MEETING.
AND WE DO HAVE A QUORUM SO LET'S
GO AHEAD MADAM SECRETARY PLEASE
ESTABLISH COURT.
JACKSON.
JACKSON HERE WERE JUST.
GORGEOUS HERE ALAN.
WE DON'T GO BACK I'M SORRY MR
BOARD JUST DIDN'T GIVE US A FULL.
HERE.
YOU WANT TRY THAT AGAIN MISTER
GORGEOUS.
ALL RIGHT GOOD ENOUGH --
CABALLERO [inaudible]
JONES MONNING.
MONNING HERE STERN.
AMBERG WHITE HOUSE HERE WHAT
HOUSE HERE ALL RIGHT A QUORUM IS
PRESENT WE HAVE FIVE ITEMS ON
OUR PROPOSED CONSENT CALENDAR.
WE'LL LET ME IDENTIFY THEM FIRST
I KNOW EVERYONE'S SO EXCITED.
TO BE HERE AND WANT TO GET
STARTED BETWEEN A YOUNG ONE IN
AN OVER ACTIVE -- MEMBER WE'RE
GONNA HAVE AN INTERESTING DAY --
BUT WE DO HAVE FIVE ITEMS ON
CONSENT FIRST ITEM ON CONSENT
FILE ITEM NUMBER -- TWO A. B.
FOUR FIVE SIX BY ASSEMBLY MEMBER
CHIU FILE ITEM.
NUMBER.
FOUR AB THIRTEEN SEVENTY THREE
BY ASSEMBLY MEMBER PATTERSON
FILE ITEM NUMBER FIVE AB
FOURTEEN NINETY SEVEN WITH
AMENDMENTS BY ASSEMBLY MEMBER
HOLDEN.
FILE ITEM NUMBER.
SIX AB SIXTEEN OH SEVEN BY
ASSEMBLY MEMBER BURNER.
**** BATH WITH AMENDMENTS FILE
ITEM.
NUMBER SEVEN AB TH SEVENTEEN
THIRTY SEVEN BY ASSEMBLY MEMBER
OBERNOLTE AND FILE ITEM.
EIGHT AB EIGHTEEN TWENTY BY THE
ASSEMBLY JUDICIARY COMMITTEE.
SO.
THERE'S A MOVEMENT -- CAN SECOND
WE HAVE A MOTION ON THE CONSENT
CALENDAR MADAM SECRETARY PLEASE
CALL THE ROLL JACKSON HI JACKSON
I BORDERS.
BORDERS AYE ALLEN.
ALLEN I COVER HERO JONES MONNING.
MONEY AYE STERN UMBERG WHITE
HOUSE HE I KELSEY AYE ALRIGHT WE
HAVE FOR THE CONSENT CALENDAR WE
WILL HOLD THE ROLL OPEN FOR THE
ABSENT MEMBERS.
IF YOU ARE HERE IN ANY OF THOSE
ITEMS WE WON'T BE HEARING THEM
TODAY BUT YOU'RE MORE THAN
WELCOME TO STAY AND ENJOY THE
FASCINATION OF OUR COMMITTEE
DISCUSSIONS.
AND WE WILL NOW TURN TO SOME OF
THOSE FASCINATING ITEMS THE
MEASURES ARE HEARD IN FILE ORDER
AND I WOULD ASK THAT EACH
MEASURE WILL HAVE TWO MAIN
WITNESSES TWO MINUTES EACH IN
SUPPORT -- WILL THEN ASK THOSE
ADDITIONAL MEMBERS TO STEP UP TO
THE MICROPHONE GIVE THEIR NAME
AFFILIATION AND OF COURSE THEIR
POSITION EITHER FOR OR AGAINST
THE MEASURE WE DO ALSO ENTERTAIN.
THOSE WHO WERE HERE WAS STRONG
NEUTRALITY. TO ALSO PUT IN THERE.
INDEED INDICATING THEIR
AFFILIATION AS WELL AND THEN OF
COURSE AFTER WE HEAR FROM THOSE
IN SUPPORT WE WILL THEN HERE --
FROM THOSE IN OPPOSITION TWO
WITNESSES TWO MINUTES EACH AND
THEN AGAIN THE SAME.
A PROCESS WHERE THOSE ADDITIONAL
WITNESSES IN OPPOSITION WILL
GIVE THEIR NAME AFFILIATION AND
INDICATE THEIR OPPOSITION SO WE
WILL START WITH FILE ITEM.
NUMBER ONE AB TWO OH SIX BY
ASSEMBLY MEMBER CHIU -- THAT IS
THE FIRST.
ITEM WE DO HAVE AN INDICATION OF
OPPOSITION.
AND THERE ARE NO AMENDMENTS THAT
HAVE BEEN -- IDENTIFIED SO WITH
THAT ASSEMBLY MEMBER TO THE
FLOOR IS YOURS GOOD AFTERNOON
GOOD AFTERNOON THANK YOU MADAM
CHAIR SENATORS APPRECIATE YOUR
CONSIDERATION OF AB.
TWO OH SIX WHICH WOULD PROTECT
PROPERTY OWNERS FROM FRIVOLOUS
LAWSUITS IF THEY PARTICIPATE AND
LEAD ABATEMENT.
LEAD PAINT ABATEMENT PROGRAMS.
THIS IS AN ISSUE THAT CAME OUT
OF A LANDMARK LEGAL DECISION
THAT FOUND LEAD PAINT COMPANIES
LIABLE FOR KNOWINGLY PROFITING
FROM PRODUCTS WITH DOCUMENT
HEALTH RISKS IN CREATING A
WIDESPREAD PUBLIC NUISANCE.
THE COMPANIES ARE CURRENTLY
REQUIRED TO PAY FOUR HUNDRED
MILLION DOLLARS INTO A LEAD
ABATEMENT PROGRAM -- THESE
LEADING COMPANIES HAVE SUGGESTED
THAT THERE ERE TWO SENTENCES IN
A ONE HUNDRED AND FORTY THREE
PAGE COURT CASE.
THAT MIGHT LEAD TO LAWSUITS
AGAINST HOMEOWNERS WHO CHOSE TO
PARTICIPATE IN THE LEAD
ABATEMENT PROGRAMS.
WHILE THOSE LAWSUITS WOULD BE
FRIVOLOUS THE THREAT OF A
LAWSUIT COULD DETER
PARTICIPATION BY THOSE HOMEOWNER
SO THIS BILL WOULD PROTECT.
PROPERTY OWNERS WHO CHOSE TO
PARTICIPATE AND LEAD PAINT
ABATEMENT.
I APPRECIATE THAT THIS BILL
SUPPORTED BY A BROAD COALITION
OF CITIES AND COUNTIES ACROSS
THE STATE.
THE CALIFORNIA APARTMENT
ASSOCIATION THE CALIFORNIA
ASSOCIATION OF REALTORS TEND
ORGANIZATIONS ENVIRONMENTAL
HEALTH ORGANIZATIONS AND
ADVOCATES AND I APPRECIATE THE
UNANIMOUS BIPARTISAN SUPPORT IN
COMMITTEE AND ON THE ASSEMBLY
FLOOR.
TESTIFY JAMIE HEALING DELAY WITH
THE SAN FRANCISCO CITY
ATTORNEY'S OFFICE AS WELL AS
TWENTY BILL HE WITH THE
CALIFORNIA APARTMENT ASSOCIATION
MISTER WHITE.
GOOD AFTERNOON YOUR OF TWO
MINUTES PLEASE THANK YOU MADAM
CHAIR MY NAME IS JAMIE HEALING
TO LAMB ADEPUTY CITY ATTORNEY
WITH THE CITY AND COUNTY OF SAN
FRANCISCO AND I'M ONE OF THE
LAWYERS REPRESENTING.
THE PEOPLE OF THE STATE OF
CALIFORNIA IN THE LEAD PAINT
LAWSUIT THAT SPURRED THE SPELL.
WE WON THIS CASE BECAUSE WE
PROVED THAT THE LEAD PAINT
COMPANIES KNOWINGLY MANUFACTURED
DISTRIBUTED AND PROMOTED LEAD
PAINT WITH THE KNOWLEDGE THAT IT
POISONED CHILDREN PERMANENTLY.
THE LEAD PAINT THAT THEY
PROMOTED A CENTURY AGO IS STILL
IN HOMES IN CALIFORNIA IN OUR
TEN JURISDICTIONS POISONING
CHILDREN EVERY DAY OVER A
THOUSAND CHILDREN ARE STILL
POISONED BY LEAD PAINT.
EVERY YEAR AND THE FOUR HUNDRED
MILLION DOLLAR JUDGMENT THAT WE
ONE REPRESENTS A ONCE AN
OPPORTUNE ONCE IN A GENERATION
OPPORTUNITY. TO READ THE STATE
OF THE SCOURGE OF RESIDENTIAL
LEAD PAINT. ONE OF THE HITCHES
WITH THE JUDGMENT IS THAT WE
HAVE FOR YEARS.
IN WHICH TO SPEND ABOUT FOUR
HUNDRED MILLION DOLLARS AND IF
WE DON'T SPEND THAT FOUR HUNDRED
MILLION DOLLARS WITH IN THAT FOR
YEARS THE REMAINDER GOES BACK TO
THE LEAD PAINT COMPANIES.
THIS CREATES AN INCENTIVE FOR
THE LEAD PAINT COMPANIES TO SUE
HOMEOWNERS IN ORDER TO
DISCOURAGE PARTICIPATION IN THE
PROGRAM WHICH IS ENTIRELY
VOLUNTARY HOMEOWNERS HAVE TO
COME TO THE TEN JURISDICTIONS
AND SAY WE WOULD LIKE TO
PARTICIPATE WE WOULD LIKE YOU TO
COME IN AND OBEYED THE LEAD
PAINT.
IN OUR HOMES WE SAW LAST YEAR
THE LEAD PAINT COMPANIES ARE NOT
ABOVE LYING TO HOMEOWNERS ABOUT
THIS JUDGMENT IN ORDER TO
DISCOURAGE THEIR PARTICIPATION.
LAST YEAR THEY WERE PAYING FOR
ADVERTISEMENTS LYING ABOUT THIS
JUDGMENT SAYING THAT IT WOULD
RED TAG HOMES THAT HOMES WOULD
BE DECLARED AND YOU SENSE.
THAT HOME THE PEOPLE WOULD BE
UNABLE TO GET MORTGAGES ALL OF
THESE ARE PATENTLY FALSE AND
IT'S PATENTLY FALSE THAT THE
LEAD PAINT COMPANIES WOULD
SUCCEED IN ANY LAWSUIT AGAINST
THE HOMEOWNERS.
BECAUSE THE LEAD PAINT COMPANIES
HAVE TAKEN TWO SENTENCES OUT OF
THIS HUNDRED AND FIFTY PAGE
COURT CASE SAYING THAT THEY
COULD BUT IN FACT THE VERY PAGE
BEFORE THAT SAYS.
THAT HOMEOWNERS WERE NOT JOINT
PORT FEES THERE'S WITH
DEFENDANTS.
YOUR TEST FOR THERE MAY BE SOME
QUESTIONS TO PHONE SURE THANK
YOU SIR NEXT WITNESS TWO MINUTES
ONLY BE WITH THE A CALIFORNIA
APARTMENT ASSOCIATION.
THE ONLY TWO ITEMS -- TO ADD IS
IT IS THE ARE THIS -- THIS BOOK
THE PROTECTION THIS BILL WILL
GREATLY ENCOURAGEMENT TO
POPULOUS PARTICIPATION IS
VOLUNTARY PROGRAM AND I'M SURE
THAT THERE'S NOT A CHILLING
EFFECT -- OF THE THREAD A
LAWSUIT.
AND THERE'S ALSO NOTHING IN THIS
BILL THAT CHANGES EXISTING LAW
AS IT RELATES TO MAINTENANCE OR
SUBSTANDARD.
CONDITIONS IT JUST HELPS ENSURE
THIS PARTICIPATION THIS PROGRAM
IN THIS FOUR YEAR PERIOD. FOR
THOSE REASONS WE ENCOURAGE HER
SUPPORT OF THIS BILL THANK YOU.
THANK YOU VERY MUCH OTHER
WITNESS GOOD AFTERNOON CHAIRED
MEMBER KATE ALLEN BEHALF OF THE
CALIFORNIA RENTAL HOUSING
ASSOCIATION ARE OVER TWENTY TWO
THOUSAND MEMBERS WE ABOUT HALF
MILLIONS THE STATE HERE IN
STRONG SUPPORT.
THANK YOU.
GOOD AFTERNOON ANNA BACK ON
BEHALF OF THE CALIFORNIA
ASSOCIATION OF REALTORS IN
STRONG SUPPORT.
THANK YOU.
MY QUEST REPRESENTING
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES IN SUPPORT
[inaudible]
THANK YOU.
FIFTH BORDERS ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF JOINT
POWERS AUTHORITIES IN SUPPORT
[inaudible]
THANK YOU.
GOOD AFTERNOON CHAIRMAN BURSTING
SHIPOWNER ON BEHALF OF THE
CALIFORNIA STATE ASSOCIATION OF
COUNTIES IN SUPPORT THANK YOU
THANK YOU -- MICHAEL RATIGAN
ABOVE THE BOARD OF SUPERVISORS
SANTA CLARA COUNTY HERE IN
STRONG SUPPORT.
THANK YOU VERY MUCH.
BEEN CHEN MEMBERS PAT RAN WITH
THEIR AND READING ASSOCIATES
REPRESENTING THE SOUTHERN
CALIFORNIA RENTAL HOUSING
ASSOCIATIONS STRONG SUPPORT
THANK YOU THANK YOU.
JEAN HARRIS HERE TODAY ON BEHALF
OF THE URBAN COUNTIES OF
CALIFORNIA THE VENTURA COUNTY
BOARD OF SUPERVISORS AND THE LOS
ANGELES COUNTY BOARD OF
SUPERVISORS IN STRONG SUPPORT.
THANK YOU.
ASHLEY WALKER WITH NASA MEN ON
BEHALF OF THE MONTEREY COUNTY
BOARD OF SUPERVISORS IN SUPPORT
[inaudible]
THANK YOU.
SUCH A HARD TIME WITH THE
WESTERN CENTER ON LAW AND
POVERTY IN STRONG SUPPORT.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
WITNESSES IN OPPOSITION.
MADAM CHAIR MEMBERS THE
COMMITTEE JOHN MOFFITT ON BEHALF
OF CALIFORNIANS FOR SAFE AND
AFFORDABLE HOUSING WHICH IS A
PROJECT OF CONAGRA AND SHERMAN
WILLIAMS.
WERE TWO DEFENDANTS IN THIS CASE --
I'LL START BY FIRST ADDRESSING
SOME OF THE THE THINGS THAT WERE
RAISED IN THE SUPPORT TESTIMONY
STIPULATED.
MY CLIENTS LOST THIS CASE THEY
ARE GOING TO PAY MONEY INTO A
FUND THE CLEANUP HOMES.
WHAT THIS BILL IS ABOUT IS WHAT
HAPPENS AFTER THAT?
YOU KNOW THEY'RE GONNA HAVE
FIRST DOLLAR IN.
THERE WAS REFERENCE TO TWO LINES
IN THE APPELLATE COURT DECISION
AND I WOULD SUGGEST THAT THOSE
TWO LINES HAVE MORE MEANING THAN --
THAN THESE FOLKS WOULD SUGGEST
BUT BEYOND THAT I THINK WE LOOK
AT CALIFORNIA STATE POLICY
TRADITIONAL TORT LAW.
THIS IS AN ACT IN EQUITY.
AND IN EQUITY IN THOSE ACTS THE
RIGHT OF CONTRIBUTION FOR OTHERS
WHO HAVE CONTRIBUTED TO THE HARM
IS A NATURAL.
IT IS PART OF THE ABILITY TO GO
AND RECOVER TO CLEAN UP THAT
HARM.
THAT IS TRADITIONAL STE
CALIFORNIA STATE POLICY IS WE
SAY ANYBODY WHO MIGHT BE
RESPONSIBLE WE'RE GONNA BRING
YOU ALL AND WE'RE GONNA GET THE
THING CLEANED UP AND THEN YOU
FIGHT AMONGST YOURSELVES AS TO
WHO PAYS FOR WHAT AND FOR HOW
MUCH.
ARE VALUE HERE IS GETTING THINGS
CLEANED UP.
WE LOST THE CASE WE ARE GOING TO
PUT FIRST DOLLAR INTO THIS FUND
TO CLEAN UP HOMES.
WHAT THIS BILL DOES IS IT TAKES
AWAY THE ABILITY FOR US TO GO
AFTER FOLKS WHO HAVE NOT
FOLLOWED THE LAW?
AND THAT'S SLUMLORDS.
WE HAVE NO INTEREST IN SUING
JOHN AND JANE SMITH Là LIVING
IN THEIR HOME.
WHETHER THEY MAINTAINED THEIR
HOME IN ACCORDANCE WITH STATE
LAW ARE NOT.
BUT THE ONLY FOLKS WHO BENEFIT
FROM THE PROVISIONS OF THIS BILL
ARE SLUMLORDS.
AND ALL THEY HAVE TO DO IS SIGN
UP.
AND AND AND THEY ARE ABSOLVED
FROM THERE.
TYPICAL STATUTORY AND TOWARD
REQUIREMENT. TO PAY FOR
CONTRIBUTION FOR WHATEVER HARM
THEY COST.
THANK YOU THE YOUR TESTIMONY.
THE FEDERAL TWO MINUTES THERE
MAY BE QUESTIONS SO WILL
ANTICIPATE THAT ARE THERE ANY
OTHER WITNESSES IN OPPOSITION.
SEEING AND HEARING NON -- WILL
BRING IT BACK TO THE DíAS I DO
WANT TO CLARIFY ONE POINT I'D
MENTION THERE WERE NO AMENDMENTS
NONE THAT.
THAT HAVEN'T ALREADY BEEN TAKEN
AND TO CLARIFY -- THAT IN
RESPONSE TO OUR CONCERNS JUST
MIGHT -- ADD ALLOW PROPERTY.
OWNERS OFF THE HOOK IMPROPERLY
OR IMPACT TENANT REMEDIES FOR
LEAD PAINT PROBLEMS THE AUTHOR
DID AGREE TO TAKE AN AMENDMENT --
THAT MAKE CLEAR THIS WAS NOT THE
CASE AND MAKES THE INTENT AND
OPERATION OF THE BILL CLEAR I
BELIEVE SAYING.
THIS SECTION SHALL NOT ALTER
EXISTING OBLIGATIONS ON
HOMEOWNERS TO MAINTAIN THEIR
PROPERTY UNDER APPLICABLES LAW.
IN OTHERWISE LIMITED TENANTS
LEGAL REMEDIES FOR ADDRESSING
THE PRESENCE OF LEAD PAINT ON A
DWELLING SO I THINK THAT
CLARIFIES.
EXACTLY WHAT WE'RE TALKING ABOUT
HERE WE'RE NOT TALKING ABOUT THE
EXISTENCE OF RATS AND PEOPLE'S
PROPERTY THIS IS A LEAD PAINT
CLEANUP BILL AND I THINK THAT IF
THERE WERE.
ANY CONFUSION THAT THIS LANGUAGE
WHICH THE AUTHOR GRACIOUSLY
AGREED TO TAKE A CLARIFIES THAT
SO.
WITH THAT ARE THERE ANY
QUESTIONS FROM DYSON -- BORCHERS.
THANK YOU MADAM CHAIR.
I THINK IT'S A MATTER POLICY
MOST IF NOT ALL FOLKS WOULD
WOULD WOULD AGREE THAT YOU NEED
TO INCENTIVIZE.
FOLKS TO PARTICIPATE IN THE
PROGRAM.
AND THIS PROGRAM -- WILL BE OF
BENEFIT TO CALIFORNIA AS A WHOLE --
I HAVE TWO LITTLE BOYS AND THE
IDEA OF CHIPPING PAINT ON IT
EVEN THOUGH I DON'T THINK THAT
THEY'RE EXPOSED.
GIVEN THE HISTORICAL-- THREATS --
BYE BYE LE BASED PRODUCTS IT'S
STILL SOMETHING THAT YOU NEED BE
MINDFUL OF SO I THINK IT'S A
MATTER POLICY.
THIS IS A GOOD THING.
I HAVE A COUPLE QUESTIONS THOUGH
ON SOME POINTS RAISED BY THE
OPPOSITION SO.
IF THE IF HOMEOWNERS -- OR
PROPERTY OWNERS PARTICIPATE IN
THIS PROGRAM DO THEY HAVE TO
COMPLETE THE REMEDIATION.
OUR THROUGH THIS PROGRAM TO BE
LEGALLY ABSOLVED HIM PROTECTED.
THROUGH THE CHAIR PLEASE SIR.
THREE NO YOU YOU YOU CAN YOU CAN
APPLY TO BE PART OF THE PROGRAM
YOU CAN GO THROUGH PART OF THE
PROGRAMYOU CAN COMPLETE THE
PROGRAM BUT HE WOULD HAVE
IMMUNITY FOR THE TIME PERIOD IN
WHICH YOU ARE PARTICIPATE IN THE
PROGRAM WE TO FIND.
THAT TO BE PARTICIPATING IN ANY
PART OF THE PROGRAM.
IS THAT SEEM [inaudible]
ADEQUATE.
SO IF I'M A PROPERTY OWNER AND I
HAVE.
SOME CONCERNS AND I JUST TAKE MY
SWEET TIME.
IN GOING THROUGH AN ABATEMENT A
REMEDIATION PROGRAM BUT I AM
ABSOLVED FOR THE DURATION.
THAT I AM MAKING EFFORTS.
DOES THAT SEEM LIKE IT GOES FAR
ENOUGH.
SO WE COULD SAY THAT THE
IMMUNITY THAT WERE ESTABLISHING
WITH THIS BILL IS VERY NARROW IT
IS ONLY LIMITED TO LAWSUITS
AGAINST OWNERS AND PUBLIC
ENTITIES THAT ARE SEEKING TO
RECOVER COSTS ASSOCIATED WITH
THE ABATEMENT PROGRAMS.
BUT THEY'RE STILL EXPOSED TO
OTHER POTENTIAL LIABILITY AND SO
I WOULD.
I I I I DO UNDERSTAND THE
OPPOSITION'S TRYING TO SUGGEST
THAT SOMEHOW LEAVE THINGS OPEN
TO SLAM ARTS AND AND LET ME JUST
SAY.
I FOR ONE I DON'T THINK THERE'S
ANYONE WORKING ON THIS BILL.
THAT WOULD WANT TO DEFEND THE
ABILITY OF SOME WORDS TO RECEIVE
ANY MORE PROTECTION.
THAN THEY SHOULD.
ALL WE'RE SAYING IS THERE IS A
POT OF MONEY AND WE WANT TO HAVE
MAKE PEOPLE.
MAKE THIS PART OF MONEY
AVAILABLE TO THE PUBLIC WE DON'T%
WANT TO SCARE OFF POTENTIAL
INDIVIDUALS BECAUSE WHAT THE
PAIN COMPANIES ARE SAYING IS
THAT THEY ARE GOING TO BRING.
LAWSUITS AGAINST HOMEOWNERS THAT
TAKE ADVANTAGE OF THIS AND THE
REASON WE PUT IN THE LANGUAGE
THAT.
THE CHAIR ONE IN THIS COMMITTEE
HAD PUT FORTH IS TO MAKE IT
ABUNDANTLY CLEAR THAT THE
SLUMLORDS A MISTER MOFFETT IS
REFERRING TO WOULD NOT BE
PROTECTED UNDER OUR BILL.
THIS SECTION SHALL NOT ALTER
EXISTING OBLIGATIONS OF
HOMEOWNERS TO MAINTAIN THEIR
PROPERTY UNDER APPLICABLE LAW OR
OTHERWISE LIMIT ATTENDANCE LEGAL
REMEDIES -- WE WANNA MAKE
ABUNDANTLY CLEAR THAT THE VERY
LIMITED IMMUNITY IS REALLY TO
PROTECT INDIVIDUALS THAT WANT TO
TAKE ADVANTAGE OF THIS
PARTICULAR PROGRAM BECAUSE IF WE%
DON'T.
THE OPPOSITES GONNA HAPPEN THE
FORMER MILLION DOLLARS IS GOING
TO SIT THERE NO ONE IS GOING TO
TAKE ADVANTAGE OF IT AND THEN
ALL THIS AND WE'RE GONNA BE BACK
TO WHERE WE STARTED.
ME COULD GO AHEAD AND IF -- I'M
TRYING TO REFINE TO MAKE CERTAIN
I UNDERSTAND BECAUSE THEIR LIVES
OF I'M SUPPORTIVE I'M JUST
TRYING TO MAKE CERTAIN THAT I'D.
APPRECIATE.
OF THE POLICY THAT WE'RE MOVING
ON TODAY.
SO A PROPERTY OWNER THAT
PARTICIPATES IN THIS PROGRAM.
SURE WHEN WILLIAMS BY EXAMPLE
TRIES TO COME AFTER THEM.
BUT THEY HAVEN'T DONE ANYTHING.
EXCEPT REGISTERED TO BE PART OF
THIS ABATEMENT PROGRAM.
THEY'RE PROTECTED BUT THEY DON'T
HAVE TO COMPLETE THE ABATEMENT.
IN THEIR STILL GIVEN
[inaudible]
DE.
EXEMPTION FROM LIABILITY IS THAT-CORRECT SO IF I COULD JUST AND
CLEAR AGAIN THE FIRST SECTION OF
THIS OF THIS BILL SAYS A
RESPONSIBLE PARTY IF.
IF THERE'S A LAWSUIT WERE
RESPONSIBLE PARTIES SEEKING TO
RECOVER COSTS ASSOCIATED WITH
THE LEAD PAINT MEANT ABATEMENT
PROGRAM.
SO IT'S RELATED TO THE PROGRAM
WE'RE NOT SAYING OTHER THINGS
FOR SAN RELATED TO THE PROGRAM.
SO IN IN THE CIRCUMSTANCE THAT
YOU BROUGHT UP WHAT WOULD HAPPEN
IS SHERMAN WILLIAMS WOULD WANT
TO SEE THAT HOMEOWNER BECAUSE
THE HOME OWNER RECEIVED SOME
BENEFIT FROM THE FOUR HUNDRED
MILLION DOLLAR SAY. TEN THOUSAND
DOLLAR WAS WAS SPENT ON THEIR
HOME SURE WILL MILLIONS IS SUING
THEM TO SAY YOU'RE RESPONSIBLE
FOR FIVE THOUSAND DOLLARS OF
THAT YOU NEED TO PASS FIVE
THOUSAND DOLLARS BACK THAT WE
PUT INTO THE FOUR HUNDRED
MILLION DOLLAR POT.
IF A HOMEOWNER JUST SIGNED UP
FOR THE PROGRAM AND NEVER
ACTUALLY.
RECEIVED A TEN THOUSAND DOLLARS
OF ABATEMENT THEN THERE WOULD BE
NO GROUNDS FOR THE SUIT BECAUSE
THERE WOULD BE NO FUNDS FOR SURE
WILLIAMS TO SEE TO GET BACK.
SO.
IF A LOOK AT THE CHILD.
INGESTED A CHIP MAN GOT SICK IN
THE PROPERTY OWNER.
ODD THAT IS RESPONSIBLE FOR THAT
PROPERTY -- SHARON WILLIAMS
TRIES TO SUE NOT FOR THE
COLLECTION OF THE DOLLARS
ASSOCIATED WITH THE ABATEMENT
BUT SOME SORT OF PERCENTILE
OBLIGATION AND RESPONSIBILITY
THAT THEY HAVE.
ARE YOU SAYING THIS PROTECTS
SUMMER DOESN'T PROTECT.
THAT CIRCUMSTANCES NOT ADDRESSED
BY THE BILL THAT'S LIKE A
TOTALLY DIFFERENT PERSONAL
INJURY LAWSUIT THAT HAS NOTHING
TO DO WITH WHO PAID INTO THIS
FUND OR GOT MONEY OUT OF THIS
FUND BUT NOT IS THAT THEY WOULD
NOT BE PROTECTED IN THAT
SITUATION I THINK THAT.
THE LANGUAGE WE PUT IN THEIR
CLARIFY SAID SO ALL THAT THIS
BILL DOES IS IT REFERS TO IF
PEOPLE DO ACTUALLY ACCESS MONEY
FROM THIS FUND FOR ABATEMENT
PURPOSES.
THAT MONEY COMES OUT OF THE SURE
WHEN WILLIAMS OR WHOEVER THAT
THE DEFENDANTS ARE WHAT TO PUT
THE MONEY AND THEY HAVE TO THEY
WILL.
BE REQUIRED TO PAY THAT MONEY
AND THEY THEN CANNOT TURN AROUND
ANDSUE TO GET THE MONEY BACK.
HAVING FOR THAT PURPOSE.
ALL RIGHT NEXT -- THE REBEL
POSES -- TO TO THE OPPOSITION --
SOMETIMES WHEN INDIVIDUALS--
ARE ARE SUED THEY JUST PICKED
THE RIGHT PLACE FOR IT AND SAID
LOOK SOUNDS AS IF YOUR CLIENTS
WERE THE RIGHT THIS FRUIT
CONAGRA AND SHERMAN WILLIAMS --
THOSE ARE THE TWO ENTITIES
DEEMED RESPONSIBLE FOR AN
INDUSTRY WIDE PROBLEM.
THE SITUATION THAT YOU'RE
CONFRONTING.
ES BEARING ALL THIS WEIGHT.
IS HOW EXACTLY YOU GO OUT.
AND TRY TO DRAW FOLKS INTO A
DRAGNET TO SHARE ON THAT
RESPONSIBILITY THOSE SUCCESSOR
ENTITIES THAT HAD PREDECESSORS
WHO WERE INVOLVED IN THE LEAD
PAINT INDUSTRY.
WAY BACK IN TIME IS THAT IF.
A FAIR ASSESSMENT OF WHERE
YOU'RE AT I WOULD SAY THAT THE
ISSUE THAT WE FACE IN THIS BILL.
IS THAT YOU KNOW AND AND TO SOME
EXTENT ALL AGREE WITH WITH THE
FOLKS WHO.
YOU KNOW WHO THE STATEMENTS THAT
WERE JUST MADE.
WE HAVE NO INTEREST IN IN SUING
HOMEOWNERS LIVING IN THEIR HOMES
WHO HAVE FOLLOWED THE LAW.
THERE'S THERE'S NO LAWSUIT THERE
THERE'S NO CONTRIBUTION ACTION
THERE AND IF THE BILL WAS
LIMITED JUST TO THAT.
I DON'T THINK WE WOULD HAVE AN
ISSUE.
BUT WHAT THE BILL ACTUALLY DOES
IS IT SAYS A SLUM LORD WHO HAS
THUMB THEIR NOSE AT THE LAW.
DID CONTRIBUTE TO THE HARM.
IS ABSOLVED FROM ANY FINANCIAL
LIABILITY FOR DOING SOMETHING
THAT CURRENT LAW WOULD REQUIRE
THEM TO DATE AND THAT IS WHAT
THE LAW SAYS SO WE'RE GOING TO
WE'RE GOING TO MOVE ON I THINK
WE'VE ESTABLISHED WHAT THE LAW
DEALS WITH.
WE'RE NOT GOING TO GO BACK AND
RE LITIGATE THE CASE YOU FOLKS
LOST THE CASE WHAT WE'RE TALKING
ABOUT NOW IS THAT FUND THAT IS
AVAILABLE AND IT'S AVAILABLE FOR
A VERY LIMITED SPECIFIC PURPOSE
IT'S AVAILABLE ONLY TO THOSE WHO
ACCESS THE FUN. TO DO ABATEMENT
IF THEY ONLY ACCESS TO TO THE
TUNE OF TWO THOUSAND DOLLARS
WHEN IT'S A TEN THOUSAND DOLLAR
CLEANUP.
THEY ARE ENTITLED TO THE TWO
THOUSAND DOLLARS AND THE THANK
COMPANIES CANNOT THREATEN TO SUE
THEM EITHER FOR THAT MONEY OR
FOR ANY ADDITIONAL MONEY SO I
THINK THAT THAT IS WHERE WE'RE
AT WE'RE NOT GOING TO RE
LITIGATE THE OTHER SHORE ONLY GO
TO ADDRESS THE BILL AT HAND.
AND FOR THE THIRD TIME THAT
AMENDMENT THAT THE ASSEMBLY
MEMBER TOOK I THINK CLARIFIES
THE LIMITATIONS AND THE LIMITED
SCOPE.
OF THIS BILLS WILL GO ON TO
MISTER STIR.
THANK YOU MADAM CHAIR.
THANKS FOR CONTINUOUS LOG WITH
THIS ISSUE -- WE WERE IN AND
SORT OF STATE OF UNCERTAINTY OF
THE END OF LAST SESSION AND I
WANTED ON THE ONE HAND I'M I'M
GLAD THE LITIGATION WORKED OUT-THE WAY IT DID BECAUSE WE DO
HAVE SOME CERTAINTY NOW AND
EVERYONE WAS SCARED FRANKLY
INVENTOR COUNTY IN LA IN BACK.
HOME AND I DO I RESENT THE
THREATS THAT WERE.
LEVIED AT THE END OF SESSION.
MY BIGGEST CONCERN IS THAT FOR
UNDER MILLIONS OUT ENOUGH.
UNDER THE SCOPE OF THE PROBLEM
IS BIGGER AND I KNOW THAT THAT
SORT OF THE NATURE OF LITIGATION
AND SETTLEMENTS.
I'M WONDERING I'M MUCH LESS
INTERESTED WITH ALL DUE RESPECT
TO THE OPPOSITION MUCH LESS
INTERESTED IN.
A MECHANISM FOR REIMBURSING
THEIR LIABILITY THAT THAT'S A
THAT'S A NON STARTER BUT BUT THE
THE IDEA THAT.
THERE COULD BE OTHERS LIABLE OUT
THERE -- AND THAT THAT COULD
ACTUALLY SUPPLEMENT THE FUND
HAVE YOU HAVE YOU GIVEN ANY
THOUGHT TO THAT I KNOW I JUST.
I WE WERE POKING AROUND BEFORE
THE HEARING IN JUST.
BRAINSTORMING LIKE [inaudible]
THE THE THE AMENDMENT DE THAT
THE COMMITTEE ADDED THAT ALLOWS
FOR TENANTS LEGAL REMEDIES FOR
ADDRESSING PRESENCE OF OF LEAD
PAINT.
BUT IF THERE WERE SOME OTHER
MECHANISM BEYOND JUST THE
TENANTS SEEKING THAT RECOURSE.
AND TRYING TO GET BACK TO GO
INTO EITHER A LOCAL JURISDICTION
OR THE FUND OVER ALL -- FROM
SORT OF ADDITIONAL BAD ACTORS
OUT THERE IS THAT SOMETHING YOU
GUYS OF THOUGHT ABOUT IT ALL IS
THERE SOME WAY.
TO GO FURTHER IN OTHER WORDS NOT
JUST LIMIT IS THE FOUR HUNDRED
BUT THEN SAY -- AS A UP A
PROPERTY OWNER WHO IS NOT TAKING
CARE OF WHAT THEY NEED TO TAKE
CARE OF IF THEY WOULD BE LIABLE
FOR THOSE EXPENSES AND THEN THAT
WOULD THEN SUPPLEMENT.
WHAT THE BOOK?
WE BE ARTICULATING HERE AS WELL
AS IN THE LITIGATION.
YOU GUYS THOUGHT ABOUT THAT IDEA
I THINK I ANSWER THE QUESTION --
IN THE FLY AWAY WHICH IS YOU AND
I AND CENTER HERTZBERG AND OTHER
COLLEAGUES OF MINE THE ASSEMBLY
WE SPENT SOME TIME LAST YEAR
TRYING TO MEDIATE BETWEEN.
THE TWO SIDES OF THIS ISSUE AND
I THINK.
THE QUESTION OF WHETHER WE COULD
BROADEN THE POT INVOLVE MORE --
MORE INDIVIDUALS IN THIS -- HELP
MORE INDIVIDUALS AND THEN THE
JURISDICTIONS THAT ARE
REPRESENTED BY THE PLAINTIFFS IS
SOMETHING I THINK WE WOULD ALL
WANT.
GIVEN THE CHALLENGES OF
LITIGATION -- THAT HAVE LASTED
FOR TWENTY YEARS AS A LEAD PAINT
COMPANIES WERE FIGHTING THIS OFF --
WE WERE UNABLE TO GET TO A PLACE
I FOR ONE WOULD BE OPEN TO
THINKING IF THERE WAS UP A
BROADER OPPORTUNITY BUT I THINK
THAT'S THAT'S NOT THE QUESTION
WE HAVE IN FRONT OF US WITH THE
BILL.
THE QUESTION WE HAVE
INFORMACIóN THE BILL IT IS IT
IS LIKELY IN THE NEXT COUPLE OF
MONTHS THERE WILL BE A COURT
SETTLEMENT AND THE CLOCK WILL
START TAKING THERE WILL BE FOR
YEARS. TO SPECIFIC FOR FOR FOR
HOMEOWNERS TO AVAIL THEMSELVES
OF A LEAD PAINT ABATEMENT FUND
AND IF THEY DON'T DO THAT THAT
MONEY WILL REVERT BACK TO THE
COMPANIES.
THAT FOR DECADES KNOWINGLY
PROFITED OFF A POISONING KITS
AND IN THAT INSTANCE WE WANT TO
ENSURE.
THAT HOMEOWNERS.
BELIEVE THEY'RE NOT ABOUT TO GET
SUED BY THE COMPANIES THAT ARE
REPRESENTED BY THE OPPOSITION
TODAY BUT TO YOUR POINT IF WE
COULD HAVE A BROADER
CONVERSATION I WILL SUITABLE
SITES I'M OPEN IN THAT
CONVERSATION WE GET THERE BUT
THAT ISN'T THE BILL AND I
APPRECIATE YOUR CONCERN I
APPRECIATE.
THE DISCUSSION THAT THE BILL
BEFORE US IS ON A VERY LIMITED.
SET OF FACTS AND OF THE
RESOLUTION THAT WE ANTICIPATE --
OVER THE NEXT FEW WEEKS SO MY
ONLY POINT MADAM CHAIR WAS THAT
THE THE THE LIMITATION ON
LIABILITY MAY KEEP.
POTENTIAL CONTRIBUTIONS -- OFF
THE TABLE THAT WE COULD
OTHERWISE BE ADDING TO THIS FOUR
HUNDRED MILLION THAT'S THAT'S
THAT'S THE CONCERN SO SO WITHIN
THE NARROW SCOPE OF THE BILL.
I GET WE DON'T WANT.
OPEN ANY LITIGATION PREDATORY
LITIGATION WAYS TO KEEP PEOPLE
OUT OF THE PROGRAM BUT IF IF WE
WERE ABLE TO GO.
AND FIND OTHER BAD ACTORS AND
AND AND SORT OF KEEP THEM WITHIN
THE SCOPE OF DE THAT YOU ADDED.
AND MAKE SURE THOSE LEGAL
REMEDIES COULD STILL CONTRIBUTE
A BROADER FIND ANYWAY I CAN BE A
CONTINUED CONVERSATION THANK
YOU FOR THAT INDULGENCE
CERTAINLY.
ARE ANY OTHER QUESTIONS.
ALL RIGHT -- CAN WE TAKE THAT AS
YOUR CLOTHES OR WOULD YOU LIKE
TO FOLLOW UP THINK YOU'VE MADE
YOUR POINT BUT FEEL FREE I'D I'D
I THINK I'VE MADE A POINT A VERY
MUCH APPRECIATE THE COMMITTEE'S
CONSIDERATION OF THIS THIS HAS
BEEN.
A LONG STANDING ISSUE AND AGAIN
AS WE SAID BEFORE WE'RE TRYING
TO JUST INSURE A VERY NARROW CAR
ABOUT UP FROM UNITY FOR
HOMEOWNERS THAT TAKE ADVANTAGE
OF THIS SO THAT THEY DON'T --
BEAR THE RISK OF POTENTIALLY
BEING SUED ONE LAWSUIT AGAINST
ONE HOMEOWNER COULD HAVE
ENORMOUS REPERCUSSIONS OF THE
NEXT FOUR YEARS AND THAT'S WHAT
WE'RE TRYING TO VOTE HERE
WITHOUT RESPECTFULLY ASK FOR
YOUR SUPPORT.
THERE IS A MOTION BY SENATOR WHY
CAO SKI IN THE MOTION IS TO
PASSED THE SENATE HE Q..
N. WITH THAT MADAM SECRETARY
PLEASE CALL THE ROLL JACKSON
HIGH JACKSON AYE BORDERS.
BORDERS AYE ALLEN.
ALLEN AYE CABALLERO CABALLERO
AYE JONES.
JONES I AM MONNING.
MONEY AYE STERN.
STERN I AM BURKE.
BY CASKEY I GUESS HE I THANK YOU
CENTER SITE THAT THE BILL HAS
EIGHT VOTES WE WILL HOLD THE
ROLL OVER FOR OUR ABSENT MEMBER
THANK YOU CENTER THANK YOU FOR
YOUR TESTIMONY.
AND WE WILL MOVE ON NOW TO OUR
NEXT ITEM WHICH IS.
FILE ITEM THREE BY ASSEMBLY
MEMBER.
RAMOS.
THAT IS AB [inaudible]
ELEVEN TWENTY THREE GOOD
AFTERNOON.
AFTERNOON MADAM CHAIR
[inaudible]
AND MEMBERS.
I PRESENT TO YOU AT ELEVEN
TWENTY THREE WHICH ENSURES THAT
THE ATTORNEY GENERAL IN HIS
OFFICE RECEIVE NOTICE OF PROP
SIXTY FIVE APPEALS.
PROP SIXTY FIVE THE SAFE
DRINKING WATER AND TOXIC
ENFORCEMENT ACT OF NINETEEN
EIGHTY SIX REQUIRES A BUSINESS
THAT EXPOSES CONSUMERS TO
CHEMICALS LISTED.
ARE AS CARCINOGENS OR REPPERT
REPRODUCTIVE REPRODUCTIVE
TOXICANTS MUST FIRST PROVIDE
CLEAR AND REASONABLE WARNING.
IN ACCORDANCE WITH PROP PROP
SIXTY FIVE PRIVATE CITIZENS CAN
ENFORCE THE STATUTE IN THE
PUBLIC INTEREST. TO COMPLY THE
CITIZENS MUST BEEN SENT A NOTICE
TO AN ALLEGED VIOLATOR AND TO
THE AG'S.
OFFICE ADVISING OF THE ALLEGED
VIOLATION.
PRIVATE ENFORCERS MUST ALSO
REPORT TO THE AG'S OFFICE WHEN
THEY FILE A COMPLAINT OR
SETTLEMENT.
THESE REQUIREMENTS ALLOW THE
ATTORNEY GENERAL TO EVALUATE
CLAIMS THAT ASSURE THE PRIVATE
ENFORCERS CLAIMS HAVE MERIT.
AND THAT PRIVATE LAWSUITS AND
SETTLEMENTS ARE IN THE BEST
INTEREST OF THE PUBLIC.
HOWEVER.
THERE IS NO REQUIREMENT THE
PRIVATE ENFORCERS ARE DEFENDANTS
REPORT.
ON ANY OF THESE PROP SIXTY FIVE
ACTIVITIES. TO THE ATTORNEY
GENERAL INCLUDING ONE IN THE
PEEL IS FILED.
AS A RESULT THE DEPARTMENT OF
JUSTICE MAY BE UNAWARE OF
PENDING.
AND THE COURT OF APPEALS ARE
FREQUENTLY ASKED TO PINE ON THE
LONG WITHOUT THE BENEFIT OF THE
ATTORNEY GENERAL'S INPUT.
RISKING A PRESIDENTIAL DECISION
DAMAGING THE ATTORNEY GENERAL'S
AUTHORITY TO ENFORCE THE LAW.
AB ELEVEN TWENTY THREE OFFERS A
DEPARTMENT OF JUSTICE THE
OPPORTUNITY TO PARTICIPATE IN
ANY LITIGATION.
THAT COULD ESTABLISH STATEWIDE
PRECEDENT REGARDING THE
INTERPRETATION OR APPLICATION OF
PROP [inaudible]
SIXTY FIVE IT'S ONLY.
APPROPRIATE THAT THE ATTORNEY
GENERAL'S OFFICE BE AWARE OF
APPEALS REGARDING PROP SIXTY
FIVE AND HERE TO TESTIFY IN
SUPPORT OF THE BILL IS MARIO THE
BUT NOT THE WITH THE ATTORNEY
GENERAL'S OFFICE.
THANK YOU GOOD AFTERNOON GOOD
AFTERNOON AS CHAIR MARIO
DIBERNARDO HERE ON BEHALF OF
ATTORNEY GENERAL HOBBY OF THE
CERAS PLEASED TO SPONSOR THIS
BILL.
THIS IS A SIMPLE BILL REQUIRES
UP -- PRIVATE ENFORCERS WHO
APPEAL A PROP SIXTY FIVE CASE TO
PROVIDE NOTICE THE ATTORNEY
GENERAL WHEN THEY'RE FILING THAT
APPEAL.
WE DO OUR BEST TO FOLLOW PROP
SIXTY FIVE APPEALS -- BUT
OCCASIONALLY SOME FALL UNDER THE
RADAR AND THE REALITY IS THAT
NOT ALL PRIVATE ENFORCERS ARE
THE THE BEST ATTORNEYS AND THEY
MAY MAKE ARGUMENTS THAT COULD
HARM STATE INTERESTS AND SO IF
WE'RE NOT ENGAGE IN THOSE
PROCEEDINGS.
AND HAVE THE ABILITY TO FILE AN
AMICUS BRIEF TO HELP GUIDE THE
THE DECISION OFTENTIMES THERE
COULD BE AN ADVERSE DECISION --
TO THE STATE AND AND TWO RECENT
CASES WE HAD TO PETITION FOR D.
PUBLICATION.
SO INSTEAD OF DEALING WITH IT ON
THE BACK AND WE'D LIKE TO DEAL
WITH IT ON THE FRONT AND BY
HAVING THIS NOTICE ARE VERY
SIMILAR PROVISIONS IN THE
DISABILITY LAWS UNFAIR
COMPETITION SEQUEL AND FALSE
CLAIMS IN THIS ESSENTIALLY DOES
THE SAME THING.
THAT THOSE PROGRAMS -- PROVIDE
SO WTH THAT WOULD RESPECTFULLY
ASK YOUR AYE VOTE THANK YOU
THANK YOU VERY MUCH ARE THERE
ANY OTHER WITNESSES HERE IN
SUPPORT.
ARE THERE ANY WITNESSES HERE IN
OPPOSITION.
MARCHING IN HEARING NONE WILL
BRING IT BACK TO THE DYESS ANY
QUESTIONS.
WE HAVE A MOTION BY SENATOR
MONNING THE BILL.
OF ALRIGHT THE MOTION IS TO PASS
TO US SENATE E. Q. WOULD YOU
LIKE TO CLOSE.
RESPECTFULLY ASK FOR YOUR AYE
VOTE WELL DONE ALL RIGHT WITH
THAT.
MADAM SECRETARY PLEASE CALL THE
ROLL.
JACKSON HI JACKSON I BORDERS.
ALLEN.
ALLEN AYE CABALLERO CABALLERO
AYE JONES.
MONNING.
MONEY AYE STERN.
STERN I AM BURKE.
WAKE OUT NUMBERED I Y. CASKEY
BECAUSE HE I ALL RIGHT THAT
SEVEN THIS YEAR WE WILL HOLD THE
ROLE FOR FOR THE ABSENT MEMBERS
THANK YOU SO MUCH FOR YOUR
PRESENTATION AND TAUGHT WE WILL
MOVE NOW.
TO OUR NEXT ITEM WHICH IS FILE
ITEM [inaudible] NINE ASSEMBLY
COMMITTEE ON THE JUDICIARY AB
EIGHTEEN TWENTY ONE GOOD
AFTERNOON SENATOR STONE.
FILE ITEM [inaudible]
NINE AND MY UNDERSTANDING THERE
ARE NO AMENDMENTS PROPOSED AND
THERE'S NO OPPOSITION TO THE
BILL SO THE FLOOR IS YOURS.
THANK YOU.
MADAM CHAIR AND SENATORS THIS IS
A BIT OF A CLEAN UP BACK IN
NINETEEN SEVENTY FIVE GERALD
FORD'S F. T..
C. PROPOSED AND IMPLEMENTED WITH
A CALL THE HOLDER RULE.
SO THAT THE HOLDER OF A
FINANCING CONTRACT FOR A AN ITEM
THAT WAS SOLD TO A CONSUMER BUT
AN ITEM THAT WAS SOLD UNDER
FRAUDULENT TERMS.
THE HOLDER OF THAT.
FINANCING WOULD ALSO BE LIABLE
FOR THAT FOR THAT FRAUDULENT
SALE SO FOR EXAMPLE.
A LEMON VEHICLE.
HAVING FLOOD DAMAGE SO BY USED
CAR SALES PERSON.
THAN THAT.
FINANCING AGENCY WOULD BE
ACCESSIBLE BY.
THE VICTIM OF THAT CRIME -- OR
OF OF THAT FRIED WHAT THIS DID
WAS IT INSURED THAT THERE WAS A
REMEDY IN THE CASES WHERE FLY BY
NIGHTERS SMALLER.
FRAUDULENT SELLERS WENT OUT OF
BUSINESS AND THE FINANCING
COMPANIES THAT WORK VERY HARD TO
MAKE SURE THAT THEY WERE ONLY
DEALING WITH RAPPER REPUTABLE
VENDORS.
WHAT HAPPENED LAST YEAR THIRD
THIRD DISTRICT COURT OF APPEALS?
TURN THIS AROUND AND INTERPRETED
THE HOLDER RULE TO REQUIRE THAT
ATTORNEYS FEES BE PAID OUT OF
THAT SETTLEMENT WHICH MEANS NOW
IT'S GOING TO BE VERY DIFFICULT.
FOR ANYONE TO FIND TOURNEY BEING
WILLING TO TAKE UP THAT CASE SO
THIS BILL DOES IS IT RESETS.
THE THE RULE TO HOW IT HAD BEEN
INTERPRETED AND HOW DID BEEN
USED IN CALIFORNIA FOR FORTY
SOME ODD YEARS AND THIS IS A
CONSUMER PROTECTION VEHICLE THAT
WE WOULD LIKE.
TO PUT BACK THE WAY IT WAS
INTENDED TO BE DONE AND WITH
THAT I RESPECTFULLY ASK FOR
NEIGHBORHOODS THANK YOU VERY
MUCH WITNESSES IN SUPPORT NO
WHICH IS GOOD.
THE YES VERY GOOD -- MY NAME IS
LYNN HARRIS I'M HERE MY WIFE
CRYSTAL IN OUR THREE CHILDREN WE
LIVE IN BAKERSFIELD I'M A
VETERAN OF THE UNITED STATES
NAVY CURRENTLY WORKING AS A
MAINTENANCE MECHANIC UP --
PEPSICO.
WHEN YOUR GOAL CRYSTAL IN -- IN --
WINTER CAR DEALERSHIP EXPRESS
AUTO SALES IN BAKERSFIELD WE
BOUGHT A TWO THOUSAND THREE
CHEVY SUBURBAN 460-003-0050
DOLLARS.
WE MADE A DOWN PAYMENT OF EIGHT
HUNDRED FIFTY A FINE AS THE REST
DEALERSHIP TOLD US THAT THEY
WOULD REGISTER THE SUBURBAN WITH
THE DMV AND SEND US A PERMIT
LICENSE -- LICENSE PLATES WE PAY
THE DEALERSHIP A DOCUMENT.
FEE AND REGISTRATION FEE AND
THEY WERE SUPPOSED TO TAKE CARE
OF COMPLETING THE REGISTRATION
PROCESS IN THE MEANTIME TO GIVE
US A TEMPORARY STICK WITH THE
VEHICLE.
IDENTIFICATION NUMBER PLACED IN
THE LOWER RIGHT HAND SIDE OF THE
WINDSHIELD AND PLATES WITH THE
JUST THE NAME OF THE DEALERSHIP.
MONTHS WENT BY AND WE STILL
DIDN'T GET THE PERMANENT LICENSE
PLATES WE CALL THE DEALERSHIP
OVER AND OVER AGAIN BUT NO
ANSWER -- THEY DIDN'T ANSWER THE
PHONE.
FINALLY WE CALL THE BANK THAT
THE DEALERSHIP GOT TO OUR GOT TO
FINANCE OUR LOAN AND THAT WE'VE
BEEN PAYING EVER SINCE WESTLAKE
FINANCIAL.
THE BANK TOLD US THE DEALERSHIP
WENT OUT OF BUSINESS IN MARCH
TWO THOUSAND EIGHTEEN THREE
MONTHS BEFORE WE EVEN BOUGHT THE
CAR.
WHY DID THE FINANCE ALONE MADE
BY THE DEALERSHIP THAT WAS OUT
OF BUSINESS THE BANK TOLD US THE
TO SIGN US BUT -- SIGNED OVER
POWER OF ATTORNEY SO THAT THEY
CAN GET THE CAR REGISTERED IN
SENATE'S PERMANENT PLATES SO WE
DID BUT THEN THEY TOLD US THAT
THE IT COULD TAKE UP TO TEN
MONTHS FOR DMV TO PROCESS THE
DOCUMENTS.
WORST OF ALL I WHEN I WHILE I
WAS DRIVING TO WORK RECENTLY THE
SIEGE BE PULLED ME OVER.
THEY NOTICED THAT I WAS DRIVING
WITH TEMPORARY STICKER THAT HAD
EXPIRED AND MY CAR WAS IMPOUNDED.
THE SIEGE BE ALSO SAID THAT
THERE WAS OVER A YEAR OF BACK
FEES ALL TO THE DMV THAT EXPRESS
AUTO SALES NEVER PAID.
THEY SAID WE HAD TO PAY THE DMV
THOSE EXTRA FEES BEFORE THEM
FROM BEFORE WE EVEN BOUGHT THE
CAR BEFORE IT WOULD BE
REGISTERED IN OUR NAMES WE CAN
AFFORD TO PAY DMV.
THOSE UNEXPECTED FEES THAT WERE
DISCLOSED WHEN WE BOUGHT THE CAR
ON TOP OF WHAT WE ALREADY PAINT
WE'RE WE'RE READING.
IN THE BANK I CAN'T AFFORD TO
PAY THE HEFTY IMPOUND FEES WHICH
ARE HUNDREDS OF DOLLARS I ALSO
CAN GET THE CAR OUT OF IMPOUND
BECAUSE I'M NOT THE REGISTERED
OWNER.
EVEN IF I GOT THE CAR OUT OF
IMPOUND I COULDN'T AFFORD TO GET
IT REGISTERED SO I MAY GET
PULLED OVER OR TAKE IT AGAIN.
MEANWHILE I HAVE TO KEEP PAYING
WESTLAKE FINANCIAL ANOTHER
TWENTY FIVE HUNDRED DOLLARS OR
ELSE MY CREDIT WILL BE RUINED IN
A REPOSSESSION STAYS ON A CREDIT
REPORT FOR SEVEN YEARS AND CAN
BE A VERY TO GET ANOTHER CAR
BETTER JOB OR HOUSING.
THIS YEAR'S HARDSHIP FOR ME AND
MY FAMILY TO BE WITHOUT A CAR
THERE.
THERE'S A VERY LITTLE PUBLIC
TRANSPORTATION IN BAKERSFIELD MY
KIDS ARE IN SCHOOL AND I THAT
ARE MISSING OUT ON EXTRA
CURRICULAR ACTIVITIES BECAUSE WE
CAN'T GIVE THEM RIDES.
I NEEDED THE CARD TO GET TO WORK
AND I'M ALSO TAKING COLLEGE
COURSES -- LIST I THINK WE GET
THE GIST YES.
IF YOU WERE.
GIVEN A VERY BAD DEAL AND MY
HOPE IS COURSE WHEN PEOPLE.
GO OUT OF BUSINESS SOMETIMES
IT'S HARD TO CHASE THEM SO THEY
ARE.
NOT NECESSARILY THE RIGHT POST
DEFENDANT BUT THEY ARE CERTAINLY
THE GUILTY A STAND IT'S VERY
DIFFICULT. TO TO GO AFTER THEM --
BUT THE A GOOD LAWYER I WOULD
SUSPECT COULD TRY TO PIERCE ANY
KIND OF CORPORATE FAIL YOU
CERTAINLY GOOD INSTANCES OF
FRAUD AND MISREPRESENTATION.
BUT CLEARLY I UNDERSTAND WHAT
YOU'RE SUGGESTING WITH THIS BILL
AND I I KNOW ON BEHALF OF ALL OF
US WERE.
DEEPLY SADDENED THAT YOU HAD TO
GO THROUGH THIS BUT YOUR
TESTIMONY AND YOUR BEING HERE AS
WELL.
OTHER ANY OTHER WITNESSES IN
SUPPORT.
MADAM CHAIR MEMBERS ROSE MERRY
SHE HAND BE HAVE A CONSUMERS
WERE I TO RELIABILITY AND SAFETY
WE GREATLY APPRECIATE ASSEMBLY
MEMBER STONE'S LEADERSHIP IN
OFFERING THE BILL AND ASK FOR
YOUR SUPPORT.
THANK YOU AND ALWAYS A PLEASURE
TO SEE YOU MISTER IN.
AFTERNOON WITH THE WESTERN
CENTER IN SUPPORT THANK YOU
JANUARY TEARS ON BEHALF OF THE
CONSUMER FEDERATION OF
CALIFORNIA AND SUPPORT.
THANK YOU.
ST MARTIN DEAL WITH CONSUMER
REPORTS FORMALLY CONSUMERS UNION
ALSO IN STRONG SUPPORT.
THANK YOU.
HELLO JANE REPRESENTING THE
CALIFORNIA LOW INCOME CONSUMER
COALITION IN STRONG SUPPORT.
THANK YOU VERY MUCH ANY OTHER
WITNESSES IN SUPPORT.
ANYONE IN OPPOSITION.
ALL RIGHT WE DID HAVE A MOTION
FOR MISTER ON BURKE -- ANY
QUESTIONS COMMENTS -- ASSEMBLY
MEMBER I THINK -- THIS IS
PROBABLY NOT THE ONLY TIME THIS
HAS HAPPENED BUT CERTAINLY
YOU'VE BEEN PUT THROUGH A HECK
OF A LOT IN THE SHOULDN'T HAPPEN
SO.
WHEN IT DOES AND WE NEED? TO TO
TO SEEK REDRESS THAT'S WHAT WE
HAVE COURTS AND AND ATTORNEYS
FOR AND I I HOPE THERE'S AN
OPPORTUNITY FOR YOU TO GET SOME
MEASURE OF REDRESS FOR THIS
EVENT.
ASSEMBLYMAN YOU CAN CLOSE I ASK
YOUR AYE THOSE THANK YOU.
ALL RIGHT THE MOTION IS TO PASS
TO THE SENATE FLOOR.
PLEASE CALL THE ROLL.
JACKSON HI JACKSON I BORDERS.
BORDERS NO ALLEN.
CABALLERO CABALLERO AYE JONES.
JONES NO MONNING.
STERN.
STERN I UMBERG Y. CASKEY.
ALL RIGHT TO IT'S THREE TO TO A
PEOPLE ARE LEAVING THE
TRANSPORTATION COMMITTEE IS
CLOSING DOWN THEY WILL BE BACK.
AND WILL LEAVE THE ROLE OPEN
THANK YOU SO MUCH AND BEST OF
LUCK TO YOU SIR.
WE HAVE TO MORE ITEMS -- ALL
RIGHT [inaudible]
I'M SORRY
.
GOOD AFTERNOON ASSEMBLY MEMBER
CARILLO WE WILL MOVE TO FILE
ITEM ELEVEN AJ ARE.
ELEVEN AND THE FLOOR IS YOURS.
THANK YOU MADAM CHAIR AND
MEMBERS GOOD AFTERNOON I'M SO
PROUD TO BE HERE TO PROBABLY
PRESENT.
ASSEMBLY JOINT RESOLUTION ELEVEN
WHICH IS STRONGLY URGES THE
PRESIDENT OF THE UNITED STATES
CONGRESS TO PASS THE DEVELOPMENT
RELIEF IN EDUCATION FOR ALL
ALIEN MINERS.
ALSO KNOWN AS THE DREAM ACT TO
PROVIDE A PERMANENT SOLUTION FOR
IMMIGRANT YOUTH AND THOSE
PROTECTED UNDER TEMPORARY
PROTECTED STATUS KNOWN AS TPS.
AND DEFERRED ENFORCED DEPARTURE
ALSO KNOWN AS DDD.
AJ ARE ELEVEN ALSO SUPPORTS
HOUSE RESOLUTION SIX WHICH
REINTRODUCES THE DREAM ACT.
WITH PROTECTIONS FOR TPS NDT
RECIPIENTS.
AS SOME OF YOU MAY KNOW I CAME
TO THE UNITED STATES WHEN I WAS
FIVE YEARS OLD FROM.
A WAR TORN COUNTRY WILL SOLVE A
DOOR BETWEEN THE AGES OF FIVE
AND THIRTEEN I TOO WAS
UNDOCUMENTED.
BUT LUCKILY HAD A PATHWAY TO
RESIDENCY AND CITIZENSHIP AND
I'LL PROBABLY REPRESENT MY
COMMUNITY IN THE CALIFORNIA
STATE ASSEMBLY.
SINCE ITS ORIGINAL INTRODUCTION
IN TWO THOUSAND ONE THE DREAM
ACT AIMS TO PROVIDE A MULTIPHASE
PROCESS. FOR QUALIFYING
UNDOCUMENTED IMMIGRANT YOUTH TO
SEEK RESIDENCY IN A PATH TO
CITIZENSHIP OVER THE YEARS THE
DREAM ACT HAS BEEN CONTINUOUSLY.
DEBATED.
HOWEVER CONGRESS HAS BEEN
UNWILLING TO TAKE ACTION. FOR
THAT REASON I AM HONORED TO JOIN
THE EFFORTS OF MY CONGRESS WOMAN
CONGRESSWOMAN LUCILLE ROYBAL
ALLARD.
IN SUPPORTING THE REINTRODUCTION
OF THE DREAM ACT IN ENSURING A
TRUE PATHWAY TO CITIZENSHIP FOR
OUR YOUTH ASKED THE COURTS
CONTINUE TO RULE OUT.
ON BOTH DOUGHERTY PS AND ET
PROGRAMS IT IS CRUCIAL TO
CONGRESS CREATES A PERMANENT
SOLUTION FOR OUR NEIGHBORS TOUCH
BY BOTH PROGRAMS.
IN A LET MONEY -- WITNESSES
INTRODUCE HIMSELF THANK YOU VERY
MUCH A TWO MINUTE TEACHER FEW
WHAT.
MY NAME IS JESSICA GARCIA GARCIA
I AM CURRENTLY A TWENTY ONE YEAR
OLD DOCTOR RECIPIENT AND I AM A
PROUD MEMBER OF TRAIL OF THE
COALITION FOR HUMANE IMMIGRANT
RIGHTS.
I TEMPESTA DINA CITY COLLEGE AND
WILL BE TRANSFERRING TO THE
UNIVERSITY OF CALIFORNIA SANTA
CRUZ THIS FALL.
AT THE AGE OF SIX I WAS
PRESENTED WITH THE DECISION OF
MIGRATING TO THE UNITED STATES
TO REUNITE WITH MY DAD WELL I
HAD NOT SEEN IN THREE YEARS
BECAUSE HE HAD TO LEAVE IN
SEARCH OF A JOB. TO BE ABLE TO
MAINTAIN MEET MY SISTER AND MY
MOM I MADE THE DECISION TO
FOLLOW IN MY FATHER'S FOOTSTEPS
AND MIGRATE TO THE U. S. WITH MY
MOM AND SISTER IN SEARCH OF MY
OWN DREAMS AND GOALS.
IN SEARCH OF A BETTER LIVING
CONDITION IN SEARCH OF A PLACE
WITHOUT VIOLENCE A PLACE WHERE
EDUCATION WAS AN OPTION FOR MY
FUTURE.
AND TO BE A COMPLETE AND UNITED
FAMILY.
YET AS A SIX YEAR OLD I WAS NOT
AWARE THAT ONCE IN THE UNITED
STATES MY MOM WOULD HAVE TO WORK
LONG HOURS.
ALONG WITH MY DAD IN ORDER. TO
MAINTAIN MY SISTER AND NINE EVEN
THOUGH WE NOW LIVED IN THE SAME
HOUSE I DID NOT.
GET TO SEE MY FAMILY TOGETHER AS
THEY HAD THOUGHT EACH DAY I
WOULD ONLY SEE MY DAD FOR TWO
HOURS IN THE MORNING AND I WOULD
RARELY SEE MY MOM BECAUSE WHEN
SHE WOULD GET HOME FROM WORK.
I WAS ALREADY FAST ASLEEP.
I HAVE HAD TO SUFFER THROUGH
HAVING PEOPLE DE HUMANIZE ME
WEIRD WITH WORDS LIKE ILLEGAL
AND EIGHTY AND I HAVE LIVED IN
FEAR MY LAST SIXTEEN YEARS IN
THE UNITED STATES.
I HAVE LIVED IN FEAR OF BEING
SEPARATED YET AGAIN BY A BORDER
BECAUSE ANY DAY MY MOM OR DAD
MAY BE DEPORTED OR DOCTOR CA BE
RESCINDED.
ALONG WITH MY PROTECTION.
I HAVE TO LIVE WITH THE FEAR OF
NEVER SEEN MY PARENTS AGAIN 416-
YEARS MY GREATEST FEAR IS THAT
WHEN I GOT HOME FROM SCHOOL MY
PARENTS WILL NEVER COME HOME
FROM WORK.
I ALONG WITH ELEVEN MILLION
PEOPLE MAY NEVER LIVE IN PEACE
MY FAMILY AND I HAVE BEEN
BELIEVING AND LIVING THE
AMERICAN DREAM GET THE AMERICAN
DREAM DOES NOT.
SEEM TO GIVE US RESULTS WE HAVE
WORKED HARD AND HAVE DONE
ANYTHING AND EVERYTHING IN ORDER.
IN OUR POWER TO BE IDENTIFIED
ASKED TO SERVING CITIZENS OF
THS COUNTRY YET WE ARE ALWAYS
REMINDED THAT WE ARE NOT.
WE NEED A PERMANENT SOLUTION NOW
BECAUSE IT IS AN HUMANE TO FORCE
PEOPLE TO LIVE WITH A VERY
PROMINENT FEAR EVERY DAY THEY
WALK OUT OF THEIR HOMES.
THANK YOU.
THANK YOU VERY MUCH NEXT WITNESS
CHRIS RESPONSE IS THE CHAIR OF
THE COALITION FOR MAMMOGRAM
RIGHTS AND ALSO REPRESENT OUR
YOUTH ORGANIZATION THE
CALIFORNIA DREAM NETWORKER PROUD
TO BE A SPONSOR THIS RESOLUTION.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
ARE THERE ANY WITNESSES IN
OPPOSITION.
SEEING NONE I'D LIKE TO INDICATE
THAT THERE WAS AN AMENDMENT --
THAT ALSO REFERENCES A PATHWAY
TO CITIZENSHIP.
SIMILARLY THAT THE COMMITTEE
AMENDMENTS CORRECT I THANK YOU
THANK YOU ARE SO ARE YOU I WANT
TO THANK YOU FOR BRINGING THIS
FORWARD -- IT'S KINDA SHAMEFUL
THAT WE HAVEN'T RECOGNIZED THAT
THE FUTURE.
IS COMPRISED OF MANY DIFFERENT.
LIFE EXPERIENCES INCLUDING THOSE
OF OUR DOCTOR YOUTH WHO ARE.
CLEARLY IS COMMITTED -- AND
PROBABLY EVEN MORE APPRECIATIVE
OF THE OPPORTUNITIES THAT THIS
COUNTRY OFFERS THAN MANY OF US
WHO GREW UP HERE IN.
FORTUNATELY NEVER HAD.
TO BE WITHOUT OUR PARENTS
BECAUSE THEY WERE KEPT FROM US
FOR VARIOUS REASONS SO -- I AM
VERY HAPPY TO SUPPORT THIS
RESOLUTION AND APPRECIATE YOUR
BRINGING IT THERE I FRANKLY OF
IT'S BEFUDDLING TO ME THAT WE
DON'T RECOGNIZE.
THE FUTURE BELONGS TO ALL OF
THOSE WHO.
REALLY WANT TO ACHIEVE AND BE
SUCCESSFUL AND LIVE THE AMERICAN
DREAM AND THEN FOLLOW THE THE
OPPORTUNITIES THAT EXIST IN THIS
COUNTRY SO.
I THANK YOU.
MADAME ASSEMBLY MEMBER FOR BRING
IT UP I THANK YOU FOR YOUR
TESTIMONY APPRECIATED BEST OF
LUCK TO YOU AS A BANANA SLUG.
I HAVE FAMILY WHO ARE BANANA
SLUGS AND EIGHT OPPORTUNITIES
HOPEFULLY WILL LIE AHEAD OF YOU
AND THIS MEASURE TO TRY TO URGE
THAT.
CONGRESS GET OFF AND STUFF AND
DO SOMETHING POSITIVE I HOPE IT
DOESN'T COME ON DEAF EARS BUT
IT'S CERTAINLY SOMETHING WE CAN
DO TO TRY TO PUSH THE PROCESS SO
WITH THAT US SENATOR STERN.
RANCHER THANK YOU I'LL BE HAPPY
TO MOVE THE BILL THE APPROPRIATE
TIME IF THERE IS AN OPPORTUNITY
TO I'D LOVE TO BE ADDED AS A CO
AUTHOR TO THIS TAKES A LOT OF
COURAGE.
TO SHOW UP HERE TODAY.
DELIVER THE TESTIMONY -- BUT WE
WORK FOR YOU [inaudible]
AND WERE FEELING GAPS AS BEST WE
CAN IN THE STATE.
LANCE INSUFFICIENT.
WE DO WITH.
OUR TAX PROGRAMS HEALTHCARE
PROGRAMS EDUCATION YOU NAME IT --
I RECOGNIZE IT'S INSUFFICIENT SO
THANK YOU.
FOR PLEASE TRY TO PUT SOME
SHOULDER TO THE WHEEL TO FILL
THIS GAP IN MAYBE IN FEW YEARS
WE FINALLY HAVE SOME RESOLUTION
AND MAKE YOU COMPLETE BUT SEEMED.
DARN ON YOUR WAY TO ME SO THANK
YOU ALL FOR BEING HERE AND THANK
YOU ANY OTHER COMMENTS.
SEEING NONE OF ASSEMBLY MEMBER
WOULD YOU LIKE TO CLOSE THANK
YOU MADAM CHAIR.
THE DREAM ACT HAS BEEN IN A
CONVERSATION SINCE TWO THOUSAND
ONE AND THE REASON WHY IT STALLS
FOR SO LONG WAS A TRAGIC EVENT
THAT HER AND THAT OCCURRED IN
OUR COUNTRY WHICH WITH.
NINE ELEVEN FOLLOWING NINE
ELEVEN THIS OF CONTINUE TO BE.
A POLITICAL CONVERSATION
OFTENTIMES WITH BIPARTISAN
pMUST DO SOMETHING IN THIS
COUNTRY TO RECOGNIZE YOUNG
PEOPLE AND MANY OF WHOM.
HAVE NOW AGED OUT.
OF WHAT WAS THE ORIGINAL
INCEPTION OF THE DREAM ACT.
SO WITH THE NEW A MEASURE AHEAD
OF US IN CONGRESS WITH THE WITH
CONGRESSWOMAN LUCILLE ROYBAL
ALLARD LEADING THAT CHARGE.
WE HOPE THAT THIS IS A GOOD
OPPORTUNITY FOR CALIFORNIA.
TO MOVE SOMETHING FORWARD AND TO
SAY WE UNDERSTAND THAT KNOWLEDGE
AND ADMIT THAT WE MUST DO
SOMETHING TO MOVE THE COUNTRY IN
THE PROPER DIRECTION AND SO I
RESPECTFULLY REQUEST AN AYE VOTE.
THANK YOU VERY MUCH WE HAVE A
MOTION BY.
SENATOR STERN THE MOTION IS DO
PASS AS AMENDED TO THE SENATE
FLOOR.
PLEASE CALL THE ROLL.
JACKSON HI JACKSON HI BORDERS
[inaudible]
ALAN CABALLERO.
CAREER I JONES.
MONNING STERN STERN I UMBERG.
CASKEY. THREE ALL RIGHT WE HAVE
A THREE VOTES WE'LL WAIT TILL A
REST FOR COMMITTEE COMES BACK
AND HOPEFULLY PASSED THE BILL AT
THAT TIME THANK YOU VERY MUCH.
A AND BEST OF LUCK.
TO OUR FINAL ITEM IS A FILE ITEM
TEN AJ ARE NINE BY ASSEMBLY
MEMBER CRISTINA GARCIA
[inaudible]
A BRIGHT.
IF IF -- MY COLLEAGUES CENTER
BOARD JUST WAS ASLEEP WHEN WE
STARTED HAVING.
I HAD AN OPPORTUNITY TO ROUTE
LOOK AT THAT -- BRIGHT COLOR I'M
SURE YOU ARE WIDE AWAKE NOW.
BEEN DELIGHTED TO HAVE YOU HERE.
THANK YOU I APPRECIATE IT I GOOD
AFTERNOON MEMBERS.
I SOMETHING GAUGING PREDATOR
RECESS AND YOU SEE PEOPLE
TACTICS HERE IN CALIFORNIA. FOR
MANY YEARS.
THE EXECUTIVE ORDER ON ENHANCING
PUBLIC SAFETY IN THE INTERIOR OF
THE UNITED STATES SIGNED IN
JANUARY.
TWO THOUSAND SEVENTEEN ALLOWS
AYE SEES ALL EXECUTIVE BANCH
AGENCIES AND DEPARTMENTS IN
AIDING AND ASSISTING WITH THE
REST.
THOSE PRICES INCLUDES -- THE
OCCUPATIONAL SAFETY AND HUMAN
ADMINISTRATION OR OSHA.
ON AND THEY HAVE BEEN USED BY
ICE TO MAKE ARRESTS.
THIS EXECUTIVE ORDER RE
AUTHORIZES THE USE OF THIS AND
OTHER AGENCIES IN MAKING
IMMIGRATION RELATED ARREST.
IN DOING SO THEY ARE IN PLAIN
TACTICS IN SAVE SPACES WE'VE
BEEN HEARING A LOT ABOUT
COURTHOUSES BUT IS NOT THE ONLY
FACE OVERSEEING.
THE SERVICE HAPPEN AN INDIAN SO
THEY'RE PUTTING ALL OF US AT
RISK ARE INSTEAD OF HAVING
INDIVIDUALS.
RING THE ALARM Là THE WHISTLE
AND LET US KNOW WHEN THERE'S
PLANS THAT NEED TO BE ADDRESSED
THERE ARE FATED CUMPLE WARD.
NOT ONLY TO PROTECT THEMSELVES
BUT AND IN THE PROCESS NOT
PROTECTING OTHERS.
THESE USES UNDERMINE THE TRUST
BETWEEN THESE COME BETWEEN OUR
COMMUNITIES AND THE AGENCIES
THAT I MEAN TO KEEP ALL OF US
SAFE.
BECAUSE OF THE NEGATIVE
CONSEQUENCES THAT ARE HAPPENING
WE'RE SEEING HEALTH VIOLATIONS
AND OTHER SERIOUS INJURIES NOT
GO REPORTED TO OSHA AND OTHER
AGENCIES.
WE ARE CALLING ON THE FEDERAL
GOVERNMENT TO REVIEW THIS
PRACTICE -- AND ABANDON IT IN
ORDER TO MAKE SURE WE HAVE
DEPARTMENTS DOING THEIR JOB IN
KEEPING ALL OF U SAFE ALONG THE
WAY.
WE'VE WORKED HERE IN THE HOUSE
AND WE ALSO TRY TO OUR AGE --
EYES IN THE FEDERAL GOVERNMENT
AND HOW THEY USED -- POLICE
OFFICERS OR FOLKS WHO
IMPERSONATE POLICE OFFICERS AND
OTHER WAS THAT'S OUT THERE.
AND SO WITH AJ ARE AND I WERE
JUST TRYING TO CALL ATTENTION TO
THE FACT THAT IT'S A MUCH BIGGER
AND WE HAVE MANY OTHER AGENCIES
THAT ARE BEING USED.
IN THE THROUGH THE CITRIC
IMMIGRANTS AND IN THE PROCESS
KEEPING US ALL AND SAFE.
WITH ME I HAVE IN THE DAY I
RIVER EDDIE VEDDER REPRESENTING
THAT CALIFORNIA IMMIGRANT POLICY
CENTER.
AT THE TECHNICAL AND AS AND WE
ALSO HAVE CHRISTOPHER FANTASY
RICHIE Là.
THANK YOU YOU HAVE TWO MINUTES
PLEASE.
GOOD AFTERNOON TURN MEMBERS AND
JERRY RIVERA REPRESENTING THE
CALIFORNIA IMMIGRANT POLICY
CENTER.
AJ ARE NINE URGES THE FEDERAL
GOVERNMENT TO CEASE USING
BRUCE'S AGAINST IMMIGRANTS IN
THE COMMUNITIES THAT THEY LIVE
IN.
ADDITIONALLY IT ASKS THAT THEY
CEASE -- UNJUST DETENTION AND
DEPORTATION OF UNDOCUMENTED
IMMIGRANTS.
AND IT OVER ASKS THE ICE
OFFICERS THE OPERATE IN
CALIFORNIA TO ADOPT A STANDARD
UNIFORM THAT CLEARLY IDENTIFIES
THEM.
ICE AGENTS FREQUENTLY OPERATE
WITH IMPUNITY AND A LACK OF
TRANSPARENCY IN CALIFORNIA AND
THIS IS DEMONSTRATED THROUGH THE
TACTICS THAT THEY USE SUCH AS
FAILING -- TO USE JUDICIAL
WARRANT -- IMPERSONATING A
PERSON'S FAMILY MEMBER OR
SOMETIMES -- FAKING FAMILY
EMERGENCIES TO LOWER INDIVIDUALS
OUTSIDE ADDITIONALLY -- WE HAVE
HEARD OF CASES WHERE -- LOCAL
POLICE ARE IMPERSONATED BY ICE
OFFICERS AS WELL.
ICE AGENTS FREQUENTLY WHERE BASS
THAT LABEL -- POLICE AND THEY
SERVE ON JOINT TASK FORCES WITH
LOCAL AND STATE LAW ENFORCEMENT
OFFICIALS AS WELL.
THESE PRACTICES NOT ONLY A ROAD
PUBLIC TRUST BUT THEY ALSO A
ROAD THE TRUST IN IMMIGRANT
COMMUNITIES AS WELL.
AND THESE TACTICS ARE ULTIMATELY.
ULTIMATELY GOING TO THREATEN THE
SAFETY OF ALL OF OUR COMMUNITIES
IF WE CAN'T TRUST THE POLICE
OFFICERS THAT PATROL US.
WHILE THE STATE DOESN'T HAVE THE
AUTHORITY TO RESTRICT THE
ACTIONS OF THE FEDERAL
GOVERNMENT WE CAN CERTAINLY DO
MORE -- SUCH AS AJ ARE NINE TO
pWE DO HAVE IN PLACE PROTECT ALL
OF US.
AJ ARE NINE IS IN LINE WITH
CALIFORNIA'S VALUES AND IT SENDS
A STRONG MESSAGE TO THE FEDERAL
GOVERNMENT THAT CALIFORNIA WILL
STAND BY ITS IMMIGRANTS AND WE
HAVE A RIGHT TO LIVE WITHOUT
FEAR.
IT IS FOR THESE REASONS THAT WE
RESPECTFULLY ASK FOR YOUR
SUPPORT ON AJ ARE.
NINE THANK YOU NEXT WITNESS.
GOOD MORNING MADAM CHAIR GOOD
EVEN AFTERNOON MADAM CHAIR
MEMBERS OSCARS FOR SIGNS AS A
CHIRLA IN SUPPORT OF A J. R.
NINE AS CALIFORNIA'S LARGEST
IMMIGRANT RIGHTS ORGANIZATION
JILL RECEIVES FREQUENT REPORTS
FROM COMMUNITY MEMBERS AND FROM
OUR LEGAL SERVICE DEPARTMENT.
ABOUT THE UNETHICAL TACTICS ICE
USES AND GATHER INFORMATION NAPA
AND HAPPENED APPREHENDING
INDIVIDUALS THESE TACTICS
INCLUDING IMPERSONATING LOCAL
LAW ENFORCEMENT -- APPREHENDING
BYSTANDERS ON CONDUCTING I NINE
AUDITS AT THEIR ANY THEIR
PARTNER GRANTS IF THEY DO NOT
FALSIFY INFORMATION FOR EXAMPLE
IN JANUARY TWO THOUSAND EIGHTEEN
ICE CONDUCTED I NINE AUDIT IN
LOS ANGELES AT A SEVEN ELEVEN IN
KOREA TOWN.
AND QUESTION CUSTOMERS ABOUT
THEIR STATUS THE TWO THOUSAND
SEVENTEEN ICE GIVEN INDIVIDUAL
NOT TO MEET HIM TO AND TO THAT
INDIVIDUAL APPREHENDED INSIDE
THE SACRAMENTO REGION TO FALSIFY
INFORMATION ABOUT UNDOCUMENTED
IMMIGRANTS.
HE KNEW ARMS.
HE KNEW -- OF AND STATE THAT
THEY PARTICIPATE IN A CRIMINAL
ACTIVITY OR FACE DEPORTATION
THESE TAX BY AYE SIGNIFICANTLY
HANDER LOCAL AW FORCES
RELATIONSHIP WITH IMMIGRANT
COMMUNITIES AND THREATEN PUBLIC
SAFETY OF ALL CALIFORNIANS.
IT IS FOR THESE REASONS WE
SUPPORT AG ARE NINE ASK FOR AYE
VOTE.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT OTHER ANY WITNESSES IN
OPPOSITION.
BY BRINGING THIS BACK TO THE
COMMITTEE.
JUST AN OBSERVATION IS A FORMER
PROSECUTOR ALTHOUGH A LONG TIME
AGO -- I APPRECIATE THE FACT%
THAT LAW ENFORCEMENT OPERATES --
OWN EFFECTIVELY ONLY WHEN IT
OPERATES IN A COMMUNITY WHERE
THERE IS TRUST.
AND OF PEOPLE WON'T COME FORWARD.
THEY WON'T AGREE TO TESTIFY THEY
WON'T AGREE TO IDENTIFY PEOPLE
WHO ARE -- ENDANGERING THEIR
NEIGHBORHOODS IF THEY THEMSELVES
ARE AFRAID AND WHAT WE HAVE SEEN
AND I TING ADJUSTING ANECDOTALLY
BUT THROUGHOUT THE STATE AND
CERTAINLY IN COMMUNITIES I
REPRESENT WHICH OF A STRONG --
LATINO POPULATION PEOPLE ARE
JUST AFRAID AND THEY'VE GONE
UNDERGROUND AND WE'VE SEEN AN
INCREASE IN CRIME BECAUSE PEOPLE
AREN'T WILLING TO COME FORWARD.
THEY'RE BEING THREATENED SO THAT
PEOPLE CAN TAKE ADVANTAGE OF
THEM.
WHETHER IT'S IN THE FORM OF
SEXUAL ASSAULT A HARASSMENT DOOR.
ANY ANY OTHER FORM OF
UNACCEPTABLE BEHAVIOR AND IT'S
THIS KIND OF FEAR THAT ICE HAS.
BEEN PERPETUATING WHETHER IT'S
INTENTIONAL OR NOT IT'S
CERTAINLY REAL AND SO I
APPRECIATE YOUR WILLINGNESS TO
BRING THIS.
FORWARD TO OUR ATTENTION AND
AGAIN TO TRY. TO TO CALL UPON.
OF ICE TO BEHAVE IN A WAY WHICH
SOME OF US WOULD ARGUE IS.
MORE CONSISTENT WITH OUR VALUES
AS A NATION AND AS A PEOPLE SO.
THAT -- ANY OTHER QUESTIONS OR
COMMENTS.
MOTION BY SENATOR SENATE FLOOR
ASSEMBLY MEMBER.
GARCIA WOULD YOU LIKE TO CLOSE
OUT YES AT AVN TOLD ME I WILL
SAY THAT I GO HOME EVERY WEEKEND
AND I TALK TO MY NEIGHBORS A LOT
OF THEM.
ARE IMMIGRANTS THEY'RE NOT ALL
ON UNDOCUMENTED BUT I WAS A ALL
IMMIGRANTS -- DOCUMENTS ARE NOT
ARE UNDER A LOT OF PANIC OUT
THERE THEY DON'T KNOW WHO TO
TRUST AND IT'S NOT JUST LAW
ENFORCEMENT BUT IT'S OUR
AGENCIES AND I HAVE.
INDIVIDUALS TO CALL MY OFFICE
SAYING THAT THEY HAVE PROBLEMS
THAT WORK BUT THEIR FATE ARE
REPORTED TO OCEAN WHOSE AGENCY
AT THEIR TO PROTECT THEM AND
PROTECT ALL THE OTHER EMPLOYEES.
ON A ON A REGULAR BASIS SINCE I
DON'T WANT TO MAKE IT CLEAR THAT
THIS IS NOT JUST.
ABOUT ARE UNDOCUMENTED
IMMIGRANTS BUT ARE IMMIGRANTS
COMMUNITY CENTER BEEN THAT
HOUSEHOLD ID I LIVE IN A PLAN
THAT HOUSEHOLD AND MY DAD WAS
AFRAID TO TRAVEL TO MEXICO EVEN
THOUGH HE'S A LEGAL RESIDENT
BECAUSE HE WASN'T SURE THEY WERE
GONNA COME BACK AND IF HE WAS
HAVING PROBLEMS -- AND SO EVERY
DAY THERE'S DAY TO DAY
ACTIVITIES THAT ARE IMMIGRANTS
ARE.
DRY AND WET AND AND THAT TONIC
IS SOMETHING THAT'S OUT THERE
AND I DO HOPE THAT -- THE
FEDERAL GOVERNMENT.
HONORS OUR AMERICAN VALLEY CVS
THE OF HOW WE TREAT INDIVIDUALS
AND WITH THAT I RESPECTFULLY ASK
FOR AN AYE VOTE.
THANK YOU.
BY A PLEASE CALL THE ROLL.
JACKSON HI JACKSON AYE FORGES.
ALAN CABALLERO CABALLERO AYE
JONES.
JONES NO MONNING.
MONEY AYE STERN STERN AYE AMBERG
WE CASKEY. FORTY ONE PART FORTY
ONE WILL HOLD THE ROLE OPEN
THANK YOU VERY MUCH AND THANK
YOU FOR YOUR TESTIMONY.
RIGHT WE'RE GOING TO A WITH THAT
CONCLUDES OUR BILLS WE DO HAVE A
NUMBER THAT ARE ON CALL SO -- IF
THE SERGEANT COULD PLEASE ASK
THE ABSENT MEMBERS TO COME BACK
WE WILL.
TAKE THE ROLE ONE MORE TIME AND
THEN CLOSE IT OUT AND ADJOURNED
FOR THE DAY
[inaudible] ZERO
GETTING [inaudible]
THE WE'RE GONNA GO HROUGH THE
ROLE APPARENTLY SENATOR ELLEN'S
PRESENTING A BILL IN THE
ASSEMBLY SO WE'LL GET HIM BACK
AS SOON AS WE CAN BUT WE'RE
GOING TO GO THROUGH THE ROLE
ONCE. FOR ALL THE OTHER MEMBERS
WHO ARE HERE.
PLEASE SIR I WOULD START WITH
FILE ALRIGHT LET'S START WITH
THE CONSENT CALENDAR.
THE VOTE COUNT IS FIVE TWO ZERO
PLEASE CALL THE ABSENT MEMBERS
OF A HERO.
CAREER I JONES.
JONES I STERN STERN I AM BURKE.
NUMBER HI.
RIGHT -- EIGHT TWO ZERO EXCUSE
ME NINE TWO ZERO THE CONSENT
CALENDAR IS ADOPTED AND OUT THE
NEXT ITEM IS OF FILE ITEM ONE
THE VOTE COUNT IS EIGHT ZERO
PLEASE CALL THE ABSENT MEMBERS
I'M BURKE.
AMER I NINE TWO ZERO THAT ITEM
IS OUTNEXT IS FILE ITEM.
THREE OF THE VOTE COUNT IS
CURRENTLY SEVEN TWO ZERO PLEASE
CALL THE ABSENT MEMBERS WERE
JUST.
WE'RE JUST NOW JONES.
JONES NOW 722- THAT BILL IS OUT.
FILE ITEM.
NINE OF THE VOTE COUNT IS THREE
TO TWO PLEASE CALL THE ABSENT
MEMBERS ALAN.
MONNING.
MONNING I AM BURKE.
NUMBER OF IOWA CASKEY HIGH
MAKOWSKI AYE. SEVEN THE SAID
SEVEN TO TWO SIX TWO TWO WILL
HOLD THE ROLE OPEN FOR SENATOR
ALAN.
THE NEXT ITEM IS FILE ITEM TEN
THE VOTE COUNT IS FOUR TO ONE
PLEASE CALL THE ABSENT MEMBERS
FOR JUST [inaudible]
ALAN.
I'M BURKE NUMBER FIVE WHAT
HEALTHY HI BECAUSE HE AYE RATES
THAT IS SIX TWO ONE WILL HOLD
THE ROLE OPEN FOR SENATOR ALAN.
AND THE FINAL ITEM IS FILE ITEM.
ELEVEN OF THE VOTE COUNT IS
THREE TO ZERO PLEASE CALL THE
ABSENT MEMBERS GORGEOUS. FOR
JUST KNOW ALAN [inaudible]
JONES.
JONES NO MONNING.
MONNING I ON BURKE.
NUMBER I Y. CASKEY HI MY COUNTY
I READ THAT THE VOTE IS SIXTY
TWO WE WILL HOLD THE ROLE OPEN
FOR SENATOR ALLEN AND AS FOR THE
REST OF US [inaudible]
WE'RE DONE.
THANK YOU VERY MUCH [inaudible]
THANK YOU
[inaudible]
THE
GOOD SO IF ANYONE'S PAYING
ATTENTION HERE THIS IS FILE ITEM
TEN WERE OPENING THE ROLE.
OF THE VOTE COUNTY IS A SIX TO
ONE OF PLEASE CALL THE ABSENT
MEMBERS GORGEOUS. FOR JUST KNOW
ALAN. SIXTY TWO SIXTY TWO WE
WILL HOLD OFF [inaudible]
ALL RIGHT -- ARE VERY GOOD OF US
SENATOR.
SENATOR ALLEN WE'RE GOING -- TO
CALL THE ROLL IN THOSE BILLS
THAT -- YOU.
YOU HAVE NOT VOTED ON SO LET'S
GO TO FILE ITEM NUMBER NINE I
BELIEVE YOU VOTED IN THE OTHERS.
FILE ITEM NUMBER -- NINE WHICH
IS. TWENTY ONE AB EIGHTEEN
TWENTY ONE THE JUDICIARY
COMMITTEE BILL.
OF COUNTY IS SIX TWO TWO PLEASE
CALL THE ABSENT MEMBERS ALAN.
ALLEN AYE SEVEN TWO TO THAT BILL
IS OUT.
NEXT IS FILE ITEM TEN WHICH IS.
AJ ARE.
NINE THE VOTE COUNT IS
[inaudible] SIXTY TWO PLEASE
CALL THE ABSENT MEMBERS ALLEN.
ALLEN I SEVENTY TWO THAT BILL IS
OUT THE RESOLUTION IS ADOPTED.
NEXT IS FILE ITEM ELEVEN THE
VOTE COUNT IS.
SIXTY TWO OF PLEASE CALL THE
ABSENT MEMBERS ALAN.
ALLEN I SEVEN TO DO TO TO IN
THAT RESOLUTION IS OUT.
AND WITH THAT.
WE ARE DONE FOR THE DAY WE ARE
ADJOURNED