIONS ARE AND THEN WE'LL
DISCUSS I WILL GO INTO A LOT OF
THAT.
WE ALSO KNOW -- THAT WITHOUT
THAT PICKED I BELIEVE WITHOUT
THE PROTECTIONS OF SB -- SEVEN
SEVEN THESE COMPANIES AS JUST
WAS TESTIFIED TO WILL CONTINUE.
TO DENY THE RIGHTS -- THAT -- IN
MY VIEW ARBITRATION ALREADY DOES
BY SIMPLY ALLOWING OUR THESE --
DEFENDANTS WHETHER TO
CORPORATION A BUSINESS OR
WHOEVER TO SIMPLY -- DELAY BY
THE JUSTICE THAT.
I BELIEVE THAT YOU STILL REALLY
DON'T HAVE AN ARBITRATION BUT
THE LIGHT TO DENY WHATEVER JUST
AS AN ARBITRATION ALLOWS YOU. TO
CHOOSE -- OCCURRENCE LONG AS IT
UNTIL SUCH TIME AS THEY FEEL
THEY WANT TO TRY TO PROVIDE SOME
ARBITRATE SOME -- JUSTICE TO THE
VICTIMS -- THIS IS A
DISCOURAGING PROCESS ARBITRATION
OF ITSELF -- IS A DISCOURAGING
PROCESS IS UNFAIR IT'S ONE SIDED
BUT IT'S EVEN MORE INSULTING
THAT WHEN YOU FOR SAY AN
EMPLOYER CONSUMER INTO THAT.
THAT YOU TURN AROUND AND JUST
SIDE WANTED LATE EVEN LONGER BY
SIMPLY NOT PAYING FEES.
SIMPLY NOT COMPLY WITH THE
PROCESS THAT IS REQUIRED FOR THE
ARBITRATION WHICH IS THE ARBORS
PROCESS THAT THEY'VE CHOSEN FOR
THE EMPLOYEE OR THE THE CONSUMER --
IF YOU'RE GONNA PROVIDE ANY JUST
I DON'T BELIEVE ARBITRATION VICE
MUCH JUSTICE ANYWAY BUT THE THE
LITTLE.
ABOUT A JUST AS IT DOES PROVIDE
OF IS IS GONNA BE LOST IF YOU DO
NOT -- AND ACTORS THIS -- SB
SEVEN SEVEN THANK YOU VERY MUCH
FOR YOUR TESTIMONY ANY OTHER
WITNESSES IN SUPPORT ADVOCATES
IN SUPPORT.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT WITNESSES IN OPPOSITION.
REYES BEEN WAITING.
MAKE YOU WAIT ALL DAY.
THEN I WILL GIVE YOU TWO MINUTES
AND FORTY SECONDS TO EQUALIZE
THAT TESTIMONY ALTHOUGH I KNOW
YOU CAN TALK VERY FAST AND DO IT
UNDER TWO MINUTES.
GOOD EVENING GOOD EVENING MADAM
CHAIR AND MEMBERS OF THE
COMMITTEE JENNIFER BURR ON
BEHALF THE CALIFORNIA CHAMBER OF
COMMERCE AND WE ARE OPPOSED SB
SEVEN OF SEVEN I DON'T KNOW THE
THE SPECIFICS OF THE CASES THAT
THEY MENTIONED ARE THE COMPANIES
WITH REGARD STARBIRD RATIONS.
AND I'M NOT SITTING HERE UP HERE
TO DEFEND WHEN A COMPANY
INTENTIONALLY ENGAGES IN FAILURE
TO PAY IN ORDER TO GAIN SOME
STRATEGIC ADVANTAGE IN
ARBITRATION.
SUCH AS NOT PROVIDING A VENUE TO
RESOLVE DISPUTES THAT'S NOT --
SOMETHING THAT I'M GONNA SIT
HERE AND TRY TO DEFEND BUT I
THINK THE BROAD AS CURRENTLY
DRAFTED IS OVERLY BROAD AND WILL
INCLUDE.
POTENTIAL CASES IN WHICH THERE'S
A VALID FEW DISPUTE WITH REGARDS
TO THE ARBITRATION COSTS AND
FEES DO YOU AND IF.
A COMPANY DOESN'T PAY EVEN
THOUGH THERE'S A BALLOT FEW
DISPUTE -- THERE'S A HOST OF
PUNISHMENTS THAT THEN COME INTO
PLAY IMMEDIATELY -- FOR FAILURE
TO PAY FOR EXAMPLE -- THE BILL
CURRENTLY DRAFTED SAYS THAT THEY
CAN FILE ANY CLAIMS IN COURT
THAT THEY COULD HAVE FILED BUT
DIDN'T FILE AN ARBITRATION
THAT'S A CONCERN IF THEY HAVE
BEEN BARRED BY THE STATURE
LIMITATIONS IN ARBITRATION OR
THE SUCH ARE THEY DIDN'T PHYLUM
AN ARBITRATION AND NOW IT'S
BARRED.
THERE'S NO REASON WHY THEY
SHOULD BE ABLE TO BE REVIVED IN
COURT -- THERE'S ALSO A LIST OF
MONETARY DAMAGES OF COURSE THAT
THE INDIVIDUAL BE ENTITLED -- TO
FOR ARBITRATION COSTS ATTORNEYS
USING AT THE ANY OTHER COSTS
ASSOCIATED WITH THE ARBITRATION
AND MOVING THAT CASE FROM
ARBITRATION TO COURT BUT IN
ADDITION TO THAT THEY ALSO --
HAVE A LIST OF SANCTIONS THAT
THE COURT AND THE JUDGE WOULD BE.
NOT THEY DON'T HAVE THE
DISCRETION NOT TO ISSUE IT IS H.
THEY SHALL ISSUE INCLUDING
MONETARY PENALTIES ON TOP OF THE
DAMAGES -- BUT THEY'VE ALREADY
HAD TO PAY FOR THE COST OF
ARBITRATION EVIDENTIARY
SANCTIONS WHERE THEY WOULD BE
BARRED FROM DOING ANY DISCOVERY
IN CIVIL COURT -- STRIKING OF
THE PLEADINGS -- TERMINATING
SANCTIONS WHERE THEY WOULD
BASICALLY THE JUDGE COULD ISSUE
A DEFAULT JUDGMENT AGAINST THE
COMPANY ALL BECAUSE THERE IS A
VALID GOOD FAITH DISPUTE IN THE
BEGINNING AS TO WHETHER OR NOT
THE ARBITRATION FOR YOUR COSTS
TO BE PAID OR LET'S SAY THAT IN
IN THE CASE THAT THE COMPANY.
HAD PAID THOUSANDS OF DOLLARS
FOR ARBITRATION THERE SOME
NOMINAL AMOUNT THAT THE BRICK
PAID AGAIN IT DOESN'T
DISTINGUISH BETWEEN THAT AND
SOMEBODY WHO STRATEGICALLY
INTENTIONALLY NOT PAYING AN
ARBITRATION IN ORDER TO AVOID
HAVING A VENUE RESOLVE THE
DISPUTES.
SO RIGHT NOW WE ARE CONCERNED
THAT THE BILL AS CURRENTLY
DRAFTED IS OVERLY BROAD AND CAPS
LATE THINGS IN WHICH THERE COULD
BE A GOOD FAITH DISPUTE.
AND NOT HAVING THE PAYMENT OF A
ARBITRATION COSTS AND FEES BUT
NONE THE LESS WOULD HAVE THIS
LIST OF PUNITIVE ODD.
PENALTIES AND SANCTIONS ISSUED
AGAINST THE COMPANY WE HAVE --
RAISE THESE ISSUES WITH THE
AUTHORS OFFICE -- HE HAS
INDICATED A WILLINGNESS TO TALK
WITH US ABOUT TRAINED REFINED
SOMEBODY'S PROVISIONS AND SO FOR
WITH THAT -- WE ARE OPPOSED
RIGHT NOW BUT WE'RE HOPEFUL THAT
WE CAN WORK WITH THE AUTHORS
OFFICE TO WORK FROM THESE ISSUES
OUT.
THANK YOU VERY MUCH TO TWO
MINUTES TWENTY THROUGH SECONDS
SO YOU STILL HAVE EIGHTEEN
SECONDS IF YOU'D LIKE TO SAY
SOMETHING FURTHER.
ALL RIGHTY -- ANY OTHER
WITNESSES IN OPPOSITION.
RIGHT SEEING NONE LET'S BRING IT
BACK TO THE DYESS SENATOR
MONNING -- I'M SORRY COME ON UP.
THIS -- VOICE RISEN CALIFORNIA
HOUSE WITH ASSOCIATION IN
OPPOSITION TO THIS BILL.
THANK YOU VERY MUCH.
ALL RIGHT SENATOR MINING.
THANK YOU ON WANT TO THANK THE
AUTHOR FOR BRINGING THIS FORWARD --
WE SEE IN A NUMBER OF ARENAS --
THOSE WITH THE UPPER HAND ON
UTILIZING THAT STRENGTHEN THE
EXAMPLES THAT YOU'VE SHARED SHOW
THAT BUT IN RESPONSE TO THE
OPPOSITION.
IF IF A PARTY TO THE AVERAGE
ARBITRATION THE DRAFTING PARTY
DOES PAY THEIR FEES AND COSTS
RELATED TO THAT ARBITRATION.
NOTHING IN THIS BILL.
WOULD APPLY CORRECT THANK YOU.
ALL RIGHT A SENATOR UMBERG.
THANK YOU ALSO SO MY COUNTY AND
I NOTED THAT THE EXISTING LAW
ONLY APPLIES TO EMPLOYMENT OR
CONSUMER ARBITRATION.
IT'S BEEN MY EXPERIENCE THAT.
WHILE ARBITRATION STARTED OUT AS
A USEFUL TOOL TO EXPEDITE
DISPUTE.
RESOLUTION IT'S NOW BECOME.
USE THE DIFFERENT WAYS SO MY
QUESTION IS A LITTLE DIFFERENT
IF YOU WOULD CONSIDER FOR
EXAMPLE EXPANDING THE BILL TO
OTHER TYPES SO FOR EXAMPLE IN
THE BUSINESS CONTEXT EVEN
LEASING CONTEXT -- TO SENATOR
MOUNTINGS POINT THE THAT THOSE
WHO HAVE THE UPPER HAND
[inaudible]
HAVE.
OF LATE BEEN USING IT -- NOT TO
SEEK JUSTICE BUT TO BASICALLY
[inaudible]
ALL [inaudible] TO THE FIRST
THINGS TO THE THE SMALLER ENTITY.
YOUR ENCOURAGEMENT -- FOR ME TO
EXPAND MY BILL IS -- WARMLY
RECEIVED I'VE HAD OTHER
ARBITRATION BILLS THAT HAVE NOT
FARED SO WELL USUALLY THEY GET
WHITTLED DOWN I WILL I'M.
I WILL THINK HAVE CONSIDERED
THAT I DID YOU MAKE A GOOD POINT
WHY WHY.
I THINK I GOT.
AS I'VE GONE THROUGH THIS
PROCESS OF HAVING ARBITRATION
BILLS AND BACKED UP SO FAR THAN
JUST THINKING OF IN CONSUMERS
AND BUSINESSES OR EMPLOYEES.
BUT YOU MAKE A POINT BECAUSE IT
IT DID START UP JUST BUSINESSES
AND BUSINESSES AND ON THE THE
INITIAL FEDERAL STATUTE.
AND THE TRUTH IS SAID.
THAT IF LITIGANTS DON'T WANT THE
CASE TO PROCEED OR IF THEY FEEL
THAT THEY'RE GONNA LOSE THEY
JUST STOP PAYING I MEAN IT'S
IT'S A IT'S OF HEAVY THUMB ON
WHICH WOULD OTHERWISE BE A WISE
BE THE SCALES OF JUSTICE.
AND YOUR JAMS PEOPLE IN YOUR
TRIPLE A BIG THEY WON'T WORK.
NO TAKING NO LAUNDRY DAY ARE
JUST ABSOLUTELY I'VE SEEN THIS
HAPPEN -- YOU YOU GOTTA GET A
SENSE SAID THAT -- YOU'RE
WINNING AND THE OTHER SIDE'S
GOING TO COME UP WITH SOME.
MONEY TO TO KEEP THE CASE GOING
THEY DON'T AND SO YOUR STOCK.
SO ARE I AGREE I THINK ON BOTH
SIDES I DON'T CARE WHO'S THE
WHO'S WINNING WHO'S LOSING IT IT
IS A A TOOL THAT IS BEING USED
TO CREATE A SERB NIP AGAIN ON
FAIRNESS.
IN THE PRIVATE LITIGATION
PROCESS.
SO I I WOULD I WOULD NOT
DISAGREE BUT WE'RE HERE NOW.
LET'S KEEP THE BILL AT THIS FORM
AND WE'LL DEAL WITH THAT LATER
BECAUSE IT'S GETTING LATE.
CENTER BOARD JUST IF YOU WOULD.
IT'S IF A IF A IF A A PARTY --
PAYS TO AVOID ANY OF THE
CONSEQUENCES OF THAT DOESN'T
DEPRIVE THEM OF THEIR ABILITY --
TO CONTEST -- THE THE FEES IS
THAT CORRECT.
I DON'T BELIEVE SO I THINK THAT
FEATURED AS DETERMINED BY JAMS
AND AND NORMALLY THE PARTIES
CHOOSE THE ARBITRATION GROUP
THAT THEY HAVE SO I DON'T.
AND THEN THE EMPLOYER.
OR THE BUSINESSES.
THE THEY SET UP THE ARBITRATION
CLAUSE SO I DON'T KNOW IF THEY
CAN LIVE I THINK THAT WHEN WE
HEARD FROM THE REPRESENTED FROM
THE CHAMBER OF COMMERCE I DON'T
KNOW IF I'M RESETTING THIS
ACCURATELY -- THE EXAMPLE IS
THAT THE IF ONE OF THE
INDIVIDUALS ARE ONE OF THE
PARTIES [inaudible]
OBJECTED.
AND DID NOT PAY.
AND THEN ALL THESE PENALTIES
WOULD ATTACH.
SO THAT IS A REAL CONCERN.
IS MY UNDERSTANDING.
ATTENTION.
IS HAD A QUESTION FOR THE
CHAMBER WOULD YOU WANT TO
RESPOND TO IT QUICKLY.
THAT'S ONE OF THE EXAMPLES OF
THE THERE COULD BE A VALID FEW
DISPUTE AT THE INITIATION OF THE
ARBITRATION AND IF WE DON'T PAY
WITHIN THIRTY DAYS ALL THESE
HORRIBLE THINGS CAN HAPPEN EVEN
THOUGH THERE IS A VALID THE
SPEED AT THE VERY BEGINNING.
WHEN I'M IS WHAT I'M SAYING
THOUGH IS THAT THERE MIGHT BE A
VALID DISPUTE IT'S ALMOST LIKE
YOU'RE IRIS TAXES YOU?
MANY TIMES YOU JUST SIMPLY PAY
AND THEN CONTEST.
BOB MY QUESTION TO THE AUTHOR IS
THAT.
IF IT INDEED IF ANY PAYS THEY
CAN STILL IT DOESN'T DEPRIVE
THEM -- OF THEIR ABILITY TO
CONTEST THOSE FEES.
IT'S A P. ARBITRATOR DATED THE
ARBITRATOR SOMEONE IS GOING TO
MAKE THE DETERMINATION.
IF THERE'S A IF THERE'S A
LEGITIMATE DISPUTE.
RIGHT I MEAN THAT WE'RE NOT
TAKING THAT AWAY FROM THEM BUT
IF THEY BUT WE'RE SHE CAN PAY
UNDER PROTEST IS WHAT I'M
GETTING AT YES [inaudible]
YES.
WE SOMETIMES SOMETIMES THE
EMPLOYEE HAS BEEN ONE OF THE
OPTIONS THAT THE EMPLOYEE CAN
PAY THE EMPLOYER'S PORTION AND
AND AND MOVE FORWARD IF THAT'S
WHAT THEY WANT TO DO.
THAT CAN BE.
KIND OF A A GOOD.
ALL RIGHT ANY OTHER QUESTIONS --
SENATOR WHITE HOUSE CAN WOULD
YOU LIKE THE CLOTHES WELL I
THINK THE OPPOSITION IS POINTED
OUT THAT.
ARBITRATION BECAUSE CLASSES CAN
HAVE CONSEQUENCES MAYBE SOME
THAT THEY WEREN'T ANTICIPATING
BUT THEY THEY SHOULD BE ABLE --
TO HAVE A BOTH WAYS AND WE'RE
HOPEFUL I'M HOPEFUL THAT WE CAN
GET IN AYE AYE VOTE AND I URGE
YOUR SUPPORT.
THANK YOU MOTION BY SENATOR
STERN -- MADAM SECRETARY THE
MOTION IS TO PASS AS AMENDED TO
SENATE APPROACH PLEASE CALL THE
ROLL.
JACKSON HI JACKSON HI BORDERS.
OR JUST AYE ALLEN.
ALLEN I CABALLERO.
CABALLERO AYE JONES [inaudible]
MONNING.
MONNING AYE STERN.
I UMBERG.
AMERICA I Y. CASKEY.
BY KELSEY AYE.
ALL RIGHT THE BILL HAS EIGHT
VOTES A TWO ZERO IT IS.
OUT.
AND WE HAVE I BELIEVE JUST A FEW
MORE BILLS.
WE'LL START WITH SENATOR MONNING
HE IS UP ALL WITH NUMBER FILE
NUMBER.
TWENTY SEVEN THEN WILL GO.
TO SENATOR STERN WHO IS GOING TO
BE.
PRESENTING SB ONE ON BEHALF OF
THE PRO TEM -- ATKINS AND THEN I
WILL CONCLUDE WITH FILE ITEM.
SIXTEEN R. S. BEFORE.
NINETY THREE SO WITH THAT
SENATOR MAHONING GOOD EVENING.
GOOD EVENING MADAM CHAIR AND
MEMBERS AND WANT TO START BY
THANKING YOUR COMMITTEE FOR THE
EXCELLENT ANALYSES ON ALL THIRTY
TWO BILLS THAT WE'VE REVIEWED
TODAY -- WITH THIS ONE SB SIX
EIGHTY EIGHT I'D LIKE TO ACCEPT
THE AMENDMENTS OUTLINED IN THE
COMMITTEE AN ANALYSIS.
AND THANK THE COMMITTEE STAFF
FOR THEIR WORK ON THIS BILL.
CURRENTLY THE LABOR COMMISSIONER
HAS THE AUTHORITY TO ASSESS
UNPAID MINIMUM AN OVERTIME WAGES
THROUGH A CITATION ISSUED
AGAINST AN EMPLOYER AND OTHER
RESPONSIBLE INDIVIDUALS.
THE CITATIONS MAY BE PROSECUTED.
TOGETHER IN A SINGLE
ADMINISTRATIVE PROCEEDING WHEN
THE CITATIONS ARE APPEALED.
CONTRACT WAGES HOWEVER.
MAY BE ENFORCED BY THE LABOR
COMMISSIONER ONLY THROUGH A
CIVIL ACTION FILED IN SUPERIOR
COURT.
VIOLATIONS OF THE MINIMUM WAGE
AND OVERTIME PAY REQUIREMENTS
ARE OFTEN ACCOMPANIED BY NON
PAYMENT OF CONTRACT WAGES.
HOWEVER THE LABOR COMMISSIONER
DOES NOT HAVE THE AUTHORITY TO
ASSESS AND PROSECUTE VIOLATIONS
OF CONTRACT WAGES AND IS UNABLE
TO PROSECUTE COMPANION CONTRACT
WAGE.
VIOLATIONS IN THE SAME
ADMINISTRATIVE PROCEEDINGS AS
MINIMUM WAGE AND OVERTIME
VIOLATIONS SB.
SIX EIGHTY EIGHT GIVES THE LABOR
COMMISSIONER THE AUTHORITY TO
ASSESS UNPAID CONTRACTUAL WAGES
THROUGH A CITATION ISSUED
AGAINST AN EMPLOYER.
THIS BILL WILL ENSURE THAT
WORKERS ARE PAID THEIR
APPROPRIATE CONTRACTUAL WAGES.
IN A TIMELY MANNER BY PERMITTING
UNPAID CONTRACT WAGES TO BE
COLLECTED THROUGH THE ISSUANCE
OF CITATIONS WHEN WE REFER TO
CONTRACT WAGES.
CLOSER WAGES ABOVE THE MINIMUM
WAGE.
I'D RESPECTFULLY ASK YOUR AYE
VOTE AT THE APPROPRIATE TIME AND
TO THE CHAIR WOULD LIKE TO
PRESENT.
A SISTER DS LEGISLATIVE DIRECTOR
WAS STATE BUILDING AND
CONSTRUCTION TRADES AND ALSO
WANT TO THANK DAVID BALTAR FOR
BEING HERE ASSISTANT CHIEF
COUNSEL DIVISION OF LABOR
STANDARDS ENFORCEMENT HERE FOR
TECHNICAL ASSISTANCE.
THANK YOU THANK YOU CENTER
MINING GOOD EVENING MR TIAS THE
FLOOR IS YOURS TWO MINUTES
PLEASE -- CENTER MEMBERS AS
EARLY AS WE HAVE A STABLE
INJURIES COUNCIL WILL ALL BE
LABOR THE POINT OUT CALIFORNIA
HAS A WORLD CLASS ECONOMY
SEVENTEEN MILLION PLUS --
EMPLOYEES -- HOWEVER ARE LONG
AND LABOR LAW ENFORCEMENT
EFFORTS KIND HAVE NOT CUT UP.
AND IT IT'S AMAZING TO ME THAT
OVER TIME THAT WE'VE ALL BEEN
DEBATED -- INCOME INEQUALITY IN
THE ABILITY TO ADDRESS
AFFORDABILITY BUT WHEN IT COMES
TO THE UNDERGROUND ECONOMY AND
THE ABILITY TO ENFORCE THAT THE
STATE IS LACKING WHEN I FIRST
STARTED AT THE BUILDING TRADES
WE HAD ABOUT TWENTY FOUR PEOPLE
AT THE DEPARTMENT OF INDUSTRIAL
ASIANS TO GO OUT AND AND FORCED.
ALL LABOR LAW ENFORCEMENT SINCE
THEN THERE HAS BEEN SIGNIFICANT
IMPROVEMENTS BECAUSE OF
DEMOCRATIC ADMINISTRATIONS
HOWEVER WE ALSO NEED TO PROVIDE
THE LABOR COMMISSIONER WITH THE
TOOLS TO BE ABLE TO GO OUT FOR A
LOT OF THESE BAD ACTORS THAT
EXIST.
WHY BECAUSE THERE'S A LOT OF
INVESTMENT THERE'S A LOT OF
PUBLIC MONEY AND SUBSIDIES ARE
GOING INTO A LOT OF EMPLOYERS?
WE EXPECT RESPONSIBLE EMPLOYER
SAID THERE'S NOT UNFAIR
COMPETITION AND THAT THE GOOD
EMPLOYERS ARE NOT PUT AT A
COMPETITIVE DISADVANTAGE AGAINST
THESE EMPLOYEES SO FOR THOSE
REASONS WE RESPECTFULLY ASK FOR
YOUR SUPPORT.
THANK YOU VERY MUCH OTHER
WITNESSES IN SUPPORT IF YOU TO
PLEASE STEP FORWARD.
VERY COURTEOUS HARM BY FOR THE
CALIFORNIA PLAN MILLERS
ASSOCIATION IN SUPPORT THANK YOU.
WITNESSES IN OPPOSITION.
GOOD EVENINGMADAM CHAIR AND
MEMBERS OF THE COMMITTEE THANK
YOU SO MUCH FOR THE OPPORTUNITY
TO TESTIFY THIS EVENING WE DO
APPRECIATE THE COMMITTEES
ANALYSIS AND THE WOULD YOU GIVE
US YOUR PHONE.
SORRY LARA CURTIS ON BEHALF OF
THE CALIFORNIA CHAMBER OF
COMMERCE OKAY FIELD.
LEEWAY HERE YOU'RE THINKING FOR
TO GET OUT OKAY -- WE DO
APPRECIATE THE AMENDMENTS
PROPOSED BY THE COMMITTEE AND
THE AUTHORS WILLINGNESS TO TAKE
THOSE THOSE DO ALLEVIATE THE
CONCERN REGARDING PERSONAL
LIABILITY FOR SOME OF THE
INDIVIDUALS WE DO STILL HAVE
CONCERNS WITH THE BILL AND WE
HAVEN'T HAD MUCH TIME WITH THE
AMENDMENTS OF COURSE WILL
CONTINUE TO LOOK.
AT THOSE AND ANALYZE THOSE BUT
OVERALL ARE CONCERNED WITH THIS
IS NOT NECESSARILY THE
ENFORCEMENT BY THE LABOR
COMMISSIONER THEMSELVES.
BUT OF COURSE THE PRIVATE
ATTORNEYS GENERAL ACT AND HOW
THIS WOULD IMPACT THE PRIVATE
ATTORNEYS GENERAL ACT BECAUSE
THIS PROVISION -- ELEVEN NINETY
SEVEN POINT ONE DOES ALLOW FOR
NOT ONLY THE PENALTIES BUT ALSO
LIQUIDATED DAMAGES ON TOP OF
THAT SO ESSENTIALLY DOUBLE
DAMAGES -- AND OUR CONCERN IS IS
THAT IF YOU'RE ALLOWING THIS FOR
ANY SORT OF UNDERPAYMENT OF A
CONTRACT WAGE.
THAT'S NOT THE SAME AS MINIMUM
WAGE WHICH IS OBJECTIVELY
VERIFIABLE TO EACH EMPLOYEE
COULD POTENTIALLY HAVE A
DIFFERENT CONTRACT RATE OF PAY.
THESE COULD BE FOR UNINTENTIONAL
MINOR VIOLATIONS ONE SENT OFF --
WHICH AGAIN IS AND IT'S EASY TO
CONFIRM AS MINIMUM WAGE SO
OVERALL OUR CONCERNS IT AGAIN OR
JUST THE POTENTIAL LIABILITY
EXPOSED WITH THIS BILL THANK YOU
SO MUCH THANK YOU AND WE WOULD
WANT PEOPLE TO BE ABLE TO
ENFORCE THEIR RIGHTS HERE.
ALL RIGHT -- SO OF ANY OTHER.
WITNESSES IN OPPOSITION.
VIEW IN OPPOSITION.
OKAY MAURICE RISEN CALIFORNIA
HOUSE WOULD ASSOCIATION IN
OPPOSITION.
THANK YOU.
ALL RIGHT ANY OTHER COMMENTS
FROM THE DíAS.
THE MOTION BY SENATOR WHITE
HOUSE SKI -- NO WAGE SEPTA
SOMETHING WE SHOULD ALL BE
CONCERNED OF THIS IS STEALING
FROM PEOPLE USUALLY PEOPLE OF
WORK VERY HARD FOR VERY.
LIMITED WAGE SO I WANT TO THANK
YOU FOR BRINGING THE BILL I'M
SURE THAT YOU'LL.
EXCUSE ME LET ME FINISH PLEASE.
I'M SURE THAT YOU WILL CONTINUE
TO WORK WITH THE OPPOSITION TO
ADDRESS ANY REASONABLE CONCERNS
THAT.
A EXIST HERE -- BUT WE HAVE TO
ROOT OUT THIS WAGE STAFFED IT
REALLY FOR PEOPLE PARTICULARLY
THAT.
THE 99% WILL REALLY STRUGGLING
THIS IS JUST OUTRAGEOUS SO
APPRECIATE YOUR YOUR EFFORT HERE --
IN CENTER BORCHETTA COMMON.
IF SOMEONE WANTED TO CHALLENGE --
THE DECISION -- WITH A DO SO IN
COURT OR IS THERE AN
ADMINISTRATIVE APPEAL.
I'M GONNA DEFER TO OUR LABOR
COMMISSIONER EXPERT IF THERE'S
AN APPEAL TO THE LABOR
COMMISSIONER ACCESS CENTER THAT
WOULD NOT CHANGE THAT CURRENTLY
IS ALREADY THE SITUATION.
WITH CITATIONS THAT ARE ISSUED
BY THE LABOR COMMISSIONER
PURSUANT TO ELEVEN NINETY SEVEN
POINT.
ONE ON THE EMPLOYER IN THE FIRST
INSTANCE HAS THE ABILITY TO
REQUESTING GET. EIGHTY ARE
HEARING WHERE THE MISSION OR HAS
TO PROVE UP THE CASE.
AFTER A HE OR A DECISION IS
RENDERED BY THE HEARING OFFICER
IF THE EMPLOYERS STILL IN
DISAGREEMENT THEY HAVE THE
ABILITY TO FILE A WRITTEN
SUPERIOR COURT.
IN GET REVIEW OF THAT DECISION
ON UNDER THE LAW THEY ARE
REQUIRED TO POST A BOND FOR THE
AMOUNT OF THE WAGES THAT HAVE
BEEN FOUND TO BUT NOT THE
PENALTIES.
SO IN ORDER TO PUT TO SEEK
REDRESS -- IN SUPERIOR COURT
THEY WOULD NEED TO SUBMIT A BOND.
THAT CURRENTLY IS THE WALL HAD
IS THAT YES IN SO.
THIS WOULD THE BILL AS I
UNDERSTAND IT WOULD STILL.
LAW WOULD REQUIRE THAT A BOT
THAT THE BOND INCLUDE THE AMOUNT
FOR ANY CONTRACT WHICH IS OVER
AND ABOVE THE MINIMUM WAGE.
ON THAT WAS FOUND TO SO IT COULD
INCREMENTALLY INCREASE THE
AMOUNT OF THE BOND.
ON FROM THE LABOR COMMISSIONER'S
PERSPECTIVE IN ENFORCEMENT OF
THE MINIMUM WAGE LAWS.
OF FREQUENTLY THERE ARE TIMES
WHERE WE HAVE SITUATIONS WHERE
THERE'S MINIMUM WAGE MINIMUM
WITH THIS THE DIFFERENTIAL.
ABOVE MINIMUM WAGE RIGHT IN SO
THE WHAT WHAT WE EXPERIENCE IS
THAT THERE ARE SITUATIONS WHERE
WE ARE.
ABLE TO GET THE MINIMUM WAGE BUT
THERE ARE OTHER CONTRACT WAGES
WHICH ARE TWO FOR EXAMPLE FOR
WORKER WAS MAKING SIXTEEN
DOLLARS AN HOUR IN RECEIVED NO
PAY FOR THAT FOR THOSE WAGES.
THE DIFFERENCE BETWEEN TWELVE
DOLLARS AN HOUR AND FOUR DOLLARS
AN HOUR THE ONLY WAY THAT THE
LABOR COMMISSIONER COULD ENFORCE
THOSE RIGHTS FOR THE EMPLOYEES
WOULD BE FILING A SEPARATE
ACTION.
IN SUPERIOR COURT TO COLLECT
THAT MONEY ON BEHALF OF THE
EMPLOYEES SO IN ESSENCE.
BY ALLOWING FOR THE CONTRACT
WHICH IS TO BE COLLECTED WE
WOULD BE ABLE TO DO IN.
ONE RECEDING RATHER THAN.
TO IF I COULD JUST ADD TO THAT
THROUGH THE CHAIR.
I WOULD ACTUALLY THINK THIS
MIGHT BE.
A PREFERRED PATH FOR EMPLOYERS
AS WELL BECAUSE IT CONSOLIDATES
THE CASE IT DOESN'T REMOVE THEIR
DUE PROCESS RIGHT TO APPEAL TO
SUPERIOR COURT IF THEY FEEL THEY
HAVEN'T.
GOTTEN A FAIR SHAKE IN FRONT OF
THE LABOR COMMISSIONER.
BUT IT.
THE DISPUTE IS AROUND THE
PAYMENT OF THE SAME SET OF WAGES
CURRENT LAW SAYS TO GO AFTER
THAT DIFFERENTIAL.
YOU GOTTA GO TO SUPERIOR COURT.
I AGREE YEAH THANKS.
THANK YOU.
ALL RIGHT OF SEEING NO FURTHER
QUESTIONS.
OF CENTER MONNING WOULD YOU LIKE
TO CLOSE YES THANK YOU JUST
RESPECTFULLY ASK FOR AN AYE VOTE
I WAS GOING TO INCLUDE IN MY
CLOTHES WITH I JUST.
DESCRIBED ABOUT THE VALUE OF
CONSOLIDATING THE SO WITH THAT
RESPECTFULLY ASK FOR AN AYE VOTE
THANK USER MOTION.
MOVE BY CENTER Y. KOWSKI DO PASS
AS AMENDED SENATE APPROPRIATIONS
PLEASE CALL THE ROLL JACKSON.
JACKSON I BORDERS.
OR JUST AYE ALLEN.
ALLEN AYE AYE CABALLERO
CABALLERO I'D JONES.
JONES NO MONNING.
MONEY AYE STERN.
STERN I AM BURKE.
NUMBER TO IOWA CASKEY.
WHAT HEALTHY I'D?
THE BILL HAS A EIGHT TO ONE THE
BILL IS OUT [inaudible]
OF NEXT STOP IS SENATORS STERN.
OF FILE ITEM ONE SB.
ONE A PRESENTING ON BEHALF OF
PRO TIM.
TONI ATKINS.
I'M HERE HERE AND READY TO SERVE.
YOUR PUBLIC SERVANTS
[inaudible]
WHILE ITEM. ONE YES.
SAVING THE BEST FOR SECOND THE
LAST VERY GOOD -- THANK YOU
MADAM CHAIR MEMBERS I KNOW IT'S
LATE.
SO I WON'T -- MAKE THIS TO
EXTENDED BUT IN ESSENCE.
SAYS SENATE BILL ONE PROVIDES
THIS STATE SOME INSURANCE POLICY.
THAT.
ARE ENVIRONMENTAL AND WORKER
HEALTH AND SAFETY LAWS.
THAT DEPEND ON FEDERAL
REGULATORY REGIMES TO GIVE THEM
[inaudible]
ENFORCEABILITY -- IF THOSE
FEDERAL REGULATIONS ARE ROLLED
BACK AS WE'VE SEEN DOZENS AND
DOZENS OF FEDERAL REGULATIONS
ALREADY -- YOU WOULDN'T UNDER
CUT CALIFORNIA'S ABILITY
CONTINUE TO ENFORCE ITS LAWS AND
UP HOLD ITS COMMITMENT TO PUBLIC.
HEALTH AND SAFETY.
WE'VE SEEN.
AYE AYE BUT IS IT THREE YEARS IN
TWO MONTHS SO WE'RE WE'RE NOT --
WE'RE NOT THROUGH THIS IS PRETTY
TIME BUT THE UNCERTAINTY IS
CREATING.
IN THE MARKET PLACE -- FOR
ENVIRONMENT FOR WORKERS IS
SIGNIFICANT SO MY HOPE IS THAT
WE CAN EVENTUALLY ACHIEVE SOME
CONSENSUS HERE WITH THE BUSINESS
COMMUNITY YOU STILL HAVE SOME
CONCERNS ABOUT THE MEASURE BUT
ACTUALLY FIND A WORK PRODUCT
HERE THAT WILL.
AT THE VERY LEAST.
JUST PRESERVE.
THE BASELINE STANDARDS AS WE HAD
THEM AT THE END OF THE LAST
FEDERAL ADMINISTRATION -- AND
HOPEFULLY WE CAN FIND A LITTLE
MORE STABLE FUTURE FORWARD SO.
WE'VE GOT SOME GREAT SUPPORT
HERE -- OF THE FOR TO THEM ON
THE DETAILS OF FOR THE MOMENT
BUT IF YOU HAVE QUESTIONS I
RESPECTFULLY ASK FOR HALF OF
THANK YOU WITNESSES IN SUPPORT
TWO MINUTES EACH IF YOU WOULD.
GOOD EVENING AT LESS THAN TWO
MINUTES GOOD EVENING CAM DELFINO
WITH DEFENDERS OF WILDLIFE -- AS
ALREADY HAS BEEN DESCRIBED -- IN
THE LAST THREE YEARS WE'VE HAD A
BETTER ROLE ON SLIDE OF
ROLLBACKS IN ENVIRONMENTAL AND
WORKER SAFETY PROTECTIONS -- A
LARGE NUMBER OF EXECUTIVE ORDERS
IN WHICH ROLL BACKS OCCURRED
WITHOUT ANY PUBLIC COMMENT AND
NOTICE.
SB ONE IS REALLY JUST A SIMPLE
FIX TO THE PROBLEM IT PUTS IN
PLACE A REQUIREMENT IN A PROCESS
FOR THE STATE AGENCIES TO ASSESS
IF THESE CHANGES REDUCE
PROTECTIONS.
AND THEN DETERMINE THE BEST WAY
TO RESTORE THOSE LAWS
PROTECTIONS WITHIN THE EXISTING
REGULATORY AUTHORITY OF THAT
STATE AGENCY.
SO THIS JUST MEANS THAT IF CLEAN
AIR RULES OR WEEKEND THE A. R.
B. WILL TAKE A LOOK AT THAT AND
THEN DETERMINE IF AND HOW THEY
SHOULD RESTORE THOSE WEAKENED
PROTECTIONS.
IF CLEAN WATER RULES ARE WEEKEND
THE STATE WATER BOARD WOULD DO
THE SAME THING AND IF ENDANGERED
SPECIES PROTECTIONS ARE WEEKEND
WOULD BE THE FISHING GAME
COMMISSION OR THE DEPARTMENT OF
FISH AND WILDLIFE.
AND SO -- FOR THESE REASONS
BECAUSE WE DO BELIEVE THIS IS AN
IMPORTANT BACKSTOP FOR
PROTECTIONS FOR CALIFORNIA WHICH
IS A LEADER IN PROTECTING OUR
AIR WATER AND WORKER SAFETY --
WE BELIEVE THAT THIS IS A BILL
THAT SHOULD MOVE FORWARD AN
ARCHER IE OF AYE VOTE THANK YOU
VERY MUCH NEXT WITNESS.
A MANAGER MEMBERS AS ARE THE
OTHER ME HOW THE STATE BUILDING
AND CONSTRUCTION TRADES COUNCIL
IN THE THANK OUR PRO TEMPORE
CARRYING THIS VERY IMPORTANT
PIECE OF LEGISLATION -- MANY OF
OUR LABOR SAFETY HEALTH AND
SAFETY WITH LAWS AND REGULATIONS
ARE BASED ON FEDERAL STANDARDS --
WE CAN THINK OF ONE WHICH SILICA
VERY SIMILAR TO ME SEVERELY ELMA.
AND IF THERE'S A ROLL BACK ON
THAT WE'RE GONNA SEE A LOT MORE
A CASE IS ESPECIALLY AFFECTING
CONSTRUCTION WORKERS WHO SUFFER
VERY SLOW AND PAINFUL DEATH.
SO FOR THOSE IN MANY OTHER
REASONS WE RESPECTFULLY URGE
YOUR SUPPORT.
THANK YOU OTHER WITNESSES IN
SUPPORT OF HUGE STEP FORWARD
NAME AND AFFILIATION PLEASE
MELISSA ROMERO CALIFORNIA LEAGUE
OF CONSERVATION VOTERS IN STRONG
SUPPORT.
THANK YOU. ONE SEARCH ISRAEL
GONZALEZ FLETCHER WITH THE
NATURE CONSERVANCY IN SUPPORT
AND WE'VE ALSO BEEN ASKED TO
EXPRESS THE SUPPORT OF THE
ENVIRONMENTAL DEFENSE FUND THANK
YOU.
THANK YOU.
WHAT DO WE HAVE SOMEONE AT THE
TABLE WHO ALSO WANTED TO I'M
SORRY I THOUGHT YOU WERE HERE IS
THANK YOU MAY HAVE CHARGING
STATE POLL ON BEHALF OF ENERGY
SEE?
JUST BRIEFLY I'D LIKE TO TOUCH
ON TO PIECES OF SB -- ONE FIRST
THE STATE THE THE BILL IS
DESIGNED TO ALLOW THE STATE TO
ACT QUICKLY TO PUT BACK IN PLACE
STATE STANDARDS.
THE FEDERAL STANDARDS HAVE BEEN
ROLLED BACK -- BUT THIS BUT THE
BILL DOES ALLOW FOR NOTICE AND
COMMENT ON STATE PROPOSALS. TO
COUNTER THOSE FEDERAL ROLLBACKS --
SO FOR EXAMPLE IF THE STATE AIR
BOARD DETERMINES THAT A FEDERAL
ROLLBACK TRIGGER STATE ACTION TO
MAINTAIN THE STATUS QUO I MUST
PROVIDE NOTICE OF THAT ACTION.
ON ITS WEBSITE AND ALLOW FOR A
LEAST THIRTY DAYS OF PUBLIC
COMMENT BEFORE ADOPTING THE
MEASURE.
ONLY AFTER THAT NOTICE AND
COMMENT PERIODS COULD BE AGENCY
ADOPT A PROPOSAL AS AN EMERGENCY
MEASURE.
IN ORDER TO ENSURE THAT THERE
ISN'T ANY GAP IN THE OR TO
MINIMIZE ANY GAP BETWEEN THE
STATE PUTTING IN PLACE SOME
STANDARD TO PROTECT AGAINST THE
FEDERAL BACK.
AN HONEST CITIZEN TO PROVISION I
JUST WANT TO POINT OUT THAT THAT.
PROVISION ALSO JUST MAINTAINS
THE STATUS QUO BY RETAINING
EXISTING SERVICE AND ENFORCEMENT
RIGHTS UNDER STATE LAW.
IF AND ONLY IF THOSE -- RIGHTS
ARE REVOKED OR WEAKENED UNDER
FEDERAL LAW.
LEAVE IT THERE THANK YOU VERY
MUCH MY APOLOGIES AND INTO THEIR
TRIUMVIRS NIKITA CRIED WITH
ENERGY SEATED REGISTERING
SUPPORT FOR AUTUMN ON CALIFORNIA
AS SCHOOL AND LET YOU KNOW OUR
DOORS THANK YOU THANK YOU.
BRENT AND ALSO ZERO CALIFORNIANS
SUPPORT.
THANK YOU.
I LANDED ON ON BEHALF OF NEXT
AND CALIFORNIANS SUPPORT IF YOU.
A GOOD EVENING CAITLYN KOLOA
WITH THE CALIFORNIA COAST KEEPER
ALLIANCE IN STRONG SUPPORT THANK
YOU.
NATALIE KNOCKED ON BEHALF OF CAL
STAR MAY PENINSULA REGIONAL OPEN
SPACE DISTRICT IN OCEAN
CONSERVANCY IN SUPPORT.
THANK YOU.
MORNING CAME WITH CALIFORNIA
ASSOCIATION OF LOCAL
CONSERVATION COURSE IN THE
BREAST CANCER PREVENTION
PARTNERS IN SUPPORT THANK YOU.
TINA GALLIER FOR FOSSEL FREE
CALIFORNIA AND EIGHT AT THREE
FIFTY CHAPTERS AT BAY AREA
SILICON VALLEY SAN DIEGO
SOUTHERN CALIFORNIA SOUTH BAY
AREA -- KANETO SAN FERNANDO
VALLEY AT THREE FIFTY TO GO AND
THREE FIFTY SACRAMENTO IN STRONG
SUPPORT.
THANK YOU.
KIM JET WITH ANIMAL DEFENDERS
INTERNATIONAL IN SUPPORT.
THANK YOU VERY MUCH WITNESSES IN
OPPOSITION [inaudible]
GOOD EVENING.
GOOD EVENING MADAM CHAIR MEMBERS
OF COMMITTEE ADAM WRIGLEY ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE WE WERE WE REMAIN
OPPOSED TO THIS BILL NOT BECAUSE
OF THE BILL STATED INTENT OF
PRESERVING CALIFORNIA'S EXISTING
LABOR AND ENVIRONMENTAL LEGAL
REGIME.
BUT HOW THE BILL IN SOME AREAS
PROPOSES TO ACHIEVE THAT GOAL.
IN THAT REGARD I DO WANT TO
THANK THE AUTHORS FOR THEIR
WILLINGNESS TO ENGAGE WITH US
WE'VE BEEN WORKING -- OVER TO
DIFFERENT -- SESSIONS TO WORK
THROUGH SOME OF THESE ISSUES
THAT I'LL SPEAK TO TODAY -- I
FOCUS MY TESTIMONY THIS EVENING
ON TWO ISSUES THAT WERE RAISED.
FIRST WE DISAGREE WITH THE
COMMITTEES ANALYSIS THAT THE
THIRTY DAY PUBLIC COMMENT PERIOD
IN SB ONE IS BROADER AND MORE
SUFFICIENT. TO SUBSTITUTE FOR
THE APA'S DUE PROCESS AND NOTICE
AND COMMENT.
THE NOTICE AND COMMENT PROVIDE
UNDER SB ONE AS THE POINT OF
NOTED IS LIMITED ONLY TO THE
PRODUCTION OF THE QUARTERLY LIST
OF THE IDENTIFIED FEDERAL ROLL
BACKS.
BUT THE BILL TAKES AN
EXTRAORDINARY STEP OF
ELIMINATING ALL NOTICE AND
COMMENT.
N. O. L. REVIEW FOR THE ACTUAL
PROMULGATION OF THE SUBSTANTIVE
RULES WHICH ARE REALLY TH MEAT
AND BONES OF ANY OF THE RULES
THAT WILL BE PROPAGATED.
IT THEN GOES EVEN FURTHER BY
ALLOWING THE AGENCY TO DO SO
UNDER EMERGENCY RULE MAKING
AUTHORITY OR UNDER CHANGES
WITHOUT REGULATORY A FACT WHICH
ARE PROVISIONS HISTORICALLY
LIMITED TO NON SUBSTANTIVE
CHANGES INCLUDING GRAMMATICAL
ERRORS.
AND FIXES -- THEN IT FREEZES
THOSE REGULATIONS UNTIL TWENTY
TWENTY FIVE EXISTING LAW IT'S A
HUNDRED EIGHTY DAYS WITH TO
NINETY DAY EXTENSIONS.
WE HAVE PROPOSED REINSTATING THE
APA PROCESS AS ONE OF OUR
AMENDMENTS -- WE HOPE TO WORK
WITH THE AUTHOR ON THAT ISSUE
SECOND IN A CLOSE WITH THIS THE
ADDITION OF PRIVATE RIGHTS OF
ACTION ARE CONTRARY TO THE BILL
STATED INTENT.
OF PRESERVING THE STATUS QUO IT
CREATES A DUPLICATE OF PROCESS --
THAT IS A NECESSARY TO PRESERVE
CITIZENS RIGHT TO SUE BECAUSE AS
THE COMMITTEE ANALYSIS NOTES
EXISTING FEDERAL SERVICE IN
PURSUIT PROVISIONS ALREADY
PROVIDED CITIZENS WITH THE
ABILITY TO ENFORCE STATE
STANDARDS THAT ARE HIGHER THAN
FEDERAL STANDARDS.
INCLUDING THOSE ADOPTED UNDER SB.
ONE EXISTING CITIZEN PURSUIT
PROVISIONS ARE CONSISTENTLY USED
BY NGOS.
IT IS IN THAN OTHERS TO ENFORCE
CALIFORNIA STANDARDS EVEN WHEN
THEY ARE HIGHER THAN THE FEDERAL
COUNTERPART.
CREATING A NEW PRIVATE RIGHT OF
ACTION WOULD CREATE A DUAL TRACK
SYSTEM WHERE FEDERAL COURTS IN
CALIFORNIA AND STATE COURTS IN
CALIFORNIA COULD END UP
INTERPRETING THE EXACT SAME
STANDARD IN TWO DIFFERENT WAYS.
IT IS IMPORTANT TO NOTE MY LAST
POINT REAL QUICK.
THAT WE HAVE LEFT INTO THE BILL
THAT IF THE FEDERAL.
GOVERNMENT ROLLS BACK ANY OF THE
CITIZENS WHO PROVISIONS THAT SB
ONE SHOULD BE ABLE THE FULL
THOSE BACK IN THANK YOU THANK
YOU.
NEXT WITNESS PLEASE TOO MANY
NOEL KRAMER'S OF THE CALIFORNIA
FARM BUREAU FEDERATION I WANT TO
EXPRESS OUR APPRECIATION FOR THE
ONGOING DISCUSSIONS WE'VE BEEN
HAVING WITH -- THE AUTHOR STAFF.
WE HAVE OFFERED AMENDMENTS THAT
IF TAKEN IN FULL WOULD ALLOW US
TO REMOVE OUR OPPOSITION.
I'M UNFORTUNATELY WE HAVE NOT
COME TO AN AGREEMENT ON THOSE
YET SO I WANT TO POINT OUT SOME
OF OUR SIGNIFICANT CONCERNS WITH
THE THE BILL AND PRINT --
PRIMARILY THE ENDANGERED SPECIES
ACT PROVISION IS VERY
PROBLEMATIC IT GOES -- IN OUR
MIND ABOVE AND BEYOND JUST
LOCKING IN PLACE -- HISTORIC
PROTECTIONS AND GETS DOWN INTO
VERY SPECIFIC PERMIT THE
IMPLEMENTATION OF ENDANGERED
SPECIES ACT THROUGH THE ISSUANCE
OF PERMITS.
IT ALSO HAS SIGNIFICANT IMPACT
ON THE MANAGEMENT OF OUR WATER
SYSTEM IN CALIFORNIA AND WE'RE
CONCERNED ABOUT THE IMPLICATIONS
OF THAT WOULD HAVE.
I SINCE THIS IS THE JUDICIARY
COMMITTEE THOUGH I DID WANT TO
TALK ABOUT -- SOME LEGAL
LIABILITIES THAT SECTION ONE OF
THE BILL CREATES WHICH WAS --
RECENTLY ADDED TO THE TO THE
BILL.
I THINK THE ANALYSIS MENTIONS
I'M AN EXAMPLE OF IF INDIA WERE
TO PASS A LAW BANNING THE SALE
OF COW IS IN THE FUTURE THAT
THAT COULD PREVENT THE SALE OF
HOUSING CAL IN CALIFORNIA.
I DON'T THINK THAT'S A GREAT
EXAMPLE BECAUSE COWS AREN'T
WILDLIFE BUT I'LL GIVE A HANDFUL
OF ALMOST LIMITLESS EXAMPLES
ABOUT THE IMPACT THAT.
THIS LANGUAGE PROVE THAT SAYS TO
TRANSPORT CELL RECEIVE ACQUIRE
PURCHASE ANY FISH WILDLIFE OR
PLANT TAKEN POSSESS TRANSPORTERS
SOLD IN VIOLATION OF ANY LAW OR
REGULATION OF ANY OTHER STATE.
OR IN VIOLATION OF ANY FOREIGN
LAW SO IT WOULD BE THAT WOULD BE
PROHIBITED.
SO FOR EXAMPLE LOUISIANA HAS A
LAW THAT SAYS YOU CANNOT CUT
TREES ON LAND WHETHER IT'S
PUBLIC OR PRIVATE WITHIN FIVE
FEET OF SEA LEVEL.
SO THAT WOULD MEAN THAT
LANDOWNERS IN THE DELTA WOULD BE
PROHIBITED FROM CUTTING TREES
AND REMOVING THEM FROM THEIR
PROPERTY IN CALIFORNIA WHERE SB
ONE TO PASS.
UP WE USE LATE SEASON GOOSE
HUNTING IN CALIFORNIA TO PREVENT.
CROP DAMAGE.
THAT WOULD BE PROHIBITED BECAUSE
NEW HAMPSHIRE HAS A PROHIBITION
OF HUNTING AFTER JANUARY SIX
MEAN THE LIST GOES ON AND ON
THANK YOU TO WERE VERY CONCERNED
WITH THE IMPLICATIONS MUCH
APPRECIATED THANK YOU VERY MUCH
OTHER WITNESSES IN OPPOSITION IF
YOU'D COME FOR WITH NAME AND
AFFILIATION.
MADAM CHAIR IN THREE MILLION --
HALF THE ALLMAN ALLIANCE
CALIFORNIA TO CALIFORNIA GREEN
FEW DISSOCIATION ALSO THE FAMILY
BUSINESS ASSOCIATION A
CALIFORNIA IN OPPOSITION THANK
YOU THANK YOU.
MADAM CHAIR MEMBERS BATH A LOSS
SO ON BEHALF OF THE AGRICULTURAL
ENERGY CONSUMERS ASSOCIATION THE
CALIFORNIA CONGENERS AND GROWERS
ASSOCIATION THE WESTERN ACT
PROCESSORS ASSOCIATION
CALIFORNIA CITRUS MUTUAL.
AND THE CALIFORNIA FRESH FRUIT
ASSOCIATION AND VARIOUS OTHER AG
ASSOCIATIONS IN OPPOSITION THANK
YOU THANK YOU VERY MUCH BECAUSE
I DIDN'T HAVE TO MEMORIZE ACT
[inaudible]
ALL RIGHT.
LET'S BRING IT BACK TO THE DíAS --
IS SENATOR STERN AND OTHERS IF
YOU'D LIKE TO RESPOND I'D LIKE
TO HEAR YOUR RESPONSE TO SOME OF
THOSE CONCERNS -- THE PUBLIC
COMMENT PERIOD PERHAPS AND THEN
THERE WAS THE QUESTION OF THE
ENDANGERED SPECIES ACT.
AND I THINK THE LEGAL
LIABILITIES ISSUE AND SECTION
ONE WHICH APPARENTLY IS SOMEONE
NEW -- IF YOU COULD -- THEY'RE
NOT YOUR EXPERTS CAN ALSO YEAH
I'LL TELL I'LL TAKE INITIAL
CRACK AT AND THEN PASS IT OVER
BUT I I'D I THINK THE THE
CONCERN ABOUT COMMENT PERIOD.
IS SOMETHING THAT WE TRY TO PUT
IN THE BILL TO RESPOND TO THE
LAST ADMINISTRATION'S CONCERNS
ABOUT THE TIMING OF ACTUALLY
INPUT IMPLEMENTING THIS STUFF
AND SO O GIVE SOME LEAD TIME TO
INDUSTRY AND OTHERS HAVE TO
COMPLY WE WE THOUGHT THE THE
QUARTERLY.
REPORT WITH THAT THAT PERIOD OF
SORT OF DISCLOSURE AND
TRANSPARENCY IN ABILITY REVIEW
ACTION BE USEFUL -- AND THE
UNDERLYING PREMISE THE BILL
THOUGH IS THAT.
ALL THE REGULATIONS THAT WE'RE
TALKING ABOUT HERE I'VE ALREADY
GONE THROUGH AN ENTIRE APA
NOTICE AND COMMENT PROCESS SO --
THESE HAVE BEEN VETTED ALREADY
IT'S IT'S THE ROLL BACK THAT
WE'RE CONCERNED ABOUT ON THE
ENDANGERED SPECIES ISSUE I THINK
THERE ARE THERE ARE THINGS WE
CAN.
LOOK AT THEIR AYE AYE HI I DON'T
KNOW EXACTLY WHAT THAT THE PATH
IS BUT I'LL I'LL LET MY ADVISER
HERE COMMENT MORE THERE AND THEN
TO THE TO THIS ADDITION THIS
SECTION ONE THAT WAS REFERRED TO
JUST NOW ABOUT THE
TRANSPORTATION SALE.
OF FISH WILDLIFE PLANTS I THINK
WHAT WAS UNDERLYING THAT WAS A
CONCERN ABOUT -- ILLEGAL SALES
OF ENDANGERED TROPHY HUNTED
SPECIES THAT HAVE BEEN BIG ISSUE
INTERNATIONALLY AFTER THE
ADMINISTRATION DECIDED -- TO NO
LONGER UPHOLD THE BAN ON
IMPORTED -- AFRICAN DANGER
SPECIES AND SO -- I THINK WE'RE
OPEN TO TO LOOKING THROUGH THE
MECHANICS THERE AND IF IT IS
OVERLY BROAD OR THERE SHOULD OF
UNINTENDED CONSEQUENCE I THINK
THAT'S A GOOD AREA TO SPEND SOME
TIME ON BUT I DON'T SPEAK TOO
FAR TO TURN OUT OF TURN OVER --
TO THE YEAH MISTER FINO OKAY.
WITH RESPECT TO THE ENDANGERED
SPECIES PROVISIONS THAT THE
ISSUES THAT WERE RAISED BY -- IS
CREAMERS -- THE ACTUALLY THE THE
COMMITTEE ANALYSIS POINTS OUT
RIGHTLY SO THAT -- HOW YOU
DEFINE BASS?
AND HOW YOU DEFINE STRINGENCY IS
LEFT UP TO THE END UP TO THE
AGENCY AND THAT DOESN'T MEAN
THAT PROVISIONS ARE FROZEN IN
TIME OR SCIENCE IS FROZEN IN
TIME.
SO -- I THINK THAT THAT ANSWERS
THAT QUESTION WITH RESPECT TO
THE INTERNATIONAL TRADE ISSUE.
THE LANGUAGE THAT WAS PUT INTO
SECTION ONE IS ACTUALLY TAKEN
AND PRETTY MUCH DIRECTLY OUT OF
THE LACEY ACT WHICH IS A FEDERAL
ACTIVE PROHIBITS ON THE
IMPORTATION.
OF ANIMAL ANIMALS OR ANIMAL
PARTS IN VIOLATION OF
INTERNATIONAL LAW -- OR LAWS OF
OTHER COUNTRIES -- AND SO BUT
WITH THE POINT THAT THE THAT NO
WELL NOW THAT MISS CREAMERS MADE
I THINK IS A DECENT ONE IN THE
SENSE OF WE CAN CERTAINLY ADD
LANGUAGE THAT MAKES IT CLEAR.
THAT IT'S THE SOURCING ISSUE SO
THAT YOU CANNOT ACQUIRE -- AN
ITEM IN IMPORTED INTO CALIFORNIA
IN A IT BE IN VIOLATION OF THE
PLACE IN WHICH YOU'VE SOURCED
THE ITEMS SO IT THIS DOESN'T
APPLY.
TO CUTTING TREES IN THE DELTA --
OR KILLING CAL IS BECAUSE IS
PROHIBITED IN INDIA IT WOULD BE
MORE LIKE IF ON THE CALYX
EXAMPLE IF IT'S PROHIBITED IN
INDIA TO KILL A COW YOU CAN'T
KILL THE COUNTY INDIA AND THEN
BRING IT.
INTO CALIFORNIA'S WE CAN
CERTAINLY CLARIFY THAT POINT.
THE LOVELY VISUAL.
ALL RIGHT -- ARE THERE ANY OTHER
QUESTIONS OR COMMENTS SENATOR
ALAN.
I YOU KNOW I I ASKED MY FRIEND
HERE.
TO TELL ME WHAT PORTION THE BILL
THAT HE WAS TALKING ABOUT AND I
I READ THE SECTION I I REALLY
THINK THAT'S AND OVER READING I
MEAN YOU KNOW I I I GUESS IT'S A
GOOD IDEA TO GET TO THE LANGUAGE
CLARIFIED BUT I'M IT SEEMS
PRETTY CLEAR HERE.
THAT -- YOU KNOW THAT -- THIS
MEANS THAT YOU CAN'T.
YOU KNOW YOU CAN'T SELL RECEIVE
A CHOIR PURCHASE.
ITEMS THAT WERE ILLEGALLY
OBTAINED IN OTHER STATES IN
VIOLATION OF THE STATE'S LAWS.
AS OPPOSED TO IT IS ABLANKET WE
APPLY EVERY OTHER JURISDICTION'S
LAW TO CALIFORNIA.
YEAH AT I DON'T KNOW THE PLANE
READING OF FROM MY PERSPECTIVE
IS A THAT'S A TOTAL OVER READ
BUT THAT BEING SAID -- IF IT'S
AN ISSUE MAKING REYES I'M SURE
YOU CAN MAKE IT MORE PLAYING.
THANK YOU ANY OTHER QUESTIONS OR
COMMENTS THING IN HEARING ON
SENATOR STERN WOULD YOU LIKE TO
CLOSE.
BACK FOR YES.
FOR GOOD MOTION BY SENATOR Y.
CASKEY THE MOTION IS DO PASS. TO
SENATE APPROPRIATIONS PLEASE
CALL THE ROLL JACKSON HI EX AND
I WERE JUST.
ORDERS NO ALAN.
ALLEN AYE AYE CABALLERO
[inaudible]
A JONES.
JONES NO MONNING.
MONEY AYE STERN.
STERN I AM BURKE.
NUMBER I WHITE HOUSE SKI.
I KELSEY I HURRIED THE VOTE IS.
SIXTY TWO THAT BILL IS OUT.
AND THE FINAL BILL TONIGHT I
WILL BE PRESENTING.
HANDING THE GAVEL TO THE VICE
CHAIR.
AND IF WE GO ON TO WILL TOO LONG
I THINK THEY START TALKING OUR
PACE SO WITH THAT GENTLE
STATEMENT.
NO NO THAT'S THAT'S IN THE
PRIVATE SECTOR.
OKAY -- LET'S [inaudible]
WHAT?
HI -- I JUST WANTED TO MAKE SURE
THE WHOLE
[inaudible]
OKAY.
OKAY -- GOOD EVENING.
GOOD EVENING MISTER CHAIR AND
MEMBERS [inaudible]
TITLE.
NINE THE FEDERAL SEX EQUITY IN
EDUCATION LAW.
ALONG WITH CORRESPONDING
EXISTING STATE LAW HAS BEEN
VITAL. TO ENSURING THAT ALL
STUDENTS WOMEN AND MEN GIRLS AND
BOYS AT EVERY GRADE LEVEL.
HAVE EQUAL OPPORTUNITY FOR
SUCCESS IN ACADEMICS AND
ATHLETICS.
AND CAN PURSUE AN EDUCATION IN
AN ENVIRONMENT SAFE FROM SEXUAL
HARASSMENT AND VIOLENCE.
SADLY AND FRANKLY SOMEONE
SHOCKINGLY SEXUAL ASSAULT AND
VIOLENCE IN HIGHER EDUCATION IS
PERVASIVE.
ACCORDING TO THE TWENTY SIXTEEN
CAMPUS CLIMATE SURVEY VALIDATION
STUDY OF TWENTY FIVE THOUSAND
COLLEGES AND UNIVERSITY STUDENTS
OR I SHOULD SAY AT TWENTY FIVE
THOUSAND COLLEGE AND UNIVERSITY
STUDENTS.
AN ESTIMATED 62% OF WOMEN AND
61% OF MEN EXPERIENCE SOME FORM
OF SEXUAL HARASSMENT. OE IN
FIVE WOMEN.
AND ONE IN FOURTEEN MEN
EXPERIENCE SEXUAL ASSAULT.
IN COLLEGE ONE IN FIVE WOMEN.
HOWEVER DUE TO THE UNDER
REPORTING OF SEXUAL HARASSMENT
AND VIOLENCE THE RATES ARE
LIKELY MUCH HIGHER.
CALIFORNIA HAS LOOKED TO AND
RELIED ON TITLE NINE FOR DECADES.
ALONG WITH REQUIREMENTS IN STATE
LAW BUT WE ARE COMPLETE THE
INCREASINGLY CONCERNED BY THE
DISMANTLING OF TITLE NINE TO
PROTECTIONS.
BY A FEDERAL ADMINISTRATION THAT
IS EXPRESSED OPEN HOSTILITY TO
THE SAFEGUARDS TITLE NINE
PROVIDES.
INTO ADDRESSING GENDER BASED
VIOLENCE IN GENERAL.
IT HAS IN FACT ALREADY PROPOSED
FEDERAL REGULATIONS SAID GOT
TITLE NINE'S CRITICAL
PROTECTIONS.
SB FOUR NINETY THREE CODIFIES
ADDITIONAL PROCEDURAL
REQUIREMENTS FOR SCHOOLS TO
FOLLOW. TO ENSURE THAT EXISTING
FEDERAL AND STATE LAW IS
EFFECTUATE.
INCLUDING.
ADDING SEXUAL VIOLENCE TO THE
DEFINITION OF SEXUAL HARASSMENT
IN THE EDUCATION CODE.
DIRECTING ALL POST SECONDARY
EDUCATIONAL INSTITUTIONS TO
IMPLEMENT FUNDAMENTAL PROCESSES
IN REQUIREMENTS REGARDING SEXUAL
HARASSMENT AND SEXUAL VIOLENCE
PREVENTION INCLUDING ADOPTING
AND PUBLISHING GRIEVANCE
PROCEDURES.
AND PROVIDING FOR PROMPT AND
EQUITABLE RESOLUTION OF
COMPLAINTS.
AND REQUIRING AN EDUCATIONAL
INSTITUTION TO TAKE IMMEDIATE
ACTION WHEN IT FINDS ITS SEXUAL
HARASSMENT HAS CREATED A HOSTILE
ENVIRONMENT.
AND TO ELIMINATE THAT HOSTILE
ENVIRONMENT PREVENTED THREE
OCCURRENCE AND ADDRESS IT TO FIX.
THAT IS WHAT WE ARE DOING WITH
THIS LEGISLATION.
AND I CAN IF I MAY REMIND YOU
JUST A FEW DAYS AGO ON THE
SENATE FLOOR WE HAD TO HIGH
SCHOOL GROUPS OF STUDENTS I
THINK THEY CAME FROM SENATOR
SKINNER'S.
A GROUP OF FROM OAKLAND YOUNG
WOMEN WHO HAVE BEEN GIVEN THE
OPPORTUNITY UNDER TITLE NINE TO
COMPETE EQUALLY IN ATHLETICS.
WE KNOW THAT BECAUSE OF TITLE
NINE WOMEN HAVE BEEN ABLE TO
COMPETE MORE EQUALLY NOT ONLY IN
SPORTS BUT IN SCIENCE.
AND ALSO TITLE NINE PROVIDES THE
PROTECTION.
THAT REQUIRES SCHOOLS TO CREATE
AN ENVIRONMENT.
THAT WILL ENCOURAGE AND ALLOW
FOR EVERY STUDENT THE
OPPORTUNITY TO HAVE A HEALTHY
ENVIRONMENT WITHIN WHICH TO
LEARN AND AS RECEIVE AN
EDUCATION.
I'M JOINED TODAY BY JESSICA
STANDER WITH EQUAL RIGHTS
ADVOCATES SPONSOR THE BILL AS
WELL AS WELL AS CAROLINE SKATE A
STUDENT IN SURVIVOR FROM CAL
POLY SAN LUIS OBISPO.
WITH THAT I WOULD RESPECTFULLY
ASK FOR YOUR IPHONE JUST A POINT
OF ORDER -- CENTER JACKSON MY
UNDERSTANDING IS THAT YOU'RE
ACCEPTING THE AMENDMENTS AS
OUTLINED IN THE ANALYSIS.
AND COMMENT FIVE ON PAGES
FOURTEEN THROUGH TWENTY ONE IS
THAT CORRECT THAT'S CORRECT.
I THANK YOU BYE WELCOME -- TWO
MINUTES PLEASE THANK YOU MISTER
VICE CHAIR MEMBERS OF THE
COMMITTEE MY NAME IS JESSICA
STENDER OF AN ATTORNEY EQUAL
RIGHTS ADVOCATES IN PROUD
BECAUSE FONG SERVICE BEFORE.
NINE THREE FOR OVER FORTY FIVE
YEARS WE PRACTICE UNDER TITLE
NINE AND RELATED FEDERAL AND
STATE CIVIL RIGHTS LAWS.
EDUCATION CIVIL RIGHTS WERE
ESTABLISHED TO INSURE EQUITABLE
ACCESS TO EDUCATION AND
SAFEGUARD AGAINST THE PUSH OUT
FROM EDUCATION OF THOSE WHO HAVE
BEEN HISTORICALLY DENIED ACCESS.
TO THESE INSTITUTIONS HAVE OFTEN
BEEN ISOLATED TO THE TO THE
LEAST POWERFUL AND PRIVILEGED.
THESE ARE THE SAME STUDENTS THAT
STILL FACE THREATS THEIR
PHYSICAL SAFETY AND ABILITY TO
RECEIVE AN ACQUITTAL ACCESS
EDUCATION.
SEXUAL HARASSMENT INCLUDING
SEXUAL VIOLENCE IN COLLEGE IS
RAMPANT IN ADDITION TO PHYSICAL
AND EMOTIONAL HARM THESE
INCIDENTS ALSO IMPACTS STUDENTS
ABILITY TO PARTICIPATE AND
THRIVE IN EDUCATION.
AMPLE EVIDENCE SHOWS THAT THE
VAST MAJORITY OF THE SURVIVORS
ARE WOMEN AND THAT STUDENTS OF
COLOR LGBT Q. I STUDENTS AND
OTHER HISTORICALLY MARGINALIZED
IN UNDER REPRESENTED GROUPS ARE
MORE LIKELY TO EXPERIENCE SEXUAL
HARASSMENT AND ASSAULT AT SCHOOL.
WELL EXISTING STATE AND FEDERAL
LAWS ALREADY PROHIBIT
DISCRIMINATION BASED ON SEX AND
GOVERNMENT FUNDED EDUCATIONAL
PROGRAMS OR ACTIVITIES AND
REQUIRE EQUAL ACCESS TO
EDUCATION OPPORTUNITIES.
THERE IS INSUFFICIENT STATE LAW
AND OR AYE GUIDANCE FROM FROM
AGENCIES FOR SCHOOLS HAVE IN
PLACE ABOUT HOW TO ACTUALLY
RESPOND TO SEXUAL ASSAULT TO
ENSURE THAT STUDENTS CIVIL
RIGHTS ARE ENFORCED AND UP HELD.
AS BEFORE NINE THREE WILL
ADDRESS THIS GAP BY OUTLINING
PROCESSES FOR STATE FUNDED
EDUCATION AND EDUCATIONAL
INSTITUTIONS OF HIGHER EDUCATION.
TO INVESTIGATE AND RESPOND TO
ALLEGED HARASSMENT ASSAULT
THROUGH A NEUTRAL AND FAIR
PROCESS FOR BOTH COMPLAINTS AND
RESPONDENTS AND IN THIS WAY THE
BILL THE BILL WILL ENSURE THAT
CIVIL RIGHTS SAFETY AND WELL
BEING OF ALL CALIFORNIA STUDENTS.
ARE PROTECTED AND FOR THAT
REASON WE ARE DRIVE VOTE I KNOW
WANT TO TURN IT OVER TO MISS
CAROLINE SKATE TO SHARE HER
STORY.
GOOD EVENING -- THANK YOU FOR
THE OPPORTUNITY TO TESTIFY IN
SUPPORT OF SB -- FOUR NINE THREE
MY NAME'S CAROLINE'S GAY AND I'M
A FOURTH YEAR ENGINEERING
STUDENT HERE IN CALIFORNIA AND I
KNOW FIRST HAND WHY THIS BILL IS
NECESSARY.
DURING MY SOPHOMORE YEAR I WAS
REPEATED A FRATERNITY HOUSE BY
ANOTHER STUDENT WHO BELONG TO
THE FRATERNITY.
I WAS TRAUMATIZED AND SUFFERED
FROM NIGHTMARES AND PANIC
ATTACKS.
I WAS SCARED TO BE ON CAMPUS
BECAUSE MY RAPIST AND HIS
FRATERNITY BROTHERS WERE ON THE
ENGINEERING CAMPUS WHERE A HARD
CLASSES.
I REPORTED THE INCIDENT TO THE
TITLE NINE OFFICE SHORTLY AFTER
IT OCCURRED. FOR THE FIRST SIXTY
WORKING DAYS I RECEIVED A LITTLE
COMMUNICATION ABOUT THE STATUS
OF THE INVESTIGATION.
I UNDERSTOOD THAT THE SCHOOL WAS
SUPPOSED TO COMPLETE THE
INVESTIGATION IN SIXTY WORKING
DAYS.
BUT THERE ARE EXTENSIONS WHICH
PROLONG THE PROCESS.
IT WASN'T UNTIL ABOUT SIX MONTHS
AFTER I FILED MY COMPLAINT THAT
I WAS NOTIFIED THAT THEY HAD
FINISH THE INVESTIGATION AND
DETERMINED THAT MY CLAIM AGAINST
MY RAPIST WAS SUBSTANTIATED.
HOWEVER I THOUGHT POINT I WASN'T
NOTIFIED ABOUT THE DISCIPLINE
NOT WOULD BE GIVEN.
ON THE LAST DAY POSSIBLE MY
REFILLS FILED AN APPEAL.
BUT I WASN'T GIVEN THE
OPPORTUNITY TO RESPOND TO ANY OF
THE CLAIMS THAT WERE MADE IN
FACT I WASN'T EVEN INFORMED
ABOUT THE BASIS OF THE APPEAL
UNTIL AFTER THE PROCESS WAS
INCLUDED IN A DETERMINATION HAD
BEEN MADE.
A HEARING FOR MY PERPETRATORS
DISCIPLINE HIS LAWYER PRESENTED
OVER SIX HUNDRED WRITTEN
QUESTIONS ADDRESSED TO ME AND
SOME OF THE WITNESSES.
MANY OF THE QUESTIONS WERE
INVASIVE -- RELEVANT AND
HARASSING. TO BE HONEST MANY OF
THEM FELL ABUSIVE AND WERE SO
DISGUSTING THAT I CAN'T EVEN
TALK ABOUT THEM.
BECAUSE OF THE TRAUMA MY SCHOOL
WORK SUFFERED. TO MAKE THINGS
WORSE DECISIONS ABOUT WHETHER TO
PROVIDE ACADEMIC ACCOMMODATIONS
WERE LEFT UP TO YOU INDIVIDUAL
PROFESSORS.
WHO HAD LITTLE OR NO TRAUMA
INFORMED TRAINING AND I WAS
RESPONSIBLE FOR NAVIGATING THE
PROCESS?
THESE ACCOMMODATIONS ARE
IMPORTANT FOR BOTH SIDES BECAUSE
THE TITLE NINE OFFICE OFTEN
SCHEDULES MEETINGS AND UPDATES
DURING CLASSES OR RIGHT BEFORE
EXAMS.
WELL SOME OF Y PROFESSORS
PROVIDED ACCOMMODATIONS OTHERS
DID NOT. ONE PROFESSOR TOLD ME
THAT I SHOULD CONTENT CONSIDER
DROPPING OUT OF SCHOOL AND SAID
THAT COLLEGE ISN'T FOR EVERYONE
WHEN I NOTIFIED HIM THAT I WAS
IN A CASE AND MAY NEED
ACCOMMODATIONS Là QUARTER.
ANOTHER PROFESSOR TOLD ME THAT I
NEEDED TO SEPARATE MY PERSONAL
ON MY ACADEMIC LIFE WHEN I ASKED
HIM TO SUBMIT AN ASSIGNMENT ONE
DAY LATE A FEW DAYS AFTER THE
ASSAULT.
I DIDN'T UNDERSTAND HOW I COULD
SEPARATE MY PERSONAL MY ACADEMIC
LIFE WHEN I HAD TO FACE MY
PERPETRATOR AND HIS ROOMMATES
ALMOST ON A DAILY BASIS
[inaudible]
ON CAMPUS.
MY GRADES SUFFERED I HAD TO RE
TAKE SOME CLASSES.
BECAUSE OF THIS I AM GRADUATING
A YEAR LATE WHICH IS CAUSED
ADDITIONAL STRESS AND A
FINANCIAL BURDEN.
I'VE MET WITH SCHOOL OFFICIALS
ALONG WITH OTHER STUDENTS
SURVIVORS TO DISCUSS THE
PROBLEMS IN THE TITLE NINE
PROCESS.
BUT HAVING HUNDRED SIGNIFICANT
PUSHBACK.
I FACE MANY MORE ISSUES IN THE
TITLE NINE PROCESS THAT I CAN
COVER IN MY TIME TODAY.
BUT I THINK THESE POINTS --
STREET THE IMPORTANCE OF THIS
BILL.
I'M NOT ALONE I KNOW MANY
STUDENTS WHO HAVE EXPERIENCED
SEXUAL ASSAULT IN COLLEGE AND
INJUSTICE IN THE TITLE NINE
PROCESS.
COLLEGES NEED TO HAVE AN
ADEQUATE PROCESS. TO INVESTIGATE
THESE INCIDENCES INCIDENTS AS
WELL AS TRAINING FOR SCHOOL
OFFICIALS ON HOW TO RESPOND TO
SEXUAL ASSAULT.
AND MAKE SURE THAT ALL STUDENTS
ARE SAFE AND ABLE TO COMPLETE
THEIR EDUCATION.
TITLE NINE IS MEANT TO PROVIDE A
SAFE AND EQUITABLE ACCESS TO
EDUCATION AND IT'S IMPACTS THE
I'VE EXPERIENCED HAVE DONE THE
OPPOSITE. FOR THESE REASONS I
SUPPORT SB FOUR NINE THREE THANK
YOU FOR GIVING ME THE
OPPORTUNITY TO SPEAK WITH YOU
TODAY.
THANK YOU THANK YOU VERY MUCH
THANK YOU.
FOR PROVIDING THAT.
PERSONAL TESTIMONY.
I ANY OTHER A MEMBERS THE PUBLIC
OR REPRESENT AS OF ORGANIZATION
IF YOU COULD PLEASE -- COME THE
MICROPHONE STATE YOUR NAME AND
AFFILIATION.
MILEY'S AT ALL WITH AMERICAN
ASSOCIATION OF UNIVERSITY WOMEN
IN STRONG SUPPORT.
WHEN THE ALLOWS OUR ASIAN
PACIFIC CONCERNED UNDERBASE
VIOLENCE IN STRONG SUPPORT?
FILES ENOUGH FROM PEACE OVER
VIOLENCE IN STRONG SUPPORT.
HE LISTS GAY ON CAROLINE'S MOM
AND I AM IN STRONG SUPPORT THIS
BILL.
MY NAME IS LAWRENCE GAY AND I'M
CAROLINE SISTER AND I'M IN
STRONG SUPPORT OF THIS BILL.
PRODUCT OF A LEVELS WITH THE
ASSOCIATION OF INDEPENDENT
CALVARY COLLEGES AND
UNIVERSITIES.
WE DON'T HAVE AN OFFCIAL
POSITION THAT WANTED TO THANK
THE AUTHOR HER STAFF IN THE
COMMITTEE CONSULTANT ON WORKING
WITH INSTITUTE -- INSTITUTIONS
CLOSELY TO ENSURE THAT WOULD BE
REQUIRED OF INSTITUTIONS OF
HIGHER ED CAN BE EXECUTED
CORRECTLY IN CLEARLY SO WE WILL
CONTINUE WORKING WITH THE AUTHOR
AND THANK YOU.
ANGIE MARTINEZ CALIFORNIA STATE
UNIVERSITY I WANT TO ECHO THE
COUNTY ARE SAYS YOU WE
APPRECIATE WORKING WITH THE
AUTHOR AND THE COMMITTEE STAFF I
KNOW THEY WORKED A NUMBER A
NUMBER OF HOURS ON THIS BILL.
THE MEMBERS ARE SIGNIFICANT IN
SCOPE.
I KNOW THAT THERE'S MORE WORK TO
BE DONE I KNOW THAT AS IN ELSE'S
RECORD RECOGNIZES. FOR THE CSU
THE ISSUE OF RIGHT OF ACTION IS
A GOOD IS A CONTINUOUS CONCERN
FOR US -- IT.
AUGMENTS ALL OF THE DIFFERENT
PARTS THAT WILL BE IN THIS BILL
AT MOVING FORWARD A WE'VE BEEN
IT'S A STRONG SUPPORTER OF SB
ONE SIX NINE NINE SIX OH MACAM
DAILY ON WE AGREE WITH WHAT THE
AUTHOR'S ATTEMPT AS WE JUST
WANNA MAKE SURE THAT WHEN WE BUT
ISN'T.
A PLACE THAT WORKS AND WORKS
WELL FOR ALL STUDENTS THANK YOU.
ALL RIGHT -- NOW THIS IS THE
OPPORTUNITY -- FOR FOLKS -- IN
OPPOSITION TO HAVE ANY.
THE RIVER PLEASE COME ON OVER
THE TABLE.
YOU COULD -- PLEASE STATE YOUR
NAME AND AFFILIATION AND KEEP
ITS TWO MINUTES PLEASE MY NAME
IS CYNTHIA GARRETT.
I'M CO PRESIDENT OF FAMILIES
ADVOCATING FOR CAMPUS COOPER
SPEAKING THE OTHER GUY IT'S A A
NONPROFIT GROUP THAT ADVOCATES
FOR FAIRNESS IN THESE
PROCEEDINGS -- I AGREE WITH
SENATOR JACKSON'S VERY DIFFICULT
ISSUE AND I SUPPORT TITLE NINE I
SUPPORT.
GENERALLY THE BILL I JUST HAVE
SOME SPECIFIC ISSUES WITH THAT --
I'M CALIFORNIA ATTORNEY I HAVE
TWO DAUGHTERS WHO WOULD
CALIFORNIA UNIVERSITIES ONE OF
WHOM WAS A VICTIM OF SEXUAL
ASSAULT -- OUR ORGANIZATION
ADVOCATES FOR FAIRNESS WE DON'T
TRY TO DENY VICTIMS RIGHTS ARE
PROTECTIONS THAT'S NOT OUR THING.
I SERVED ON IN AB A TASK FORCE
WITH VICTIMS ADVOCATES AND WE
WERE ABLE TO COME UP WITH.
A BEST PRACTICES TO WHICH WE ALL
AGREED WE THERE WAS A CONSENSUS --
I JUST HAVE IS.
FEW SPECIFIC ISSUES WITH THE
BILL.
UP FIRST THAT IT REQUIRES TRAUMA
INFORMED INVESTIGATIONS AND
HEARINGS.
I THINK IT'S COMPLETELY
APPROPRIATE TO USE TRAUMA
INFORMED PROCESSES TO INTERVIEW.
SOMEONE THAT COMES FORWARD AS
THE VICTIM.
THEY'RE BASED IN COGNITIVE
THERAPY AND THEY ENCOURAGE
REPORTING AND DON'T INTIMIDATE
THE PERSON WHEN THEY'RE TRYING
TO TELL THEIR STORY.
PERFECTLY APPROPRIATE HOWEVER
OVER THE LAST FEW YEARS THE
TRAINING IS EXPANDED TO INCLUDE
DIRECTIONS TO DISCOUNT OR IGNORE
CERTAIN BEHAVIOR.
SUCH AS AS A SIDE EFFECT OF
TRAUMA SUCH AS A COMPLAINANT
MISREPRESENTING OR TELLING
INCONSISTENT STORIES.
BEHAVING AND CONSISTENTLY WITH
HAVING BEEN OF SALTED.
NOW THOSE ISSUES COULD BE AN
EFFECTIVE TRAUMA.
BUT THEY ALSO COULD HAVE OTHER
CAUSES ORMOTIVATION AND OUR
CONCERN IS THAT SCHOOLS HAVE
BEEN JUST ENTIRELY THROWING OUT
THIS WHOLE CATEGORY OF EVIDENCE
RATHER THAN TAKING IT IN.
AND CONSIDERING WHETHER IT IS IN
FACT THE RESULT OF TRAUMA OR IS
PERHAPS SOME OTHER MOTIVATION --
IN FACT UC SANTA BARBARA HAD
JUST RECENTLY HAD A DECISION
THAT SAYS THAT THE EVALUATION
WAS IMPROPERLY BASED ON THE
TRAUMA INFORMED APPROACH -- AND
THIS POOR POST ONE SIXTY NINE
WORKING GROUP THEY AGREE THEY
SAID THE EXACT SAME THING YOU
DECISION MAKERS MUST BE ABLE TO
EVALUATE THE EVIDENCE AND
DETERMINED AS A QUESTION OF FACT.
AND NOT IGNORE A CATEGORY OF
EVIDENCE -- ANOTHER THING WE'RE
CONCERNED ABOUT IS THAT THE
RACIAL IMPLICATIONS PERTAIN ONLY
TO VICTIMS.
OF MINORITIES WE'RE SEEING A LOT
WE HAVE FIFTEEN HUNDRED PEOPLE
THAT HAVE COME TO US WE'RE
SEEING A LOT OF MINORITIES LOWER
INCOME STUDENTS BEING.
ACCUSED AND CAN'T AFFORD
ATTORNEYS TO VINDICATE THEIR
pPROBLEM.
THE LAST THING IS THE S. BEFORE
NINETY THREE DENIES BOTH TE
LIFE HEARING AND A CROSS
EXAMINATION BY A PARTY'S ADVISER.
THIS IS IN DIRECT CONTRADICTION
TO SEVERAL CALIFORNIA HELLIP
COURT DECISIONS IN THE LAST TWO
YEARS THAT SAY YOU CANNOT HAVE A
SINGLE INVESTIGATOR PROCESS AND
CREDIBILITY.
AT A LIVE HEARING AND THE
WORKING GROUP POSTS SIX ONE
SIXTY NINE ALSO AGREES WITH THAT.
THANK YOU.
YOU A CALL AND WE'LL LEAVE OPEN
THE OPPORTUNITY SHOULD YOU WISH
TO REPLY TO THE AMENDMENTS AS
WELL.
THANK YOU [inaudible]
HELLO -- I'M A FATHER FOR MIXED
RACE CHILDREN THREE DAUGHTERS
AND A SON ALL OF WHOM ATTENDED
CALIFORNIA PUBLIC YOU KNOW WE
HAVE A NAME -- JONDO.
JOHN DOE I'M HE HAS ON STATE TO
STAY ANONYMOUS IF I COULD.
I KNOW HIM THOUGH.
A RETIRED COMBAT VETERAN OF OVER
THIRTY YEARS IN A CALIFORNIA
RESIDENT FOR FIFTEEN I'VE HELD
NUMEROUS LEADERSHIP POSITIONS
INCLUDING COMMANDING OFFICER.
I PARTICIPATED IN ALL ASPECTS OF
DISCIPLINARY ADMIN BOARDS OVER
MY CAREER.
AND I AM PAINFULLY AWARE THAT
THE INTEGRITY OF THE PROCESS IS
PARAMOUNT TO JUSTICE BIASES
AGENDAS AND PRECONCEIVED NOTIONS
HAVE NO PLACE IN THE PROCESS
TITLE NINE IS VERY SERIOUS.
AND PERMANENTLY PUNITIVE.
THE GROSSLY UNFAIR AND
DEVASTATING TITLING PROCESS IS
DESTROYED MANY CALIFORNIA
STUDENTS.
MY SON'S PROCESS INVOLVED A
TRAUMA INFORMED INVESTIGATION
WITH NO HEARING NO ACCESS TO THE
CHARGES AGAINST HIM A SINGLE
INVESTIGATOR A PRECONCEIVED
NOTION OF GUILT AND NO ABILITY
TO POSE QUESTIONS OR CROSS
EXAMINE HIS ACCUSER OR HER
WITNESSES.
THE CURRENT PROCESS THAT SB FOUR
NINETY THREE SIXTY CODIFIED INTO
LAW.
FROM THE EVIDENCE OBTAINED THE
COURT MANDATED RECORD TWO YEARS
AFTER MY SON WAS EXPELLED.
IS PAINFULLY CLEAR MY SON WAS
SEXUALLY ASSAULTED BY A FEMALE
STUDENT WHO FILED A TITLE. NINE
COMPLAINT AGAINST HIM AFTER HE
TOLD ME WHAT HAD NO DESIRE TO
HAVE RELATIONS WITH HER AND SHE
DISCOVERED HE HAD NO MEMORY OF
THEIR INTERACTIONS.
GRAVE TRANSGRESSIONS WERE
COMMITTED UNDER THE CURRENT
PROCESS INCLUDING CHANGING
WITNESS STATEMENTS FIVE CRITICAL
WITNESSES SWORE.
THAT THEY'RE IN THAT THERE.
TESTIMONY WAS MISREPRESENTED AND
THE INVESTIGATOR'S NOTES CONFIRM
THIS WELL MEANING HIDING IN
DISCOUNTING EXONERATING EVIDENCE.
REFUSING TO INTERVIEW
EXONERATING WITNESSES AND
FAILING TO COLLECT ANY EVIDENCE
FROM THE ACCUSER OR WITNESSES
THE SINGLE INVESTIGATOR HAD
TOTAL CONTROL OVER THE PROCESS
AND THE OUTCOME.
THE TITLING COORDINATOR
INVESTIGATOR WITH BOTH TRAIN
LAWYERS THIS WAS NOT A FAIR
UNBIASED PROCESS THIS WAS A
MALICIOUS PROSECUTION.
MY SON TOLD THE TRUTH HE BELIEVE
THE PROCESS WOULD BE FAIR IN THE
TRUTH WOULD EXONERATE HIM.
BUT THE CLAIMED VICTIM WAS
BELIEVED IN SPITE OF HER
INCONSISTENCY CHANGES ANALYZE
ALL WERE TRIBUTE TO TRAUMA AND
MY SON'S INCONSISTENCIES
MANUFACTURED BY THE INVESTIGATOR
WERE USED AGAINST HIS
CREDIBILITY.
HE WAS NOT ALLOWED TO QUESTION
HER OR HER WITNESSES.
MY SON WAS FOUND RESPONSIBLE
WITHOUT ONE SHRED OF EVIDENCE HE
WAS EXPELLED FOR LIFE DUE TO HIS
ACCUSERS FINAL CLAIM.
THIS IS WHAT IS HAPPENING IN THE
TRENCHES IN CALIFORNIA
UNIVERSITIES INNOCENT STUDENTS
ARE BEING EXPELLED.
THE PROCESS IS CORRUPT.
AND DEVASTATING TO FAMILIES I'M
DISGUSTED AT THE BEHAVIOR THESE
ADMINISTRATORS WITH A TOTAL
DISREGARD FOR DUE PROCESS AND
LACK OF INTEGRITY.
SB FOUR NINETY THREE IN ITS
CURRENT FORM IS RECKLESS AND
DISPROPORTIONATELY AFFECTS
MINORITY AND LOW INCOME STUDENTS
MOST CANNOT MOUNT A LEGAL
DEFENSE.
POOR AND MINORITY STUDENTS ARE
BEING RAILROADED AND WILL
CONTINUE TO BE IF WE CONTINUE
DOWN THIS ROAD SB FOUR NINETY
THREE THANK YOU.
THANKS.
OUR I THINK THERE WAS SOME --
QUESTION ON WHETHER OR NOT --
JONDO WOULD BE -- SUFFICIENT --
I DON'T HAVE THE EXACT ANSWER
FOR THAT BUT AND GIVEN THE
SENSITIVITY I THINK -- FOR THAT
THIS BY LAW TO RESPECT THAT.
BUT BRINGING -- DO WE HAVE ANY
MEMBERS OF THE PUBLIC WISHING TO
SPEAK IN OPPOSITION IF YOU CAN I
WOULD LIKE TO SPEAK IN
OPPOSITION.
I AM MRS JOHN DOE.
I'M WITH CALIFORNIA DUE PROCESS
JUSTICE AND I SPEAK FOR HUNDREDS
OF OTHER JOHN DOES WHO ARE
UNABLE TO COME HERE.
OUT OF FEAR OF BEING SLANDERED
AND ATTACKED AND I STRONGLY
OPPOSE.
BILL FOR NINETY THREE BECAUSE IT
DENIES EVERY CALIFORNIA CITIZEN
DUE PROCESS RIGHTS THANK YOU.
ANY OTHER MEMBER THE PUBLIC --
WISHING.
TO SPEAK IN OPPOSITION TO THE
OPPORTUNITY SEEING NONE BRING IT
BACK TO THE DAIS -- DO WE HAVE --
FOR MEMBERS WISHING TO TO
COMMENT CENTER MONNING.
THANK YOU MISTER CHAIR -- ONE
THING ALL THE WITNESSES WHO
TESTIFIED IN SUPPORT IN
OPPOSITION.
JUST LIKE TO GIVE THE AUTHOR THE
OPPORTUNITY OR TO RESPOND TO THE
CONCERNS OF DUE PROCESS
PROTECTION THAT'S EXACTLY THE
REASON FOR THE BILL.
WE'RE WE'RE SETTING UP TO
PROCESS YOU KNOW WHEN -- WHEN
THIS ISSUE BECAME IS STARTED
FINALLY?
GETTING RECOGNIZE BECAUSE ALL
THE STUDIES WERE SHOWING THE
PREVALENCE OF SEXUAL ASSAULT ON
CAMPUS.
COLLEGES.
RECOGNIZED THAT THEY REALLY
NEEDED TO DO SOMETHING ABOUT IT
BUT MOST COLLEGES ARE NOT COURTS.
AND SO THE VARIOUS KINDS OF
SYSTEMS THAT THEY SET UP CLEARLY
WERE NOT ADEQUATE WE'VE SEEN IT
FROM BOTH SIDES IN THIS INSTANCE
AND THAT IS WHY THIS BILL.
EXISTS.
SO WE HAVE TAKEN AMENDMENTS THAT
CLARIFY WHEN A HIGHER EDUCATION
INSTITUTION HAS A DUTY TO
RESPOND TO INCIDENTS OF SEXUAL
HARASSMENT.
AND SEXUAL VIOLENCE TAKING
POLICEOFF CAMPUS WE SPECIFY
THAT THE CAMPUS GRIEVANCE
PROCEDURE MUST SEPARATE THE
INVESTIGATOR IN THE JUDICATA
ROLES.
THEY'RE DIFFERENT PEOPLE THEY'RE
DIFFERENT FUNCTIONS AS THEY
SHOULD BE -- IT WE SPECIFY.
THAT WE WORK WITH WE ALSO THE
BILL ALSO REQUIRES ALIVE.
BUT IT COULD BE IN DIRECT CROSS
EXAMINATION.
BEFORE A NEUTRAL ADJUDICATOR.
SO NOBODY HAS ANY SKIN IN THE
GAME IF YOU WILL IT'S NOT AN
INVESTIGATOR WHO'S.
COME UP WITH ANY PERSONAL
OPINIONS IT'S A NEUTRAL
ADJUDICATOR WAS SPECIFIED
SAFEGUARDS.
AGAINST THE USE OF CROSS
EXAMINATION FOR PURPOSES OF
INTIMIDATION OR HARASSMENT.
IN THAT OF COURSE THE JUDICATA --
IS ABLE TO DO BECAUSE THERE ARE
WE ARE EXPECTING THAT THEY ARE
QUALIFIED THEY ARE TRAINED THIS
IS INTERESTED TEACHER THAT THEY
IF YOU KNOW WHO HAS SPARE TIME
AFTER CLASS WE ARE REQUIRING
THAT THIS BE A A PROCESS WORD.
OF IT WE HAVE PEOPLE WHO
UNDERSTAND THESE ISSUES THAT
ALSO ARE A TRAINED ON TRAUMA --
BUT ALSO THE INDEPENDENT NEUTRAL
ADJUDICATOR -- IT GETS THE
INFORMATION AND THE EVIDENCE IF
YOU WILL THAT IS PRESENTED.
THAT THERE IS THE ABILITY TO ASK
QUESTIONS TO GO THROUGH THIS OUR
CROSS EXAMINATION TYPE PROCESS
THROUGH QUESTIONS.
I THINK THE WITNESS TESTIFIED
THAT THERE WERE SO MANY
QUESTIONS AND MANY OF THEM
TOTALLY INAPPROPRIATE THAT WERE
ASKED OF HER.
AN ARBITRATOR CAN SAY WAIT A
MINUTE.
YOU KNOW.
IN A LIKE A LIKE A JUDGE WOULD
DO IF THIS WERE ACTUALLY IN A
CRIMINAL CASE WHICH BY THE WAY
IT IS NOT.
BUT WE ARE REQUIRING THE ABILITY
TO HAVE A FAIR AND IMPARTIAL
HEARING BECAUSE THAT'S WHAT
TITLE NINE CALLS.
FOR SO -- IT WE ALSO MODIFY IT
IN THESE PROPOSED AMENDMENTS THE
REQUIREMENTS RELATING TO THE TO
THE PROVISION OF A LIST OF
ATTORNEYS AND OTHER RESOURCES
THAT WOULD BE AVAILABLE TO BOTH
SIDES -- AND AGAIN.
RECOGNIZING THE NEED TO A NUMBER.
ONE ADDRESS THIS THIS SCOURGE ON
OUR COLLEGE CAMPUSES -- HAVING A
PROCESS BY WHICH ALLEGATIONS CAN
BE BROUGHT FORWARD THAT THEY CAN
BE -- IDENTIFIED AND HEARD IN AN
IMPARTIAL.
ADJUDICATORY FASHION THAT THE
RESOLUTION TAKES INTO ACCOUNT
THE NEEDS.
OF THE VICTIM IF IT DETERMINES
THAT THE RATE THAT THAT THE
FACTS ARE MORE LIKELY THAN NOT
TO HAVE OCCURRED.
MANY OF THEM SIMPLE THINGS LIKE
MAKING SURE THAT STUDENTS DON'T
HAVE.
TO CEDAR THEIR PERPETRATOR ON
CAMPUS MOVING THEM FROM ONE DORM
TO ANOTHER THESE ARE THE KINDS
OF ADMINISTRATIVE ACT.
UNLESS THEY ARE DETERMINED TO
HAVE REACHED A LEVEL WHERE SOME
OTHER KIND OF ACTION IS
APPROPRIATE BUT TO BE DONE IN AN
IMPARTIAL MANNER.
I THINK THAT IS THE CONCERN THAT
WE HAVE.
ALL HAD.
AND THAT'S WHAT THIS BILL IS
DESIGNED TO DO BETTER MONNING DO
YOU HAVE -- ANY MORE SPECIFIC
QUESTIONS.
A MOVIE ON TO A CENTER JONES.
AS A DENSER COVER EURO VERY MUCH
FOR THE EXPLANATION THOSE
AMENDMENTS -- ARE THOSE THE
MEMBERS THAT YOU JUST DESCRIBED
WITH A PART OF YOUR BILL.
LAST YEAR THE GOVERNOR BROWN
VETOED OR ARE THESE NEW
PROVISIONS THAT ARE TO THIS BILL.
YOU KNOW AT THIS MOMENT TIME I
CAN'T RECALL PERHAPS YOU CAN.
YET GENERALLY THEIR NEW SO THAT
MEANT THAT CENTER JACKSON
MENTION WITH THE RED CROSS
EXAMINATION MAKES IT CLEAR
CRYSTAL CLEAR THAT THE BILL IS
FULLY IN COMPLIANCE WITH THE
REASON ALL THE DECISION --
THAT'LL THAT REQUIRES ALIVE BUT
IT CAN BE DIRECT INDIRECT CROSS
EXAMINATION OF BOTH SIDES BOTH
COMPLAINING AND RESPONDED AS
WELL AS WITNESSES AND ENDED DOES
ALSO REFLECTED THAT THERE HAVE
BEEN SOME CASES THAT HAVE COME
DOWN SINCE THEN SO WE WANTED.
TO MAKE SURE THAT WE WERE ON THE
SAME TRACK OF ABIDING BY THE
DECISIONS THAT HAVE BEEN REACHED.
THOSE WERE MY MAJOR CONCERNS
THAT WE'RE GONNA CAUSE ME TO
VOTE NO ON THE BILL -- TONIGHT
BUT WITH THAT I'M I'M GONNA LAY
OFF TODAY AND GIVE MY STAFF AN
OPPORTUNITY TO REVIEW THE
AMENDMENTS AND AND WHERE IS IT
GOING FROM HERE POPES OR FIVE I
BELIEVE IT'S APPROPRIATIONS OKAY
LOCATION.
FURNITURE.
OKAY -- DO WE HAVE AN
OPPORTUNITY TO TO GIVE -- SOME
OF THE FOLKS HERE A COPY OF THE
AMENDMENTS.
THEY'RE IN THE ANALYSIS.
DO YOU HAVE -- IS THAT IT SOME
HANDED OUT TODAY.
BECAUSE I HAVEN'T SEEN IT I LOOK
TO THE BILL ONLINE TO SEE IF
THERE'S BEEN ANY AND A WHAT.
AND ANNA I AGREE WITH THE
AMENDMENT.
OKAY THAT RESERVE HELP A LOT.
LET'S SEE IF WE CAN GET YOU A
COPY A CENTER COVER EURO.
THAT WAS GOING TO BE MY QUESTION
FIRST LIGHT I JUST WANT TO THANK
EVERYBODY WHO CAME TO TESTIFY
REALLY APPRECIATE -- YOU SHARING
WHAT IS IS OBVIOUSLY A VERY
DIFFICULT [inaudible]
ON DRAMATIC EXPERIENCE AND AND
THERE ARE FORTY EIGHT AMENDMENTS
IT'S THE DIFFICULTY OF SEEING
THEM IN A KIND OF AN SEQUENCES
TRYING TO FIGURE OUT HOW THEY
MARK OUT.
BUT IF YOU HAVEN'T SEEN THEM IT
IT IT MAKES SENSE TO MAKE SURE
YOU GET A COPY OF THE OF THE
OPINION AND I I THINK I THINK
YOU'LL BE HAPPY BECAUSE SOME OF
THE ISSUES THAT YOU RAISED ARE
ARE ACTUALLY -- IN IN THE
AMENDMENT SO I THINK THAT'S ALL
I WANTED TO ADD BECAUSE I I'M
REALIZING AS WE'VE BEEN GOING TO
THESE HEARINGS THAT MANY OF THE
PEOPLE THAT SHOW UP HAVEN'T HAD
AN OPPORTUNITY SEE THE AMENDMENT
SO.
YES -- CENTER ALLEN.
OKAY -- IS A COUPLE THINGS I
WANT TO ASK ABOUT ONE OF THEM IS
THAT -- YOU KNOW A LOT OF OUR
STUDENTS IN HIGHER AND ARE NOT A
LOT BUT BUT BUT YOU KNOW IT'S
NOT AN INSUBSTANTIAL NUMBER --
OUR OF OUR REPRESENTED BY A
UNION.
RIGHT TO THE GRADUATE STUDENTS
AND INSTRUCTORS -- THE POSTDOCS
[inaudible]
I'M.
IT -- WHO ARE OUT CAN YOU TELL
US HOW THIS IMPLICATES A
COLLECTIVELY BARGAINED GREEN
GRIEVANCE PROCEDRE --
ASSOCIATED WITH THOSE.
STUDENTS.
AND HAS THERE BEEN I NOTICED
THAT THE LIKE YOUR C. W. WAS ON
BOARD THE BILL BUT I I I HAVEN'T
SEEN ANYTHING FROM.
I ANY OF THE UNIONS THAT
REPRESENT -- EITHER THE POSTDOCS
THE GRADUATE INSTRUCTORS AND WE
REACH OUT TO THEM TODAY WE HEAR
BACK FROM THEM BUT I WAS
INTERESTED IF THERE IF HOW THIS
INTERPLAY'S.
WITH EXISTING.
COLLECTIVELY BARGAINED GRIEVANCE
PROCEDURES MAY EXIST ON THE
CAMPUSES -- THAT'S INITIATING
THAT THE REMAINS BE INVESTIGATED
IN TERMS OF THE STUDENT UNION
GRADUATE STUDENT UNIONS SO I AT
THIS POINT THE BILL DOESN'T
CONTEMPLATE.
WHEN THERE'S JUST BROKE GRADUATE
STUDENT UNION THAT IS UNIONIZED
ANY COLLECTIVE BARGAINING
AGREEMENT THAT MIGHT SUPERSEDE
THESE PROVISIONS IN THE BILL
THREE WOULD SUPERSEDE YOU THINK --
BUT WE HAVE TO RESEARCH THAT
ISSUE WITH REGARD TO THE
GRADUATE STUDENTS AT UNDERGRAD I
DON'T THINK WOULD BE PART OF THE
UNIONS BUT FOR THE GRADUATE
UNIONIZED STUDENTS.
SO WE CAN WE CAN RESEARCH IT
OKAY AT THIS POINT THE FOCUSES
ON THE UNDERGRADUATE STUDENTS
THAT'S THE THE FOCUS OF THIS --
LEGISLATION RIDLEY CERTAINLY
THERE SHOULD BE.
A MINUTE MY OPINION WOULD BE
THAT THE THIS IS A DUE PROCESS
ISSUE AND THAT THE THE THIS.
SIMILAR THE SAME OR SIMILAR
REGULATION SHOULD APPLY BUT
THAT'S NOT THE NATE THAT THAT'S
OUTSIDE THE FOUR CORNERS OF THIS
BILL THE BILL DOES.
PRISON WE COVERED RESIDENTS TO
NOW.
YES IT DOES BUT NOT UNION IS NOT
THOSE SUBJECT TO UNION CONTRACTS
UNION.
AFFILIATED GRADUATES TO OKAY ALL
RIGHT THAT WAS ONE THING AND
THEN THE OTHER QUESTION WAS I
YOU KNOW I REMEMBER -- THE
GOVERNOR -- SO GOVERNOR BROWN
VETOED [inaudible]
IN EARLIER.
SB SIX ONE SIX NINE
SUBSTANTIALLY SIMILAR THIS BILL --
AND THEN I'VE I YOU KNOW.
TODAY'S BEEN SO CRAZY WE JUST.
GOD THIS IS THE CENTRAL MEMBER
YOU KNOW -- SERIES OF OF OF AN
ANALYSIS JUST YESTERDAY SO I'M
HI BUT TO WHAT EXTENT I I WAS
GIVEN I WAS JUST GIVEN A COPY OF
THE THE THE GOVERNOR WHEN HE
VETOED.
ONE SIXTY NINE WENT ON TO ASK
FOR GOVERNOR FOR GROUP OF
EXPERTS TO STUDY THE MATTER AND
THIS THREE MEMBER PANEL WAS
PULLED TOGETHER [inaudible]
FROM AT MOVING OF A PROFESSOR
FROM UC BERKELEY -- WENDY BROWN
A MEMBER FOR REMEMBER THE OF THE
STATE SUPREME COURT IN THE LARGE
SAMPLES DO YOU SEE.
SCHOOL YOU SOIL SCHOOL OF LAW
AND I'M.
THEY HAVE COME FOR OVER THE
WHOLE SERIES OF RECOMMENDATIONS
IN RESPONSE TO THE S. THE S. B.
ONE SIX NINE VETO. TO TRY TO
ADDRESS SOME OF THE ISSUES THAT
YOU'RE TRYING TO GET -- TO THE
BOTTOM OF SO I GUESS WHAT I'D
LIKE TO GET A BETTER SENSE OF
HIS YOU TO WHAT EXTENSIVE HAVE
YOU.
INCORPORATED THESE
RECOMMENDATIONS THAT THE
ANALYSIS SAYS THAT.
YOU KNOW THE THIS IS FOR YOUR
CURRENT BILL WHAT FOR NINETY
THREE SUBSTANTIALLY SIMILAR --
TO ONE SIXTY NINE I YOU KNOW I
HAVEN'T HAD THE OPPORTUNITY TO
READ REALLY.
LEVEL DETAIL THAT OUT OF LIGHT
BUT AND TO WHAT EXTENT IS IT.
CORRELATE WITH THE
RECOMMENDATIONS OF THE WORKING
GROUP -- I CAN DOES ON THAT --
THE BILL HAS SOME OF PROVISIONS
THAT ARE SIMILAR -- TO ONE SIX
NINE BUT SOME DIFFERENT AND THE
BILL ITSELF IN ADDITION WITH THE
NEW AMENDMENTS HAVE BEEN TAKEN
TODAY COMMITTEE -- MAKE IT THIS
IS CONSISTENT WITH THE TASK
FORCE TO SOME OF THE MAIN POINTS --
OF CONSISTENCY IN A DEAL WITH
SOME OF THE ISSUES THAT MS
GARRETT BROUGHT UP -- ARE ONE
THAT SEXUAL SEXUAL MISCONDUCT
INCLUDES SEXUAL HARASSMENT
SEXUAL VIOLENCE ON THE
IMPORTANCE OF INCLUDING TRAINING
ON TRAUMA INFORMED PRACTICES
DURING THE MESSAGE RIGHT PROCESS.
USING THE PREPONDERANCE OF THE
EVIDENCE STANDARD THEY KIND OF
DESCRIBE THE PREPONDERANCE OF
THE EVIDENCE STANDARD IN A
SOMEWHAT DIFFERENT WAY THAN IT'S
MORE COMMONLY USED -- BUT THEY
THEY AGREE IN THE REPORT THAT
THAT IS THE STANDARD THAT SHOULD
BE APPLIED -- HAVE THE RIGHT TO
COUNSEL THE DESIRED WHICH IS IN
THIS BILL AS WELL AND THEN
FINALLY ENSURING THAT CROSS
EXAMINATION IS ALLOWED -- BUT
BUT IF IN DIRECT IS OKAY AND
THAT'S EXACTLY WHAT THIS BILL
DOES IT SAYS THAT WITH WITH THE
NEW AMENDMENTS THAT CROSS
EXAMINATION LIVE CROSS
EXAMINATION IS -- REQUIRED BUT
IT CAN BE IN DIRECT AND THAT'S
REALLY TO PREVENT THE KIND OF
HARASSING BEHAVIOR THAT WE'VE
SEEN ADVOCATES REPRESENT US
STUDENTS IN THE SEMI PROCEEDINGS
WE SEEN SOMETIMES -- THE
RESPONDENTS AND OFTEN THEIR
ATTORNEYS USING REALLY HARASSING
AGGRESSIVE IN OFTEN ABUSIVE
TACTICS IN THIS CROSS
EXAMINATION PROCESS SO THIS
WOULD ALLOW THESE PROTECTIONS
FOR THE NEUTRAL JUDICATA -- TO
RECEIVE THE QUESTIONS PRESENT
THEM LIVE MEANING THAT THE WITH
EITHER PARTY HAS RESPOND IN LIVE
TIME REAL TIME -- BUT IT DOES
NOT HAVE TO BE DIRECT WHICH IS
CONSISTENT WITH THE WORK TASK
FORCE REPORT.
OKAY AND I I SAYS WELL AS COURT
RECENT COURT DECISIONS THIS
ACCORD WITH YOUR ANSWERING YES
ACTUALLY IT'S INTERESTING
BECAUSE THE THE WORKING GROUP
RELIED HEAVILY ON THE A BA TASK
FORCE ON WHICH I SAT.
OKAY IF YOU'LL SEE THROUGHOUT
THE FOOTNOTES ARE ALL QUOTED
QUOTED RAIL ABA AND WE WORKED
VERY HARD WE HAD VICTIMS
ADVOCATES WE HAD CAMPUS
ADMINISTRATORS AND WE HAD
DEFENSE PEOPLE LIKE MYSELF.
AND WE HAMMERED IT OUT WE WERE
ABLE TO COME TO CONSENSUS SO I
THINK THAT'S A PRETTY GOOD.
REPORT AND I I DO THINK THAT.
US SENATOR JACKSON AND I FORGOT
YOUR NAME JESSICA SKINNER.
HAVE INCORPORATED MUCH MORE OF
IT UNDER WHAT I'M UNDERSTANDING
NOW I JUST HADN'T SEEN IT IT
WASN'T ON THE ONLINE -- JUST
THREE MALE ONE NOTE ON THAT
THAT'S AND IT'S NOT A BE A
RESOLUTION IT'S JUST A REPORT OF
ONE SECTION OF THE AB EIGHT JUST
TO BE CLEAR.
WHAT DOES REFLECT THE POLICY OF
THE ABA?
THE SECTION BECAUSE THERE WERE
IS THAT.
WOULD YOU CALL IT SOCIAL JUSTICE
AFTER YOUR RATES CITED.
SIGNIFICANTLY THROUGH THE COURSE
YEAH YEAH I KNOW WE WORKED VERY
HARD ON THAT BUT THERE WAS A
VICTIMS ADVOCATE AND A CRIMINAL
JUSTICE SECTION NOT CRIMINAL NO.
SOCIAL JUSTICE SECTION OF THE
VIEW THAT DIDN'T AGREE WITH US --
SURROUNDED ANYMORE MORE
QUESTIONS -- I THINK -- SORT OF
LIKE CENTER ALLEN -- YOU KNOW
FROM WE'RE IN A DAY WITH A LOT
OF INFORMATION -- I DIDN'T GET
THE OPPORTUNITY TO GO THROUGH --
THE AMENDMENTS MY INITIAL
CONCERN -- IS MAKING SURE THAT
THAT BALANCE WAS STRUCK IS THAT
WE HEARD.
TESTIMONY -- FROM -- A VICTIM I
AND WE ALSO HEARD THE TESTIMONY
ON THE OPPOSITE SIDE WHERE.
THE ALLEGED PERPETRATOR WAS OF A
VICTIM [inaudible]
ODD OR THAT'S THE WAY -- THAT
THAT EXPERIENCE -- SCENARIO WAS
PLAYED OUT.
MAKING CERTAIN THAT INDIVIDUAL
WHO HAS BEEN ACCUSED OF
WRONGDOING.
HAS THE ABILITY TO CROSS EXAMINE.
EITHER DIRECTLY OR THROUGH AN
AGENT.
I THINK IS AN ESSENTIAL PART OF
OUR TO PROCESS -- BUT I RARELY
THEIR **** AMENDMENTS -- THAT
ARE NOW IN PLACE -- THAT I THINK
OFFER SOME PROTECTIONS I'D LIKE
THIS THEY THOSE MORE DETAIL.
THIS ALL PROBABLY LAY OFF ON
THIS -- BY DAY -- BEFORE WE GO
TO FINAL COMMENTS ANY OTHER --
COMMENTS FROM -- FROM.
THE DAIS ALRIGHT WE'LL A MOVE
THIS OVER -- BACK TO THE AUTHOR
THANK YOU THANK YOU I APPRECIATE
THE MOTION AND TO APPRECIATE THE
DISCUSSION.
I AM HAPPY TO CONTINUE WORKING
ON THIS YOU KNOW THERE'S A
THERE'S A FIND.
IF YOU WILL THE SORT OF A A
BALANCING POINT A SWEET SPOT
THIS IS NOT A CRIMINAL
PROCEEDING.
BUT IT IS ONE WHERE THERE ARE
CONSEQUENCES AND SO THERE ARE
LEVELS OF DUE PROCESS WE'RE
TRYING TO FIND AT THAT SWEET
SPOT IN HAVE.
BEEN WORKING WITH -- ALL THE
DIFFERENT STAKEHOLDERS WE'VE
CONVENED A NUMBER OF MEETINGS
THIS IS AN ONGOING PROCESS I
THINK WE'RE WE'RE ALMOST THERE
AS FAR AS GIVING THE PROTECTIONS
THAT ARE NECESSARY -- TO BOTH
THE PARTIES IN THESE MATTERS I
PERSONALLY HOPE THAT WE WILL
FIND A DAY IN THE NOT TOO
DISTANT FUTURE WHEN.
THIS WHOLE -- EPIDEMIC DOESN'T
EXIST BUT IN THE MEANTIME -- WE
HAVE GOT TO GET A HANDLE ON IT
AND TO WE KNOW THAT SEXUAL
HARASSMENT IS ASSAULT IN PETER'S
STUDENTS RIGHT TO PURSUE AND
RECEIVE AN EDUCATION IN A SAFE.
NON DISCRIMINATORY ENVIRONMENT
AND I BELIEVE THIS MEASURE
PROVIDES A BASELINE PROCESS FOR
OUR HIGHER EDUCATION STUDENTS
WHEN IT COMES TO ENFORCEMENT OF
THEIR CIVIL RIGHTS. TO ACCESS
THAT EQUITABLE.
EXPERIENCE AND THE PROTECTIONS
OF TITLE NINE WHICH I HAVE
SUPPORTED.
SINCE IT'S CONSIDERED THE
INCEPTION I THINK IT BEEN
CRITICAL TO THE SUCCESS.
OF PARTICULARLY WOMEN IN COLLEGE --
AND THE OPPORTUNITIES FOR
SUCCESSFUL LIFE BUT WE NEED TO
MAKE IT A SAFE PLACE FOR ALL OUR
STUDENTS.
AND IN THAT SPIRIT I WOULD
RESPECTFULLY ASK FOR YOUR AYE
VOTE.
THANK YOU ARE BRING IT BACK --
IS THERE A A MOTION THERE WAS A
MOTION.
I JUST.
I DO I DO ONE LITTLE THING I'D
LIKE TO SEE AYE I AM LOOKING AT
THE GOVERNOR'S VETO MESSAGE FROM.
ONE SIXTY NINE AND IT IS
SUBSTANTIALLY LONGER THAN WITHIN
THE ANALYSIS.
AND THERE'S NO LIKE A LIPSEY
THERE'S NO SENSE THAT THERE WAS
EDITED DOWN AND I JUST WANT I
JUST WANNA RAISE THAT CONCERN.
THERE WAS.
THERE'S QUITE A BIT MORE IN THE
GOVERNOR'S VETO MESSAGE THEN.
IS -- IN THE WORKING GROUP
DECIDED IN IN OUR BILL ANALYSIS --
PAGE.
TWENTY THREE THAT'S THE REPORT
NOT THE GOVERNOR'S VETO. FOR THE
ADDED ON TO MY OUR ANALYSIS OUR
OF OUR COMMITTEE ANALYSIS SO I
JUST WANNA RAISE A CONCERN.
YOU GOT A CURRENT -- DULY NOTED --
THE NEXT -- THIS WILL GO TO
APPROPRIATIONS THAT WOULD -- YOU
MENTIONED EARLIER. FOR SERVICE
TO PASS A AS AMENDED TO
APPROPRIATIONS ALL RIGHT -- DO
WE HAVE A MOTION ON THIS WEEK'S
FILLED YES CENTERS RIDE YOU'RE
GETTING AS TIRED AS THE REST OF
US SENATOR BORDERS -- STERN MADE
THE MOTIONS OF THE MOTION IS TO
PASS AS AMENDED TO THE SENATE
APPROPRIATIONS COMMITTEE.
COMMITTEE SECRETARY CAME PLEASE
CALL THE ROLL JACKSON.
JACKSON FIVE LARGEST.
ALLEN.
ALLEN AYE CABALLERO.
CABALLERO AYE JONES [inaudible]
MONNING.
MONEY AYE STERN STERN I BURKE.
NUMBER I WHAT CAL SKI.
BY KELSEY AYE.
RIGHT AND WHAT WAS THE THE VOTE
COUNTY IS SEVEN TWO ZERO THAT
MEASURES OUT.
AND WE WILL NOW GO AHEAD AND GO
THROUGH THE RUN THROUGH ONE MORE
TIME THANK YOU TO THE WITNESSES
THANK YOU FOR YOUR TESTIMONY.
WE WILL HI HOPE -- HAVE SUCCESS.
GOING FORWARD.
ALL RIGHT SO WE'RE GONNA GO
THROUGH THIS ONE TIME -- ALL THE
BILLS.
THAT -- HAVE NOT YET BEEN PUT
OUT THAT HAVE BEEN ON CALL SO
LET'S GO AHEAD.
LET'S DO THE CONSENT CALENDAR
FIRST.
ALL RIGHT THE THE CONSENT
CALENDAR IS.
WHAT WHAT IS THE VOTE COUNT IT'S?
FOUR TO ZERO ROGER VOTING I
PLEASE CALL THE ABSENT MEMBERS
WERE JUST [inaudible]
CONSENT -- BORDERS I ALLEN.
ALLEN I CABALLERO.
CAREER I JONES.
JONES I ZERO EIGHT TWO ZERO THE
CONCERNED KAREN.
STERN AYE NINE ZERO NINE TWO
ZERO THE THE CONSENT CALENDARS
ADOPTED NEXT.
YOU'RE GOING TO ALSO MANAGER YOU
CAN ALSO GO THROUGH THE BILLS
THAT ARE OUT BUT THAT THAT --
YOU YOU PUT -- BECAUSE OF THE
ROLE OPEN IS THAT RIGHT THAT'S
CORRECT ALL THE BILLS FOR WHICH
THERE THAT ARE ON CALL.
ALREADY HERE WE GO.
ALL RIGHT OF LET'S SEE THIS IS A
SB ONE THAT'S NO THAT THE BOAT
THE BILL IS OUT SB ONE SIX TO TO
THE BILL IS OUT.
FILE ITEM THREE SB.
EIGHTEEN OF THE VOTE COUNT ON
THAT IS FIVE TO ONE PLEASE CALL
THE ABSENT MEMBERS OR JUST
[inaudible]
CABALLERO.
COVER YOUR EYES STERN.
I RATE SEVEN TWO ONE THE BILL IS
OUT.
THOSE -- AND THREE YEARS
[inaudible]
THAT'S CORRECT.
CAN'T WE ARE CLOSE WE ARE TO
CLOSE THE ROLE WE HAVE TO MOVE.
HI BUT LET'S.
ON A WERE ALMOST THERE AND
EVERYBODY'S TIRED AND RIGHTLY SO
NO THE WORLD'S BEEN CLOSED
OFFENSE SOMEONE WANTS TO MAKE A
MOTION TO RECONSIDER WE CAN
RECONSIDER IT.
MOTION TO RECONSIDER.
THIS CALL THE ROLL TWO OF THOSE
IN FAVOR OF THE MOTION TO
RECONSIDER [inaudible]
IRAQ.
RIGHT ANY OPPOSITION.
YOU HAVE TO GO THROUGH THE ROLE
ALL RIGHT WE HAVE TO GO THROUGH
THE ROLE.
SO -- PLEASE CALL THE ROLL
[inaudible]
JACKSON.
FIVE JACKSON AYE BORDERS.
THIS IS TO RECONSIDER.
WHAT IS AYE ALLEN?
ALLEN I CABALLERO FIVE YEAR AYE
JONES.
JONES I MONNING.
MONNING AYE STERN.
EARN I AM BURKE.
A BIRD I WOULD KILL SKI.
OKAY ALL RIGHT IT'S NINE TWO
ZERO RECONSIDERATION IS GRANTED
WE'RE GOING TO CALL THE ROLL
THEN ON THAT BILL.
THERE HAS TO BE A MOTION. FOR
THE BILL AND EASY HOLD ON THE AS
AMENDED YEAH GO AHEAD WITH SOME
OF THE MOTION IS TO PASS AS
AMENDED THE SENATE
APPROPRIATIONS. TO PASS AS
AMENDED TO SENATE APPROPRIATIONS
WE HAVE A MOTION.
BY SENATOR STERN PLEASE CALL THE
ROLL.
JACKSON HI JACKSON I BORDERS.
WE'RE JUST NO ALLEN.
ALLEN AYE CABALLERO.
CABALLERO AYE JONES.
JONES NO MONNING.
MONEY AYE STERN STERN I BURKE.
AMER I WAKE HEALTHY I KELSEY I
SEVENTY TWO THAT BILL IS OUT
MOVING ON TO FILE ITEM.
FIVE THE VOTE COUNTY IS SEVEN
TWO ZERO THIS IS TO PASS AS
AMENDED.
TO SENATOR PROBES.
BOB PLEASE CALL THE ABSENT
MEMBERS.
IT'S S. P. -- TO TO FILE ITEM
FIVE JONES.
JONES I AM BURKE.
NUMBER GUY NINE TWO ZERO THAT
BILL IS OUT.
THE NEXT ITEM IS FILE ITEM.
FILE ITEM EIGHT SB THREE
THIRTEEN PASS AS AMENDED TO
APPROACH THE VOTE COUNT IS. TWO
TWO ZERO THE CITY.
YOU WERE OUT OF THE ROOM OR OKAY
BY THOROUGHLY.
ALL RIGHT SO PLEASE CALL THE
ABSENT MEMBERS JACKSON FIVE
JACKSON AYE BORDERS [inaudible]
ALAN.
ELLEN I COVER URAL CARILLO AYE
JONES.
STERN STERN I AM BURKE.
NUMBER HI. SEVEN TWO ZERO THAT
BILL IS ACT.
NEXT IS FILE ITEM NINE SB THREE
TWENTY SIX THE VOTE COUNT IS.
FIVE TO ZERO TO PASS AS A MEMBER
OF HIS AMENDED TO SENATE.
JUST TO PASS EXCUSE ME TO SENATE.
FLOOR.
WHAT IS IT HOUSING?
SENATE HOUSING. TO PASS TO
SENATE HOUSING PLEASE CALL THE
ABSENT MEMBERS WERE JUST.
CABALLERO.
CAREER I JONES.
JONES NO STERN [inaudible]
STERN I YES VOTED ON DON'T
CLOSER ROLES WHICH TRIED ONE
MORE TIME PLEASE CALL THE ABSENT
MEMBERS [inaudible]
GORGEOUS.
WE'RE JUST NOW.
YES THAT'S CORRECT ALL RIGHT THE
VOTE IN THE VOTE IS SEVEN TO TWO
THAT BILL IS OUT.
MOVING ALONG TO FILE ITEM. TEN
SB -- THREE THREE TWO DO PASS AS
AMENDED TO SENATE APPROACH THE
VOTE COUNT IS FIVE TO ZERO
PLEASE CALL THE ABSENT MEMBERS
GORGEOUS.
OR JUST NO JONES JONES NO STERN.
JOURNAL I BURKE.
NUMBER I SEVENTY TWO THAT BILL
THIS OUT.
FILE ITEM THIRTEEN SENATE BILL
FOUR TWENTY FIVE THE MOTION IS
TO PASS AS AMENDED TO SENATE
APPROACH.
SENATOR HILLS BILL -- PLEASE
CALL THE ABSENT MEMBERS JACKSON
AYE JACKSON AYE BORDERS.
OR JUST KNOW ALAN [inaudible]
CABALLERO.
COPYRIGHT AYE ALLEN AYE
[inaudible]
JONES.
JONES NO MONNING.
MONNING AYE STERN.
STERN HI SEVEN TWO TO THE BILL
IS OUT.
FILE ITEM FOURTEEN IS BEFORE --
THIRTY FIVE THIS IS OF THE VOTE
COUNT IS ZERO OUR EYES THREE
KNOWS THAT YOU'RE VOTING NO
PLEASE CALL THE ABSENT MEMBERS
WERE JUST [inaudible]
ALAN [inaudible]
CABALLERO [inaudible]
JONES.
JONES I AM MONNING [inaudible]
I'M BURKE.
AMBER NO ONE MORNING VOTED KNOWS.
LET'S GO THROUGH.
EXCUSE ME.
RIGHT HOLD ON ONE SECOND.
BUT LET'S GO THROUGH CALL THE
ABSENT MEMBERS SO JACKSON WAS A
NO BORDERS.
I BORDERS AYE ALLEN [inaudible]
CABALLERO.
CAREER NO JONES.
JONES I MONNING.
MONNING NO STERN NO [inaudible]
I'M BURKE.
WHY CAL SKI?
OKAY OKAY ALL RIGHT SO I TO
KNOWS. SEVEN OF THE MEASURE
FAILS AND I BELIEVE THERE WAS A
REQUEST FOR RECONSIDERATION
WHICH IS GRANTED VERY GOOD ALL
RIGHT.
EXCUSE ME TO THE SIX TO OUR EYES.
SIX KNOWS.
MEASURE FAILS RECONSIDERATION
WAS REQUESTED AND GRANT.
JUST SAYING RECONSIDERATION WAS
GRANTED.
ALL RIGHT.
FILE ITEM SIXTEEN SP.
FOUR NINETY THREE THAT MEASURE
SEVEN TO ZERO THAT MEASURES OUT.
FILE ITEM NINETEEN SB
[inaudible]
FIVE EIGHTEEN WITH.
I WAS PULLED WAS PULLED.
VERY GOOD FILE ITEM.
NINETEEN SB FIVE EIGHTEEN OF THE
VOTE COUNT IS FIVE TO ONE THAT
YOUR VOTING HI PLEASE CALL THE
ABSENT MEMBERS GORGEOUS.
BORDERS NO CABALLERO.
HOW?
HOW HEREBY OR WE CAN GO FROM
HERE ALL RIGHT SO IT'S A? SEVEN
TWO ONE THAT BILL IS OUT.
FILE ITEM. TWENTY OF SB. FIVE
TWO NINE THE VOTE COUNT IS FIVE
TO ONE THE MOTION WAS TO PASS AS
AMENDED TO SENATOR PROBES PLEASE
CALL THE ABSENT MEMBERS CHAIR
VOTING ON HOW THE HERO
[inaudible]
I'M SORRY [inaudible]
YES [inaudible]
MY CAREER I JONES.
JONES NO UMBERG.
WHAT HEALTHY?
BY MAKOVSKY AYE.
ALL RIGHT [inaudible] SIX TWO
NUMBER. THIRTY EIGHT SIXTY SIX
TO ONE THAT BILL IS OUT.
FILE ITEM TWENTY ONE SB.
FIVE THIRTY FOUR OF DO PASS AS
AMENDED TO SENATOR APPROACH THE
VOTE COUNT IS FIVE TWO ZERO
PLEASE CALL THE ABSENT MEMBERS.
GORGEOUS [inaudible]
ALAN [inaudible]
JONES [inaudible]
I'M BURKE [inaudible]
ELLEN I FIVE THIRTY FOUR NUMBER
GUY NUMBER I OKAY OKAY SO THAT
VOTE COUNT IS. SEVEN TWO ZERO
THE BILL IS OUT FILE ITEM TWENTY
TWO SB FIVE EIGHTY ONE TO PASS
AS AMENDED TO SENATOR PROBES.
THE VOTE COUNTY IS A SEVEN TWO
ZERO RIGHT I THINK WE OKAY
PLEASE CALL THE ABSENT MEMBERS
JACKSON NOT VOTING. FOR JUST.
FOR JUST I RIGHT THE BILL IS OUT.
EIGHT TWO ZERO ON MY BED.
SUCH AN EXTRA [inaudible]
ALL RIGHT.
THE NEXT ONE IS A FILE ITEM
TWENTY FIVE SB.
SIX TWENTY TWO OF THE THE A
MEASURES TO PASS THE SENATE
APPROACH.
THE VOTE COUNT IS THREE ZERO THE
CHAIR VOTING I PLEASE CALL THE
ABSENT MEMBERS [inaudible]
GORGEOUS.
ORDERS NO CABALLERO.
COPYRIGHT I JONES.
JONES NO STERN. TWENTY FIVE SIX
TWENTY TWO YEAH HI.
STERN AYE NUMBER.
NUMBER I WHITE HOUSE SKI MY
COUNTY HI.
THAT IS THE SEVEN TWO TWO THE
BILL IS OUT.
FILE ITEM.
TWENTY NINE OF SB. SEVEN OH
EIGHT BY SENATOR HUESO THE VOTE
COUNT IS. FIVE TWO ZERO PLEASE
CALL THE ABSENT MEMBERS THE
MOTION IS TO PASS THE SENATE
APPROPRIATIONS GORGEOUS.
OR JUST NO CABALLERO.
COPYRIGHT I JONES.
JONES NO UMBERG.
NUMBER BY SEVENTY TWO THAT BILL
IS OUT IN OUR LAST ITEM FILE
ITEM THIRTY SB SEVEN FORTY NINE
BY SENATOR DORADO -- I BELIEVE
THAT THE MOTION WAS DO PASS AS
AMENDED TO SENATOR PROBES THE
VOTE COUNT IS THREE TO ONE SURE
VOTING I PLEASE CALL THE ABSENT
MEMBERS.
GORGEOUS.
OR JUST KNOW ALAN.
ALLEN I AM MONNING.
MONNING I AM BURKE.
NUMBER FIVE I CAL SKI.
HI MY COUNTY I SEVEN TWO TO THE
THE BILL IS OUT ONE MOMENT
[inaudible]
THIS [inaudible] SIX YES JUST
CLEAR FIVE FIVE TWO NINE BY WE
JUST WANT TO CLARIFY FILE ITEM
TWENTY SB.
FIVE TWENTY NINE THE VOTE COUNT
WAS SIX TO TWO ON A MOTION TO
PASS AS AMENDED TO SENATE
APPROACH SO THAT BILL IS OUT.
WE ARE DONE THANK YOU STAFF
THANK YOU MEMBERS FOR YOUR
PATIENCE THANK YOU TO OUR
SERGEANTS AND ALL THOSE PEOPLE
ARE STILL STUCK I MEAN WHO IS
STILL HERE.
THANK YOU VERY MUCH IT'S NINE
TWENTY AND WE ARE ADJOURNED