I WILL BE.
NOW CALLING THE JUDICIARY
COMMITTEE TO ORDER WE WILL START
AS A SUBCOMMITTEE.
WE DO HAVE AN AUTHOR HERE AND
AS SOON AS WE DO GET A QUORUM WE
WILL GO AHEAD AND.
CALL THAT RULE BUT RIGHT NOW WE
WILL START AS A SUBCOMMITTEE.
THE FOLLOWING MEASURES HAVE BEEN
PULLED FROM TODAY'S AGENDA SO
THEY WILL NOT BE HEARD.
FILE ITEM TO S. B. NINE FORTY
EIGHT BY SENATOR ALLEN FILE ITEM
TWELVE S. B. TWELVE SEVENTY SIX
BY SENATOR MORE LOCK. AND FILE
ITEM THIRTEEN SP THIRTEEN TWENTY
SIX BY SENATOR HUESO SO IF YOU
ARE HERE ON ANY OF THOSE THREE
BILLS. YOU DON'T NEED TO STAY IN
LOS YOU WANT TO STICK AROUND
AND.
SEE HOW THIS ALL.
COMES DOWN.
BOB BUT THOSE THREE BILLS WILL
NOT BE HEARD TODAY. AND THE
FOLLOWING FOUR ITEMS ARE ON OUR
PROPOSED CONSENT CALENDAR. SO
THEY WILL NOT BE HEARD BUT THEY
ARE SUPPORTED BY.
ALL SIDES AND WILL BE VOTED ON
AT THE CONSENT CALENDAR. OF THEY
ARE FILE ITEMS EIGHT S. B.
ELEVEN SEVENTY THREE BY SENATOR
OF IDEC WITH AMENDMENTS.
FILE ITEM FIFTEEN S. B. FOURTEEN
THIRTY ONE BY SENATOR MORRELL.
FILE ITEM SIXTEEN S. B. FOURTEEN
THIRTY SIX BY SENATOR PORTANTINO
AND FILE ITEM SEVENTEEN SCR ONE
TWENTY EIGHT BY SENATOR WIN.
SO WITH THAT AGAIN WE WILL CALL.
THE ROLL AND ESTABLISH A QUORUM
WHEN WE HAVE ONE MORE PERSON BUT
WE DO HAVE. OF THE SENATOR ROTH
HERE SO WE WILL GO AHEAD AND
PROCEED WITH HIS SIDE IN WHICH
IS FILE ITEM FIVE. S. B. ELEVEN
TWENTY EIGHT.
THE RULES OF ENGAGEMENT.
IN THIS COMMITTEE ARE.
THAT WE TRY TO HEAR MATTERS IN
FILE ORDER BUT REALIZING PEOPLE
ARE ALL OVER THE PLACE SITS.
WE WILL STILL DEFERRED OF THAT
UNLESS THERE IS.
SOMEONE HERE.
WHOSE.
OUT OF ORDER BUT DEPRESSANT AND
READY TO GO.
THE.
.
AND GENERALLY SPEAKING MEMBERS
OF THE COMMITTEE PRESENT LAST A
AGAIN UNLESS THERE'S NO OTHER A
PRESENTER HERE. AND I'D LIKE TO
ASK THAT FOR EACH MEASURE THERE
BE TWO MAIN WITNESSES IN SUPPORT
FOR TWO MINUTES EACH. AND THEN
ALL OTHERS WHO ARE IN SUPPORT
WILL BE ASKED TO.
LINE UP HERE AT THE MICROPHONE
TO GIVE THEIR NAME AND
AFFILIATION ONLY PLEASE AND OF
COURSE THEIR INDICATION THAT
THEY ARE IN THE SUPPORT OF A
COLUMN. AND THERE WILL LAST FOR
TWO PEOPLE A TWO MAIN WITNESSES
TWO MINUTES EACH FOR OPPOSITION
AND ALSO AT THAT POINT ASK FOR
THE OTHER.
.
THOSE IN OPPOSITION TO PLEASE
COME TO THE MICROPHONE GIVE
THEIR NAME AFFILIATION ONLY AND
THEIR POSITION. UP ON THE
MEASURE AND SO WITH THAT I DO
BELIEVE THAT WE CAN ESTABLISH A
QUORUM SO. MADAM SECRETARY
PLEASE CALL THE ROLL. JACKSON
HERE JACKSON HERE MORLOCK. MORE
LIKE HERE ANDERSON HERTZBERG
MONNING HERE MONNING HERE STERN
WIECKOWSKI. WIECKOWSKI HERE
ALRIGHT WE HAVE ESTABLISED A
QUORUM WHY DON'T WE GO AHEAD AND
THE.
THE CHAIR WILL ENTERTAIN A
MOTION ON THE CONSENT CALENDAR.
MOTION BY SENATOR MORE LOCK THE
CONSENT CALENDAR IS FILE ITEMS
EIGHT FIFTEEN SIXTEEN AND
SEVENTEEN. MADAM SECRETARY
PLEASE CALL THE ROLL JACKSON AYE
JACKSON AYE MORE LOCK. MORE LIKE
AYE ANDERSON HERTZBERG MORNING.
MONNING AYE STERN. WIECKOWSKI.
HI WIECKOWSKI AYE ALRIGHT WE
WILL LEAVE THE ROLE OPEN FOR THE
ABSENT MEMBERS HIM WITHOUT US
SENATOR ROTH.
.
HE SNUCK INTEREST AHEAD OF
SENATOR HILL BUT WE'RE GONNA LET
YOU GO AHEAD AND PROCEED GOOD
AFTERNOON SIR.
THINK ABOUT YOUR THIS IS SENATE
BILL ELEVEN TWENTY EIGHT IT DOES
ESSENTIALLY THREE THINGS THAT
ALLOWS RESIDENTS TO. OPT IN TO
RECEIVE CERTAIN DOCUMENTS SUCH
AS ANNUAL BUDGETS AND POLICY
STATEMENTS BY EMAIL OPTING IN
VIA EMAIL.
SECOND IT CHANGES A NOTICE
REQUIREMENT PERIOD FOR PROPOSED
RULE CHANGES TO TWENTY EIGHT
DAYS FROM THIRTY DAYS FOR SOME
PROCEDURAL REASONS IN TERMS OF
THE WAY THE NOTICES FALL.
WHICH BY WITNESSES CAN ADDRESS.
AND FINALLY PERHAPS MOST
SIGNIFICANTLY ALLOWS FOR
ELECTION BY ACCLAMATION IN THE
EVENT THAT THE NUMBER OF
CANDIDATES.
SEEKING ELECTION TO A BOARD OF
DIRECTORS IS EQUAL TO OR FEWER
THAN THE NUMBER OF BOARD SEATS
AVAILABLE. LET ME TELL YOU WHAT
THIS BILL DOES NOT DO IT IS NOT
ABOUT DETERMINING WHO IS
ELIGIBLE TO VOTE. IT IS NOT
ABOUT DETERMINING WHO IS
ELIGIBLE TO SERVE AS A DIRECTOR.
AT LEAST ONE OF THE BILL THAT
THIS COMMITTEE WILL BE
CONSIDERING ADDRESSES THOSE
ISSUES ONCE THOSE ISSUES HAVE
BEEN RESOLVED HOWEVER. IF ONLY
THREE CANDIDATES REMAIN.
IN THE RUNNING FOR THREE
VACANCIES THE BILL WOULD
SIMPLIFY THE PROCESS AND ALLOW
THOSE INDIVIDUALS TO BE SEATED
BY. ACCLAMATION. AND I
UNDERSTAND SENATOR THAT YOU ARE
TAKING THE PROPOSED AMENDMENTS
DETAILED IN THE ANALYSIS WE ARE
WE ARE ACCEPTING THE COMMITTEES
AMENDMENTS BUT HAS AUTHORS
AMENDMENT YES VERY GOOD. AND
WITHOUT A THANK YOU SERVE NATION
CONCISE TWO WITNESSES TWO
MINUTES EACH PLEASE GOOD
AFTERNOON. THANK YOU MADAM
CHAIR.
MEMBERS I'M BRAD HUDSON CEO OF
LAGUNA WOODS VILLAGE A COMMON
INTEREST DEVELOPMENT WITH.
TWELVE THOUSAND SEVEN HUNDRED
AND FIFTY THREE UNITS.
ARE OVER EIGHTEEN THOUSAND
RESIDENTS ALL FIFTY FIVE YEARS
OF AGE AND OLDER WERE THE
SPONSORS OF S. B. ELEVEN TWENTY
EIGHT.
MOST OF OUR MEMBERS LIVE ON
MODEST FIXED INCOME IS A LOW
INCOME A COMMUTER WE STRIVE TO
BE VERY EFFICIENT.
AND SO THIS BILL IS A PRODUCT OF
SOME OF THE IT. EFFICIENCY
INITIATIVES THAT WOULD THAT
WE'VE IDENTIFIED. AS A SENATOR
SAID FIRST. JOB.
WE SENT A LOT OF DOCUMENTS OUT
THIS WOULD ALLOW.
BAR RESIDENTS TO REQUEST THEM
ELECTRONICALLY VIA ELECTRONIC
COMMUNICATION PRETTY SIMPLE
THERE.
SECONDLY THE BILL WOULD SHORTEN
THE NOTICE PERIOD FROM THIRTY TO
TWENTY EIGHT DAYS.
EIGHT TIMES THIS YEAR BECAUSE OF
ANOMALIES OF THE CALENDAR WE HAD
TO WAIT TWO MONTHS.
TO MAKE A DECISION ON SOMETHING
BECAUSE THERE WASN'T TWENTY
EIGHT DAYS BETWEEN MEETINGS. AND
SO.
AS WE MEET AT THE SAY THE FIRST
TUESDAY OF THE MONTH THERE'S NOT
ALWAYS ENOUGH DAYS THEIR
ACCOMMODATE THAT AND THEN AGAIN
WE HAD.
LAST ITEM IS IS THE ACCLAMATION
LAST YEAR WE RAN. THREE
ELECTIONS THAT WERE UNNECESSARY
FOR A COST OF OVER SIXTY
THOUSAND DOLLARS OF THE LAST ONE
COSTS HAVE GONE UP WAS TWENTY
EIGHT THOUSAND ALONE. AND SO.
WE THINK IT'S JUST A GOOD
BUSINESS GOOD FOR OUR RESIDENTS.
PARTICULARLY LOW INCOME
RESIDENTS TO NOT.
EXPAND THEIR RESOURCES WHEN THE
DETERMINATION OF THE ELECTION IS
ALREADY KNOWN.
AND SO WE ASK THAT THAT YOU
SUPPORT.
ARE BILL. THANK YOU.
THANK YOU VERY MUCH OTHER
WITNESSES AND SUPPORT MADAM
CHAIR MEMBERS OF THE COMMITTEE
LOUIS BROWN BEHALF THE COMMUNITY
ASSOCIATIONS INSTITUTE
CALIFORNIA LEGISLATIVE ACTION
COMMITTEE. FOR ALL THE REASONS
STATED HOW WE'RE IN SUPPORT OF
THE BILL AND ASK FOR AN AYE
VOTE.
OTHER WITNESSES AND SUPPORT
THEM.
ANY OTHER WITNESSES IN SUPPORT
DUH HERE IN THE AUDIENCE.
IF YOU'D STEP FORWARD PLEASE.
OKAY DOESN'T LOOK THAT WE DO.
SO WITH THAT.
WITNESSES IN OPPOSITION THANK
YOU FOLKS.
TWO WITNESSES PLEASE AND THEN IF
THERE ARE OTHERS IN OPPOSITION.
WHEN WE'RE DONE WITH THE
PRECIPITATION WOULD ASK YOU TO
LINE UP BY THE MICROPHONE.
GOOD AFTERNOON.
BOB GOOD AFTERNOON A MADAM CHAIR
AND MEMBERS OF THE COMMITTEE MY
NAME IS TOM SIR.
I'M A RETIRED SUPERIOR COURT
COMMISSIONER FROM ALAMEDA
COUNTY.
AND I'M HERE ON BEHALF OF THE
CENTER FOR CALIFORNIA HOMEOWNER
ASSOCIATION LAW.
WE ARE OPPOSING THE ACCLAMATION
PROVISION IN THIS BILL.
AND I KNOW THAT THIS IS THE
THIRD TIME THIS PROPOSAL HAS
BEEN MADE TO THE LEGISLATURE.
.
THAT IS TO ALLOW A CHEWY BOARDS
TO. HAVE THE POWER TO CANCEL
ELECTIONS BY DECLARING THAT THE
NUMBER OF CANDIDATES IS THE SAME
OR FEWER THAN THE NUMBER OF
VACANT.
BOARD POSITIONS AND THEN
CANCELING THE ELECTION AND
SITTING CANDIDATES BY
ACCLAMATION.
IN ITS FIRST ITERATION AB
SEVENTEEN NINETY NINE AND TWO
THOUSAND SIXTEEN. THAT PROPOSAL
WAS STOPPED HERE IN THE SENATE
JUDICIARY COMMITTEE.
IT SECOND ITERATION THAT WAS A.
B. FOURTEEN TWENTY SIX
INTRODUCED LAST YEAR DIDO
JANUARY THIRTY FIRST.
OF THIS YEAR WITHOUT HEARINGS.
SO WHY DOES THIS BILL KEEP
RETURNING.
WHEN WE HAVE RELIABLE EVIDENCE
THAT.
EACH YEAR WE BOARDS ARE ALREADY
INSERTING PROVISIONS INTO BYLAWS
PROCEEDING BOARD MEMBERS BY
ACCLAMATION.
IT'S ALREADY HAPPENING. I CAN
GIVE ME AN EXAMPLE OF MY VERY
OWN.
H. O. EIGHT WHERE RECENT
AMENDMENTS WERE INSERTED INTO
OUR BYLAWS AT THE SUGGESTION OF
COUNCIL. OF OUR OF. A TWO WEEK
COUNCIL.
SO IT WOULD APPEAR TO US IT
INCUMBENT BOARD MEMBERS ARE
SEEKING THE BLESSING IN THIS
LEGISLATURE.
THAT THEY ARE ALREADY. DOING.
AND THAT BECAUSE THEY KNOW THAT
THIS REALLY DOES A WRONGLY
DENIED TO A MEMBERS THEIR RIGHT
TO VOTE.
NOW OUR OPPOSITION IS BASED ON
THE FOLLOWING.
UNLIKE SCHOOL BOARD'S A CITY
COUNCIL SITUATE BOARDS HAVE THE
EXTRAORDINARY POWER TO SET
QUALIFICATIONS TO RUN FOR
OFFICE.
WE'RE NOT SAYING THAT THIS BILL
DOES THAT IT'S ALREADY IN THE
LAW.
AND WE HAVE A WELL DOCUMENTED
HISTORY OF IN COMPANY CHEWY
BOARD MEMBERS ABUSING THIS AND
OTHER POWERS TO PRESENT
CHALLENGES TO THEIR INCUMBENCY.
FOR EXAMPLE DAVE PRINT EDITOR.
TWO MINUTES IS UP THANK YOU SIR
NEXT WITNESS PLEASE OF THANK YOU
VERY MUCH OF MY NAME IS ERIC
SHIVARAM AN ATTORNEY WITH THE
LAW FIRM OF SHIVERING BOOZE.
I AM A CERTIFIED APPELLATE
SPECIALIST I WAS COUNSEL OF
RECORD IN THE WITTENBERG VERSES
BEACH WHAT HOMEOWNERS
ASSOCIATION A PUBLISHED MATTER.
AND MY PRACTICE DOES INVOLVE THE
REPRESENTATION OF THE DISSENTING
HOMEOWNERS AND I'M HERE TO POSE
OF THIS.
BUT A PROPOSED AMENDMENT AT
SPECIFICALLY THE ACCLAMATION
PORTION OF THIS AND I THINK
THERE'S A LITTLE BIT OF A
MISNOMER BECAUSE.
THE ISSUE ISN'T WHETHER OR NOT
WERE AVOIDING AN ELECTION
BECAUSE THERE ACTUALLY IS AN
ELECTION WHEN THERE'S AN
ACCLAMATION IT'S JUST ELECTION
WITHOUT A BALLOT. RIGHT SO THE
ISSUE REALLY IS.
.
IS THE BALLOT AN IMPORTANT PART
OF THE ELECTION PROCESS AND I'M
HERE TO TELL YOU THAT.
I BELIEVE IT IS THAT BE THE.
PROMISE THAT WE BEGIN WITH IS
THAT COMMON INTEREST
DEVELOPMENTS ARE QUASI
GOVERNMENTAL ENTITIES MANY CASES
OF SO HELD. AND AS SUCH.
THEIR ACTIONS ARE.
THEIR ACTIONS CONSTITUTE PRIVATE
CONDUCT WHICH IMPACTS A BROAD
SEGMENT OF SOCIETY AND THEREFORE
CONSIDERED MATTERS OF PUBLIC
INTEREST. THAT'S LANGUAGE FROM
THE DEMON CASE I'M AND I THINK
IT'S NOT A STRETCH TO.
TAKE IT FROM THAT PREMISE THAT
DENYING A BALLOT VOTE ON MATTERS
THAT DIRECTLY IMPACT THE
COMMUNITY AND IMPACT THE MEMBERS
HOMES.
IS.
PUTTING YOU ON A ROAD TOWARDS A
A CONSTITUTIONAL OR AT A MINIMUM
A BECAUSE A CONSTITUTIONAL
PROBLEM. SO I THINK THAT IS VERY
PROBLEMATIC THE OTHER PROBLEM I
SEE IS THAT THIS OPENS THE DOOR
THIS LEGISLATION OPENS THE DOOR
TO QUELLING DISSENTING VIEWS BY
FINDING WAYS TO NOT ALLOW
NOMINATIONS. I'VE SEEN THAT IN
PRACTICE.
TIME AND TIME AGAIN I GET CALLS
ALL THE TIME IN MY OFFICE. A
COST SAVINGS AS A REASON FOR
DOING THAT I THINK IS SUBTERFUGE
AND I THINK THAT IS GOING TO DO
NOTHING MORE THAN CHILL THE
VOTING PROCESS UNNECESSARILY.
AND YET TO LOOK NO FURTHER THAN
THE LEGISLATIVE HISTORY TO CIVIL
CODE FIFTY ONE OF FIVE ACTUALLY
THIRTEEN SIXTY THREE OH THREE AT
THE TIME IT WAS ENACTED IN TWO
THOUSAND FIVE. IT WAS AN ACT.
THERE WAS THE FINDINGS OF THE
WAS CONTAMINATED BY OPPRESSION
MANIPULATION AND INTIMIDATION OF
THE MEMBERS THE PROPOSED
LEGISLATION I BELIEVE IS A STEP
BACKWARDS FROM THAT GOAL. UNDER
THE AUSPICES OF COST SAVINGS AND
FOR THAT REASON I WOULD URGE NO
VOTE TAKEN VERY MUCH OTHER OTHER
WITNESSES IN OPPOSITION IF SO
WOULD YOU PLEASE. MAKE YOUR WAY
TO THE MICROPHONE YOUR NAME YOUR
AFFILIATION. ONLY PLEASE.
HOME.
CHAIRMAN JACKSON.
I'M JEFF TORTILLA AN ADVOCATE.
CARA.
MILLION PLUS HEARING CALIFORNIA.
OWL. HOME DISABILITY RIGHTS.
PROBABLY SEVERAL OTHER BODIES
BUT YES I DID IT WITH THE
REMARKS THROUGH THEIR.
AND THERE'S OTHER THINGS BUT
THAT'S WHAT YOU WANT TO HEAR.
THANK YOU SIR ALWAYS NICE TO SEE
YOU HERE.
NEXT WITNESS IN OPPOSITION
PLEASE.
MARJORIE MURRAY CENTER FOR
CALIFORNIA HOMEOWNER ASSOCIATION
LAW ON BEHALF OF OUR THOUSANDS
OF MEMBERS FROM SAN DIEGO TO
MODOC COUNTIES IN OPPOSITION TO
THIS BILL. THANK YOU.
NEXT WITNESS.
AFTERNOON MY NAME IS MARY BETH
LUIS I'M A HOMEOWNER I LIVE DOWN
IN MORGAN HILL WHICH IS IN SANTA
CLARA COUNTY AND I'M HERE TO
POSE S. B. ELEVEN TWENTY EIGHT
THANK YOU. THANK YOU VERY MUCH
NEXT WITNESS HIGH. CRUEL THE WAY
DOWN FROM.
THE SANDRA LISTEN THEM FROM THE
VENDORS CALIFORNIA AND I'M HERE
TO OPPOSE.
ROSE. I'M HERE TO OPPOSE THAT.
OKAY THANK YOU SO MUCH
APPRECIATED.
I'M JACOB MARCUS
FROM LOS ANGELES.
AND.
HOMEOWNER EIGHT HUNDRED UNITS
LOW SOUNDS AND I'M OPPOSING
PLEASE THANK YOU SIR.
THANK YOU.
DIANNE POOKIE MAN SQUARE OF
CHURCHILL A MADERA AND I'M
OPPOSING IT THANK YOU VERY MUCH.
MY NAME IS IRENE ARCHAEON I AM
FROM OREGON HILLS. OF SANTA
CLARA COUNTY AYE OPPOSED TO
BILL.
THANK YOU THANK YOU.
GOOD AFTERNOON MY NAME IS LINDA
HOPS ON A CONDO OWNER I FLIP YOU
YESTERDAY FROM SAN PEDRO
CALIFORNIA LOS ANGELES COUNTY AT
AYE OPPOSED TO SPILL THANK YOU.
THANK YOU.
WELL I'M MY NAME'S TREES LUCAS
AND I'M FROM MY SACRAMENTO YOLO
COUNTY. AND DISTRICT SIX AND I
OPPOSE THIS BILL THANK YOU VERY
MUCH.
IT AFTER DIEM MY NAME IS REALLY
WILLIAMS I'M A HOMEOWNER
HOMEOWNER WITHIN OFF. A CHAIR A.
I LIVE IN THE CITY OF CHOWCHILLA
IN THE COUNTY MADERA AND I
OPPOSE THIS EVENING. THANK YOU.
MY NAME IS MARILYN SHOES I OWN
MY HOME AND LIVABLE LEVEL BELOW
DIE AND I STRONGLY OPPOSE THIS
BILL.
THANK YOU.
GOOD AFTERNOON MY NAME IS JACK
BOLAND JACKSON I'M IN A SURE WAY
HOMEOWNER CONDO OWNER IN OAKLAND
CALIFORNIA. AND I OPPOSE THIS
BILL THANK YOU VERY MUCH.
HELLO MY NAME IS MICHAEL
WILLIAMS AB FROM CURCHILL
CALIFORNIA MADERA COUNTY ARE NOT
TELL CHAU THOUGH CENTER OF THE
UNIVERSE AS A WHAT WE OPPOSE
THIS BILL THANK YOU.
GOOD AFTERNOON MY NAME IS
KAROLINA RULE YOU AND I'M FROM
FREMONT ALAMEDA COUNTY AND I
STRONGLY OPPOSE THIS BILL THE
COUNCIL'S ELECTIONS THANK YOU
VERY MUCH.
I'M MARGARET SWEENEY FROM A
CASTRO VALLEY. IN ALAMEDA COUNTY
AND I OPPOSE THIS BILL.
THANK YOU.
I REALLY APOLOGIZE FOR BEING
LATE BUT JENNIFER WALK OUT ON
BEHALF OF THE CALIFORNIA
ASSOCIATION OF COMMUNITY
MANAGERS IN SUPPORT IN SPORT
ALRIGHT.
ARE YOU SURE ANYBODY ELSE IN
SUPPORT ANYBODY ELSE IN
OPPOSITION ANYONE IN STRONG
NEUTRALITY.
OKAY SEEING AND. HEARING NONE
LET'S ARE BRING IT BACK TO THE
DYESS SENATOR MORE LOCK AND I
HAVE A FEW COMMENTS AS WELL BUT
CENTER MORE LIKE PLEASE GO
AHEAD.
CHAIR SENATOR ROTH WOULD YOU
LIKE TO RESPOND TO SOME OF THE
ARGUMENTS HAVE BEEN MADE PLEASE.
WELL I WILL NOTE THAT THE HAS
ANALYSIS NOTED THAT
MUNICIPALITIES SEEM TO BE ABLE
TO USE ACCLAMATION UNDER THE
SAME CIRCUMSTANCES.
WE'RE NOT TALKING IS I NOTED AT
THE BEGINNING ABOUT DETERMINING
QUALIFICATIONS TO VOTER
QUALIFICATIONS TO SERVE ON THE
BOARD IN FACT.
THE PROPONENT THE SPONSOR OF
THIS BILL AND CERTAINLY I. FAVOR
OF FREE AND OPEN PROCESS TO
ENCOURAGE ALL WHO WANT TO SERVE
AND WISH TO SERVE ON A BOARD TO
DO SO AND TO SUBMIT THEIR NAMES.
AS PART OF THE PROCESS.
.
OTHER BILLS DEAL WITH THOSE
ISSUES THIS BILL DOES NOT.
VOTING IS ABOUT TO CHOOSING
BETWEEN ALTERNATIVES AND WHAT
WE'RE SAYING HERE IS AFTER THAT
FREE AND OPEN PROCESS WHEN ALL
WHO WISH TO SERVE SIGNED UP TO.
BUT BE CANDIDATES AND SUBMIT.
WHEN THE NUMBER OF CANDIDATES
OF SAY THREE EQUALS A NUMBER OF
VACANCIES LET'S SEE THREE WE SAY
ACCLAMATION AND. YOU DO NOT NEED
TO GO THROUGH THE VERY FORMAL
AND COMPLICATED PROCESS OF
RUNNING ELECTION WHEN THE NUMBER
OF CANDIDATES EQUALS A NUMBER OF
DIRECTOR VACANCIES ON THE BOARD.
Q. MAN CHARLES I'M OF THE BILL.
THANK YOU ANY OTHER COMMENTS
SENATOR MONNING.
THANK YOU MADAM CHAIR AND.
APPRECIATE THE AUTHOR'S
EXPLANATION IS STILL FURTHER
FOLLOW UP ON THAT THAT LAST
POINT THE MAIN CONCERN OF.
OPPONENT SEEMS TO BE THE
ELECTION ISSUE.
.
THE HOMEOWNERS ASSOCIATION WOULD
STILL REQUIRED TO GIVE. NOTICE
OF THE ELECTION PROCESS IS THAT
CORRECT TEN THE NOMINATION
PROCESS AND IN FACT THE
AMENDMENTS THAT THE COMMITTEE IS
SUGGESTED WHICH WE HAVE.
ACCEPTED AS AUTHORS AMENDMENTS
ALLOW THIRTY DAYS FOR THE
PROCESS TO ENSURE THAT IT'S FREE
AND OPEN IN THAT ALL CANDIDATES
WHO WISH TO SUBMIT THEIR NAMES
DO SO AND SUMMIT. OF TO THE
ELECTION PROCESS IF THAT'S WHAT
YOU HAVE IF THERE IS AN
ALTERNATIVE. OF THAT NEEDS TO BE
MORE CHOICE NEEDS TO BE MADE
THERE WILL BE AN ELECTION IN A
BALLOT PROCESS IN THE CHOICE
MADE.
AND.
AS I THINK I ALSO UNDERSTAND
FROM THE HOUSES
ONE OF THE MOTIVATIONS HEARS TO
SAVE MEMBERS OF THE COST OF
EXPENSIVE ELECTIONS IF. IF
THERE'S NOT A CONTESTED.
A CONTEST IS THAT EXACTLY. AND
IF IF INDIVIDUALS ARE INTERESTED
IN SUBMITTING TO THE PROCESSING
AND.
SUBMITTING THEIR NAMES FOR ONE
OF THE VACANCIES IF THEY'RE MORE
THAN THE NUMBER OF VACANCIES
THAT WILL BE A PAINFUL PROCESS
EXACTLY AS THE LAW REQUIRES.
THANK YOU THANK YOU MADAM CHAIR
THANK YOU.
SO I ALSO WANT TO THANK YOU FOR
TAKING THOSE AMENDMENTS I KNOW
THERE IS A STRONG CONCERN.
ABOUT SUPPRESSION AND I KNOW
THAT HISTORICALLY THERE ARE
THERE HAVE BEEN A NUMBER OF
INSTANCES WHERE THERE HAS BEEN.
THAT CONCERN WE'VE HEARD FROM A
NUMBER OF HOMEOWNERS WHO I FEEL
IS SO THERE.
THERE HAS BEEN AN EFFORT TO
SUPPRESS THEIR PARTICIPATION.
SO.
THE FACT THAT WE ARE HERE.
WITH.
THE A A ROBUST
ATTENTION ALL. OF OF OPTIONS OF
CANDIDATES OF BUT I ALSO AM
AWARE THAT THERE INSTANCES FOR
WHATEVER REASON PEOPLE DON'T
WANT TO SERVE AND THAT IN THOSE
SINCE INSTANCES IN THOSE
INSTANCES ALONE. WE'RE TALKING
ABOUT.
THIS MEASURE BECOMING EFFECTIVE
SO.
.
THE YOU KNOW WITH THE. I THINK
WHAT YOU'VE DONE HERE AND I
APPRECIATE THAT THAT A EFFORT IN
TAKING THE AMENDMENTS SO THAT.
ANY SHORTAGE OF CANDIDATES THAT
WE SEE WILL BE BECAUSE OF A
GENUINE LACK OF INTEREST OR
AVAILABILITY AND NOT SUPPRESSION
AND I THINK THAT'S IMPORTANT FOR
THE OPPONENTS HERE. TO
UNDERSTAND.
.
AND I KNOW THAT IF YOU KNOW
THERE THERE HAVE BEEN THESE
PROBLEMS.
ABOUT SUPPRESSING DISSENT AND
WE'VE GOT OTHER BILLS TODAY THAT
WILL ADDRESS THAT BUT.
THESE.
THE THOSE CONCERNS.
THAT A GOATEE ISSUES AROUND
TRYING TO DISQUALIFY CANDIDATES.
MEMBER DISENFRANCHISEMENT LACK
OF ELECTIONS TRANSPARENCY.
THINKS IT WILL STILL BE A
PROBLEM A IF THIS MEASURE
DOESN'T GET ENACTED AND I
BELIEVE WE HAVE A ANOTHER BILL
TODAY THAT DOES ADDRESS THOSE
ISSUES. BY SENATOR Y. KASKI WILL
ADDRESS THOSE AT THAT TIME. SO I
I APPRECIATE THE CONCERNS I DO
BELIEVE THAT YOU'VE A ADDRESS
THE PROBLEM. OF THE TO THE.
THAT IN THE BEST INTERESTS OF
THOSE PEOPLE WHO ARE CONCERNED
ABOUT THIS AND ALSO IN REDUCING
THE COSTS.
ASSOCIATED WITH.
PEOPLE JUST DON'T WANT TO SERVE
IN THE.
IN OR NOT WILLING TO STEP
FORWARD BUT THAT IS A VERY
DIFFERENT ISSUE AND SO WITH
THAT.
.
I. WANT TO THANK YOU FOR YOUR
EFFORT AND AND I KNOW THAT WE
SEEN THIS ISSUE COME TO US
BEFORE AND I THINK THIS TIME
WE'VE. WE'VE GOT IT RIGHT AND.
WE DO HAVE A MOTION. OF BIO
SENATOR MORE LOCK AND THE MOTION
IS TO PASS AS AMENDED TO THE
SENATE FLOOR.
SENATOR WOULD YOU LIKE TO CLOSE
THIS RESPECTFULLY AS FEAR AYE
VOTE I THINK YOU FOR YOUR
PATIENCE.
THANK YOU SIR.
PLEASE CALL THE ROLL. JACKSON
AYE JACKSON AYE MORE LOCK.
A LOT AYE ANDERSON AYE AYE.
ANDERSON AYE HERTZBERG. MONNING.
MONNING AYE STERN. STERN AYE
WIECKOWSKI.
FIVE TWO FIVE TWO ZERO DOES
POINT TIME WILL PLACE MATTER ON
CALL.
FOR THE ABSENT MEMBER AND
APPRECIATE YOUR. OF PRESENTING
TO US TODAY THANK YOU ALL VERY
MUCH THANK YOU MADAM CHAIR
COLLEAGUES.
RIGHT TWO WEEKS.
WELL LET'S SEE WHAT WE DID HAVE
WOULD YOU CHECK IF SENATOR HILL
IS NOT IN THE HALLWAY WILL TAKE.
WILL TAKE SENATOR WHY KOWSKI
SINCE HIS BILL RIGHT BEARS SOME
RELEVANCE TO THIS.
NO HE'S HERE.
THE SIDE IN THE HALLWAY TO WE
HAVE NO PRISONERS HERE ART SO
WHY DON'T YOU GO AHEAD CHEN.
YES SUCH AS TO THE ONE SENATOR
THAT DEALS WITH THIS VERY SAME
ITEM BECAUSE I'VE A FEELING THAT
THERE ARE PEOPLE HERE.
FOR THESE
TWO BILLS.
LET THIS THING WITNESSES THIS IS
FILE IEM ELEVEN WE'RE GOING TO
TAKE FILE ITEM.
ELEVEN WHICH IS S. B. TWELVE
SIXTY FIVE.
ONE SECOND IF YOU.
I TOOK THE. LEAD.
NQUIRE. AND SHE.
SOME OF THEM LEGAL NEVER.
AND LATER MY PAN PHILIP I PICK
THE MUSIC.
AFTERNOON NO SENATOR WIECKOWSKI
IF YOU PROCEED A AGAIN OF SAME
FOLKS IF YOU DIDN'T HAVE TO MOVE
EXCELLENT SO YOU ARE POSING AND
NOW YOU'RE SUPPORTING. VERY
GOOD.
SENATOR WIECKOWSKI PLEASE
PROCEED MADAM CHAIR MEMBERS FOR
SOFT ELECTED THINK TO COMMITTEE
FOR ITS WORK ON THE BILL AND I
WILL BE ACCEPTING THE AMENDMENTS
OUTLINED IN THE TWENTY TWO PAGE
ANALYSIS. THAT'S BEFORE YOU.
SENATOR PHIL PLOT COULD IF BILL
TWELVE SIXTY FIVE WILL
STRAIGHTEN THE DEMOCRATIC
GOVERNANCE IN CALIFORNIA'S FIFTY
TWO THOUSAND HOMEOWNERS
ASSOCIATIONS. UNFORTUNATELY AS
WE HEARD IN THE PREVIOUS BILL
MORE THAN A FEW HOMEOWNER BOARDS
HAVE USED THEIR BY LAWS AND
RULES TO MAINTAIN THEIR POWER
AND CONTROL OVER THEIR
ASSOCIATION TO THE EXCLUSION OF
OTHER RESIDENTS. OFTENTIMES THIS
EXCLUSION THE SELECTIVE FINING
AND THEN DISQUALIFYING THOSE
PARTICULAR RESIDENTS WHO SEEK TO
CHALLENGE THE STATUS QUO AND
HAVE A SEAT AT THE TABLE. BOARDS
HAVE ALSO MANIPULATE ELECTIONS
REFUSE TO HOLD THEM AT ALL PORTS
IT FAILED TO PROPERLY NOTICING
ELECTION FAILED TO DELIVER
BALLOTS TO ALL RESIDENTS REFUSE
TO COUNT. OF VALID BALLOTS AND
DENIED ACCESS TO THE COUNTING OF
BALLOTS AFTER ELECTIONS AMONG
OTHER THINGS.
SOMETIMES JUST THE NILE OF AXIS
IS PHYSICAL WITH THE BALLOTS
COUNTED IN A SECRET OFFSITE
LOCATION IS SOMETIMES THE
DENIAL.
IS OVERLOOKED THAT LIMITED SPACE
ALL OF THIS BEHAVIOR ONLY
EXACERBATES DISTRUST.
BETWEEN THE RESIDENTS AND THE
BOARD MEMBERS.
THIS BILL BEFORE YOU SENATE BILL
TWELVE SIXTY FIVE WILL OUT WITH
THAT WILL ADD FOUNDATIONAL
REQUIREMENTS THAT. MUST BE MET
IN HOMEOWNER ASSOCIATION
ELECTIONS AND INTERNAL DISPUTE
RESOLUTION TO HELP PREVENT MUCH
OF THE BAD BEHAVIOR AND
CORRUPTION THAT OCCURS. WITH.
.
IN HOMEOWNERS ASSOCIATIONS
HERE'S HERE WITH ME IN SUPPORT
AS JUDGE TOM SERVE WITH THE
CENTER FOR CALIFORNIA A H. AWAY
LAW AND ERIC SCHAEFFER WITH.
HIS LAW FIRM.
THANK YOU VERY MUCH
TWO MINUTES PLEASE.
BUT MY STOPWATCH HERE.
FILL THE CENTER FOR CALIFORNIA
HOMEOWNER ASSOCIATION LAW IS A
STATEWIDE ORGANIZATION THAT HAS
BEEN INSTRUMENTAL. IN PROTECTING
THE RIGHTS AND INTERESTS OF
INDIVIDUAL HOMEOWNERS THROUGH
LEGISLATIVE ADVOCACY FOR MANY
YEARS AND THAT HAS BEEN
PRIMARILY IN THE PERSON OF OUR
PRESENT IN NEW HERE. PART OF
MERGING VERY.
THE WE'RE THE SPONSORS OF THIS
BILL BASED ON COMPLAINTS AND
CALLS FOR HELP.
THAT THE CENTER HAS RECEIVED
FROM ALL AROUND THE STATE OF
CALIFORNIA SALUTE THIS FOR THE
PROPOSAL IS BASED IN A REALITY
THAT WE SEE.
AND ARE IN A UNIQUE POSITION TO
OBSERVE
I WANT TO ADDRESS SOME OF THE
SPECIFIC.
CONCERNS OF THE OPPOSITION ONE
OF WHICH IS PRIVACY BY.
PUBLISHING A VOTER LISTS.
THIS IS REALLY THE EQUIVALENT
OF.
ALL OF YOU I SHOULD QUITE
FAMILIAR WITH THE VOTER
REGISTRATION LISTS THAT YOU HAVE
TO HAVE IT'S VITAL TO THE
CONDUCT OF ANY KIND OF A
CAMPAIGN.
AB MEMBERS MAY BE IDENTIFIED IN
THIS SITUATION THE H. AWAY
SITUATION BY PARCEL NUMBER ONLY.
AND THE PURPOSE FOR.
ASKING THAT THESE BE PUBLISHED
IS TO MAKE SURE THAT CURRENT
MEMBERS ARE ABLE TO PARTICIPATE
IN THE ELECTION THEY CAN FIND
OUT IF THEY'RE ON THE LIST OR
NOT. IT IN THE EVENT OF A
CHALLENGE TO ENABLE CHALLENGERS
TO REVIEW THE RESULTS.
ADULTS OF THE ELECTION. AS
ANNOUNCED BY THE INSPECTOR.
THE ISSUE OF DISQUALIFYING A
CANDIDATE FOR OWING AN
ASSESSMENT REAR EACH THAT WOULD
BE VERY MUCH LIKE DENYING AND
THE ABILITY OF SOMEONE TO RUN
FOR PUBLIC OFFICE. BECAUSE OF
BACK TAXES THAT BAY MAYO.
I WANT TO TALK BRIEFLY ABOUT.
THE NEED FOR GUIDANCE FOR SMALL
CLAIMS JUDGES.
I. HAVE BEEN HEARING.
A SMALL CLAIMS CASES FOR.
SIXTEEN YEARS NOW AND I ALSO
SPENT FIVE YEARS AS THE CHAIR.
OF THIS JUDICIAL COUNCIL
SUBCOMMITTEE OF SMUGGLING SO I
KNOW WHAT GOES ON IN SMALL
CLAIMS HEARINGS AND BELIEVE ME.
SMALL CLAIMS JUDGES VERY MUCH
NEED THE GUIDANCE THAT IS
OFFERED IN THIS BILL.
THANK YOU VERY MUCH WELCOME.
THANK YOU SIR NEXT WITNESS THANK
YOU MADAM CHAIR MY NAME IS ERIC
SHIVER FROM THE LAW FIRM OF
SHIVERING BLUE SUMMER CERTIFIED
APPELLATE SPECIALISTS I WAS
COUNSEL OF RECORD IN THE
WITTENBERG. PURSES BEACH HAT
HOMEOWNERS ASSOCIATION DECISION
WHICH IS WHY A PARTICULAR THIS
BILL IS NEAR AND DEAR TO MY
HEART.
THE PROPOSED AMENDMENT TO
SECTION FIFTY ONE FORTY FIVE A.
.
TAKES AWAY THE DISCRETIONARY.
NATURE OF THE OF THE CURRENT
LAW AND MAKES IT MANDATORY THAT
A COURT WOULD VOID ELECTION
RESULTS UPON A FINDING OF
ELECTION VIOLATIONS. REALIZE
CURRENTLY WRITTEN REALLY HAS NO
TEETH TO GIVE THE COURT TO
DISCRETION DISCRETION DEVOID
RESULTS EVEN AFTER VIOLATIONS
ARE FOUND. BUT IN ADDITION TO
THAT IT KEEPS THE BURDEN ON THE
DISSENTING HOMEOWNER TO GO BACK
AND PROVE THAT THE VIOLATION TO
THE ELECTION.
PROCESS.
WAS.
AFFECTED THE OUTCOME I THINK.
IT MAKES GOOD SENSE THAT THE
ONCE THERE HAS BEEN A FINDING OF
AN ELECTION VIOLATION THAT THAT
BURDEN SHOULDN'T FACTION OF TO
THE HOMEOWNERS ASSOCIATION TO
SHOW THAT THE VIOLATION WAS NOT
AN INTENTIONAL ONE AND THAT IT
DID NOT. BUT THAT IT DIDN'T
AFFECT THE OUTCOME I DON'T THINK
THE IT'S FAIR TO HAVE THE
HOMEOWNER BEAR BOTH OF THOSE
BURDENS ON THE CREATES AN OWNER
IS TIME CONSUMING AND EXPENSIVE
PROCESS FOR THE DISSENTING
HOMEOWNER.
GOOD ADDITION IF WE LOOK AT THE
WITTENBERG DECISION THE COURT
SPECIFICALLY NOTED THAT
VIOLATIONS MAY BE RELEVANT TO
THE ANALYSIS BUT IT'S UP TO THE
COURT TO DECIDE WHETHER OR NOT
TO AVOID THE RESULTS. HIDING
VIOLATION SHOULD BE MORE THAN
RELEVANT I THINK THAT WAS A
SHORTCOMING IN THE WOOD BURKE
DECISION I THINK VIOLATIONS
SHOULD CARRY THE DAY AND TO TAKE
THE POSITION OTHERWISE IN MY
DOG. I THINK ONCE THE VIOLATION
IS IN FACT SHOWN THAT BURDEN
SHOULD SHIFT TO THE HOMEOWNERS
ASSOCIATION TO JUSTIFY ITS
ACTION AND NOT THE OTHER WAY
AROUND.
BECAUSE OF THAT I URGE A YES
VOTE ON THIS THANK YOU VERY
MUCH.
THANK YOU VERY MUCH WITNESSES
AND SUPPORT IF YOU'D STEP
FORWARD TO THE MICROPHONE WITH
YOUR NAME AND AFFILIATION
PLEASE.
SYNCHRO.
MARJORIE MURRAY CENTER FOR
CALIFORNIA HOMEOWNER ASSOCIATION
LAW ON BEHALF OF THE THOUSANDS
OF OUR MEMBERS FROM SAN DIEGO TO
MODOC COUNTIES IN SUPPORT.
THANK YOU.
I'M MARY BETH LUIS A. M. A
HOMEOWNER MARKET HEALTH AND
SANTA CLARA COUNTY AND I SUPPORT
THIS BILL. THEY CAN.
CAROLINE NEVER LEO STRONGLY
SUPPORTING BILL TWELVE SIXTY
FIVE CONFIRMING OUR RIGHT TO
VOTE.
THANK YOU.
I'M MICHAEL WILLIAMS FROM
CHOWCHILLA WHICH IS AN AMERICAN
AND MADERA COUNTY AND I SUPPORT
THIS BILL. THANK YOU SIR.
DIANNE POOKIE MAN SKINNER
JUMPED FROM TALK JEALOUS
SUPPORTING THANK YOU.
GOOD AFTERNOON RAYLENE LOCKER
CITY A CHILD SHALL LEAD COUNTY A
PADERA I SUPPORT. BIG A VERY
MUCH ME SILICON IS FROM WEST
SACRAMENTO YOLO COUNTY A CONDO
HOMEOWNER IN A STRONGLY SUPPORT.
BACK YOU.
HI ILLINOIS MONDRAGON. AUTUMN
HOMEOWNER OF SIX HUNDRED UNITS.
I'M VOTING FOR.
SUPPORTING. S. B. ONE TWO SIX
FIVE.
POLICE THANKLESS.
THANK YOU.
JACOB MARCUS LOS ANGELES COUNTY
IN SUPPORT OF THE BILL THINKING.
I'M JACQUELINE JACKSON FROM
OAKLAND IN ALAMEDA COUNTY AND I
STRONGLY SUPPORT THE BILL. MAKE
YOU VERY MUCH.
MARILYN HERE'S A HOMEOWNER IN
LODI CALIFORNIA AND I SUPPORT
THE BILL. THANK YOU.
I AM IRENE ARE DE ALL MORGAN
HOMEOWNER MORGAN HILL CALIFORNIA
SANTA CLARA COUNTY. AND I
STRONGLY SUPPORT SENATOR VINCE
GOV SKI BILL THING HERE THANK
YOU.
MY NAME IS LINDA HARTSON MACONDO
OWNER FROM SAN PEDRO CALIFORNIA
I ANNOUNCED MY SUPPORT OF
SENATOR WILL COST THESE TWELVE
SIXTY BY BILL WHEN STEVIE
WONDER'S RADIO STATION THANK
YOU.
THANK YOU.
MARGARET SWEENEY AND THEN.
.
CASTRO VALLEY AND I AM A
HOMEOWNER AND A BOARD MEMBER AND
I HIGHLY SUPPORT THIS.
THANK YOU SO MUCH COUNTY THANK
YOU.
THE CHAIR IS SEEMS TO BE IN THE
WAY BUT.
GOOD AFTERNOON MEMBERS KEVIN
BACK AMERICAN CIVIL LIBERTIES
UNION OF CALIFORNIA WE DON'T
HAVE A RADIO STATION BUT WE DO
SUPPORT THE BILL.
HE MIGHT ASK HOW TO DIAL INTO
STEVIE WONDER'S STATION.
THANK YOU AND AFTER A YEAR GET
EVEN THE LAST RUDY IN SUPPORT OF
THIS.
ALWAYS A PLEASURE.
ALRIGHT WITNESSES IN OPPOSITION.
THEIR WITNESSES IN OPPOSITION.
IT'S SLOW CHIU WERE COMING AND
STEPPED FORWARD.
GOOD AFTERNOON.
GOOD AFTERNOON MADAM CHAIR
MEMBERS OF THE COMMITTEE OF OUR
KNOWING HE JAKE ON BEHALF OF THE
COMMUNITY ASSOCIATIONS INSTITUTE
CALIFORNIA LEGAL AFFAIRS
COMMITTEE IN OPPOSITION.
FOR CA I DOES SUPPORT FAIR AND
EQUITABLE ELECTIONS AND WE DO
SUPPORT TRANSPARENCY IN THESE
ELECTIONS WE BELIEVE THAT THE
DAVIS STIRLING ACT IS DOING A
GOOD JOB OF DOING THAT. AS TO
TWELVE SIXTY FIVE AND WE HAVE A
COUPLE ISSUES FIRST WE DON'T
BELIEVE THAT THE LANGUAGE IN THE
LEGISLATIVE INTENT. IS FACTUALLY
CORRECT.
AWHILE THERE ARE CERTAIN POWERS
THAT HOMEOWNERS ASSOCIATIONS
HAVE AND THEY ARE LACKING A LOT
OF OTHER OF OTHER POWERS
MUNICIPALITIES AND GOVERNMENTS
HAVE AND WE DON'T THINK THAT IT
THAT THIS LANGUAGE IS NECESSARY
IN THE BILL. SECOND WE BELIEVE
THAT ASSOCIATION SHOULD BE ABLE
TO ESTABLISH QUALIFICATIONS FOR
THEIR BOARD MEMBERS THE ANALYSIS
IS A VERY GOOD JOB OF LAYING OUT
SOME OF OUR CONCERNS. WHEN IT
COMES TO.
MEMBERS WITH CERTAIN FELONY
CONVICTIONS.
NOT BEING.
NOT HAVING BEEN CURRENT WITH
THEIR ASSESSMENTS THESE ARE
LEGITIMATE CONCERNS THAT SHOULD
BE TAKE THAT SHOULD BE CERTAIN
QUALIFICATIONS WHEN IT COMES TO
BOARD MEMBERS. WE WOULD DO YOU
PROPOSE THAT QUALIFICATIONS
COULD BE ESTABLISHED THROUGH THE
BY LAWS NOT ONLY BE CHANGED
THROUGH THE BY LAWS WHICH
REQUIRES A VOTE OF THE
MEMBERSHIP.
AND THAT. THERE WOULD HAVE TO
BE SOMETIME CARRIED SUCH AS
NINETY DAYS BEFORE ELECTIONS FOR
THOSE QUALIFICATIONS TO BE VOTED
ON.
THIRD WE THINK THERE ARE STRONG
PRIVACY CONCERNS WITH THIS
UNDER CURRENT LAW MEMBERS CAN.
YOU CAN INSPECT BALLOTS BUT
THEY CAN'T COPY THEM UNDER THIS
BILL MEMBERS WILL BE ABLE TO
VIEW THE BALLOTS VIEW THE
SIGNATURES THAT ARE ON THE
OUTSIDE. OF THE ENVELOPES
BALLOTS ARE PUTTING AND MAKE
COPIES OF THOSE SIGNATURES AND
BALLOTS THAT'S ACTUALLY
OVERTURNS CASE SIGN CHANTILLY VA
LAKE FOREST WHICH FOUND THAT A
MEMBERS RIGHT TO INSPECTION HAS
TO BE BALANCED AGAINST THE OTHER
MEMBERS RIGHTS TO PRIVACY WHEN
IT COMES TO THEIR VOTING RIGHTS.
THIS IS ACTUALLY A
CONSTITUTIONAL PRIVACY RIGHT AS
HELD BY THE COURT. AND FOUND
THAT THIS THE COURT FOUND THAT
THIS PARTICULAR TYPE OF
INFORMATION.
IS A CONSTITUTIONAL RIGHT
BECAUSE IF SOMEONE CAN ACTUALLY
MATCH UP. THE VOTER WITH HOW
THEY VOTED. THAT MAY CAUSE A
CHILLING EFFECT ON THEIR ABILITY
TO VOTE THANK YOU VERY MUCH NEXT
WITNESS.
MADAM CHAIR MEMBERS JENNIFER
WHAT ON BEHALF OF THE CALIFORNIA
ASSOCIATION OF COMMUNITY
MANAGERS WE SHARE THE CONCERNS
OF CA I.
WE DO HAVE CONCERN ABOUT THE
CHARACTERIZATION OF CID SAYS AS
BECAUSE I GOVERNMENT ENTITIES
BEES ARE NONPROFIT ENTITIES
THEY'RE FORMED UNDER THE
CORPORATION'S CODE. THAT ARE
SOLELY BORN OUT OF CONTRACT
BETWEEN A HOMEOWNER AND AND THE
COMPANY JUST DVELOPMENT. AND WE
ALSO SHARE THE CONCERNS ABOUT
THE MINIMUM QUALIFICATIONS BEING
ALMOST ENTIRELY REMOVED WE DO
APPRECIATE THE AMENDMENTS OF THE
AUTHOR BUT BELIEVE THERE'S A LOT
MORE TO GO. ON BUT I DO WANT TO
AND WITH AGREEING THAT WE.
CERTAINLY UNDERSTAND THE
OBJECTIVE OF THE BILL AND
CERTAINLY DON'T CONDONE ANY AND
REASONABLE ARE OR.
DISCRIMINATORY RESTRICTIONS ON
QUALITY OF CANDIDACY FOR THE
BOARD.
THE KIDS.
THANK YOU VERY MUCH OF THEIR
OTHER WITNESSES HERE IN
OPPOSITION TO THE BILL. ANY
WITNESSES IN OPPOSITION.
ALRIGHT WE'LL BRING IT TO THE
DYESS SITES I I WANNA.
DID CONFIRM MERCHANTS REASSERT
I GUESS MY. MY STRONG BELIEF
THAT HOMEOWNERS WITHIN THESE
COMMON INTERESTS DEVELOPMENTS
REALLY NEED TO HAVE A VOICE IN
HOW THEIR GOVERNMENT THERE ARE
MAJOR DECISIONS THAT ARE
FREQUENTLY. MADE BY THESE
ASSOCIATIONS AND I WANT
COMMUNITIES.
TO BE ABLE TO MAINTAIN CONTROL
OVER THERE SURROUNDING SO.
WHEN I THINK ABOUT THESE THINGS.
AND HEAR ABOUT THEM AND AND I
THINK THIS IS AN ISSUE THAT HAS
RAISED HOW SOME REAL CONCERNS BY
HOMEOWNERS THINGS LIKE OUTSIDE
INVESTORS BEING ABLE TO TAKE
OVER COMMUNITIES AND IMPOSE
THEIR WILL. AS AN EXAMPLE THE
PROLIFERATION OF THERE BEING BE
TYPE ABSENTEE OWNERSHIP
SITUATIONS WHERE COMMUNITY
MEMBERS ARE OPPOSED IN THE
SIGNIFICANCE OF WHAT HAPPENS.
WHEN A AN AREA THAT A COMMUNITY
WHICH HAS BEEN PRIMARILY.
INHABITED BY THE OWNERS NOW
BECOMES A SOMETHING DIFFERENT
THE HOMEOWNERS REALLY SHOULD
HAVE AN OPPORTUNITY TO HAVE A
SAY.
SO I DO APPRECIATE THE THE OF
REFORMS AT THE BILL PROPOSES AN
OVERALL I THINK THE TO HELP
ENSURE THAT HR WAYS.
GENUINELY THE BOARDS GENERALLY
DO REPRESENT THE WILL OF THE
COMMUNITY.
BUT AT THE SAME TIME I THINK
THERE ARE. SOME LEGITIMATE
GROUNDS FOR CANDIDATE
QUALIFICATIONS SO I DO
APPRECIATE THE AMENDMENTS THE
AUTHOR HAS TAKEN WITH REGARD TO
FOR EXAMPLE FELONY FINANCIAL
CRIME CONVICTIONS I DON'T THINK
ANY OF US WANT THOSE PEOPLE.
WITH STICKY FINGERS
PARTICULARLY.
AND INVOLVED IN THIS PROCESS
AND IT'S ALSO AS I UNDERSTAND IT
INTO CONSISTENT WITH ELECTION
LAW. IN IMAGES MAKES SENSE.
.
BUT I DON'T WANT A CHOICE TO BE
ABLE. TO USE.
SOME OF THESE CRITERIA AS A WAY
TO STIFLE DISSENT WHICH WAS THE
CONCERN THAT WE HEARD IN THE
PRIOR BILL AND SO WE REALLY ARE
THREADING A NEEDLE HERE.
THE SAME TIME I DON'T THINK.
BUT I DO THINK ACTUALLY THAT
THERE IS LEGITIMACY TO THE
ARGUMENT THAT COMMUNITY MEMBERS
SHOULD BE TAPPED TO BE UP TO
DATE IN PAYING THEIR FAIR SHARE
OF COMMUNITY EXPENSES IT'S NOT
PART OF THE BILL BUT. I WOULD
URGE THE AUTHOR TO CONTINUE TO
WORK WITH THE OPPOSITION THE
FIND THE RIGHT BALANCE IN THAT
REGARD. NEEDED THE YOU KNOW IF
YOU'RE NOT AYE I UNDERSTAND TO
THERE ARE. ABUSES AND THAT'S WHY
YOU HAVE SORT OF CLEARED THE
DECK BECAUSE THERE HAVE BEEN
ABUSES WHERE SOMEONE IS CA AGAIN
ON CONTINUALLY FIND FOR
SOMETHING THAT THEY'RE OBJECTING
TO BUT THERE ARE CERTAIN BASIC
EXPENSES THAT.
THAT HOMEOWNERS HAVE TO PAY IN
THE THE ONES THAT DON'T PAY IT.
A DO SO TO THE DETRIMENT OF THE.
OF THE HOMEOWNERS TO DO SO I DO
APPRECIATE THAT AND TOM.
I WONDER IF YOU.
.
DAY YOU KNOW SEEING THAT THESE
BILLS TO TRY TO WORK IN TANDEM.
IS THERE ANY WAY THAT.
THAT YOU MIGHT BE ABLE TO WORK
TOGETHER TOWARDS AN AGREEMENT
WITH THE. SENATOR ROTH'S BAN ON
THAT ENCOMPASSES THE KEY
ELEMENTS OF BOTH OF THESE BILLS.
AYE I DON'T.
I THINK THE ADVOCATES OF THE
BILL ARE ON THE ACCLAMATION
PIECE THE OTHER TWO ARE. REALLY
NOT CONTROVERSIAL SO I'M JUST.
I I I I SEE WITH THE CHAIR WOULD
LIKE US TO GO ON THAT BUT I'VE
HAD I JUST THINK IT'S THAT COULD
HAVE TO THAT YOU READ TOGETHER I
THINK THEY. MIGHT BY ADVOCATES
FEEL BETTER IF TWELVE SIXTY FIVE
IS IN THERE AND THEN IT IT
ADDRESSES SOME OF THAT
DISQUALIFICATION SINCE SOME OF
THE CONCERNS THAT THEY HAVE
SEVEN. BUT IT WILL.
AND I HAVE SINCE BEGINNING
TALKING TO THE OTHER SIDE AND AS
LONG AS I'VE BEEN HERE THE THE
BATTLES BETWEEN THESE TWO
ENTITIES AND AND GROUPS IF YOU
WILL A.
HAS BEEN PRONOUNCED SO IF
THERE'S SOME WAY THAT WE COULD
GET CLOSER TO YES THAT WOULD BE
GREAT IF NOT I TOTALLY. I
TOTALLY UNDERSTAND BUT.
I APPRECIATE WHAT YOU'VE DONE IN
THE BILL THE AMENDMENTS SHOULD
TAKEN SO WITH THAT ARE THERE ANY
OTHER QUESTIONS SENATOR ANDERSON
AND SENATOR STERN TO FALL. IDEA.
I LIKE THE BILL.
RIGHT I DO HAVE A.
TWO CONCERNS ONE IS.
.
NOW IN THIS VERSION OF THE BILL.
IF SOMEONE'S BEHIND ON THEIR
ASSOCIATION FEES.
WOULD THEY STILL BE ALLOWED TO
VOTE FOR YES THEY WOULD OKAY
MEAN THAT WOULD AYE I THINK THE
ANALYSIS TALKS BUT THAT'S A
CAMPAIGN A CAMPAIGN DISCUSSION
BUT NOT PAYING THEIR FEES DON'T
FALL FOR. SALE OR PAPER BOTH.
MITCHELL HE PACES FEES.
ARAB I KNOW IN SOME SITUATIONS.
THE PERSON'S CONTESTING THEIR
FEES.
THEY MEAN UP GOING TO COURT OVER
IT IN MAY TAKE A COUPLE YEARS TO
GET IT DONE. BUT THAT DOESN'T
MEAN THAT THEY DON'T INTEND TO
PAY. THEY'RE JUST PUTTING THE
MONEY IN TRUST I MEAN I KNOW
THAT HAPPENED NOW WANT TO MAKE
SURE THAT THEY WOULD HAVE THE
ABILITY TO VOTE.
WE ALSO HAVE AN ISSUE WHERE
SOMETIMES. PEOPLE ON THE BOARD
HAD VOTED FOR SPECIFIC THINGS
FOR THEMSELVES BUT TONIGHT
EVERYBODY ELSE THOSE ITEMS.
AND SO I WANT TO MAKE SURE THAT
PEOPLE HAVE THEIR SAY BECAUSE I
THINK IT'S IMPORTANT.
BUT WHAT TROUBLES ME TODAY IS
THE PERFECT PRIVACY ISSUE.
YOU SEE IN SOME LISA SOCIAIS
SHINS THERE'S NOT A LOT OF
PEOPLE.
AND WHEN YOU NORTH THE VOTE
COUNT AS IT'S NOT HARD TO FIGURE
OUT HOW PEOPLE VOTED.
IN THESE ARE PEOPLE YOU HAVE TO
LIVE WITH. AND I DON'T KNOW HOW
WE FIX THAT PER SE.
BUT I'M REALLY CONCERNED.
THAT EVEN IN THE COMMUNITY A
FIFTY OR SIXTY PEOPLE.
AND YOU ARE FIFTY OR SIXTY
VOTES.
IT'S GONNA ITS PURPORTED
CHILLING EFFECT ON VOTING.
AND WHEN YOU HAVE TO CHOOSE
BETWEEN YOUR NEIGHBORS FOR THOSE
BOARD POSITIONS.
THEY CAN GET VERY VERY DICEY.
SO.
WHILE I WANT PEOPLE TO HAVE
SOME TRANSPARENCY IN ART
ELECTIONS.
NO ONE'S GONNA PUT TOGETHER WHO
VOTED FOR HOME IF IT UNLESS THEY
TELL YOU WHAT THEY DID. BECAUSE
THERE'S JUST TOO MANY PEOPLE
VOTING.
BUT IN SOME THE ASSOCIATIONS ARE
SO SMALL.
HE WOULD BE QUITE OBVIOUS.
IF THEY KNEW WHAT THE VOTE
COUNTS WERE. AND.
.
IN THEY SAW THE SIGNATURES SO I
I KNOW.
.
SO I'M REALLY TORN ON WHERE I AM
TODAY BECAUSE AT THAT THERE HAS
A CHILLING EFFECT I WANT
EVERYBODY TO PARTICIPATE IN THE
VOTE. AND I DON'T WANT THEM TO
BE OUTED.
WHEN IT'S A SECRET BALLOT.
AND WE SHOULD LIKE TO RESPOND TO
THAT TO THAT WHERE WE COULD WE
WERE LOOKING AT THAT COPIER AT
WE LOOKED AT THE COP IN PART
BECAUSE WE'RE I'M NOT REALLY
SURE HOW PEOPLE USE IT.
SIGNATURE TO TO EXPLOIT BUT BUT
WE WANT TO HAVE I THINK THE THE
GIST OF WHAT WE'RE TRYING TO DO
IS TO HAVE THAT OPEN. UP
ELECTION SO THAT PEOPLE ARE
THERE WHETHER COUNTING SAID THEY
HAVE SOME VERIFICATION ON IT NOT
CONTINUE TO WORK WITH WITH THE
OPPONENTS I'M. YOU KNOW I I. AS
WE CAN TELL FROM THE FOLKS ARE
HERE THE SOMETIMES USER
CONTENTIOUS ELECTIONS THAT THEY
HAVE THAT THAT THAT THEY HAVE
DIFFERING VIEWS OF WHAT SHOULD
GO ON AND. AND IT'S THE IT'S THE
CONCERN FOR THE MANIPULATION AND
WOOD ISN'T JUST.
FALL OFF THE APPLE CART DECIDE
TO MAKE THIS BILL ONEROUS
THERE'S THERE'S REASONS WHY
WE'RE HERE FOR SOME VIOLATIONS
HAVE OCCURRED SO. THROUGH THE
CHAIR.
IF SENATOR ARE. WHEN THINGS
CERTAIN MIGHT BE MIGHT SOLVE IT.
IS HAVING A THIRD PARTY COUNT
THE VOTES IN PARTICIPATE SO THEY
DON'T HAVE ANY FINANCIAL
INTEREST.
OTHER THAN.
DOING THAT THAT'S IN THE BILL
THEN YOU COULD SAY HOW MANY
PEOPLE VOTED FOR YOU WOULD HAVE
TO SAY NECESSARILY WHO VOTED.
BECAUSE.
THE SUPERHERO I HEARD PARTY
PEOPLE THAT COME IN THERE DE
OBSERVER THERE SAID THERE'S AN
INDEPENDENT PERSON THAT'S DOING
IT THESE ARE. THESE ARE.
ADVOCATES THAT HERB IN THE ROOM
WATCHING THEM GO THROUGH THE
BALLOTS WANTED A TIME.
THANK YOU OKAY THANK YOU SENATOR
STERN.
THANK YOU MADAM CHAIR.
.
I MEAN WE IN THIS KEEP PULLING
THAT THREAD A LITTLE BIT SO ONE
TO GET A LITTLE MORE
CLARIFICATION NO REQUIREMENT OF
GOOD STANDING. BUT YOU HAVE
ADDRESSED THE.
FINANCIAL CRIMES IN SOME OF
THAT SO SONGS YOU HAVE OWNERSHIP
INTERESTS IN THE. IN THE.
ITUAH JUST LIKE OUR ELECTIONS
YOU KNOW THERE'S SOME PEOPLE IN
THE NEWS THAT WE MAY HAVE HAD
DONE SOME ACTIVE BEEN ACCUSED
SYSTEM REPUGNANT ACCESS WE MAY
NOT WANT THEM TO VOTE THEIR VOTE
NEXT MONTH. AND IF YOU WILL
TAXES TO THE STATE THE GOOD
GOVERNMENT YOU'RE NOT YOU DON'T
GET.
YOU STILL GET TO VOTE IN THE
ELECTION AND CHICKEN JUNE IN IN
NOVEMBER SO IT'S IT'S IT'S
PARALLELS. ARE INCLUSIVENESS IN
THE IN THE ELECTIONS.
OKAY AND THEN THE OTHER QUESTION
WHICH I DON'T THINKS BEEN
ADDRESSED YET BUT THIS THAT THE
AMENDMENT YOU TOOK.
ABOUT.
.
BUT IS SHIFTING THE BURDEN OF
PROOF OF THAT THE STANDARD OF
REVIEW FOR FOR WHAT NEEDS TO BE
SHOT SO. IT WAS CLEAR AND
CONVINCING THE WAY CAME INTO BY
MAYBE WE'RE DOWN THE
PREPONDERANCE IDENTIFIERS BUT
THE BURDEN STILL YOU STILL
SHIFTED THE BURDEN FROM WHAT IT
IS UNDER CURRENT LAW CRACKED. SO
HOW HOW WOULD THAT AFFECT.
.
SIR IN IN IN REALITY WHEN WHEN
THE ASSOCIATIONS ACTUALLY HAVE
TO.
GO PROACTIVELY TO PROVE THAT
THEY DIDN'T DO SOMETHING TO KEEP
YOU UP TO WHAT THEY RAN A FAIR
ELECTION I MEAN THEY HAVE
THEY'LL HAVE THE BILL STILL SAY
WE WENT THROUGH WE. WE. WE
NOTICE PROPERLY HERE'S. HERE'S
THE NOTICEABLY GAVE OF OF THAT
OUR QUALIFICATION A PERIOD OR
NOMINATION PERIOD HERE WAS THE
ELECTION HERE WAS HERE'S THE
HERE'S THE PERSON WE HIRED THEY
HAVE NO FIGHT THEY'RE NOT THE
PROPERTY MANAGER THEY'RE NOT
INVOLVED IN. IN THAT THE
ELECTION AT ALL AND HERE'S STEP
HERE'S THE BALLOTING HERE'S THE
CERTIFICATION THAT THEY DID IN
AND IT'S.
IT WAS OPEN AND. BUT IMPROPER
STATEMENT IF INVESTED PROVE THE
CASE.
THE SOMEONE CAN ALLEGE THAT
THERE IS A VIOLATION IN AND
CORRECT IN A CRACKED AND AND AND
AND. ALL THAT WOULD HAPPEN WOULD
BE THE COURT WOULD OVERTURN THE
ELECTION HAVE ANOTHER ELECTION.
RIGHT I THE MEAN THAT WOULD BE
I GUESS THAT WOULD BE THE THE
OUTCOME BUT THE BURDEN WOULD BE
ON THEM TO SHOW THAT IT WAS
RIGHT NOW THEY FOLLOW THE RULES.
THEY HAVE MORE ASSET. CONTROL OF
WRITTEN.
THE BY HOMEOWNER I'M JUST
CONCERNED ABOUT THINGS GET
INSTALLED OUT THERE AND AND
WHETHER THAT EVEN IT EVEN THAT
JUST THE BURDEN SHIFTING AND HOW
THAT'S ACTUALLY GONNA AFFECT THE
ADMINISTRATION THESE ELECTIONS
LIKE.
I I GET WHICH IS AIMED AT THAT
STACK OF PAPERWORK BUT IS IT
DIDN'T BEYOND THAT OF THEIR
CHIEF TO PROVE THAT.
MILLION OUNCES SAYS.
THEY WILL BE THAT THEY WOULD
HAVE TO IT THE RECORD
ASSOCIATION REQUIRED PROVED THAT
THE PROCEDURE VIOLATION WAS
UNINTENTIONAL. AND DIDN'T AFFECT
THE OUTCOME OF THE ELECTION NOT
JUST THAT THEY CHECK THE BOXES
BUT THAT.
YEAH.
THEY'RE THEY'RE PROVING IN NOT
AND AS A LACK OF INTENT I SAID
I'M JUST GONNA TRY TO GET A
SENSE OF WHAT THAT.
IT IS HAVE A QUESTION FOR.
SENATOR OPPOSITION OR FOR THE
AUTHOR AT RIGHT FOR WHAT WE.
GIVE SOMEONE A CHANCE TO RESPOND
TO THAT LOOKS LIKE A LET'S HOPE
THE OPPOSITION PERHAPS.
ANSWER IF YOU UNDERSTAND WHAT
THE QUESTION WAS WELL I LIKE TO
CLOSE INNER I ACTUALLY WOULD
LIKE TO KIND OF GIVE CONTEXT TO
DESIST OVERALL DISCUSSION WHICH
I THINK. HAS SOMETHING TO DO
WITH IF YOU HAVE TO DO ELECTIONS
OVER WIPING CLEAN ELECTIONS IN
DOING IT OVER OR EVEN THE.
.
GOOD STANDING REQUIREMENT THE
MINIMUM QUALITY QUALIFICATION OF
GOOD STANDING AND ASSESSMENTS
OVERDUE ASSESSMENTS.
THE ONE OF THE PRINCIPLES OF A
COMMON INTEREST DEVELOPMENT IS
THAT IT EXISTS FOR THE WHOLE AND
IT'S ALL ZERO BASED BUDGETING
USUALLY ASSESSMENTS PAY FOR THE
ENTIRE FUNCTIONING OF THE
COMMUNITY SO TO THE EXTENT YOU
HAVE TO. PAY FOR ANOTHER
ELECTION OR YOU HAVE DELINQUENT
ASSESSMENTS. THAT THE REST OF
THE COMMUNITY ALL OF THE OTHER
HOMEOWNERS IN THAT COMMUNITY AND
UP PAYING INCREASED ASSESSMENTS
TO BALANCE IT ALL OUT SO MY
COMMENT IS MORE I I AGREE WITH
YOU THAT THAT SHIFTING OF A
BURDEN THE BURDEN OF PROOF IS.
BASICALLY WHAT YOU SAID WHICH
IS HARD TO PROVE I GUESS. AT
pBUT AT THE SAME TIME I THINK WE
HAVE TO LOOK AT THE LARGER
PICTURE. WHICH IS EVERY SINGLE
COST EVERY YOU KNOW ALL OF THESE
THINGS FALL UPON ALL OF THE
OTHER HOMEOWNERS SO IT'S NOT
QUITE THE SAME NOT QUITE THE
SAME. AS A SOMEBODY RUNNING FOR
OFFICE WHO OWES BACK TAXES IN A
COMMON INTEREST DEVELOPMENT CAN
BE A VERY SMALL DEVELOPMENT AND
SO IF THERE ARE ONE TWO OR THREE
PEOPLE WHO ARE DELINQUENT IN
THEIR ASSESSMENTS IT NECESSARILY
INFLATES. EVERYBODY ELSE'S
ASSESSMENTS WHICH CAN BE
SIGNIFICANT SO WHAT YOU'RE
MISSING HERE IS THE FACT THAT
THE HOMEOWNER HAS TO SHOW THAT
THERE WAS A PROBLEM THE BURDEN
IS ON THE HOMEOWNER THEN
THERE'S.
THIS WHOLE PROCESS THAT THAT
WE'VE BEEN DISCUSSING SO I THINK
THAT'S A THE FIRST. RIGHT RIGHT
SO THAT'S THE FIRST TORTURED
SENATOR WOULD YOU LIKE TO
RESPOND IN YOUR CLOTHES YEAH I
WOULD LIKE YOU KNOW THE THE.
HOMEOWNER ASSOCIATION COMES IN
WITH THE BALLOTS AND SAYS HERE
WE DIDN'T INTENTIONALLY YOU KNOW
CHANGE IT WOULD. CHANGE THE
OUTCOME HERE'S THE BALLOTS TAKE
A LOOK AT THEM ACCORD BUT YOU
KNOW THE SERVE OUR FUNDAMENTAL
IDEAS OF DEMOCRACY MADAM CHAIR
AND MEMBERS THIS IS WE'RE TRYING
TO MAKE THE PROCESS MORE OPEN.
MORE.
INCLUSIVE FOR THE PEOPLE THAT
LIVE IN THESE AREAS JUST
CYCLICAL TRYING TO DO THROUGHOUT
OUR STATE NOT A COMMUNITIES AND
I WOULD URGE AN AYE VOTE.
THANK YOU VERY MUCH IS OUR
MOTION.
MOTION BY SENATOR MONNING THE
MOTION IS TO PASS AS AMENDED TO
THE SENATE FLOOR. PLEASE CALL
THE ROLL. JACKSON AYE AYE
JACKSON AYE MORLOCK.
MORE LIKE NO ANDERSON. ANDERSON
NO HERTZBERG MONNING. MONNING
AYE STERN.
WIECKOWSKI WIECKOWSKI AYE.
ALRIGHT THE BILL HAS TWO VOTES
WE WILL.
I'M SORRY THREE VOTES WE WILL
CALL THE ABSENT MEMBERS AND HOLD
THE ROLE OF.
FIVE WE HAVE A OUR NEXT ITEM
SENATOR HILL.
FILE ITEM FOR S. B. ELEVEN
TWENTY SEVEN.
LET'S HEAR AND LET'S WAIT A
MOMENT FOR THOSE TO LEAVE.
WELL YOU.
NBCU.
TO GIVE YOU TWO MINUTES YOU
KNOW.
I.
USE A.
LIKE MY GRANDMOTHER.
SO HE NO.
THANK YOU THIS IS FILE ITEM FOR
S. B. ELEVEN TWENTY SEVEN. OF MY
UNDERSTANDING SENATOR HILL IS
THAT YOU ARE TAKING THE PROPOSED
AMENDMENTS DETAILED IN THE
ANALYSIS
THANK YOU MADAM CHAIR GOOD SO I
WILL BE ACCEPTED ALL AMENDMENTS
LISTED IN THE ANALYSIS OKAY.
IF YOU WOULD TO A FOLKS OF WE
COULD HAVE SOME QUIET AND THE.
SENATOR HILL IF YOU'D LIKE TO
PROCEED THANK YOU VERY MUCH S.
B. ELEVEN TWENTY SEVEN WILL HELP
STUDENTS WITH SEVERE MEDICAL
DISABILITIES ATTEND SCHOOL. THE
ONLY MEDICATION THAT WORKS FOR
SOME OF THE STUDENTS IS MEDICAL
CANNABIS.
THIS BILL WILL ALLOW A PARENT OR
GUARDIAN TO COME ON CAMPUS TO
ADMINISTER MEDICAL CANNABIS. TO
THEM IN NON SMOKING AND NON
VAPING FORMS MANY OF THE
STUDENTS NEED TO TAKE A DOSE OF
MEDICAL CANNABIS AT REGULAR
INTERVALS. WHICH OFTEN INCLUDES
DURING SCHOOL HOURS CURRENT LAW
DOES NOT ALLOW ANY FORM OF
CANNABIS ON SCHOOL GROUNDS.
THE STUDENTS MUST BE PICKED UP
BY THEIR PARENTS AND TAKEN OFF
CAMPUS IN ORDER TO TAKE THEIR
MEDICINE CURRENT LAW STATES THAT
HAVE TO BE ONE THOUSAND FEET
AWAY FROM THE SCHOOL. THIS IS
VERY DISRUPTIVE TO THEIR
LEARNING. SB ELEVEN TWENTY SEVEN
WILL ALLOW THE GOVERNING BOARD
OF A K. THROUGH TWELVE SCHOOL
DISTRICT COUNTY BOARD OF
EDUCATION OR A CHARTER SCHOOL.
TO CHOOSE WHETHER TO ADOPT THIS
POLICY IT IS NOT A STATE
MANDATE.
DISTRICTS AND COUNTIES THAT OPT
IN CAN OPT OUT FOR ANY REASON
INCLUDING THE FEDERAL FUNDING IS
PUT AT RISK AS A RESULT OF THIS
POLICY. SB ELEVEN TWENTY SEVEN
REQUIRES THE STUDENTS TO BE A
QUALIFIED STUDENT BE A QUALIFIED
MEDICAL CANNABIS PATIENT WITH A
DOCTOR'S RECOMMENDATION.
TYPICALLY THE MEDICINE IS
ADMINISTERED AS OIL CAPSULES
PINCHER'S LIQUIDS OR TOPICAL
CREAMS
THE BILL ALSO REQUIRES THAT A
PARENT MUST GIVE THE SCHOOL A
COPY OF THEIR CHILD'S MEDICAL
CANNABIS SHOULD RECOMMENDATION.
TO KEEP ON FILE SIGN IN WHEN
THEY COME ON CAMPUS TO
ADMINISTER THE MEDICINE. NOT
DISRUPT THE EDUCATIONAL
ENVIRONMENT AND TAKE ALL
CANNABIS FROM SCHOOL GROUNDS
AFTER ADMINISTRATION.
EXISTING LAW ALLOWS SCHOOLS TO
LEGALLY ADMINISTER ANY
PHARMACEUTICAL DRUG INCLUDING
OPIOIDS THAT A CHILD HAS BEEN
PRESCRIBED BUT THERE ARE MEDICAL
CONDITIONS PHARMACEUTICALS CAN'T
FIX. AND THEY OFTEN HAVE
DEBILITATING SIDE EFFECTS
MEDICAL CANNABIS HELPS FILL SOME
OF THESE GAPS IN LESS IN THESE
CHALLENGING SIDE EFFECTS.
FAIRS ACROSS THE NATION HAVE HAD
SUCCESS TREATING THEIR CHILDREN
WITH MEDICAL CANNABIS WHEN NO
PHARMACEUTICAL WOULD WORK
WASHINGTON COLORADO FLORIDA
MAINE IN NEW JERSEY HAVE ALL
PASSED LEGISLATION. ALLOWING
STUDENTS TO USE MEDICAL CANNABIS
ON SCHOOL CAMPUSES I DO HAVE
SOME WITNESSES MADAM CHAIR THANK
YOU.
I THINK SENATOR HILL WITNESSES
TWO MINUTES EACH PLACE OKAY.
GOOD AFTERNOON GOOD AFTERNOON TO
YOU ALL SENATORS.
MY NAME IS CORINA GARCIA AND I
AM HERE TO SUPPORT. JUDGES ACT
SB ELEVEN TWENTY SEVEN MY SENJA
GIOVANNI JO JO HUMANNESS IS
EIGHTEEN YEARS OLD AND A SENIOR
IN HIGH SCHOOL.
HE HAS USED CANNABIS IN THE FORM
OF TEACHERS CBD AND TEACH SEE
FOR THE PAST FOUR YEARS. HE HAS
BEEN PLAGUED WITH THAT EPILEPSY
SINCE THE AGE OF THREE MONTHS
OLD. HE WAS DIAGNOSED WITH
LENNOX COULD STILL SYNDROME IN
TWENTY THIRTEEN.
THIS EPILEPSIES VERY HARD TO
CONTROL HE WAS MEDICATED WITH%
VERY HIGH. DOSES OF
PHARMACEUTICALS AND ALSO FITTED
WITH THE DEVICE CALLED THE VAGUS
NERVE STIMULATOR WITH NO
SUCCESS.
I WAS WATCHING MY SON DIE RIGHT
BEFORE MY EYES AND I KNEW THERE
HAD TO BE A BETTER WAY.
I BEGAN RESEARCHING CANNABIS AND
THAT AFFECTS.
BUT IT TO TREAT EPILEPSY IN
CHOSE TO TRY IT AS A LAST
RESORT.
IN FEBRUARY OF TWENTY FOURTEEN
WAS THE FIRST TIME WE TRIED IT
AND IT SEEMED VERY HOPEFUL. DAY
BY DAY I SEEN THEM EMERGE FROM
HIS MEDICATED DE AND STARTING
CAGING AGAIN.
THE JEWS WERE DECREASED
IMMEDIATELY. I SUPPORT THIS BILL
DUE TO THE FACT THAT JOE JOE
NEEDS A DOSE OF HIS MEDICINE. AT
SCHOOL TWELVE PM EVERYDAY.
I FEEL THAT CANNABIS SHOULD BE
TREATED AS EVERY OTHER
CONTROLLED SUBSTANCE ON CAMPUS.
IT IS NOT FAIR THAT THIS
MEDICINE AS SAVED MY SON'S LIFE
AND IT NOT BE GIVEN THE SAME
TREATMENT. AND ABILITIES AS
PHARMACEUTICALS ON SCHOOL
CAMPUSES.
JUDGE WAS MINUTES MEDICATED TO
THE SKY ON BEN'S THOSE HAND HARD
DRUGS THAT TOOK AWAY
PARTICIPATION. AND THE ABILITY
TO CONNECT WITH HIS PEERS.
THERE'S SOMETHING SOCIALLY
UNACCEPTABLE ABOUT THE FACT THAT
NURSES AND TEACHERS ARE OKAY
WITH THE MINISTERING OPIATES.
AND ARE FEARFUL OF MEDICAL
CANNABIS WHICH WHICH ALLOWS MY
SON TO FOCUS AND ACHIEVE A
SEIZURE FREE DAY.
I LOOK FORWARD TO THIS BILL
BECOMING LAW. MY SON'S LIFE AND
SO MANY OTHER CHILDREN AND YOUNG
ADULTS LIFE DEPEND ON IT.
IN FIVE HUNDRED FIVE THOUSAND
YEARS NO ONE HAS DIED FROM
CANNABIS IT IS THE ONLY MEDICINE
THAT CAN TREAT SO MANY ELLEN
ILLNESSES ON SUCH A WIDE
SPECTRUM.
FROM EPILEPSY TO CANCER TO
PARKINSON'S THINGS ID TO
DEPRESSION.
BUT WE ARE NOT ADVOCATING HERE
TODAY FOR CANNABIS TO BE VAPOR
SMOKED OR BE PUT IN THE HANDS OF
STUDENTS ON CAMPUS SAID DO NOT.
DESERVE TO TAKE THIS MEDICINE OR
HAVE SEVERE NEEDS LIKE MY SON
HERE THINKING THIS IS A BEFORE
AND AFTER. AND.
I WANNA THANK YOU TODAY FOR
YOUR COMPASSION AND I ASK YOU
ALL TO VOTE YES AND PASS THIS
ALONG TO THE SENATE FLOOR. THANK
YOU VERY MUCH THANK YOU.
NEXT WITNESS OTHER TO A
BEAUTIFUL FIVE YEAR
OLD BOY NAMED ZACHARY OR EASY AS
WE CALL HIM.
AND I'M ALSO IN INTENSIVE CARE
NURSE THAT REGIONAL MEDICAL
CENTER IN SAN JOSE.
OUR CHILD ZACHARY WAS BORN IN
APRIL OF TWO THOUSAND THIRTEEN
HE WAS PERFECT BUT IF FIVE
MONTHS OLD HE STARTED
UNCONTROLLABLY SEIZING IT WAS
DIAGNOSED WITH INFANTILE SPASMS.
LIFE STOPPED FOR US.
WE TRIED EVERYTHING TWELVE
MEDICATIONS THE KETOGENIC DIET
WE SAW SPECIALIST THE PACKER
TALKED ABOUT BRAIN SURGERY WHICH
HE DID NOT QUALIFY FOR. AND EVEN
GAVE HIM A MED THAT WOULD
PROBABLY CAUSE BLINDNESS.
I'M WE DID THIS ALLTO STOP HIS
SEIZURES NOTHING WORKED ON A
MIXTURE OF SIX MEDICTIONS HE
STILL HAD FIFTY TO SIXTY
THOUSAND CLUSTERS. EACH DAY
LASTED ALMOST THIRTY MINUTES
EACH.
OVERTIME IS THE USERS CHANGE AND
HE BEGAN STOP BREATHING AND THE
DOCTORS TOLD US THAT HE WOULD
PROBABLY NOT LIVE LONG AND TO
TREASURE THE TIME WE HAD WITH
HIM.
THEY GIVE US INFORMATION ON
NURSING HOMES. MY HUSBAND'S LA
SPECIAL CALLED READ WARS TALKED
ABOUT CANNABIS AND AS A NURSE I
WAS COMPLETELY AGAINST AND I
THOUGHT HE WAS INSANE.
.
THERE WAS NO EVIDENCE HE'S
PRACTICE I COULD FIND TO GET ME
IN SUPPORT OF GIVING UP MY
FIFTEEN MONTH OLD CANNABIS.
BUT WHEN YOU'RE LEFT WITH
NOTHING TO TRY AND YOU'RE BEATEN
HOLD YOUR CHILD'S GOING TO DIE
YOU ARE GOING TO TRY JUST ABOUT
ANYTHING. WITHIN THREE WEEKS HIS
SEIZURE STOPS.
AND WITHIN A COUPLE OF MONTHS HE
STARTED MAKING I'M STRIDES
STARTED SITTING UP. AND THE
CHILD THAT WAS TOLD WE WERE TOLD
WOULD NEVER WALK TALK ANYTHING
STARTS KINDERGARTEN THIS FALL.
AND HE'S WALKING HE'S TALKING HE
DEFINITELY HAS SOME
DEVELOPMENTAL DELAYS THAT HE'S.
DOING PRETTY GREAT.
I FIND SOMETHING VERY WRONG WITH
THE FACT THAT WE'RE BEING TOLD
THAT WE HAVE TO CHOOSE BETWEEN
HIS EDUCATION AND HIS
MEDICATION.
AND I DON'T BELIEVE IT.
IS IN WITHIN HIS HAVE RIGHTS TO
BE TOLD HE HAS TO BE REMOVED OFF
OF A SCHOOL CAMPUS ME GIVEN HIS
MEDICATION ON A STREET CORNER.
IN FRONT OF A STRANGER'S HOME.
IT DISRUPTS THE CLASSROOM FOR
THIRTY TO FORTY MINUTES BECAUSE
YES TANTRUMS WHEN HE COMES BACK
HE THINKS WHAT HE SEES AS HE
GETS TO GO HOME HE DOESN'T
UNDERSTAND HE HAS TO GO BACK TO
SCHOOL. SO IT DOESN'T AFFECT IT
DOESN'T JUST AFFECT HIM EFFECTS
THE OTHER STUDENTS IN THE
CLASSROOM.
I THINK HE SHOULD BE ALLOWED HIS
MEDICATION JUST LIKE EVERY OTHER
STUDENT THANK YOU AND WE
ENCOURAGE A VOTE OF AYE HONEST
THANK YOU VERY MUCH THANK YOU
FOR YOUR TESTIMONY GLAD THEY'RE
DOING WELL.
OTHER WITNESSES IN SUPPORT.
GOOD STEP FORWARD.
GOOD AFTERNOON TODAY AND ERICA
HOFFMAN A BEHALF THE CALIFORNIA
SCHOOL BOARDS ASSOCIATION ALSO
IN SUPPORT OF THIS MEASURE WE
WOULD URGE DRIVE VOTE THINK
THINKING.
CITY COST ON BEHALF OF THE SANTA
CLARA COUNTY OFFICE OF EDUCATION
SAN FRANCISCO UNIFIED SCHOOL
DISTRICT AND THE SCHOOL
EMPLOYEES ASSOCIATION CALIFORNIA
IN STRONG SUPPORT THANK YOU.
ANY OTHER WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
SURE.
BUT TERRY COULDN'T YOU CAN STAY
WILL HAVE A TEST FIVE FROM FIND
A GOOD AFTERNOON.
GOOD AFTERNOON O. YOU OUT WE
HAVE TWO WITNESSES ONE OF YOU
WILL ALSO HAVE TO GET UP MY
APOLOGIES.
TWO MINUTES EACH PLEASE.
MY NAME IS LAURA PRESTON WITH
THE ASSOCIATION OF CALIFORNIA
SCHOOL ADMINISTRATORS AND AS I
SAID AND I'M SENATE EDUCATION
COMMITTEE HAVE THE UNENVIABLE
POSITION TO BE IN OPPOSITION TO
THIS BILL. I'M THE REASON TAT.
I SCHOOL ADMINISTRATORS AREN'T
FEARFUL ABOUT I'M HAVING A UP
APPLYING DRUGS TO ON SCHOOL
GROUNDS BECAUSE THEY'RE
PRESCRIBED BY A PHYSICIAN. AND
THEIR LEGAL. AND SADLY THESE
PRODUCTS ARE DOT LEGAL AS SEEN
IN THE EYES OF OF LEGALITY AT
THE FEDERAL LEVEL WE ARE FUNDED
HEAVILY BY THE FEDERAL
GOVERNMENT. AND WE'RE ASKING
SCHOOL ADMINISTRATORS AND OTHER
EMPLOYEES TO ON COMPLY WITH
STATE AND FEDERAL LAWS FOR
EVERYTHING EXCEPT FOR THIS ONE
TIME WE'RE GONNA TURN A BLIND
EYE.
WE CAN'T INCLUDE THIS.
PRODUCTS IN AN I EP ARE FIVE OF
FOR BECAUSE IT'S A SPECIAL ED
LAW FEDERAL SPECIAL LANDLOCKED
SO WHERE GALA SCENE DOT WORKING
AND JUST TRUST THAT THE PRODUCTS
THAT WERE HAVING PUT ON OUR
CAMPUS ARE THE RIGHT ONES. AND
THEY'RE NOT FILLED IN A REGULAR
PHARMACY THEIR THEIR FILLED IN
THE DISPENSARY SUB THERE'S NO
GUARANTEES FOREST'S. FUND
YESTERDAY JUST FOR INSTANCE WHEN
YOU SAY THAT IF THAT T. H. SEE.
IS THERE'S BEEN NO OVERDOSES
THAT'S NOT TRUE THERE ARE
OVERDOSES HAPPENING IN OUR
SCHOOLS EVERYDAY JUST YESTERDAY
UP MAYBE NOT DEATH BUT OVERDOSES
YESTERDAY SEVENTH GRADER BROUGHT
EDIBLES TO A SCHOOL ON THE KIDS
A YOU KNOW. PICKING THEIR GUMMY
BEARS AND THERE ARE THIRTY SIX
SEVENTH GRADERS WHO OVERDOSED
BUT IF YOU WOULD AND NOT
DOUBTING THAT LET'S TALK ABOUT
THIS IS MEDICALLY PREPARED AND
REQUIRED SO LET'S TALK ABOUT
THAT WE CAN TALK ABOUT. EDIBLES
HEADED NO TIME THIS IS SPECIFIC.
PRESCRIPTION THAT'S GOING TO BE
I ASSUME PROVIDED TO THE TEACHER
IT'S NOT BECAUSE I'M LOOKING AT
IT AS A TEACHER IT'S FAST
PROHIBITED UNDER THEY MEDICAL
BUT THEN IT BIT MINISTRY OUTSIDE
THE ERRANT SO WE'RE NOT. AT
LET'S PUT APPLES TO APPLES IF
YOU WOULD THINK SO ON THE
PRODUCTS WHICH THERE SO FOR IN
SCHOOL DISTRICT WORLD AND I
LATER WE'RE GOING TO HAVE A
PRODUCT FELLOW DRUG OPIOIDS
WORDS ALWAYS BEEN USES THE
EXAMPLE. WE GET A PRESCRIPTION
FROM A DOCTOR TO TRIPLE QUE IT
GETS FILLED OUT A.
FEDERALLY AUTHORIZED
PRESCRIPTION AND IT'S ALLOWED TO
BE ADMINISTERED ON SCHOOL
GROUNDS. THIS DOESN'T MEET ANY
OF THOSE RECOMMENDATIONS BECAUSE
IT'S NOT LEGAL AT THE FEDERAL
LEVEL YOU CAN'T HAVE A REGULAR
PHARMACY FILL IT YET. KNOWN A
COUPLE YEARS WHERE I WEEK MY
UNDERSTANDING IS THAT THESE
PRODUCTS ARE UNDER.
THERE DO IT FAST FDA APPROVAL
AND IF THEY'RE FOUND TO BE A
BENEFICIAL WHICH WE THINK THAT
THEY ARE THEN YOU REMOVE THAT
WHOLE ISSUE FOR US AND HAVING TO
BE OUT OF COMPLIANCE WITH THE
FEDERAL GOVERNMENT. SO THAT'S A
THAT'S A.
THE BIGGEST PROBLEM. I'VE TRIED
WORKING WITH OUR MEMBERS TO TRY
TO SEE IF WE CAN GET THEM TO
MOVE I'M OUR FOLKS ARE PRETTY
ADAMANT ABOUT IT BECAUSE. THEY
JUST PROCEED AS ARE OTHERS A
VIOLATION OF THE SCHOOLS THE
STATE SCHOOL ROTTEN SAFE SCHOOL
FREE DRUG ZONE. AND I'M AND THE
FACT THAT IT IS FEDERALLY
PROHIBITING HUGO.
NEXT WITNESS PLEASE.
JERRY MEMBERS NOT TO FILL THEM.
ASSOCIATION ALSO RESPECTFUL
OPPOSITION AND I'LL START BY
SAYING YOU KNOW WE ARE NOT HERE
TO DEBATE THAT THE ADVOCACY IN
USE OF THE MEDICAL PRODUCT
CANNABIS. AYE IF YOU GUYS
REMEMBER WE SUPPORTED ACTUALLY
COSPONSORED SOME OF THEM
MEDICAL.
A BILL THE REGULATORY FRAMEWORK
BILLS ESTABLISHED.
THE OF REGULATORY SYSTEM FOR
MEDICINAL CANNABIS WE UNDERSTAND
THAT WE HAVE SPECIFIC CONCERNS
WITH THIS BILL. AYE THREE
PRIMARY THE LIABILITIES DEFTLY
ONE. YOU KNOW FUNDING TO SCHOOLS
IS A HUGE ISSUE FOR US LOW
SCHOOL FUNDING EQUALS.
YOU KNOW LATER DOWN THE ROAD
THOSE KIDS ENDING UP IN HIGHER
PROBABILITY CHANCES THAT RUN
INTO LAW ENFORCEMENT AND
INDEPENDENT CRIMINAL JUSTICE
SYSTEM THAT'S A HUGE CONCERN OF
OURS.
BUT WHAT BY USING BY USING THE
NO NO IF IF THE FUNDING HAS
DROPPED BELOW FUNDING. SO CANNOT
MAKE IT IS THEIRS CONCERNS WE
HAVE THERE I'M WHEN SCHOOLS ARE
UNDERFUNDED.
NEXT CANVASES BECOME TO
NORMALIZED IN OUR MIDDLE SCHOOLS
AND HIGH SCHOOLS I MEAN WHEN I
TALK TO SCHOOL RESOURCE OFFICERS
ACROSS THE STATE YOU KNOW THEY
ALL TELL ME THE SAME THING.
THAT.
.
THE KIDS TELAMON THEY'RE CAUGHT
WITH IT IN THEIR BACKPACKS THAT
IT'S LEGITIMATE IT'S HARMLESS.
THERE'S NO CONSEQUENCES DESPITE
THE FACT THAT THE CALIFORNIA
DEPARTMENT PUBLIC HEALTH IS SAID
OTHERWISE.
.
THEN THE BILL THERE'S NO
LIMITATIONS TO IT MADE ONLY
PROVIDING TO SPECIFIC AILMENTS
OR ILLNESSES I MEAN WE HEAR A
LOT ABOUT EPILEPSY IN THE GOOD
WORK THAT CAN DO THERE BUT IT'S
NOT LIMITED TO THAT. THERE'S NO
PROOF THAT IT HAS DEPLOYED ANY
SEVERE MEDICAL ILLNESSES. AND
THERE'S NO LIMITATIONS REGARDING
THE CONTENT OF THE PRODUCT LOW
T. H. C. PERCENTAGES PURSES THE
CBD WHICH IS NOT A NON
HALLUCINOGENIC PART.
YOU KNOW I THINK THINGS DID
COME TO CLARIFY THAT WOULD MAKE
US A LOT MORE COMFORTABLE WITH
THE BILL SO EGGMAN SECOND PLEASE
TYPICALLY ARE. THE IF HUMAN THEN
ALSO IT IT GIVES US CONCERNED
ABOUT.
CREATE AN AVENUE FOR CANNABIS
THREE BROAD LEGALLY ONTO A
SCHOOL CAMPUS WITH IS ALREADY
ILLICIT ACTIVITY TAKING PLACE.
.
I WILL TELL A PERSONAL STORY AND
HOPE IS NOT. DIVULGING TOO MUCH
ABOUT MYSELF.
BUT ALL MY HIGH SCHOOL CAMPUS WE
ALL KNEW THE KID THAT SORT
CANNABIS
AND IT WAS A FAMILY BUSINESS AND
HIS PARENTS YOU KNOW. PAID RENTS
OF THE MONEY THAT THIS KID MADE
OFF OF ALL THE KIDS. PURCHASING
FROM HIM SO FOR ALLOWING A
PARENT TO COME ON THE CAMPUS AND
ADMINISTER A PRODUCT.
YOU KNOW THERE'S JUST AN AVENUE
THAT OPENS UP AND IT'S ALL IN I
KNOW IT'S UNLIKELY BUT LAW
ENFORCEMENT DEALS WITH THE
UNLIKELY EVERY SINGLE DAY AND IS
A CONCERN MURATSUCHI ALRIGHT ANY
OTHER WITNESSES IN OPPOSITION IF
YOU'D PLEASE STEP FORWARD.
ALRIGHT SEEING NONE.
.
DUCHESS HAVE A A COMMENT I YOU
KNOW WE JUST HAVE TO GET OVER
THIS CANNABIS THINK IT'S LEGAL
NOW THE PEOPLE CALIFORNIA'S SAID
IT NEEDS TO BE LEGAL I I CAN'T
SAY WHETHER I AGREE OR DISAGREE
BUT.
WE WERE TALKING IF I'M NOT
MISTAKEN CENTER FEW COULD DANCE
FROM WE'RE TALKING ABOUT. THAT
THERE'S BEEN A MEDICAL
JUSTIFICATION THAT THERE IS A
PRESCRIPTION IF YOU WILL THAT IS
PROVIDED FOR A VERY SPECIFIC
MEDICAL PURPOSE.
SO.
THAT'S CORRECT AND IT IS THAT IS
THAT ACCURATE OR A WRITTEN
RECOMMENDATION FROM A PHYSICIAN
A LICENSED PHYSICIAN IN
CALIFORNIA.
AND THAT IS THAT PRESCRIPTION GO
RECOMMENDATION GOES STAYS WITH
THE HOT THE THE SCHOOL. AND THE
PARENT BRINGS THE CANNABIS THE
MEDICINAL CANNABIS ON THE CAMPUS
AND THEN TAKES IT OFF OF CAMPUS
AFTER ADMINISTERING IT UNLIKE
THE OPIOIDS THAT ARE IN SCHOOL
IT SOMETIMES ADMINISTRATORS.
THAT WE JUST HEARD THE CONCERN
IN THE LETTER THAT I READ IS AN
UNANTICIPATED INCIDENT
ASSOCIATED I WOULD BELIEVE THAT
WOULD BE MORE OPPORTUNITY FOR
HOW MANY MAY MAY. ASK IF YOU
KNOW HOW MANY INCIDENTS WHERE WE
ARE GOING AS SHE CANNABIS.
BEING BROUGHT TO SCHOOLS TO DEAL
WITH SOME THE SERIOUS ISSUES
THAT WE'VE TALKED ABOUT I DON'T
HAVE A NUMBER RIGHT I KNOW OF
ONE. IN RIGHT AND SO.
AND AND THEN THE NEXT QUESTION.
THAT FOLLOWS SEEMS TO ME TO BE.
IS THERE.
ANYTHING IN THE BILL.
THAT.
THAT ALLOWS FOR CANNABIS OF
PRESCRIPTIONS FOR BY DON'T KNOW
MAYBE SAY A HEADACHE OR ANYTHING
OR DOES IT HAVE TO BE SOME.
DIAGNOSE MEDICAL CONDITION FOR
WHICH A PRESCRIPTION.
BY A PHYSICIAN HAS TO BE
PROVIDED AS A WRITTEN
RECOMMENDATION THEY'RE NOT
PRESCRIPTIONS AS SUCH BECAUSE
RECOMMEND. ACTIONS FROM A
PHYSICIAN AND.
MY UNDERSTANDING IS IT'S FOR
SOMETHING THAT WOULD NOT ALLOW
YOU TOOK TO FUNCTION NORMALLY IN
THE SCHOOL JUST AS JOE JOE WOULD
NOT DOES NOT. IS NOT.
CAPABLE OF PERFORMING NORMALLY
WITHOUT HIS.
REGIMEN OF OF SO IS THERE SOME
WAY WE COULD TIGHTEN IT SO THAT
THEY WERE TALKING ABOUT THESE I
THINK WE'RE ALL.
WE WOULD I THINK ALL OF US HAVE
TO BE SOMEWHAT SYMPATHETIC AND
COMPASSIONATE ABOUT THE STORIES
THAT WE'VE HEARD. RATHER THAN
SOMEONE SAY YOU KNOW I GET
HEADACHES IN MATH CLASS AND I
NEED MY CANNABIS. I MEAN IS
THERE IS THERE SOMETHING THAT
LIMITS THIS TO REALLY
SIGNIFICANT SITUATIONS ISSUES
RAISED WITH THAT ONE THE
MEDICINAL CANNABIS THAT OF THE
JOE JOE TAKES IS. TWENTY TWO
PERCENT OR TWENTY TWO PARTS.
CB DE ONE PART THAT THIS IS THE
CANNABIS MEDICINE THAT JOE JOE
TAKES HIS TWENTY TWO PARTS.
CB DE NON PSYCHOACTIVE AND ONE
PART PSYCHOACTIVE IT HAS NO
PSYCHOACTIVE EFFECT AND. ALL OF
THESE HAVE.
STREAMING MINUTE AMOUNTS OF
PSYCHOACTIVE IN THEM NOT ENOUGH
THAT WOULD MAKE ANYONE HIGH OR
FEEL THE EFFECTS OF THAT. IN
THAT'S THE GOAL WITH IN TERMS OF
A HEADACHE.
THEN WE START GETTING INTO THE
QUESTIONING OF THEM DOCTORS.
DESCRIPTION OR HIS
RECOMMENDATION OR WHAT WOULD
CONSTITUTE OF LEGITIMATE MEDICAL
PURPOSE AND NEED FOR WHATEVER.
THE RECOMMENDATION IS FROM THE
PHYSICIAN AYE IN.
SINCE THEY'RE NOT SMOKED THEY'RE
NOT BAY. THERE THEY DON'T GIVE A
HIGH THAT DID THAT YOU ARE WHO
ARE MY UNDERSTANDING IS THESE
ARE MEDICINAL WITHOUT THAT THE
T. HC OKAY THANK YOU.
BUT SENATOR STERN.
THANK YOU MADAM CHAIR I YOU
KNOW.
I WANT TO ACKNOWLEDGE.
THE. WHAT I WOULD CALL VERY
SEPARATE BUT VERY REAL CONCERNS
FROM THE POLICE CHIEFS
ASSOCIATION AS WELL AS OUR MAX A
I YOU KNOW.
I LOOK A LOT OF FRIENDS OF MINE
IN HIGH SCHOOL FELL OFF AND LOST
THEIR WAY. FROM WELL HERE A FEW
WEEKS AGO.
CARE IS CAN BE.
TOTALLY DERAILING AND TOXIC FOR
YOUNG PEOPLE.
.
AND WHEN USE RECREATIONALLY AND
I THINK WE NEED TO BE DOING A
MUCH BETTER JOB OF THE STATE AND
DETERRENCE YOUTHEDUCATION.
AND ADEQUATELY ADDRESSING THESE
REAL RISKS.
I DON'T SEE THAT RISK HERE. AND
I FRANKLY THINK IT'S A CRIME
THAT THE FEDERAL GOVERNMENT
REFUSES TO STUDY THE IMPACT OF
SAY CBD AUTOMATICS GASTO. LIKE
WE'RE THE KIDS.
PEOPLE ARE DYING AND THE FACT
THAT WE'RE NOT RELUCTANCE
PLEASE YOU'RE SITTING THERE BUT
THIS IS A A I'D LIKE YOU TO TRY
TO MAINTAIN. DECORUM HERE SOLD
THIS THE IF YOU JUST. TRY TO I
UNDERSTAND I UNDERSTAND BUT IF
YOU WANT TO STAY SEATED THERE
ARE LIKE YOU JUST TO PLEASE
REMAIN QUIET THINKING SO.
I APPRECIATE THE ENTHUSIASM.
GIVEN JO JO'S. TURNAROUND IN HIS
LIFE FROM I JUST WANTED ALSO
ADDRESS THE REASON WE SUPPORTING
THE BILL IN TERMS OF ACCESS ALSO
SENSITIVE TO THEIR. LIABILITY
CONCERNS BUT. THE WAY I
UNDERSTAND THIS BILL.
REQUIRED BECAUSE THERE'S THIS
EXPLICIT REQUIREMENT THAT THIS
IS SIMPLY BETWEEN A PARENT AND
THEIR KIDS WERE THERE IS AND IT
IS SO IF YOU WOULD JUST. VERIFY
THAT FROM ME BUT THEY'VE BEEN
THERE IS THERE IS NO REQUIREMENT
FOR EVEN ALLOWANCE
TO THE CHAIR SENATORS TO ME TO
THE CHAIR SENATOR ABSOLUTELY
THAT'S CORRECT SENATOR STERN
THERE IS NO. ALLOWANCE FOR THE
MEDICINAL CANNABIS TO BE HANDED
TO SOMEONE ELSE GIVEN TO SOMEONE
ELSE IT'S APPARENT WILL DO THAT
IN THE PRIVACY OF WHATEVER
LOCATION IS DETERMINED AND THAT
THAT THE SCHOOL. TO ADMINISTER
THAT WHETHER AND TO ENSURE
FORMER CABINET OR WHATEVER AND
THEN THEY TAKE IT REMOVED FROM
THE SCHOOL GROUNDS AND IT IF I
THROUGH CHEROKEE BY JUST MAKE
ONE MORE COMMENT AYE. I
COMPLETELY AGREE WE SHOULD NOT
BE NORMALIZING CANNABIS FOR
YOUNG PEOPLE I DON'T THINK THESE
ARE NORMAL CIRCUMSTANCES THAT
THAT'S WHY I'M GONNA BE
SUPPORTING THE BILL THAT I AM
HAPPY TO MOVE THE BILL BUT.
THINK THESE ARE UNIQUE AND LIFE
THREATENING CIRCUMSTANCES BUT WE
NEED TO BE VERY CLEAR AS A
LEGISLATURE THAT CANNABIS IS
DANGEROUS FOR YOUNG PEOPLE TO BE
USING RECREATIONALLY BUT WHEN
YOU'RE USING. IT AS A MEDICINE
TO SAVE YOUR LIFE AS A LAST
RESORT AYE WE HAVE TO STEP UP SO
I'LL MOVE THE BILL INAPPROPRIATE
THANK YOU SENATOR STERN ANY
OTHER COMMENTS SENATOR ANDERSON.
WE HEARD THE TERM PRESCRIBED IN
THEN YOU'VE USE THAT TARA
RECOMMEND CAN YOU. WALK ME
THROUGH THERE BUT MY
UNDERSTANDING IS THAT A
PRESCRIPTION IS A FORM FOR A
PHARMACEUTICAL.
AND A RECOMMENDATION FROM A
PHYSICIAN IS A.
DOCUMENT BUT IT'S NOT ON A
PRESCRIPTION PAD.
SO FAR THIS PRODUCT WOULD NOT
COME FROM A PHARMACY THIS
PRODUCT WOULD COME FROM.
SPENCER.
THE DISPENSARY DISPENSARY.
OKAY THANK YOU.
ALRIGHT ANY OTHER QUESTIONS
SENATOR MONNING.
YOU MADAM CHAIR MORE A COMMENT
THAN A.
QUESTION.
.
YOU ONE OF THE CONCERNS RAISED
BY THE SCHOOL ADMINISTRATORS IS.
POTENTIALLY DISRUPTIVE IMPACT OF
ALLOWING UP PARENT TO COME ON TO
THE CAMPUS TO ADMINISTER.
A PHYSICIAN RECOMMENDED.
THERAPEUTIC.
I THINK IT'S IMPORTANT TO LOOK
AT IT THROUGH THE LENS IF.
AS WE HEARD FROM THE WITNESSES.
IF THE PARENT IS NOT ALLOWED
THAT ACCESS
TO THE STUDENTS WE'VE HEARD
ABOUT. IT WILL BE A INCREDIBLY
DISRUPTIVE EVENT OF A CHILD
HAVING A SEIZURE IN THE
CLASSROOM.
PUTTING OTHER STUDENTS
POTENTIALLY AT RISK TEACHERS AT
RISK REQUIRING TEACHERS AND
ADMINISTRATORS TO BE FIRST
RESPONDERS.
TO WHAT CAN BE A LIFE
THREATENING MOMENT.
UNDER THE CIRCUMSTANCES IN THE
PARAMETERS OF THIS LEGISLATION
IF YOU WANT TO BALANCE
INTERESTS.
.
A FEDERAL QUESTION OF.
RECOGNIZING CANNABIS PRODUCTS
ARE DERIVATIVES. WE'RE NOT THERE
YET.
BUT WORD OF VERY REAL PLACE
WITH THE LIVES OF THESE CHILDREN
AND OTHERS I BELIEVE THE BILL
IS.
.
APPROPRIATELY DEFINED FOR VERY
LIMITED CIRCUMSTANCE
I DO HAVE A MOTION YET AND WE DO
SENATORS TURNS MOVES A BILL. I'M
GLAD TO SUPPORT IT AT THE
APPROPRIATE TIME THINKING ANY
OTHER COMMENTS QUESTIONS
ALRIGHT.
A SENATOR HILL IF YOU'D LIKE TO
BRIEFLY CLOSE IF YOU VERY MUCH
MADAM CHAIR I I AND I WAS
PLANNING TO RETURN TO RESPOND TO
THE. OPPOSITION'S COMMENTS BUT I
WILL LEAVE IT AT THAT RESPECT
REASSURED I HOPE MEMBERS THANK
YOU. THAT THINK WE HAVE TO
ADDRESS THOSE CANNABIS ISSUE
VERY DIFFERENTLY GOING FORWARD
IT SHOULDN'T BITS TO SEE WORD I
KNOW LIKE. WHEN I WAS KID
GROWING UP YOU DIDN'T USE OR
CANCER.
YOU TALKED ABOUT THE C. WORD.
YOU KNOW NOW WE TALK ABOUT
CANCER AND I THINK GO. YOU KNOW.
WE'RE ALL STILL HERE AND.
THOUGHT OF THOSE WHO MENTION AT
NIGHT I THINK WHICH IS GOING TO
HAVE TO DO WITH CANNABIS THERE
ARE APPARENTLY. SOME VERY.
POSITIVE A MEDICINAL. OF
FUNCTIONS TO CANNABIS THAT WERE
NOW STARTING TO UNCOVER AND
ACKNOWLEDGE.
BECAUSE UP UNTIL NOW IT'S BEEN
CANNABIS THAT YOU SMOKE CAN GET
HIGH IN THE THINGS THAT WE DON'T
NECESSARILY WANT TO SEE PEOPLE
DOING.
BUT THAT THERE ARE SOME VERY
VERY POWERFUL MEDICINAL ASPECTS
TO IT AND SO I THINK WE HAVE TO
DISTINGUISH BETWEEN THE TWO AND.
IT'S MY HOPE THERE AREN'T THAT
MANY PEOPLE OUT THERE WHO HAVE
THESE PROBLEMS BUT CERTAINLY IF
CANNABIS IS HELPING THESE
CHILDREN GROW UP IN. AND BE YOU
KNOW PRODUCTIVE HUMAN BEINGS AND
GET THE LOVE IN THE CARING THE
PARENTS ARE WILLING TO GIVE THEM
WITH THIS THAT CERTAINLY THAT'S
WHERE WHERE WE. SHOULD BE GOING
AS A SOCIETY SO APPRECIATE.
THE DISCUSSION CRUCIAL YOU
BRING THE BILL WE HAVE A MOTION
BY SENATOR STERN. THE MOTION IS
TO PASS AS AMENDED TO THE SENATE
FLOOR PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE MORLOCK.
WELL LIKE I ANDERSON.
ANDERSON NO HERTZBERG. HERTZBERG
AYE MONNING. MONNING AYE STERN.
STERN AYE WIECKOWSKI. WHAT
CASSIE I THE RIGHTS TO THE SIX
TWO ONE THAT BILL IS SO THANK
YOU SOONER STERN THANK YOU ALL
FOR BEING HERE THAT IF YOU'RE
THANK YOU VERY MUCH COLLEAGUES
WE SHOULD?
I. LOVE.
SENATOR GLAZER AND THEN WE WILL
GO TO SENATOR MONICA.
FILE ITEM NINE. S. B. TWELVE
THIRTY FIVE BY SENATOR GLAZER.
GOOD AFTERNOON MY UNDERSTANDING
IS YOU ARE TAKING THE AMENDMENTS
PROPOSED AS AUTHORS AMENDMENTS
AND THANK YOU SIR APPRECIATE.
MADAM CHAIR OF MEMBERS.
BUT MAY IS US SMALL BUSINESS
MONTH HERE IN CALIFORNIA.
AND TODAY I PRESENT YOU A BILL
THAT WOULD BE A TREMENDOUS
BENEFIT TO MILLIONS OF SMALL
BUSINESSES IN THIS STATE.
SENATE BILL TWELVE THIRTY FIVE.
WOULD REQUIRE LENDERS AND
FINANCE COMPANIES. TO PROVIDE
CLEAR AND CONSISTENT DISCLOSURE
TO THEIR CUSTOMERS. WHEN THEY'RE
OFFERING THEM FINANCING AND WHEN
THEY CLOSE THE DEAL.
BEFORE I BEGIN I WANT TO SAY
THANK YOU TO YOUR COMMITTEE
STAFF MADAM CHAIR FOR THE WORK
THAT THEY HAVE PUT INTO
UNDERSTANDING INTENT OF THIS
BILL. AND TO HELP US SHAPE THE
PROPOSED AMENDMENTS.
COMMERCIAL FINANCE
IS NOT A SIMPLE SUBJECT.
BUT YOU'RE STAFF DOVE INTO THE
MANY DETAILS AND UNDERSTOOD THE
NUANCES AND THE COMPLEXITIES.
AND I WOULD VERY VERY
APPRECIATIVE.
AND MEMBERS I WOULD URGE YOU TO
KEEP THAT COMPLEXITY IN MIND AS
YOU HEAR THE TESTIMONY TODAY.
SOME OF THE TERMS AND
DESCRIPTIONS YOU MIGHT HEAR CAN
MAKE YOUR HEAD HURT.
BUT THAT'S EXACTLY WHY WE NEED
THIS BILL.
TRY TO PUT YOURSELF IN THE
POSITION OF A SMALL BUSINESS
OWNER.
WORKING ALONE WITH ONE OR TWO
EMPLOYEES
NO BACKGROUND IN FINANCE.
THEY NEED DISCLOSURES TO
UNDERSTAND THE FINANCIAL
PRODUCTS THAT ARE NOW AVAILABLE
ON THE MARKET.
MOST OF YOU ARE PROBABLY
FAMILIAR WITH THE DISCLOSURES
THAT ARE COMMON PLACE AND
CONSUMER FINANCE.
OFFER MORE THAN HALF A CENTURY
IF YOU BORROWED MONEY FOR A
HOUSE OR A CAR. OR SIMPLY TAKEN
OUT A PERSONAL LOAN OR USED A
CREDIT CARD YOU SEEN THESE
DISCLOSURES.
THAT TELL YOU HOW MUCH YOUR
BORROWING.
ALL THE FEES HE'LL BE PAIN. HOW
LONG IT WILL TAKE YOU TO REPAY
THE LOAN?
AND THE ANNUAL ANNUALIZED
INTEREST RATE.
UNTIL NOW THESE DISCLOSURES HAVE
BEEN REQUIRED ONLY FOR CONSUMER
FINANCING.
THE THEORY IS THAT BUSINESS
OWNERS CAN FEND FOR THEMSELVES.
BECAUSE THEY ARE SAVVY USERS OF
FINANCIAL PRODUCTS.
BUT INCREASINGLY THAT IS NOT THE
CASE.
IN OUR MODERN ECONOMY MORE AND
MORE BUSINESS OWNERS ARE PEOPLE
WORKING ON A SHOE STRING
SOMETIMES OUT OF THEIR HOMES OR
VENDING CARTS.
MANY OF THEM ARE IMMIGRANTS
IMMIGRANT ENTREPRENEURS ARE
HELPING TO DRIVER ECONOMY BUT
HAVE LITTLE FORMAL EDUCATION AND
NO FINANCIAL TRAINING.
THE FINANCIAL WORLD IS ALSO
CHANGING TRADITIONAL BANKS OF
LARGELY ABANDONED SMALL
BUSINESS.
THE BANKS HAVE BEEN REPLACED BY
AN EXCITING AND INNOVATIVE MIX
OF LENDERS AND FINANCE
COMPANIES.
OFFERING A BEWILDERING ARRAY OF
PRODUCTS ALONG DIFFERENT PRICE
POINTS.
WE SHOULD EMBRACE THAT
CREATIVITY.
WHICH IS BRINGING ACCESS TO
CREDIT TO PARTS OF OUR
POPULATION THAT BADLY NEEDS IT.
BUT THERE ARE ALSO ABUSES.
IN A LARGELY UNREGULATED
MARKETPLACE SOME BAD ACTORS TAKE
ADVANTAGE OF BORROWERS BY
PUSHING PRODUCTS ON THEM THAT
THEY CAN'T REALLY CANNOT AFFORD.
ESPECIALLY IN THE MARKET FOR
SHORT TERM FINANCING
YOU SEE LOANS AND CASH ADVANCES
WITH HIGH FEES. AND CHARGES THAT
ARE OFTEN NOT CLEAR TO THE
CONSUMER.
WHEN FEES REPLACE INTEREST RATES
IT BECOMES EVEN MORE DIFFICULT
FOR THE SMALL BUSINESS OWNER
UNDER PRESSURE. TO COMPARE
PRODUCTS AND SHOP FOR THE BEST
DEAL AND I KNOW THROUGHOUT THE
QUESTION TODAY ON A COMEBACK
THIS ISSUE OF COMPARING
PRODUCTS.
AND SHOP FOR THE BEST DEAL.
THAT'S WHY THIS ILL PROPOSES A
SIMPLE CONSISTENT DISCLOSURE FOR
CALIFORNIA. THIS DISCLOSURE WILL
TELL PEOPLE EXACTLY HOW MUCH
THEY ARE BORROWING.
HOW MUCH THEY ARE PAYING?
THEY'RE EXPECTED PERIODIC
PAYMENT AND THE TERM OF THE
LOAN.
AND ALSO AND MOST IMPORTANT THE
DISCLOSURE WILL TELL CUSTOMERS
THE ANNUALIZED COST OF THE MONEY
THEY ARE RECEIVING.
WHEN THIS BILL WAS APPROVED BY
THE BANKING COMMITTEE TWO WEEKS
AGO THAT COMMITTEE RAISE
QUESTIONS ABOUT OUR PROPOSAL
DISK TO DISCLOSE THE ANNUAL
PERCENTAGE RATE OR APR.
THAT IS A METRIC DEFINED IN
FEDERAL LAW AND REGULATION.
APPLYING ALL THE RULES WRITTEN
TO IMPLEMENT IT TO COMMERCIAL
FINANCING IN CALIFORNIA TROUBLED
SOME IN THE INDUSTRY.
I LISTENED TO THOSE CONCERNS AND
WORKING WITH THE OPPONENTS.
I'VE DECIDED TO PROPOSE THAT
INSTEAD OF AP R. WE REQUIRE
DISCLOSURE OF THE ANNUALIZED
COST OF CAPITAL.
THIS IS A SIMPLER CALCULATION
THAN A PR AND ONE THAT WE CAN
APPLY WITHOUT REFERENCING
FEDERAL LAW.
AN ANNUALIZED RATE. IS NOT A NEW
CONCEPT IT'S BEEN AROUNDA LONG
TIME IN THE FINANCE INDUSTRY.
IT'S SIMPLY ALL THE INTEREST
CHARGES INTEREST CHARGES AND
FEES THAT YOUR PAIN AS A PERCENT
OF THE MONEY YOU'RE RECEIVING
EXPRESSES A PERCENTAGE ON AN
ANNUAL BASIS.
AN ANNUALIZED RATE IS ESPECIALLY
VALUABLE WHEN YOU'RE TRYING TO
COMPARE DIFFERENT SHORT TERM
FINANCE OPTIONS.
AND IN THIS NEW WORLD OF ONLINE
FINANCE WE'RE SEEING THAT SOME
LENDERS HAVE BUSINESS MODELS.
THAT RELY ON GETTING.
CUSTOMERS IN THE SHORT TERM
FINANCING.
WHICH THEY THEN RENEW OVER AND
OVER AGAIN.
JUST COMING TO A CONCLUSION
MADAM CHAIR.
TO GIVE YOU AN EXAMPLE FOR
NINETY DAY LOANS EQUALS A ONE
YEAR LOAN.
BUT THE FINANCE COSTS PILE UP IN
WAYS THAT ARE NOT ALWAYS
OBVIOUS.
SOMETHING THAT LOOKS CHEAP AT
FIRST CAN END UP BEING VERY VERY
EXPENSIVE AN ANNUALIZED RATE
MAKES THAT ISSUE VERY CLEAR. AND
THAT'S EXACTLY WHY SOME OF THE
INDUSTRY DON'T LIKE THIS MEASURE
THEY DON'T WANT THEIR CUSTOMERS
TO BE ABLE TO COMPARE THEIR
SHORT TERM PRODUCTS WITH
ALTERNATIVES. AND OTHERS AGREE
WITH ME.
THE FEDERAL RESERVE BANK OF
CLEVELAND SURVEYED HUNDREDS OF
SMALL BUSINESS BORROWERS AND
FOUND THAT MOST WANTED TO KNOW
NOT JUST THE TOTAL COST OF THEIR
FINANCING. BUT AN ANNUALIZED
RATE.
AND THE WOODSTOCK INSTITUTE
WHICH ADVOCATES FOR POLICIES
PROMOTING ECONOMIC SECURITY AND
COMMUNITY PROSPERITY SAID SMALL
BUSINESS BORROWER SHOULD RECEIVE
THE SAME TYPE OF PROTECTIONS IS
AS IF THEY WERE BORROWING THE
MONEY PERSONALLY.
WITH ME TODAY IN SUPPORT OF THE
BILL ARE MARK HERBERT FOR THE
SMALL BUSINESS MAJORITY. AND
LEVI KING WITH ANY V. DOT COM
WHICH HELPS SMALL BUSINESS
OWNERS NAVIGATE THE MAZE OF
COMMERCIAL FINANCE AVAILABLE ON
THE INTERNET. THEY BOTH CAN
EXPLAIN THEIR OWN EXPERIENCES
WORKING WITH SMALL BUSINESSES IN
THIS AREA WITH THAT MADAM
CHAIRMAN THANK YU FOR YOUR
CONSIDERATION THE THANK YOU VERY
MUCH.
TWO WITNESSES TWO MINUTES EACH
PLACE GOOD AFTERNOON THANK YOU.
BOB IT IS WAS MEANT BY SENATOR
GLAZER I'M THE CEO OF NAV WE
HAVE OVER THREE HUNDRED AND
SEVENTY THOUSAND CUSTOMERS IN
THE U. S. BUT MORE IMPORTANTLY
THIRTY FIVE THOUSAND IN THE
STATE OF. CALIFORNIA WE OFFER
FREE CREDIT FINANCIAL EDUCATION.
THE THE IMPACT OF THIS BILL TO
BE TREMENDOUS ACCORDING TO YOU.
US DEPARTMENT OF LABOR.
ABOUT A HUNDRED THOUSAND SMALL
BUSINESSES IN CALIFORNIA GO OUT
OF BUSINESS EVERY YEAR AND
OFTENTIMES THAT'S DUE TO A
PRETTY POOR CREDIT ARRANGEMENT
OR MISUNDERSTANDING OF OTHER
FINANCES. I'M. IT'S A GREAT
OPPORTUNITY IS MANY TIMES THE IN
OUR NATION'S HISTORY CALIFORNIA
HAS TO BE BREAKTHROUGH AND AND
TO LEAD THE NATION IN SETTINGS
APPLE FOR PROTECTIONS OF SMALL
BUSINESSES.
MYSELF BEFORE I STARTED THIS
COMPANY I GOT COMMERCIAL
FINANCING IN FOUR DIFFERENT
STATES OVER THIRTY TIMES ON
SEVERAL DIFFERENT SMALL
BUSINESSES AND WAS THE SINGLE
MOST DIFFICULT THING TO
UNDERSTAND MY BUSINESS. WAS TO
COMPARE THE STEP OF FINANCING TO
THAT TYPE OF FINANCING
UNFORTUNATELY A LOT OF TIMES I
NEEDED TO MAKE PAYROLL AND I
DIDN'T HAVE ALL THE TIME IN THE
WORLD TO FIGURE THOSE THINGS
OUT.
WE WILL FILL THIS YEAR AT OUR
COMPANY OVER A HUNDRED THOUSAND
PHONE CALLS FROM OUR CUSTOMERS
AND IT THE TOP THE MIND IS
ALWAYS TRYING TO UNDERSTAND. HOW
DO I COMPARE THIS TO THAT I
DON'T UNDERSTAND THESE NEW TYPES
OF FINANCING?
AT WHAT HOW MUCH I'M GONNA PAY
WHEN ASKED WE PIT PAID BACK WITH
OVER AND OVER THAT IT'S
DIFFICULT AND I CAN OFTENTIMES
LEAD TO MISTAKES. JUST AS OFTEN
IS THEM REJECTING THAT TYPE OF
FINANCING BECAUSE THEY FIND A
BETTER OPTION DON'T TAKE THAT
TYPE OF FINANCING BECAUSE IT IT
PENCILS OUT.
SO TRANSPARENCY WILL PUT THE
BURDEN OF EDUCATION ON THE
LENDER TO EXPLAIN THE
DIFFERENCES AND BENEFITS IN
SHORT TERM AND LONG TERM CAPITAL
BUT IT WON'T HURT THE BUSINESS
WILL DISCUSS THEM TO EDUCATE
THAT THEIR. CUSTOMERS AND
PROSPECTS A LITTLE BIT MORE.
THE THE ARGUMENT IS FROM THE
OPPOSITION IS A SMALL BUSINESS
OWNERS ARE MORE SOPHISTICATED
BECAUSE THEY OWN A SMALL
BUSINESS SEVENTY FIVE PERCENT
SMALL BUSINESS OWNERS HAVE ONE
EMPLOYEE YOUR LAST DITCHES THEM
SO THE IDEA THAT SOMEHOW WHEN
THEY. WALK OUT OF THEIR HOME IN
WHICH THEY ARE A PROTECTED
CONSUMER WELL WITH ALL TYPES OF
PROTECTIONS BUT THEN THEY
TRANSFORM IS A PUT ON THEIR HARD
HAT FURTHER. HAD AS A CHEF OR
WHATEVER BUT SINCE THEY HAVE THE
DATE NOW ALL THE SUDDEN HAVE A
MASTERS IN FINANCE IS SIMPLY
RIDICULOUS AND UNFAIR.
SMALL BUSINESS OWNERS OVER
INDEXES IMMIGRANTS IN THE UNDER
INDEX ON HAVING COLLEGE DEGREES
SO THEY DEFINITELY NEED HELP.
SHOULDN'T BE SURPRISED BY THE
OPPOSITION TO THE BILL THESE
BUSINESS MODELS ARE WORKING
GREAT AND THEREFORE WE BELIEVE
CAN CAN STAND EDUCATING SMALL
BUSINESSES A LITTLE BIT MORE.
THANK YOU VERY MUCH NEXT WITNESS
PLEASE.
CHAIR.
I THINK IT FEATURED JACKSON
MEMBERS OF THE COMMITTEE I'M
MARK ROBERTS SMALL BUSINESS
MAJORITY WE ARE A NATIONAL A
CALIFORNIA BASED A SMALL
BUSINESS EDUCATION AND ADVOCACY
ORGANIZATION. HOW WE BELIEVE
THAT ENTREPRENEURS AND SMALL
EMPLOYERS ARE ESSENTIAL TO LOCAL
COMMUNITY SO WE CONDUCT HUNDREDS
OF WORKSHOPS AROUND THE STATE ON
ACCESS TO CAPITAL AND NUMBER OF
OTHER ISSUES? AYE WE ALSO
BELIEVE AND THAT THERE'S
AUTHENTIC VOICE OF SMALL
BUSINESS THAT WE SEEK TO BRING
TO SACRAMENTO DC THROUGH
SCIENTIFIC OPINION POLLING SO WE
DON'T ASK OUR FOLKS REX HIGHER
PLUM COMPANY TO GET A
BUSINESS OWNERS BELIEVE. WERE
ALSO MEMBERS AND FOUNDING
MEMBERS OF THE RESPONSIBLE
BUSINESS LENDING COALITION WHICH
IS FOCUSING ON IS ON ENSURING
THE SMALL BUSINESS OWNERS
UNDERSTAND THE TYPE OF CAPITAL
THE RECEIVING. TIME AND AS WE
KNOW SINCE THE GREAT RECESSION
TRADITIONAL FORMS OF CAPITAL
BECOME MUCH MORE DIFFICULT TO
SECURE AND THE CALIFORNIA
REINVESTMENT REINVESTMENT
COALITION FOUND THE SMALL
BUSINESS ADMINISTRATION BACKED
LENDING FELL BY MORE THAN SIXTY
PERCENT. AS WE HAVE A
SIGNIFICANT.
TELL OFF IN TRADITIONAL FORMS A
LANDING AND ALTERNATIVE LENDING
HAS COME TO FILL THAT VOID COME
AND WE WELCOME THE EMERGENCE OF
ALTERNATIVE TYPES OF FINANCING
TO HELP FILL THIS GAP. THAT WE
JUST WANT TO MAKE SURE THAT
SMALL BUSINESS OWNERS UNDERSTAND
WHAT THEY'RE GETTING WITH THE
GETTING THIS ALTERNATE TYPE
PRODUCT. SO WE DID RIOS.
RECENT SCIENTIFIC APPEL A
SCIENTIFIC OPINION POLLING
SHOWED THAT EIGHTY TWO PERCENT
OF SMALL BUSINESS OWNERS THINK
THAT HIGH INTEREST HI FI
PRODUCTS BEING OFFERED TO SMALL
BUSINESSES OUR PROBLEM. AND
EIGHTY SEVEN PERCENT OF SMALL
BUSINESS OWNERS REPORTED THAT
THEY ARE IN FAVOR OF GREATER
TRANSPARENCY AND SUPPORT
LEGISLATION LIKE THIS THAT WOULD
ENSURE INTEREST RATES AND FEES
ARE CLEARLY DISCLOSE TO
BORROWERS. TO OUR POLLING SHOWS
THIS IS CLEARLY A BIPARTISAN
SMALL BUSINESS ISSUE. AND WHILE
WE STRONGLY SUPPORTED INCLUDING
APR OR ESTIMATED A PR BEFORE
ROOSTER MOVED DUDE INDUSTRY
CONCERNS. AT A MINIMUM THERE
MUST BE AN ANNUALIZED
CALCULATION AS IT'S THE ONLY WAY
THAT TRULY ALLOWS FOR AN APPLES
TO APPLES COMPARISON FOR SMALL
BUSINESS OWNERS.
AND YOU ALWAYS RATES ARE
INDUSTRY STANDARD AND ESPECIALLY
IMPORTANT WHEN YOU LOOK AT THE
DATA SURROUNDING SOME OF THESE
LENDERS. WE KNOW THAT FOR ONE
LENDER MORE THAN SIXTY PERCENT
OF ALL THE LOANS THAT THEY
ISSUED WERE RENEWABLES.
SO SMALL BUSINESSES ARE TAKING
MULTIPLE PRODUCTS IN A SINGLE
YEAR AND THE LENDERS BUSINESS
MODEL CLEARLY ENCOURAGES THIS
PRACTICE. ANNUALIZED RATES ARE
ESSENTIAL FOR A TRUE COST
COMPARISON I'M SO ANY SOLUTION
MUST INCLUDE ANALYZE
CALCULATIONS I'M SMALL BUSINESS
OWNERS AND PLAY CREW CRITICAL
ROLE IN CALIFORNIA'S ECONOMY AND
WE MUST TAKE ACTION THANK YOU
VERY MUCH TRUST FUND SHOULD.
ANY OTHER WITNESSES HERE IN
SUPPORT OF THEIR OTHER WITNESSES
HERE IN SUPPORT.
ARE THERE ANY WITNESSES HERE IN
OPPOSITION.
ALRIGHT WE NEED TO RELINQUISH
ONE OF THOSE CHAIRS.
OKAY.
GOOD AFTERNOON AND. THANK YOU
FOR BEING HERE TWO MINUTES EACH
IF YOU WOULD.
THANK YOU MATT THANK YOU MADAM
CHAIRMAN MONEY TO SCOTT REALLY
TO INTRODUCE MY ORGANIZATION TO
THIS COMMITTEE BECAUSE WE'VE
NEVER BEEN BEFORE YOU. I'M WITH
THE EQUIPMENT LEASING AND
FINANCE ASSOCIATION THIS IS WHO
WE ARE AND WHO WE ARE NOT WE DO
KNOW CONSUMER TRANSACTIONS NOW
DO BUSINESS TO BUSINESS
TRANSACTIONS. WE OR THE
ORGANIZATION AND OUR MEMBERS ARE
THE ONES WHO LAND.
TWO SMALL BUSINESSES IN
CALIFORNIA AND ACROSS THE
COUNTRY WHEN NOBODY ELSE WILL WE
ARE NOT. A NEW FORM OF LENDING.
SOMEWHAT MY MEMBERS ARE THE
MAJOR.%
DEPOSITORY.
BANKS IN THE NON DEPOSITORY
FINANCING A COMPANY LIKE SNYDER
LEASING HERE IN SACRAMENTO'S
BEEN AROUND FOR SIXTY FIVE
YEARS.
NOTHING.
THAT I UNDERSTAND THE SPONSOR IS
TRYING TO DO.
IS IMPACTED BY ANY ABUSES THAT
HAVE BEEN PICKED ABOUT TALKED
ABOUT AND.
MY INDUSTRY IN MY MEMBERSHIP. WE
REPRESENT CAT WE REPRESENT
HEWLETT PACKARD ORACLE THESE
COMPANIES THAT THAT MANUFACTURED
PRODUCT. THAT IS LEAST IN
CALIFORNIA TO THE TUNE OF A
HUNDRED AND THIRTY FOUR BILLION
DOLLARS A YEAR.
AGAIN.
I CAN THINK THE SPONSOR BECAUSE
OF WORK WITHIN PAYMENT A STAFF
FOR ALMOST A MONTH.
TO TRY TO.
UNDERSTAND A CONCERNS AND EXEMPT
US WERE NOT THERE WE VAST RIGHT
NOW THE ONLY SECURE TRANSACTIONS
POLICING SECURE TRANSACTIONS ARE
THOSE TRANSACTIONS THERE SECURED
BY REAL PROPERTY. WILL THAT
MIGHT HELP SOME OF OUR MEMBERS
BUT MOST OF OUR PROP UP PROPERTY
IS SECURED BY EQUIPMENT.
AND.
I GOT A PROPOSES LEGISLATION I
DID NOT WANT TO OPPOSE THIS
LEGISLATION I WANT TO CONTINUE
TO WORK WITH THE SPONSOR.
BUT AS IT'S WRITTEN AND AS THE
THE AMENDMENT CAME TO YOU.
WE JUST ASKED.
IN ADDITION TO REAL PROPERTY WE
HAVE PERSONAL OR BOARD TWO WORDS
PERSONAL FOR REAL PROPERTY IN
THE SECURE THAT WOULD TAKE CARE
OF OUR MEMBERSHIP.
.
PERSONAL THOSE ARE PRETTY BIG.
IT HAD A NIGHT IT IN AND THEN I
UDERSTOOD I UNDERSTOOD THAT.
THANK YOU WHAT WILL COME BACK TO
EVEN SHORTER NEXT WITNESS TWO
MINUTES PLEASE THANK YOU MADAM
CHAIR AND COMMITTEE MEMBERS.
THANK YOU FOR THE OPPORTUNITY TO
PROTECT PRESENT TSTIMONY TODAY
REGARDING SB TWELVE THIRTY FVE.
MY NAME IS KATE FISHER AND I AM
HERE TODAY ON BEHALF OF THE
COMMERCIAL FINANCE COALITION. A
GROUP OF RESPONSIBLE FINANCE
COMPANIES TO PROVIDE CAPITAL TO
SMALL AND MEDIUM SIZED
BUSINESSES THROUGH INNOVATIVE
METHODS.
SMALL BUSINESSES BASIC GAP AND
CREDIT AVAILABILITY COMMERCIAL
FINANCE COALITION MEMBER
COMPANIES ARE TRYING TO CLOSE
THIS GAP AND HELP SPUR
ENTREPRENEURSHIP SOME MORE
CALIFORNIANS CAN OWN AND OPERATE
THEIR OWN BUSINESSES.
I ALSO AM A LAWYER WHO WORKS
WITH PROVIDERS OF COMMERCIAL
FINANCING ON COMPLAIN THE STATE
AND FEDERAL LAW.
THE COMMERCIAL FINANCE COALITION
SUPPORTS CALIFORNIA'S EFFORTS TO
MAKE BUSINESS FINANCING MORE
TRANSPARENT.
HOWEVER THE COMMERCIAL FINANCE
COALITION OPPOSES REQUIRING AN
EP R. OR ANNUALIZED COST OF
LITTLE DISCLOSURE.
AND ACCOUNTS RECEIVABLE PURCHASE
TRANSACTION IS FUNDAMENTALLY
DIFFERENT FROM ALONE.
THE BASIS OF THE BARGAIN ISN'T
THE BUSINESS PAYS ONLY A
PERCENTAGE OF ITS RECEIVABLES.
FOR BUSINESSES SALES GO DOWN THE
BUSINESS CAMPAIGN LESS.
IF A BUSINESS IS HEALED GO UP
BUT THE BUSINESS CAN PAY MORE
AND IF THE BUSINESS IS BURNED
DOWN IN A FIRE. THE BUSINESS
CAMPAIGN NOTHING UNTIL IT CAN
REOPEN AND STORES.
FOR EXAMPLE ONE WILDFIRES SWEPT
ACROSS CALIFORNIA LAST FALL A
BUSINESS IT WAS DAMAGED OR
DESTROYED AND CANNOT OPERATE
WOULD OWE NOTHING.
IT IS THIS UNCERTAINTY THAT
MAKES ANY APR OR ANALYZE COST OF
CAPITAL DISCLOSURE MISLEADING.
WE'RE NOT SAYING THAT IT IS
IMPOSSIBLE TO ESTIMATE AND
ANALYZE COST OF CAPITAL FOR
THESE TRANSACTIONS. ANYONE CAN
MAKE ASSUMPTIONS AND COMPANIES
DO MAKE ASSUMPTIONS FOR THEIR
ACCOUNTANTS AND INVESTORS.
BUT FOR A SMALL BUSINESS LOOKING
FOR FINANCING AND APR OUR
ANNUALIZED COST OF CAPITAL
DISCLOSURE WOULD ONLY AND
CONFUSION. I'M VERY OPTIMISTIC
THAT CALIFORNIA CAN LEAD THE WAY
IN PROVIDING BUSINESSES WITH
DISCLOSURES THAT ARE HOPEFUL AND
NOT CONFUSING. SUCH AS
DISCLOSING THE TOTAL DOLLAR COST
OF FINANCING WHICH IS CURRENTLY
IN THE BILL AND SECTION. BY
TWENTY TWO ITO TO BE THREE.
THANK YOU.
THANK YOU VERY MUCH ANY OTHER
WITNESSES IN OPPOSITION IF YOU'D
STEP FORWARD TO THE MICROPHONE
GIVE YOUR NAME AND AFFILIATION
PLEASE.
HI AND SING AND HAVE A PITY ON
BEHALF OF THE INNOVATIVE LENDING
PLATFORM ASSOCIATION WE'RE ALSO
IN OPPOSITION. AND WE ARE ALSO
IN OPPOSITION TO THE INCLUSION
OF THE ESTIMATED ANNUALIZED COST
OF CAPITAL METRIC.
THANK YOU VERY MUCH ANY OTHER
WITNESSES IN OPPOSITION LET'S
BRING IT TO THE.
TO THE DYESS.
I'M KIND OF CURIOUS WHY THE
OPPOSITION.
IT IS SUPPOSED TO THIS WEEK WE
KNOW A P. ARE. DOESN'T
NECESSARILY REFLECT THE COST OF
THE MONEY IS THIS IS AN ATTEMPT
TO. TO GIVE GREATER CLARITY AND.
THERE IS ALSO A FOUR YEAR
SUNSET WHICH THE AUTHOR HAS
AGREED TO SUGGESTING CASE WERE
NOT.
ACCOMPLISHING WHAT WE INTEND TO
A BUT I'M I'M KIND OF CURIOUS IS
IT AND DAHLE LAW ASK EITHER
EITHER BOTH OF YOU I MEAN. IS IT
BECAUSE YOU DON'T WANT TO CHANGE
WHAT WE'VE ALREADY GOT OR IS IT
THAT YOU THINK THAT THE CHANGES
WOULD BE MORE CONFUSING AND LESS
ACCURATE BECAUSE WE'RE LOOKING
FOR ACCURACY FROM NOT MISTAKEN
I.
WORK CLOSELY WITH THE SENATOR
AND HIS STAFF ON THIS SITE.
END UP YOU KNOW.
OUR BANKING PRODUCTS MONEY
PRODUCTS SAY OF GUN TERRIBLY
EXPENSIVE FECES. YOU KNOW NOT
THE OLD RAIL. FIELD THE. AT THE
WAY WE USED TO DO BUSINESS
THINGS OR THE COSTA MONIES VERY
MORE. ECONOMIC MUCH FOR PERHAPS
CREATIVELY DETERMINED TO AND. BY
ACCESS TO IT CAN BE CONFUSING
SO.
IS IT SEEMS LIKE TO ME AND WE
WORK CLOSELY AGAIN WITH THE
AUTHOR TO.
CREATE A SYSTEM WHICH IS MORE
ACCURATE IN REFLECTING WHAT THE
ACTUAL COST OF MONEY IS AND I'M
WONDERING WHY ARE YOU OPPOSED TO
THAT MANAGER IF I'M IF I MIGHT.
I THINK IT'S A AYE AYE LAW DOES
THE SENATOR FOR FOR FOR WHAT
HE'S ATTEMPTING TO DO. BUT OUR
FOR BACK TO THE ANALYSIS COME IN
THAT IS AND UNDER POINT NINE
THIS IS HIGHLY COMPLEX. DID THE
AP ARE THEY WAS THAT THEY WERE
NOT EVEN ABLE TO TO COME UP WITH
A FORMULA TO DETERMINE THE THE.
APR.
.
WITH THIS NEW TERM IT'S AN
ALTERNATIVE METRIC BUT ESTIMATED
ANNUAL COST OF CAPITAL I CAN
EXPECT THIS COMMITTEE TO
UNDERSTAND WHAT THAT IS BECAUSE
NO ONE IN THE FINANCE WORLD HAS
EVER HEARD OF THAT. TERM.
NOW. THAT SPECIFIC TERM IS NOT.
A TERM OF ART WITH IN FINANCE.
AND SO I KNOW OUR PEOPLE ARE
STILL TRYING TO SORT ARE STILL
TRYING TO FIGURE THAT OUT.
WELL IT'S DEFINED IN THE BILL SO
YOU OPPOSED TO THE DEFINITION.
IT IS SOMETHING THAT I KNOW THAT
WE'RE STILL LOOKING AT IT IS
NOT.
BUT TERM THAT IS USED ANYWHERE
IN THE COUNTRY.
THE AND WAS PART OF THE
AMENDMENTS SO IT I WANNA MAKE
SURE YOU YOU DO GET THAT A COULD
YOU RESPOND THEN SENATOR AND
THEN OPEN UP TO THE.
THE ISSUE OF WHAT.
THERE ARE OTHER PARTS OF THE
PROPOSED DISCLOSURES THAT WE
SUPPORT.
AND IN PARTICULAR SO TOTAL
DOLLAR COST OF FINANCING WHICH
WOULD INCLUDE FEES AND WOULD
NEED TO BE PROMINENTLY
DISCLOSED.
THAT.
THAT DISCLOSURE CAN BE APPLIED.
WITHOUT MISLEADING OR CONFUSING
ANYONE ACROSS THE PRODUCTS IS
WHEN WE GET TO THE PRODUCTS
FOR THAT FINANCING.
.
PROGRAMS THAT ARE CONTINGENT ON
THE MERCHANT ACTUALLY MAKING
MONEY OR OBTAINING THE
RECEIVABLES WHERE THE.
.
THE.
ACC WOULD BE MISLEADING.
THAT ANALYZE COST OF CAPITAL
THANK YOU APPRECIATE THAT
SENATOR WOULD YOU RESPOND THANK
YOU MADAM CHAIR AND YOU KNOW THE
TOTAL COST OF CAPITAL IS EXACTLY
THE REASON WHY WE'RE HERE TODAY.
BECAUSE NOBODY REALLY
UNDERSTANDS WHAT THAT IS BECAUSE
IT'S NOT FACTORED OVER TIME AND
UNLESS YOU FACTORED OVER TIME
YOU DON'T REALLY KNOW WHAT THAT
COST OF THAT MONEY REALLY IS.
AND SO THAT'S REALLY WHY WE'RE
HERE AND WHY THIS BILL IS BEFORE
YOU.
BECAUSE WHILE IT'S INFORMATIVE
TO A VERY SMALL EXTENT IT
DOESN'T REALLY TELL YOU. THE
REAL COSTS AND IT DOESN'T ALLOW
YOU TO TO COMPARE WITH EVERY
OTHER.
BORROWING SCHEME IN THE
MARKETPLACE YOU HAVE NO WAY TO
COMPARE WHAT I MARK FOR YOU TO
WHAT HE'S OFFERING IN.
IT'S NO WAY BECAUSE IT'S ALWAYS
A FACTOR OF TIME.
AND THE. THE THE AVERAGE COST OF
CAPITAL IS IT PERFECT NO IT'S A
SNAPSHOT IN TIME. IT'S EIGHT IT
TAKES AWAY THE ISSUE OVER THE
DECLINING BOUNCE IT YOU MAY PAY
OFF THROUGH A MERCHANT CASH
ADVANCE.
UP BECAUSE BUT IT GIVES YOU
SOMETHING AT LEAST WHAT YOU SAY
I'M GONNA BORROW OF MULLIN YOU
MONEY FOR NINETY DAYS OR A
HUNDRED TWENTY DAYS. IF YOU
FORCE THEM TO DO IT OVER THE THE
TWELVE MONTHS YOU GET A A NUMBER
THAT YOU CAN COMPARE AND YOU CAN
COSTS SHOP WITH.
AND IT'S REALLY ABOUT TRYING TO
PROVIDE THE DISCLOSURE TO THE
BAR SO THEY HAVE AS MUCH
INFORMATION SO THEY CAN MAKE A
SMART CHOICE. THAT SO IT'S
EXACTLY WHY WE'RE HERE THE TOTAL
COST OF CAPITAL. IS NOT ALLOWING
THE MARKETPLACE IS NOT ALLOWING
THAT SMALL BUSINESS OWNER TO
MAKE A FAIR CHOICE IN THE
MARKETPLACE AND THAT'S WHAT THIS
BILL IS ABOUT.
THANK YOU VERY MUCH SENATOR
MORLOCK.
HE MET EUROPE I COULD JUST ASK
A.
COUPLE QUICK QUESTIONS I WOULD
HAVE BEEN SURPRISED HAD YOU NOT.
ENGAGED IN THIS CONVERSATION AS
AN ACCOUNT SO PLEASE FEEL FREE.
I'M COMMERCIAL FINANCING TO A
RECIPIENT.
I HAVE MISSED RIO YOU YOU DO
EQUIPMENT LEASING WHICH IS A
DIFFERENT ALTERNATIVE FORM OF
FINANCING.
AND THEN.
MISS FISCHER YOU DO FACTORING
WHICH IS ALSO DIFFERENT FORMS
I'M. TRYING TO FIGURE OUT WHY
YOU'D BE IMPACTED STATE LAW
DEFINES A FINANCE LENDERS ANY
PERSON WHO IS ENGAGED IN MAKING.
CONSUMER LOANS ARE. COMMERCIAL
ONCE AND I THINK THAT'S WHAT THE
BILL'S TALKING ABOUT ARE JUST.
WHAT AM I MISSING?
THANK YOU OF IT THAT THE.
CFL APPLIES TO LANDING AYE THAT
THIS BILL WOULD WOULD.
APPLY TO COMMERCIAL FINANCE AND
THEN DEFINES COMMERCIAL FINANCE
MUCH MORE BROADLY. THAN WHAT IS
CURRENTLY UNDER THE THE CFL SO
IT WOULD INCLUDE.
ACCOUNTS RECEIVABLE PURCHASE
TRANSACTIONS WHICH IS FACTORING
AND MERCHANT CASH ADVANCE AND IT
WOULD.
INCLUDE LINDANE AND.
LEASING TRANSACTIONS FROM CUBAN.
WOULD WHO.
SENATOR GLAZER IT WOULD IT BE
POSSIBLE UNDER YOUR TERM
ESTIMATED ANNUALIZED COST OF
CAPITAL. TO GIVE A RANGE.
BECAUSE IF THE TIME IS NOT
CERTAIN COULD YOU COULD FINISH
FACTORING IN A FEW DAYS.
IF IT'S NOT CERTAIN CAN YOU GO
BETWEEN.
BY PERCENT AND A TEN PERCENTER.
TO THE CHAIR THAT THE CHALLENGE
WITH FACTORING IS IS EXACTLY AS
YOU JUST DESCRIBED THAT THERE
COULD BE LOTS OF DIFFERENT TERMS
WITHIN THOSE RECEIVABLE. THOSE
ARE THERE SAYS RECEIVE ALL THAT
YOU'RE BUYING YOU COULD HAVE A
WHOLE RANGE OF AGREEMENTS THAT
THAT THAT THAT THAT HAVE BEEN
SOLD. UNDER THE BILL AS AS
WRITTEN IT RIGHT AT THIS POINT
UP FACTORING IS NOT INCLUDED.
AND WE'VE HAD DISCUSSIONS WE
UNDERSTAND SOME OF THE CONCERNS
HAVE BEEN RAISED BY THE WITNESS
AND WERE HAPPY TO WORK WITH THEM
OVER THE COURSE OF THE NEXT.
A FEW WEEKS SEE HOW WHETHER NOT
IT SHOULD BE ADDRESSED.
BUT I DON'T THINK THAT FOR AYE
AYE WRITING OF THE BILL THAT WE
TRIED TO ADDRESS FACTORY.
AND ON THE ISSUE OF LE LY'S
EQUIPMENT LEASES AND I SHOULD
MENTION THIS EARLIER.
I AM.
I'M COMMITTED TO TRYING TO
ELIMINATE EQUIPMENT LEASES
FROM BEING.
.
NOT FROM HAVING THAT THE THAT
THE BILL APPLYING TO THOSE THAT
THAT THAT NARROW FRAMEWORK.
THERE IS PROPERTY YOU'RE PUTTING
THAT IN THE NEXT IT'S NOT ABOUT
BASED ON THE CASH REGISTER AND
WHAT YOU'RE BRINGING IN THE
COURSE OF A DAY OR WEEK OR
MONTH.
THERE'S EQUIPMENT THAT'S BEING
PUT.
IN PLAY AS COLLATERAL AND SO I
DO SEE THAT AS A DIFFERENCE AND
I'M COMMITTED TO WORKING WITH
THE LEASING COMMUNITY EQUIPMENT
LEASING COMMUNITY TO MAKE SURE
THAT. THE BILL AS FAR AS
WRITTEN.
EXEMPTS THAT THAT CLASS OKAY
FINISHES SAID THAT EARLIER.
I SHOULD SAID THAT EARLIER.
OKAY THAT.
THAT THAT'S GREAT BECAUSE MY
NEXT QUESTIONIS YOUR BEYOND
LEASING SO MANAGER THANK YOU SO
MUCH FOR. BURGER MEDIA FIND THAT
CLARIFICATION.
ANY OTHER QUESTIONS SENATOR
STERN.
YOU MADAM CHAIR A.
LIKE THE PREMISE OF THE BILL.
WE NEED MORE DISCLOSURE IN THIS
SPACE ESPECIALLY GIVEN THE RISE
OF THIS KIND OF.
FIN TECH COMMERCIAL LENDING
THINGS BEEN IMPORTANT RESOURCES
I HEARD YOUR SUPPORTERS SAY.
.
I ACTUALLY I'M OF THE OPINION
THAT WE SHOULD HAVE SOME KIND OF
LICENSING PROCEDURE OR SOMETHING
LIKE THAT IN PLACE.
AT IT I DO HAVE SOME CONCERNS
ABOUT THE LACK OF ADMINISTRATION
ADMINISTRATIVE ENFORCEMENT
POTENTIAL HERE ON THE DISCLOSURE
SIDE BECAUSE I THINK THE
DISCLOSURE PART OF THE BILL.
THAT SORT ON THIS NOT NOT THE
ANNUAL AS CAUSTIC AFTER SHEDDING
IS REALLY IMPORTANT I WANT YOU
TO RETAIN I'M UNCOMFORTABLE
THOUGH WITH. THIS ARE UNTESTED
NATURE OF THIS ANNUALIZED COST
CAPITA GET WHAT YOU'RE TRYING
TO.
TO DO COME UP WITH A MEANINGFUL
METRIC THAT ACTUALLY MATTERS TO
A A SMALL BUSINESS OWNER
BORROWER. BUT JUST A COUPLE
QUESTIONS AND I IT IT MAY BE FOR
YOU.
AYE AYE AYE I'M LESS SO FOR THE
LEAST SERIOUS AND MORE SO FOR
THE THE LENDERS BUT.
.
THE DIFFERENT TREATMENT OF OPEN
ENDED VERSES CLOSED ENDED
PRODUCTS LIKE. WE DO LOAN
PRODUCTS THAT DON'T HAVE AN END
DATE WHAT WIRE.
WHY DOES THE BILL TREAT THEM
DIFFERENTLY WERE SORT OF PLAYING
WITH HIS TIME ELEMENT AND
THERE'S CERTAIN LOANS THAT ARE?
OPEN ENDED THEIR CERTAIN LETTER
TO MONTHS THERE CERTAIN THAT
EVERY YEAR I GET YOU TRY TO SORT
OF FIND THAT SWEET SPOT FULL.
BUT WHY TREAT THE OPEN ENDED
DIFFERENT THAN THE CLOTHES.
THROUGH THE CHAIR SENSE THINKING
IT'S MY UNDERSTANDING SENATOR ON
TREATING THE SAME. A AN OPEN
ENDED.
IT SIMPLY MEANS THAT IT'S LIKE
YOUR CREDIT CARD YOU.
BY SOME THINGS YOU HAVE A DEAD
ON YOUR CREDIT CARD YOU HAVE A
LIMITS. BUT YOU CAN I PAY IT
DOWN AND THEN GO AHEAD AND GO UP
HERE LIMIT AGAIN IT'S IT'S A
IT'S A REVOLVING CREDIT LINE
THAT ALLOWS YOU TO CONTINUE AND
IT IS APPLY IF THIS BILL DOES
APPLY TO THAT.
IN TERMS OF A TWELVE MONTH TERM
IN TERMS OF THE AVERAGE COST A
CLOSED AND IS WHERE YOU GET A
THOUSAND DOLLARS AND WANT TO PAY
IT OFF. THEN EITHER ACT APPLYING
GET ANOTHER THOUSAND DOLLARS AND
THE SAME STANDARD APPLIES THERE
TO THAT TYPE OF A LOAN O MY
UNDERSTANDING AND HOW THE BILL'S
WRITTEN AND I AM LOOKING FOR ANY
EXPERT. YET MAYBE IT'LL BE
OTHERWISE KNOWS I THINK I THINK
I'M I'M ASKING THE FEES AND
CHARGES IN IN THE DISCLOSURE OF
THE FEES AND CHARGES OF REASON
CHARGES NOT CAPTURED WITHIN THE
A CC FOR THAT DISCLOSURE.
AND WHAT.
GIVE YOUR NOT INCLUDING THE FEES
AND CHARGES FOR.
IT'S ONLY FOR THE CLOSED ANY
PRODUCTS AND NOT THE OPEN AND IT
DON'T YOU I MEAN.
THAT DESCENDED.
HARD THEN FOR THE BUSINESS OWNER
TO ACTUALLY MAKE A GOOD DECISION
ABOUT THAT.
WELL. WHEN WE ABSOLUTELY BELIEVE
THAT THEY SHOULD BE INCLUDED IN
WITH WE BLIEVE IT SHOULD BE AN
ESTIMATED A PR BUT THE
OPPOSITION WAS GREAT IN IN THIS
BILL IS FAR BETTER THAN. NO WAY
TO COMPARE AT ALL. BUT THAT THEY
ARE APPLES AND APPLES THE
WITHTHE BILL PRESCRIBES OPEN
ENDED
IN IN THE CLOSED ENDED THOUGH
IT'LL BE CALCULATED THE SAME WAY
SO WILL BE CONSISTENT.
SO IF IT GIVES YOU ANY COMFORT
WE DID.
ASKING THE SENATORS AGREED TO
ACCEPT A SUNSET PROVISION
APPLICABLES TO ACC.
IT IF IF IT FOUR YEAR SUNSET SO
HAPPY TO GIVE IT A TRY DOES WORK
AT SUNSETS AT THE END OF THAT
PERIOD TIME.
I APPRECIATE THAT I I WOULD SAY
MY CONCERN THESE FOR YEARS IS
WHAT IT WILL DO TO CONSIDER THIS
SMALL BUSINESS CREDIT MARKETS
AND WHAT THE IMPACT COULD BE AND
I. I KNOW YOU CRE ABOUT THIS
STUFF I KNOW YOU'RE TO TRY TO
HELP THESE THESE FOLKS NOT HURT
THEM. BUT I DO WANT TO GET A
SENSE FROM THE INDUSTRY SINCE
YOU ARE NOW ON THE RECORD IN
BEFORE THE COMMITTEE.
IF IT DID IT THROUGH THE CHAIR
BUT WHAT.
WHAT IMPACT WOULD? THIS METRIC
HAVE POTENTIALLY ON ACCESS TO
CREDIT IN.
THEY'RE LENDING MARKETS I MEAN
TO TO THE I KNOW THERE'S A LOT
OF DIFFERENT BUSINESS MODELS OUT
THERE I GET I GET THAT THERE'S A
LOT OF INNOVATION GOING ON IN.
SOME PRODUCTS BETTER THAN OTHERS
ARE WORSE THAN OTHERS.
YOU HAVE A SENSE OF WHAT.
LIVE WITH THESE LENDERS WOULD
ACTUALLY DO IF FACED WITH THIS.
NEW METRIC AND.
WE THEY CHANGE THEIR BUSINESS
MODEL WITH A PACKED UP WITH THE.
WELL I MEAN YEAH I JUST WANT TO
HEAR THAT COMMENTARY ON THAT.
JURY AND MORE SO FROM THE THANK
YOU MADAM CHAIRYES PLEASE DON'T
MIND. THAT IT IT'S IT'S IT'S
LIKELY THAT.
FINANCE PROVIDERS WHO ARE
REQUIRED TO USE AN UNTESTED
METRIC.
IN CALIFORNIA AND MAY SHY AWAY
FROM DOING TRANSACTIONS IN
CALIFORNIA. AND AND YOUR
QUESTION ABOUT THE OPEN ENDED
NATURE IS IS A GOOD ONE.
THE PEACE AND I'M FOCUSED ON IS
THE CONTENTION NATURE OF%
FACTORING EMERGING CASH ADVANCE
WHERE THE.
PAYMENTS ARE CONTINGENT ON ON
THE BUSINESS ACTUALLY MAKING
REVENUE OR BEING PAID ON AN
INVOICE AND I WAS USING THE WORD
FACTORING IN PRECISELY SO. THERE
IS SOME FACTORING THAT IS
EXCLUDED FROM THE BILL.
BUT MERCHANT CASH ADVANCES A
DIFFERENT TYPE OF FACTOR IN
WHERE THE BUSINESS OWNER FACTORS
THERE OF REVENUE STREAM. AND
THAT TYPE OF VETERAN IS NOT
ACCEPT.
AND IF I QUICKLY CLARIFY MADAM
SHOULD THAT IS CORRECT. IF YOU
IT GOT SO THAT IF YOU'RE USING A
MERCHANT CASH ADVANCE WHICH
MEANS THAT YOU'RE GONNA TAKE. A
PERCENTAGE OF EVERY DALY RECEIPT
THAT COMES THROUGH AS YOU'RE. A
PAYMENT FOR WHATEVER IT IS THAT
IS INCLUDED AND THEN THE
FACTORING AS WE DESCRIBED. A
MOMENT AGO IN TERMS OF ACCOUNTS
RECEIVABLE IS NOT SO AS IT WOULD
IT WOULD YOU NATION FROM THE WEB
WOULD CHOOSE THEN RESPOND THE
QUESTION IS. HOW WILL COMPANIES
WHO ARE IN THE BUSINESS OF
MAKING THESE LOANS RESPONDED
CALIFORNIA NOW CREATES THIS NEW
SYSTEM WILL THEY STOP DOING
BUSINESS WITH US OR? NGUYEN
THAT'S A. A BOTTOM LINE
IMPORTANT QUESTION BECAUSE WE'RE
ALL TRYING TO HELP SMALL
BUSINESSES ARE WE GOING TO BE
HURTING THEM BY DOING THIS OR.
DO YOU BELIEVE THAT COMPANIES
WILL RECOGNIZE WE'VE GOT.
A SUBSTANTIAL NUMBER BUSINESSES
AND CUSTOMERS FOR YOU AND TRY TO
MAKE THAT ADJUSTMENT.
WELL I'M OUT OF GIVE A SHOT AT
IT THAN I AM. EXCEPT FOR THE.
THE ACC I THINK THAT IT WILL
ONLY ENHANCE.
DISCLOSURES FOR. BUSINESS SMALL
BUSINESSES IN CALIFORNIA I THINK
IT'S A. BIG STEP FORWARD THE ACC
PIECE BECAUSE US UNTESTED.
AND BECAUSE IT CAN DISTORT THE
COST OF SOME ৻ES
AYE I THINK IT'LL MAKE FINANCING
SOURCES THINKING THAT'S WHY WE
ASK. FOR THE SUNSET OF FOR YEARS
BUT.
OF.
THE CENTER MORE LARKIN THEN
SENATOR WIECKOWSKI DID YOU HAVE
A QUESTION.
SENATOR HERTZBERG CURRENT
SENATOR MORE LOCK AND THEN SEND
HERTZBERG
THE MANAGER JUST BABY DOES I
DON'T HAVE A GUN ANSWER TO MY
RANGE QUESTION.
YOU WON A PRECISE ONE NUMBER OR
CAN YOU SAY. BASED ON CERTAIN
FACTORS IT'S BETWEEN X. AND Y..
BUT WE'RE.
THROUGH THE CHAIR SENATOR WE
WERE TRYING TO. BE RESPONSIVE TO
THE INDUSTRY'S CONCERNED THAT.
THAT TYPE NOT BEING CLEAR IN
THIS RESPECT COULD COULD TO
SUBJECT THEM TO SOME VOTE WITH
LEGAL VULNERABILITY.
AND SO WE TRIED TO CREATE A
SNAPSHOT IN TIME THAT WAS CLEAR.
AT ITS CALCULATION AND ITS DEBTS
DONE SO IN THE AMENDMENTS TO THE
BILL.
SO THAT THERE WOULD BE NO
CONFUSION ABOUT EXACTLY HOW TO
DO IT.
UNDER UNDER THE
OF THE ACC STANDARD OKAY. SO
COULD YOU DO IT DIFFERENTLY YES
AND I'D ALWAYS BE OPEN TO OTHER
WAYS TO DO IT BUT I WAS
SENSITIVE TO THE. CONCERNS
RAISED UP BY THE LENDERS THAT
THEY DON'T WANT TO HAVE HAPPEN
NEW LEGAL EXPOSURE BASED ON HOW
WHAT THEY PUT FORWARD TO THE
POTENTIAL.
A COMMERCIAL LENDER A. SO THAT
THAT'S WHY WE'VE DONE IT THIS
WAY THERE WOULD BE FOOT NOTED
LIKE YOU'D SAY HERE ALL OF OUR
SANCTIONS.
.
THAT THEY CERTAINLY COULD DIE
DATE TO CONSULT WITH THEIR LEGAL
COUNSEL AND MAKE SURE THAT THAT
WHAT THEY PRESENTED SOMETHING
THAT THEY'RE COMFORTABLE WITH
THAT BECAUSE A LOT OF DIFFERENT
WAYS TO DO THAT AND I WOULDN'T
PRESUME TO. TELL THEM EXCEPT
THAT WE TRIED TO IN THE BILL AS
AMENDED TO BE CLEAR AND HOW THAT
STANDARD SHOULD BE A CALCULATED
SO TO PROVIDE ALL THE
PROTECTIONS WOULD LIKE THEM TO
HAVE. IN NOT MAKING THAT.
THAT'S OFFERED TO A POTENTIAL
CUSTOMER.
THE KEYS SENATOR HERTZBERG.
THAT THEY VENTURE IS THERE ANY
WAY.
WE CAN ENGINEER MORE FLEXIBILITY
IN THIS.
I MEAN YOU YOU YOU OPPORTUNITY
PROMISE.
THE AND I'VE DEALT WITH SOME OF
THESE BILLS YEARS AGO AND AND
AND AND SOMETIMES WE WILL WRITE
AND SOMETIMES A WRONG.
USERS CAN HAVE A CHILLING
EFFECT BECAUSE THIS IS AN
UNTESTED METRIC.
IS YOU CAN ACHIEVE ITS
OBJECTIVE.
WE ARE NONE OF US KNOW WE HOPE.
CHIEF SUBJECTIVE BATES A NOBLE
CAUSE IT'S A NOBLE CAUSE THE
QUESTION IS.
COULD WE GIVE JAN OWEN. WHATEVER
NEW TITLE THAT DEPARTMENT IS I
JUST MEMBERS THE BANKING
COMMISSIONER FROM THE OLD DAYS
RIGHT THAT'S ANOTHER COP. AND.
GIVE HER MORE FLEXIBILITY TO
LOOK AT THIS AND THE FINE OF
IT'S ACTUALLY WORKING ON THE
FEDERAL GOVERNMENT THAT SO OFTEN
WHAT HAPPENS WITH CONGRESS THEY
GIVE. MORE FLEXIBILITY AND
DISCRETION THE DEPARTMENTS.
SO THAT THEY THEN CAN DETERMINE
THAT YOU CHEAT THE OBJECTIVE IN
THE FRAMEWORK OF WHAT YOU'RE
TALKING ABOUT BUT AVOID THE
UNINTENDED CONSEQUENCES OF A
MISTAKE BECAUSE WE WE SAT AND WE
HOPE THAT WE GOT THIS RIGHT. IN
DRAFTING LEGISLATION BUT WE'RE
NOT QUITE SURE AND TO ME IT
SEEMS WE COULD PROBABLY.
PUT ENOUGH
A FRAME AROUND IT THAT YOU CAN
GIVE US.
SUFFICIENT DIRECTION ON THE ONE
HAND.
ON THE END OF FLEXIBILITY TO BE
ABLE TO MAKE SURE GOALS ARE
ACHIEVED ON THE OTHER BECAUSE IT
IS DIFFICULT IN THIS WORLD THE
BANKING AND FINANCE WORLD A CUT
A LIVING THERE.
YOU KNOW THAT ALL ABOUT START
DECISIVE LOOK AT BACKWARDS THEY
GOT THEIR WORLD ALL THE CITY
THROUGH A NEW IDEA ADAM NEW
TERM.
RIGHT WHAT DOES THAT MEAN HAS IT
WORK.
BUT I GOT IT TO THE CHEST OF THE
TERRITORIES IN THAT IN REGARDS
OF LEGAL VULNERABILITIES ENERGY
DO YOU HAVE ANY OTHER QUESTIONS
FOR IT WHY DON'T YOU USE THAT AS
PART OF YOUR CLOTHES OKAY.
.
CERTAINLY THAT THE GOAL OF THIS
IS NOT TO AYE A ROAD THAT
CAPITAL MARKET FOR SMALL
BUSINESS THAT WE ALL WANT THAT
TO THRIVE WE WANT THAT WE
APPRECIATE THAT WITH THE
CREATIVE LENDERS THAT INCOME
MAN.
I AM PLACE OF A LOT OF THE
ESTABLISH BANKS TO PROVIDE THAT
CAPITAL. I DON'T THINK THAT'S
GONNA CHANGE TOMORROW BECAUSE
THEY HAVE A A CLEAR DISCLOSURE
STANDARDS.
WHAT WE ARE TRYING TO DO IS TO
MAKE SURE THAT IF THE WORRY IS
THAT SOMEHOW BY MORE HONESTLY
DISCLOSING THE COST OF YOUR
CAPITAL? SMALL BUSINESS PEOPLE
ARE GOING TO RUN AWAY AND NOT
BORROW THE MONEY.
WELL THEN FOR THAT INTEREST
GROUP THAT THAT THAT THAT
INTEREST THAT DECIDES THAT THEY
WANT TO MANIPULATE. THEIR THEIR.
BORROWING SCHEME SO PEOPLE
DON'T KNOW THEN GOOD RIDDANCE
GET OUT OF HERE I DON'T WANT TO
THE CALIFORNIA. AND WHAT THE
MILLENNIUM WHO ARE GOOD PEOPLE.
I DON'T WANT THEM HERE.
BUT IF YOU'RE GOING TO JUST
PROVIDE HONEST DISCLOSURE ABOUT
THE COST ON AN ANNUALIZED BASIS.
AND THAT THAT SHOULDN'T GET IN
THE WAY OF THE OF BEING
SUCCESSFUL IN EUROPE IN AND
BORROWING AND LENDING MONEY. IT
JUST MEANS THAT AT THAT A SMALL
BUSINESS PERSON CAN COMPARE AND
SEE WHETHER JOE WERE MERRIER
SAM'S LENDING BUSINESS IS BETTER
OR WORSE THAN. AND SOMETHING
ELSE THAT IS NOT GOING TO DRY UP
CAPITAL IN THE STATE BUT WE
AGREE ON WHAT WE WANT OUT OF
THIS BILL WHICH IS ONE OF
THRIVING. A OF FINANCE MARKET
FOR SMALL BUSINESS SO THEY CAN
THRIVE AND ANYTHING THAT
JEOPARDIZE THAT WOULD GET ME
RIGHT BACK AT THIS TABLE
IMMEDIATELY. TO WORK TO AYE
CHANGE COURSE BECAUSE THAT IS
NOT WHAT WE WANT IN THIS BILL WE
JUST ONCE MORE WE JUST WANT
HONEST TRANSACTIONS AS WE WANT
ON THE CONSUMER LEVEL THAT'S ALL
THIS IS ABOUT. AND I'M HAPPY
THAT WITH THE FOUR YEAR SUNSET
TO WHAT TAKE AT ASSESSMENT OF IT
BUT IT BELIEVE ME IF WE SAW SOME
EROSION IN THE MARKETPLACE
BECAUSE OF THIS.
DISCLOSURE STANDARD I I'D BE
BACK HERE IN A NANOSECOND YOU
HAVE MY COMMITMENT ON THAT
WITH THAT I THANK YOU FOR THE
OPPORTUNITY PRESENTED YOU VERY
MUCH I THINK MOST OF US IF NOT
ALL OF US AGREE THAT'S THE GOAL
IS WE WANT A ROBUST SMALL
BUSINESS. COMMUNITY WE WANT
PRODUCTS THAT WE UNDERSTAND AND
THAT ARE GOING TO BENEFIT THE.
BOTH THE INDUSTRIES THAT ARE
ENGAGED HERE AD SO APPRECIATE
YOUR EFFORT APPRECIATE YOUR
WORKING WITH US ON. A GETTING
CLOSER TO THAT GOAL WITH THAT WE
HAVE A MOTION SIR MOTION.
OUR MOTION BY SENATOR WHY KOWSKI
THE MOTION IS DO PASS AS AMENDED
TO THE SENATE FOR PLEASE CALL
THE ROLL. JACKSON AYE JACKSON
AYE MORE LOCK.
ANDERSON. HERTZBERG.
MONNING. MONNING AYE STERN.
WIECKOWSKI AYE WIECKOWSKI AYE
ALRIGHT YOU HAVE THREE VOTES WE
WILL PLACE MATTER.
ON CALL.
OUR NEXT ITEM SENATOR MONNING
WERE GOING TO ASK YOU TO.
PROCEED WITH FILE ITEM SIX.
GREAT
COULD.
RIGHT LET'S COME BACK TO ORDER
PLEASE.
WE HAVE A BEFORE IT'S NOW YEAH
FILE ITEM SIX S. B. ELEVEN
TWENTY NINE SENATOR MONNING GOOD
AFTERNOON MADAM CHAIR.
ALLISTER BY THINKING MY
COLLEAGUES WHO HAVE ALLOWED US
TO.
JUMPED THE ORDER HERE FOR
MEMBERS AND I ALSO WANT TO THANK
THE CHAIR. IN YOUR STAFF FOR THE
WORK ON THIS I WANT TO START BY
ACCEPTING THE COMMITTEE'S
RECOMMENDED AMENDMENTS AS
OUTLINED IN THE ANALYSIS.
MEMBERS SENATE BILL ELEVEN
TWENTY NINE WILL CORRECT AN
INJUSTICE FOUNDING CALIFORNIA'S
CURRENT FAMILY LAW CODES WHERE
ONLY CERTAIN VICTIMS OF DOMESTIC
VIOLENCE ARE PROTECTED. FROM
BEING FORCED TO FINANCIALLY
SUPPORT THEIR ABUSIVE SPOUSE AT
THE END OF A MARRIAGE.
CURRENT LAW SHIELDS VICTIMS OF
ATTEMPTED MURDER IN VICTIMS OF
VIOLENT SEXUAL ASSAULT FROM
HAVING TO PAY THEIR BUCER
SPOUSAL SUPPORT. ATTORNEY'S FEES
OUT OF THEIR SEPARATE PROPERTY
AND FUTURE INCOME FROM INTEREST
IN THEIR PENSION OR RETIREMENT.
VICTIMS OF OTHER FORMS OF
JUDGMENT MASTIC VIOLENCE HOWEVER
DO NOT RECEIVE THIS LEVEL OF
PROTECTION AND INSTEAD ONLY
PROVIDED A PRESUMPTION THAT THE
COURT SHOULD NOT ORDER SPOUSAL
SUPPORT.
THE AMENDED VERSION OF SENATE
BILL ELEVEN TWENTY NINE
ADDRESSES THIS IN EQUITY BY
EXPANDING ELIGIBILITY FOR THESE
PROTECTIONS TO ALL SURVIVORS OF
DOMESTIC VIOLENCE.
SPECIFICALLY ELEVEN TWENTY NINE
WILL CREATE A BIFURCATED
APPROACH TO DETERMINING HOW THE
COURT SHOULD AWARD SPOUSAL
SUPPORT TO CONVICTED ABUSERS.
IN CASES WHERE THERE IS A
CONVICTION FOR A FELONY DOMESTIC
VIOLENCE THE COURTS WILL BE
STRICTLY PROHIBITED FROM MORNING
SPOUSAL SUPPORT. ATTORNEYS FEES
AND COMMUNITY PROPERTY INTERESTS
IN A PENSION A RETIREMENT TO THE
CONVICTED SPOUSE.
IN INSTANCES OF CONVICTIONS FOR
MISDEMEANOR DOMESTIC VIOLENCE
THE CONVICTED SPOUSE SHALL
RECEIVE AREBUTTABLE PRESUMPTION
AGAINST THE COURTS ORDERING THE
SAME OR WORDS OF SUPPORT.
THIS WILL ALLOW CONVICTED SPOUSE
THE OPPORTUNITY TO PRESENT
MITIGATING FACTORS BEFORE A
JUDGE WITH THE GOAL OF REBUTTING
THE PRESUMPTION BY PREPONDERANCE
OF THE EVIDENCE.
BOTH APPROACHES UNDER THIS BILL
WILL ALSO PROVIDE THAT IF THE
INJURED SPOUSE SO CHOOSES. THE
DATE OF SEPARATION RECOGNIZED BY
THE COURTS WILL BE THE DATE OF
THE VIOLENT INCIDENT LEADING TO
THE CONVICTION. AND NOT THE DAY
THEY SOUGHT TO END THE MARRIAGE.
REINSTATING A REBUTTABLE
PRESUMPTION WILL ALSO PROVIDE
FOR GREATER JUDICIAL DISCRETION
IN SITUATIONS WHERE A LONGTIME
VICTIM OF DOMESTIC VIOLENCE
FIGHTS BACK AND SUBSEQUENTLY
RECEIVED A DOMESTIC VIOLENCE
CONVICTION.
OF HER OWN OR HIS OWN. MEMBERS
THIS BILL PRESENTS US AN
IMPORTANT OPPORTUNITY TO FIX AN
INEQUITY IN THE LAW.
EXPAND CRUCIAL FINANCIAL
PROTECTIONS FOR SURVIVORS OF
DOMESTIC VIOLENCE
AND WITH THAT MADAM CHAIR
MEMBERS HAD RESPECTFULLY ASK
YOUR AYE VOTE THE APPROPRIATE
TIME IN WITH THE CHAIRS
PERMISSION WOULD LIKE TO
PERCENT.
OR WITNESS LAURA LEE MARTIN.
THANK YOU SENATOR AND GOOD
AFTERNOON THANK YOU FOR JOINING
US TODAY. THANK YOU.
.
I'M LAURA LEE MARTIN AND I'M
ALSO PART OF THE.
HIDDEN DEMOGRAPHIC OF DOMESTIC
VIOLENCE.
SURVIVORS AND.
I MIGHT BE HIDDEN BUT I'M NOT
UNIQUE.
I AM AN EDUCATED WOMAN WHO'S HAD
A PROFESSIONAL CAREER EARN A
GOOD INCOME AND LIVE IN A NICE
HOUSE.
ON THE OUTSIDE EVERYTHING WAS
PERFECT. BUT BEHIND THE CLOSED
DOORS THE DOMESTIC VIOLENCE
RAGED.
I'M SIXTY FOUR. I'M DISABLED
WITH A RARE HEART CONDITION THAT
MAYO CLINIC JUST LINKED.
TO EXTREME EMOTIONAL STRESS.
I'M LIVING ON SSD I INCOME AND A
FIXED PENSION.
I CARE FOR AN ADULT DISABLED SON
WHO SUFFERED A BRAIN INJURY. ON
HIS HIGH SCHOOL GRADUATION TRIP
TO DISNEYLAND JUST TWO YEARS
AGO.
I'M A SURVIVOR OF DOMESTIC
VIOLENCE THAT SPANNED NEARLY
THIRTY TWO YEARS.
THE ISSUES IN THIS BILL ARE VERY
CLOSE TO HOME FOR ME.
I WAS EMPLOYED BY THE UNIVERSITY
OF CALIFORNIA FOR TWENTY FIVE
YEARS I LAUNCH THE SCIENCE
FELLOWSHIP PROGRAM HERE IN THE
CAPITAL ABOUT NINE OR TEN YEARS
AGO.
IN MY PROFESSIONAL LIFE I WAS
CONFIDENT INEFFECTIVE. AT HOME I
WAS ON EGGSHELLS INFREQUENTLY
FEARED FOR MY LIFE IN THE SAFETY
OF MY SON.
I DID NOT CONSIDER MYSELF AN
ABUSIVE RELATIONSHIP.
I HAD NO BROKEN BONES.
BUT I KNEW I WAS TERRIFIED IN MY
OWN HOME.
I WOULD SLEEP IN THE GROUND
FLOOR GUESTROOM WHERE I KEPT THE
SECOND SET OF CAR KEYS MY CAR
WAS BACK IN THE DRIVEWAY I COULD
CLIMB OUT THE WINDOW.
I ALSO HAD A NOTE IN MY SAFETY
DEPOSIT BOX.
POINTING TO MY HUSBAND IF
ANYTHING HAPPENED TO ME.
ONLY AFTER MY SON'S BRAIN INJURY
WHEN HE CAME HOME WEARING A
HELMET BECAUSE HALF OF HIS SKULL
HAD BEEN REMOVED.
DID MIGHT CONCERN FOR HIS
SAFETY.
OUT WAY IN THE DENIAL OF ABUSE
AND THE FEAR FROM MY FANS
FINANCIAL INSECURITY.
I FINALLY CALLED NINE ONE ONE.
HE ASKED ME THIS MRNING AS I
LEFT MOM PLEASE TELL THEM.
I WAS TELLING YOU TO CALL THEM A
LONG TIME BEFORE.
MY HUSBAND IS SERVING A THREE
YEAR PROBATION UNDER PENAL CODE
TWELVE OH THREE ZERO NINE SEVEN
THAT'S THE DOMESTIC VIOLENCE
PENALTY.
AND HE GETS FIFTY TWO WEEKS OF
PROTECTED OR.
.
BATTERERS TRAINING AND HE HAS A
CRIMINAL PROTECTIVE ORDER IN
PLACE TO PROTECT MY SON AND ME.
I WAS THE PRIMARY WAGE EARNER IN
MY FAMILY AND FINANCIALLY MY
HUSBAND WILL NOW BE REWARDED FOR
HIS ABUSE AND MY SON AND I WILL
STRUGGLE.
THE CURRENT LAWS PROTECT ME FROM
PAYING SPOUSAL SUPPORT BUT THEY
DON'T WOULD PROTECT ME FROM
LOSING UP TO FIFTY PERCENT OF MY
PENSION MY RETIREMENT INCOME.
BECAUSE I'M IN CURRENTLY LIVING
ON THOSE DOLLARS IT'S NO
DIFFERENT TO ME. THAN PROVIDING
HIM WITH SPOUSAL SUPPORT.
HE GAINES I LOSE.
UNLESS I REMAIN MARRIED TO HIM.
IF I'D STAYED IN ABUSIVE
RELATIONSHIP UNTIL WE ATTEMPTED
TO MURDER MIA AND IF I'D SURVIVE
THAT.
I WOULD NOT LOSE ANY OF THOSE
DOLLARS.
THE LINE A LOT BETWEEN ATTEMPTED
MURDER.
AND MURDER IS TOO THIN AND
UNPREDICTABLE TO BE WHAT THIS
LEGISLATURE INTENDED.
TO BEST PROTECT DOMESTIC
VIOLENCE VICTIMS.
MY HUSBAND PLAYED MY FEAR OF
FINANCIAL INSECURITY TO KEEP ME
CAPTIVES.
HIS RETURN ON INVESTMENT.
INCREASE WITH THE YEARS OF
ABUSE.
THIS BILL IS NOT ABOUT DENYING A
NICE GUY HIS SHARE OF COMMUNITY
PROPERTY. IT'S ABOUT THE
ECONOMIC IMPACTS OF A CRIME ON
THE VICTIM.
AND NOT REWARDING AN ABUSER FOR
THE ABUSE THEY INFLICTED.
THIS BILL WILL HELP REMOVE THE
FEAR OF FINANCIAL INSECURITY
THAT HOLDS MANY VICTIMS JUST
LIKE ME CAPTIVE AND IT WILL SEND
THE MESSAGE COULD BE ABUSERS OF
THAT THERE IS ACTUALLY A
FINANCIAL CONSEQUENCE FOR THEIR
ABUSE.
I'M STILL MARRIED TO MY HUSBAND.
THE FINANCIAL CONSEQUENCES OF
LEAVING HIM OUR DIRE GIVEN MY
AGE.
MY DISABILITY AND MY NEED TO
CARE FOR MY SON.
I UNDERSTAND THIS MAY BE
UNFATHOMABLE TO YOU IN THIS
ROOM.
BUT I'M NOT UNIQUE.
AND THE LAST THREE WEEKS I'VE
TALKED TO TWENTY WOMEN IN
SIMILAR SITUATIONS
THERE ARE MANY OF US STRUGGLING
WITH THE SAME FINANCIAL
CONCERNS.
THANK YOU SENATOR MODELING
FUNDING FOR.
OFFERING THIS BILL AND THANK THE
COMMITTEE FOR CONSIDERING IT.
THANK YOU VERY MUCH FOR YOUR
TESTIMONY YOU'RE NOT ALONE.
OKAY MADAM CHAIR.
MY SECOND WITNESS IS NOT ABLE
TO APPEAR FOR SECURITY REASONS I
HAVE A BRIEF STATEMENT IF I
MIGHT READ IF YOU COULD BRING A
BREAKTHROUGH WE DID I DID GIVE
YOUR WITNESS. I APPRECIATE
TESTIMONY FOR TWO PEOPLE BECAUSE
I NOTED THERE WAS. BECAUSE
YOU'RE WINNER BUT PLEASE IF YOU
WANT. A CONSTITUENT OF MINE WHO
BECAUSE OF ONGOING.
SECURITY CONCERNS
DOES NOT SIGNED HER NAME TO THE
STATEMENT. ON ADVICE OF COUNSEL.
DEAR COMMITTEE MEMBERS I'M
WRITING IN HOPES THAT YOU WILL
HELP VICTIMS OF DOMESTIC
VIOLENCE IN A WAY THAT WASN'T
AVAILABLE TO ME.
MY CASE IS COMPLETE AND I
CONSIDER MYSELF LUCKY.
HOWEVER EMBARKED ON THIS JOURNEY
TO WORK WITH SENATOR MINING.
CHANGE LEGISLATION SO THAT
OTHERS WOULD BE PROTECTED
PROVIDE FOR WHAT I DEEMED AN
UNETHICAL LOOPHOLE IN CALIFORNIA
FAMILY LAW. HAVE NOTHING TO
PERSONALLY GAIN AT THIS TIME BY
URGING THIS LEGISLATIVE CHANGE
I'M MINERALOGIST WHO TRAINED AT
ONE OF THOSE IVY LEAGUE IVORY
TOWER INSTITUTIONS.
I'M YOUNG I HAVEN'T HAD A GOOD
STATING INCOME. AHEAD A
RESPECTABLE EDUCATION IN A
KNOWLEDGE BASE ASSOCIATED WITH
IDENTIFYING ABUSE AND
PSYCHOPATHIC.
I EVEN WAS ON MY PSYCHIATRIC
ROTATION.
BUT THE NUMBER ONE PSYCHIATRIC
INSTITUTION IN THE COUNTRY WHEN
I MARRIED.
HOWEVER NONE OF THIS PROTECTED
ME. BY ENTERED INTO THE MARRIAGE
WITH NO WARNING SIGNS AND THE
ABUSE WAS INTRODUCED IN THE SLOW
CALCULATED WAY. THAT LED ME TO
BE BOTH FEARFUL AND FULL OF
GUILT AND SERVITUDE ALL AT THE
SAME TIME.
I'VE SINCE LEARNED THIS IS ALL
PART OF THE VICTIMIZATION CYCLE.
IN THE END HE NEARLY ENDED MY
LIFE LAYING IN WAIT WITH A SHOT
GUN UNDER MY BED AFTER A HEATED
STRANGLING INCIDENT.
I THOUGHT CALIFORNIA WAS A
PROGRESSIVE STATE UNTIL I WENT
THROUGH THIS EXPERIENCE I DO NOT
BELIEVE THE LAWS INTENDED TO
FINANCIALLY BENEFIT ABUSERS. BUT
I DO THINK THAT WERE WRITTEN AT
A TIME WHEN IT WAS ASSUMED ONLY
WOMEN COULD BE ABUSED AND ONLY
MAN COULD EARN INCOME.
THE REALITY IS ANYONE IS SUBJECT
TO ABUSE NO MATTER THEIR MEANS
STATUS OR GENDER.
I TRULY HOPE YOU PASS THIS BILL.
I'M AFRAID IF YOU DON'T IT SENDS
THE MESSAGE THAT IN CALIFORNIA.
IT LITERALLY PAYS TO BE AN
ABUSIVE SPOUSE.
THANK YOU FOR YOUR TIME.
SIGN TO JANE DOE AN ALIAS.
THANK YOU.
WITNESSES IN SUPPORT
GOOD AFTERNOON AGAIN YES JEFF
HARDY GEAR THAT'S WHY STICK
AROUND HE DIDN'T HAVE THE
ANALYSIS UP TO HER SO HE COULD
READ THIS FURTHER AND GET IN
THERE. BUT DISTANCE
INTERGENERATIONAL SO PLEASE
I SUPPORT THIS CHANGE. THANK YOU
VERY MUCH ANY OTHER WITNESSES IN
SUPPORT.
ANY WITNESSES IN OPPOSITION.
GOING TO COME COME FORWARD HILL
COME BEHIND YOU.
GOOD AFTERNOON.
ACTUALLY MADAM CHAIR MEMBERS OF
THE COMMITTEE.
MY NAME IS MICHELLE BROWN I'M A
CERTIFIED FAMILY LAWSPECIALIST
AND PRACTICING EXCLUSIVELY IN
FAMILY LIFE FOR OVER TWENTY
YEARS. ON LEGISLATIVE DIRECTOR
FOR THE ASSOCIATION OF CERTIFIED
FAMILY LAW SPECIALIST HER
COMPRISED OF OVER SIX HUNDRED
FORTY SIX HUNDRED EIGHTY FOUR
CERTIFIED SPECIALIST ACROSS THE
TO
THE STATE.
ON BEHALF OF AC FLS WE OPPOSE S.
B. ELEVEN TWENTY NINE
WHY DO WE OPPOSE S. B. ELEVEN
TWENTY NINE. MYSTIC VIOLENCE IS
IMPORTANT
AND A CFO LESS SUPPORTS MEASURES
TO HELP REDUCE AND ELIMINATE ANY
FORM OF DOMESTIC VIOLENCE ACROSS
THE STATE.
BUT THIS BILL DOES NOT
ACCOMPLISH THAT GOAL. AND I
GREATLY APPRECIATE THE SENATOR
WORKING WITH OUR ORGANIZATION
WITH THE COMMITTEE WITH THE
AMENDMENTS BUT EVEN WITH THE
AMENDMENTS IT DOESN'T ACCOMPLISH
THAT GOAL.
S. B. ELEVEN TWENTY NINE
ATTEMPTS TO RE INTRODUCE FALL
INTO A NO FAULT STATE IT'S ALSO
NOT NECESSARY AND EVEN WITH THE
AMENDMENTS COULD HAVE THE
ADVERSE EFFECT OF HURTING
VICTIMS.
AS STATED VERY WELL IN THE
ANALYSIS THERE ARE NUMEROUS
STATUTES THAT ALREADY ADDRESSED
OF THESE ISSUES.
FAMILY COULD SECTION FORTY THREE
TWENTY I AND M. STATE THAT IN
ORDERING SPOUSAL SUPPORT UNDER
THIS COURT PART. THE COURT SHALL
CONSIDER ANY DOCUMENTED EVIDENCE
OF DOMESTIC VIOLENCE.
IT ISN'T LIMITED TO A
CONVICTION.
UNDER THEM THE COURT.
SHALL CONSIDER A CRIMINAL
CONVICTION IN A REDUCTION OR
ELIMINATION OF SPOUSAL SUPPORT.
FORTY THREE TWENTY FIVE ALREADY
CREATES A REBUTTABLE PRESUMPTION
AGAINST THE AWARD OF SPOUSAL
SUPPORT. WE DID AN INFORMAL POLL
WITH ACF ALAS AND NOT ONE OF MY
COMMITTEE MEMBERS HAD ACTUALLY
EVER FOUND THAT THAT PRESUMPTION
HAD BEEN REBUTTED. WE LOOK AT
THE ATTORNEY FEES PROVISION
THERE ALREADY. SECTIONS THAT
DEAL WITH ATTORNEY FEES FAMILY
CODE SECTION SIXTY THREE FORTY
FOUR PARTY GRANTS THE COURT THE
ABILITY TO WHAT ATTORNEY FEES
AND DOMESTIC VIOLENCE
RESTRAINING ORDER ACTIONS.
FAMILY CODE SECTION TWENTY
THIRTY TWO REQUIRES THE COURT TO
CONSIDER THE FAMILY CODE SECTION
FORTY THREE TWENTY FACTORS THAT
DEAL WITH.
CONNECTIONS OR ANY TYPE OF
DOMESTIC VIOLENCE IT'S NOT
NEEDED THERE A COUPLE OF OTHER
GREAT CONCERNS THAT WE HAVE AS
WAS POINTED OUT IN THE ANALYSIS
OF SECTION THREE. WHAT FACTS FOR
THE OPERATIVE FACTS FOR THE DATE
OF APPLICATION FOR THIS BILL IT
WILL BECOME EFFECTIVE ONE ONE
NINETEEN? IS THE OPERATIVE DATE
THE DATE THAT DOMESTIC VIOLENCE
OCCURRED IS THAT THE DATE THAT
THE PETITION FOR DISSOLUTION WAS
FILED IS THAT THE DATE THAT
THERE IS A JUDGE IN OF
DISSOLUTION IS AT THE DATE OF A
CONVICTION. THIS IS A COMPLETELY
WIDE OPEN ISSUE THAT IS NOT
ADDRESSED AT ALL IN THE BILL.
WE ALSO SEE THAT. IN THE FORTY
THREE TWENTY FIVE THE AMENDMENTS
TO MAKE IT A REBUTTABLE
PRESUMPTION IN A DISK
MISDEMEANOR. YOU'RE GOING TO
ESCALATE THE NUMBER OF CRIMINAL.
TRIALS.
THERE IS NO PERSON WHO IS GOING
TO PUT IT OUT TO THE LESSER
OFFENSE AND A NOLO CONTENDER AND
DOMESTIC VIOLENCE YOU CAN'T OUR
PUBLIC DEFENDER IS GOING TO BE A
PRIZE THAT THEY MUST TELL EVERY
DEFENDANT. THAT THIS COULD STRIP
THEM OF ALL OF THEIR COMMUNITY
PROPERTY PENSION RIGHTS.
ATTORNEY FEES AND SPOUSAL
SUPPORT AND YOU'RE GOING TO BE
HAVING VICTIMS REQUIRED TO
TESTIFY IN CRIMINAL ACTIONS AS
WELL AS FAMILY LAW ACTIONS.
WHERE IS NOW THE ALLEGED ABUSERS
ARE PLEADING OUT THEY WON'T
THANK YOU MADAM SENATE MEMBERS
WHO SHE HAD MADAM CHAIR MEMBERS
OF THE COMMITTEE THANK YOU OTHER
WITNESSES IN OPPOSITION?
HE WILL BRING IT BACK TO THE
DYESS.
.
SO I AM.
OH I'M SORRY TWEENER SO I
USUALLY ASK FOR THE TWEETERS AND
I FORGOT TO THIS TIME AND ALL
RIGHT BOMB FOR THE JUDICIAL
COUNCIL F CALIFORNIA WE DO HAVE
CONCERNS ABOUT THE BILL WE HAVE
BEEN WORKING WITH THE AUTHORS
OFFICE WE HOPE THAT WE CAN
OVERCOME SOME OF THOSE.
CONCERNS.
VERY GOOD THANK YOU.
LEXIE HOWARD ON BEHALF OF THE
CALIFORNIA JUDGES ASSOCIATION
SIMILAR KHANDAN CONCERNS WE
APPRECIATE THE WORK OF YOUR
COMMITTEE STAFF
AS WELL AS THE AUTHORS OFFICE.
CONCERN TO ABOUT ANY TIME THAT
WE IMPACT JUDICIAL DISCRETION WE
REALLY WANT FOR JUDGES TO BE
ABLE TO LOOK AT THE FACTS AND
CIRCUMSTANCES OF EACH CASE. VERY
RESPECTFUL OF THE VICTIM AND THE
VICTIMS ADVOCATES HERE AND
APPRECIATE YOU BEING HERE AND
TELLING YOUR STORY THANK YOU
THANK YOU VERY MUCH. SO.
BEFORE GO TO THE OTHER MEMBERS
THIS IS AN AREA I'VE BEEN VERY
INTERESTED IN FOR THE LAST FORTY
YEARS.
AND I AM REALLY DISTRESSED THAT
WE'RE SEEING THE BEST OF
VIOLENCE ON THE INCREASE NOT ON
THE DECREASE. AND COMING FORWARD
AS I MENTIONED EARLIER NOT ALONE
I'VE HEARD HUNDREDS OF STORIES.
AS SOMEONE WHO PRACTICED FAMILY
LAW FOR QUITE SOME TIME SADLY.
I COMMEND YOU FOR YOUR
WILLINGNESS TO STAY UNIFIED IT'S
A VERY DIFFICULT AREA OF LAW.
BUT TO I DO UNDERSTAND THAT TO
AND I'VE TALKED WITH THE CENTER
MONNING ABOUT THIS BILL FOR A.
FEW YEARS.
A GIVEN THE. IMPORTANCE OF
DEALING WITH DOMESTIC VIOLENCE
ISSUES AND ALSO THE FACT THAT WE
DON'T WANT TO QUOTE REINTRODUCE
FAULT INTO DIVORCE BUT. WE DO
HAVE SITUATIONS AND I DO BELIEVE
THIS BILL.
DOES ADDRESS THE NOTION THAT WE
ARE THAT THERE WILL BE A
CONCLUSIVE PRESUMPTION ONLY
WHERE THERE'S A FELONY
CONVICTION.
SO WE'RE NOT TALKING ABOUT
ALLEGATIONS THAT HAVEN'T BEEN
PROVEN. UP BEYOND A REASONABLE
DOUBT WHICH IS AT THE HIGHEST
STANDARD WE HAVE.
THERE CONTINUES TO BE A
REBUTTABLE PRESUMPTION IN NON
FELONY CONVICTIONS SO THAT THE
COURT DOES HAVE THAT DISCRETION
AND. GOOD ATTORNEYS LIKE
YOURSELF CAN ARGUE I'M SURE VERY
PERSUASIVELY.
AS TO WHY WHY NOT THAT SHOULD
BE OF THE CASE.
.
SO I THINK.
.
WHILE I APPRECIATE THE CONCERNS
I DON'T NECESSARILY SHARE THEM
BUT.
.
SHE'S ME JUST A SECOND CAREER
PAUL CHEESE.
.
A I WOULD LIKE THE SENATOR TO
RESPOND TO THOSE CONCERNS
BECAUSE I'M SURE THAT THEY HAVE
BEEN DISCUSSED. ARE BUT I DO
THINK THAT THIS IS AN AREA WE I
THINK WE DISCUSSING ATTEMPTED
MURDER.
THESE.
RESTRICTIONS AND AND.
A EQUITIES ARE.
CREATED BECAUSE IF A SPOUSE
TRIES TO.
COMMITMENT HER. THEY DON'T GET
ANY OF THE.
THE BENEFITS OF A OF FOR A
COMMUNITY PROPERTY SHARING I
BELIEVE IN SPOUSA SUPPORT THIS
WAS INITIALLY THINK THAT WAS
BROUGHT TO US ABOUT A DECADE OR.
TAKING HALF NORTH WAS GLORIA
ROMERO WAS THE FIRST ONE TO DO
DON'T ASK ME WHY I REMEMBER THAT
I CAN REMEMBER WHAT HAPPENED
YESTERDAY BUT.
BUT IT IS.
THIS IS A REALLY SERIOUS
PROBLEM AND TO BE FORCED TO HAVE
TO SHARE ASSETS WAS SOMEONE
THAT.
HAS A.
TRIED TO KILL YOU. CAN'T DO
THAT NOW WE'VE GOT THE
PROTECTIONS ARE DOMESTIC
VIOLENCE SITUATIONS CAN BE IS
INSIDIOUS AND AGAIN IT DOES
REQUIRE THAT THERE BE A
CONVICTION.
AND I THINK THAT IS THE
PROTECTION SO IF YOU WOULD LIKE
TO RESPOND TO THAT SENATOR
USEFUL AGAIN THANK YOU MADAM
CHAIR AND I WANT TO THANK YOU
AND YOUR COMMITTEE FOR THE WORK.
ON. THE AMENDMENTS WHICH I'M
ACCEPTING DO CREATE A BIFURCATED
SYSTEM AND AS YOU POINTED OUT.
OF THE. THE MANDATORY FORFEITURE
OF THOSE ASSETS WOULD BE BASED
ON A FELONY CONVICTION.
FOR DOMESTIC VIOLENCE AND I
THINK IT WAS PRO TEM ATKINS WHO
ACTUALLY CARRIED THE LEGISLATION
THE MOST RECENT LEGISLATION.
THAT RESULTS IN THAT BEING THE
LAW FOR ATTEMPTED MURDER OR
SEXUAL.
SALT.
BUT FOR OTHER FELONIES BEATING
STRANGLING.
THAT PROTECTION IS NOT AFFORDED
SO.
WHAT WE'VE CRAFTED HERE WITH
YOUR SUPPORT?
HAS BEEN WITH A FELONY
CONVICTION WHERE THE. ALLEGED
ABUSER IS AFFORDED FULL DUE
PROCESS OF LAW THE HIGHEST
STANDARD WITH A CRIMINAL.
ALLEGATION AND THE ABSOLUTE
RIGHT TO A DEFENSE THE RIGHT FOR
THE STATE TO PROVIDE A DEFENSE
ATTORNEY IF HE OR SHE CANNOT
AFFORD IT.
WHEN WE GOT INTO THE NEXT TIER
OF MISDEMEANOR.
CHARGES DICK COURT DOES RETAIN.
DISCRETION. OF WE CREATE A
REBUTTABLE PRESUMPTION BUT THAT
MEANS JUST THAT AN ACCUSED
ABUSER AGAIN WITH THE
PROTECTIONS OF DUE PROCESS IN A
CRIMINAL PROCEEDING.
HAS THE RIGHT TO REPRESENTATION
THE RIGHT TO PRESENT HIS OR HER
DEFENSE.
AND THE JUDGE CAN WEIGH ALL THE
FACTORS IN FASHIONING.
HIS OR HER DECISION ABOUT THE
CRIMINAL CULPABILITY.
OF THAT ACCUSED ABUSER.
.
WE ARE COMMITTED TO CANYON TO
WORK ON THIS I HAVE GREAT
RESPECT I HAVE WHEN I FIRST WAS
APPROACHED BY MY CONSTITUENT THE
ONE WHO'S NOT WITH THIS.
TODAY.
I REACHED OUT TO COLLEAGUES I
KNOW WHO WERE HIGHLY RESPECTED
IN FAMILY LAW AND WE GRAPPLED
WITH THIS AND. THE IMPASSE IS
THOSE WHO FEAR.
.
THE PREDICTABILITY OF A NO FAULT
SYSTEM IGHT NOW BUT IF YOU WANT
TO MAINTAIN THE STATUS QUO
THAT'S NOT WHY WE'RE HERE TODAY
THE STATUS QUO.
WILL ALLOW AN ABUSER.
TO CONTINUE TO SHARE IN SPOUSAL
SUPPORT. OR IN A PENSION.
PROCEEDS IS COMMUNITY PROPERTY
THAT'S THE STATUS QUO THIS BILL
SAYS SOMEBODY CONVICTED.
OF.
DOMESTIC VIOLENCE.
SHOULD NOT HAVE A RIGHT IN THE
VICTIM SHOULD NOT BE REQUIRED TO
PAY FOR THEIR LEGAL
REPRESENTATION. ARE I THINK I'LL
USE THAT FOR MY CLOTHES IF
THERE'S OTHER QUESTIONS I'M I'M
GLAD TO RESPOND.
FEDERAL ACCOUNTS CAN.
I DID HAVE A QUESTION ON THE THE
HUNDRED PERCENT OF COMMUNITY
PROPERTY INTERESTS BECAUSE YOU
CAN SEE YOU YOU TAKE AWAY ALL
THE DISCRETION OF THE JUDGES YOU
COULD HAVE. A COUPLE THAT WOULD
HAPPY GO LUCKY NO PROBLEMS WITH
DOMESTIC VIOLENCE FOR TWENTY
YEARS PERSON BOTH OF THEM WORK
BOTH OF THEM BURNT THEIR PENSION
OR THEIR THEIR RETIREMENT I MEAN
THE OTHER PENSION. AND THEY GO
ON TO A DIFFERENT WORKLIFE INTO
THAT AND THEN MAYBE THERE'S
DOMESTIC VIOLENCE AND YOU HAVE A
CONVICTION.
THE JUDGE THEM TO OUR NO FAULT.
THEORIES USUALLY YOU LOOK AT
THOSE DIFFERENT TIME PERIODS AND
YOU SAY THERE WAS NO DOMESTIC
VIOLENCE ALLEGATION DURING THAT
TIME THAT ASSET RIPENED DUE TO
THE ESTATE FOR THE BENEFIT OF
THE COMMUNITY BUT THIS.
PRICE THE JUDGE'S HANDS AT THIS
IT DOESN'T ALLOW FOR EVEN FORTY
NINE YEARS OF NONVIOLENCE ONE
YEAR AND LET'S SAY IT'S FOR ALL
THE CONVICTION YOU SAY I'M GONNA
CLAWBACK ALL THOSE.
NORMALLY CALIFORNIA.
DETERMINE. WHAT THE SCREENING
PROPERTY ASSETS IN THAT THE
COULD B MAN WOMAN WOMAN MAN
GREAT THANK YOU? SO YOU'RE
ABSOLUTELY RIGHT TO APPOINT.
THAT ONLY APPLIES WITH A FELONY
CONVICTION FOR DOMESTIC
VIOLENCE.
THIS BILL SAYS THE POLICY OF THE
STATE OF CALIFORNIA YOU COMMIT A
FELONY CONVICTION.
OF DOMESTIC VIOLENCE YOU'RE
GONNA FORFEIT. THOSE ASSETS NO
MATTER HOW MANY YEARS THEY WERE
BUILT UP OVER WE'VE SET THAT
STANDARD IT IS THE LAW OF
CALIFORNIA. IF YOU'RE THE VICTIM
OF SEXUAL ASSAULT OR ATTEMPTED
MURDER.
WHAT I SAY IS IF YOU'RE? FOUND
GUILTY OF FELONY DO THINK MY
EYELIDS WE SHOULD JOIN THAT
CATEGORY OF PEOPLE WHO ALREADY
TODAY FOR FIT THOSE ASSETS.
RIGHT OF WITH THAT THAT SOUNDS
LIKE A GOOD CLOTHES AND.
ABOUT THANK YOU FOR BEING HERE
YOU RAISE SOME GOOD QUESTIONS
I'M SURE CENTER MONEY WILL
CONTINUE TO WORK WITH YOU ON
THIS. WHAT GETS ME AGAIN THE
FELONY CONVICTION?
AND THAT'S A PRETTY HIGH
STANDARD WHEN IT COMES TO IT WE
KNOW THAT AND THAT THAT. USUALLY
TRY OR ALMOST ALWAYS TRANSLATES
INTO SOME VERY SERIOUS CONDUCT
AND I THINK I DID JUST CLOSE BUT
IF I COULD JUST ADD ONE FINAL
CUT LAST COMMENT ONE COMMENT TO
THAT THOUGHT.
.
THAT.
THE STANDARD OF THE FELONY
CONVICTION.
IT IS OUR HOPE AND THE
MISDEMEANOR POSSIBLE FORFEITURE
OF ASSETS.
I HOPE IT'S NOT ONLY A TOOL THAT
PROTECTS THE VICTIMS OF ABUSE
BUT WILL SERVE AS A DETERRENT.
FOR PEOPLE WHO MIGHT THINK TWICE
BEFORE THROWING THEIR WEIGHT
AGAINST TOM.
A SPOUSE.
ALRIGHT WITH THAT.
DO WE HAVE A MOTION.
THEY HAVE A MOTION. OUR MOTION
BY CENTRE Y. KOWSKI. THE MOTION
IS TO PASS AS AMENDED TO THE
SENATE FLOOR PLEASE CALL THE
ROLL. JACKSON AYE JACKSON AYE
MORLOCK.
ANDERSON.
ANDERSON NO HERTZBERG. MINING.
MONNING AYE STERN WIECKOWSKI.
RIGHT IT HAS TO TWO VOTES WILL
LEAVE THE ROLE OF AND THANK YOU
VERY MUCH TO. BOTH OF YOU FOR
YOUR TESTIMONY MUCH APPRECIATED.
ALRIGHT WOULD NOW GO TO SENATOR
PAN WHO.
HAS GRACIOUSLY. A AGREED TO. LET
SENATOR MORNING PROCEED FIRST.
THIS IS FILE ITEM FOURTEEN S. B.
FOURTEEN TWENTY FOUR GOOD
AFTERNOON SENATOR THANK YOU GOOD
AFTERNOON MADAM CHAIR SENATORS.
FIRST ABOUT TO. START OUT BY
THANKING THE CHAIR AND COMMITTEE
STAFFORD AMOUNT OF TIME THEY
WORE.
WORKED SPENT WORKING WITH ME IN
MY OFFICE ON THE SPILL. OF THIS
IS A FAIRLY COMPLEX ISSUE WHERE.
FRANKLY WE HAVEN'T EVEN BEEN
ABLE TO COME TO AN END. BY. THE
LEGAL DEFINITION OF SOCIAL
MEDIA.
WHICH EVERYONE COULD GET AROUND
TO MAKE IT TO TO TO NARROWLY
FOCUS.
THAT.
THIS APPROACH AND BUT I'M
PLEASED TO SAY I'M TAKING
COMMITTEE PROPOSED TO ME
AMENDMENTS WHICH WOULD THEN
CONVENE A WORKING GROUP OF
STAKEHOLDERS AND EXPERTS TO
STUDY MAKE RECOMMENDATIONS
REGARDING MODEL STRATEGIC PLANS
AND POSSIBLE LEGISLATION.
DESIGNED TO MITIGATE THE
PROMOTION OF FALSE INFORMATION.
THROUGH SOCIAL MEDIA.
I INTRODUCED S. B. FOURTEEN
TWENTY FOUR BECAUSE WE HAVE A
CLEAR PROBLEM WHEN IT COMES TO
THE SPREAD OF. FALSE INFORMATION
ON SOCIAL MEDIA. IT YOU KNOW IN
ADDITION TO THE.
CONSPIRACY THEORIES ABOUT BIRTH
THERE IS.
AND HOW ACOSTA NOW WE SEE ON
SOCIAL MEDIA WE ALSO SEE. A
PROMOTION OF THE MYTHS THAT
VACCINES CAUSE AUTISM WHICH IS
ACTUALLY CAUSING ACTUAL HARM
WHEN PEOPLE ARE DO CHILDREN.
VACCINATED WE HAVE MULTIPLE
MEASLES OUTBREAKS I THINK JUST
TO DATE JUST YESTERDAY TWO OR
THREE. HIZO OPERATE EL MEASLES
OUTBREAK STORIES IN THE NEWS IN
DIFFERENT PARTS OF THE COUNTRY.
WE HAVE FAMILY MEMBERS OF THE
VICTIMS OF NINE ELEVEN OF SANDY
HOOK INTO PARKLAND TO ACTUALLY
BEING BULLIED INTIMIDATED ON
SOCIAL MEDIA BY PEOPLE WHO DENY
THESE EVENTS EVER HAPPENED.
YEAH WHICH WE KNOW IS UNTRUE.
WE HAD PIZZA GATE WHERE WE
ACTUALLY HAD A MAN SHOW UP AT A
PIZZA PARLOR WITH A.
WEAPON.
SEEKING TO UNCOVER THE. THE
CONSPIRACY THEORY AND AND. WE
THINK ABOUT DURING ELECTION YOU
ACTUALLY HAD.
RUSSIANS WHO ACTUALLY INCITED A.
EXCEED TWO COMPETING RALLIES
AND USE THAT AT OPPOSITE SIDES
BY SPREADING MISINFORMATION AND
THEN JOINING PEOPLE UP SO THAT
SHE SHOWED UP AT COMPETING
RALLIES EXCEED. THAT ENGINEERED
BY YOU KNOW THE SAME ACTORS AND
SOAKED SO CLEARLY THIS IS A
PROBLEM.
AND IN MARCH TWENTY EIGHTEEN
SCIENCE MAGAZINE REPORTED THAT
WHEN THEY INVESTIGATE SO THE
PEOPLE THAT STARTING THIS ISSUE
INVESTED THE DIFFERENTIAL
DIFFUSION OF ALL THE VERIFY TRUE
AND FALSE NEWS STORIES
DISTRIBUTE ON TWITTER BETWEEN
TWO THOUSAND SIX AND TWENTY
SEVENTEEN. THEY FOUND THAT
FALSEHOODS
IF YOU SIGNIFICANTLY FARTHER
FASTER DEEPER AND MORE BROADLY
THAN TRUTH IN ALL CATEGORIES
INFORMATION FACT TWICE AS FAR.
AS AS VERIFIABLY TRUE
INFORMATION.
NOW SINCE SOCIAL MEDIA WEBSITES
ARE PLATFORMS WHICH FALSE
INFORMATION SPREADS IS REALLY
IMPORTANT TO KNOW THAT A FOR US
TO UNDERSTAND HOW THIS IS
HAPPENING.
I SEVERAL COMPANIES OF READY.
.
WE ARE COMING UP WITH PLANS TO
MITIGATE.
THE PROMOTION OF FALSE
INFORMATION WE'VE SEEN. THAT CEO
OF FACEBOOK MARK ZUCKERBERG
SPEAK BEFORE CONGRESS ABOUT THIS
ALSO OTHER SOCIAL MEDIA
COMPANIES AS WELL. BUT THE
PUBLIC REALLY NEEDS TO KNOW WHAT
THOSE PLANS ARE AND IF THEY ARE
WORKING AND TO ENSURE THAT WE AS
THE AS LEGISLATORS. ARE ENSURING
THAT WE'RE PROTECTING THE PUBLIC
SO BY ASKING SOCIAL MEDIA.
PLATFORMS LESS KNOW IF THEY HAVE
A PLAN WHAT THOSE PLANS ARE WE
CAN BETTER UNDERSTAND HOW WE CAN
MITIGATE THE RESULTING HARMS.
SO CONVENE A WORK GROUP TO STUDY
STRATEGIC PLAN MILES BE THE
FIRST STEP IN WORKING TO SLOW
THE SPREAD. OF FALSE INFORMATION
LEADS TO THE VISION I CERTAINLY
HOPE IN THE FUTURE WILL BETTER
BE ABLE TO PROTECT THE PUBLIC.
IN OUR DEMOCRACY FROM THE HARM
THAT'S CAUSED BY THE SUMMITS BY
MISINFORMATION CONSPIRACY
THEORIES WITHOUT RESPECTFULLY
ASK FOR AND I. THINK YOU CENTER.
APPRECIATE THAT ANY WITNESSES IN
SUPPORT
.
I HOPE THIS IS THE LAST MOMENT.
JEFF
IT AND UNINTENTIONAL
CONSEQUENCES COULD WHO THE
PROBLEM THAT'S GOING TO BE WITH
THIS. BUDGET
I SUPPORT AND WE NEED TO SEE
THIS BECAUSE IT IS BECOMING. AN
ENORMOUS PROBLEM.
THANK YOU THANK YOU VERY MUCH
FURTHER WITNESSES IN OPPOSITION
TO THE BILL.
GOOD AFTERNOON SERIBU WITH THE
CALIFORNIA CHAMBER OF COMMERCE.
.
WITH THE AMENDMENTS TAKEN TODAY
WE WERE REMOVE OUR OPPOSITION
AND JUST WANNA SAY THANK YOU TO
DR PAN FOR LISTENING TO OUR
CONCERNS IN THANK YOU TO THE
COMMITTEE FOR ALL THE WORK THAT
YOU DID ON THE SPELL. THINKING
THANK YOU.
MADAM CHAIR MEMBERS OF THE
COMMITTEE JIM E. WERE WITH A
CALIFORNIA NEWS PUBLISHERS
ASSOCIATION ALSO WITH THE
AMENDMENTS WE ARE REMOVING OUR
OPPOSITION WANT TO THANK DOCTOR
PAN IN HIS STAFF.
YOUR STAFF FOR ALL THE HARD WORK
THEY'VE PUT ON THIS PUMP WE WE
ARE CONCERNED STILL THAT THE
DEFINITION OF SOCIAL MEDIA
WEBSITE IS GOING TO BE VERY
BROAD AND WOULD LIKE TO SEE THAT
NARROWED. WOULD LOOK FORWARD TO
WORKING WITH YOU AND HOPEFULLY.
I'LL BE REPRESENTED ON THE ON
THE STUDY GROUP IT'S A CAUSE FOR
THANKS THANK YOU.
I'M SURE MEMBERS OF THE
COMMITTEE CREEK WAS ABOUT FIVE
POLICY COALITION WE ALSO
APPRECIATE THE SENATOR FOR THE
AMENDMENTS.
AND.
ONCE WE HAVE A CHANCE TO REVIEW
THEM I THINK WE ARE ARE.
GOALS AND.
WE WILL RECONSIDER OUR POSITION
AS WELL.
WELL IT'S IT'S UP A WORKING
GROUP AND I HOPE ALL OF THOSE
WHO VIEW WHO ARE IN SPORT AND
HAVE CONCERNS WILL SIT DOWN AT
THE TABLE WE'VE GOT TO FIGURE
OUT SOMETHING HERE AND. I THANK
YOU DOCTOR PAN FOR DOING THAT
NOW DID I ASK FOR OPPOSITION AND
IT WAS JUST A STRONG NEW TAP THE
NEUTRALITY. PARK BRING IT BACK
TO THE DYESS ANYBODY.
SENATOR MORLOCK.
MEDICARE I'M JUST CURIOUS.
ABOUT TWO ITEMS THE FIRST HIS
WHY THE ATTORNEY GENERAL WHY NOT
THE LEGISLATURE.
WELL I THINK ACTUALLY.
THERE ARE AS IMPORTANT TO LEGAL
ISSUES.
TO BE SORT OUT YOU JUST HEARD
FROM THE OPPOSITION IN MY
TESTIMONY WE STILL NEED TO BE
ABLE TO COME UP WITH A. GOOD
LEGAL DEFINITION OF A SOCIAL
MEDIA THAT ACTUALLY IS NARROW
ENOUGH TO BE SURE THAT WE'RE
TALKING OUR EFFORTS IN THE RIGHT
WAY. ALSO WE WANT TO ENSURE THAT
IT'S VERY IMPORTANT WE PROTECT
US THE FIRST AMENDMENT
PROTECTIONS AND SO HAVING.
THE ATTORNEY GENERAL.
BE ABLE TO CONVENE THIS ANSWERS
THAT WE PROTECT WHAT BE SURE WE
PROTECT THE RIGHTS OF ALL
AMERICANS AND CALIFORNIANS OUT
WHILE WE DO THIS AND.
BEGOTTEN TO REALLY ABOUT HARM
MITIGATION AND I THINK THAT
HAVING THE LEGAL LEGAL
LEADERSHIP OF THE ATTORNEY
GENERAL WOULD BE. AT THE
APPROPRIATE.
SO WILL.
SOME OF YOUR PRIOR OPPONENTS
NOW NEUTRAL WOULD THEY BE ASKED
TO SERVE ON THIS COMMITTEE.
I THINK IF THEY EXPRESS
INTEREST.
I THINK THAT WOULD BE A GOOD
IDEA.
OKAY.
THANK YOU MADAM CHAIR.
BUT.
.
SEEING NO FURTHER QUESTIONS OR
COMMENTS FOR THE MOTION BY
SENATOR WIECKOWSKI M.. CENTER
WHICH I LIKE A FIASCO AND I
DON'T THINK ALL RIGHT. THERE IS
A MOTION TO PASS AS AMENDED TO
THE SENATE FLOOR I WANT TO THANK
YOU FOR TAKING THOSE MOMENTS
THIS WAS CLEARLY. AS WE TRY TO
WORK THROUGH THIS BILL. IT WAS
CLEARLY A MORASS
BY WE HAVE THE FIRST AMENDMENT
WE HAVE TO PROTECT WE GOTTA
FIGURE OUT. OF HOW WE GO ABOUT
ADDRESSING A WHAT WE ARE I THINK
ALL AGREE HAVE BEEN. FALSE OF.
YOU KNOW.
FALSE NEWS FOR HOWEVER YOU WANT
TO CALL IT ON EVERY SIDE WE'VE
GOT TO WE'VE GOT TO FIGURE THIS
ONE OUT AND I THINK AT THIS A
GOOD FOR STEPS WITH THAT.
THERE'S A MOTION TO PASS AS
AMENDMENT TO THE SENATE FOR
PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE MORE
LOCK.
ANDERSON. ANDERSON NO HERTZBERG
MONNING. MONNING AYE STERN.
WIECKOWSKI WIECKOWSKI AYE PART
THAT HIS THREE VOTES THREE TO
ONE WE WILL HOLD THE ROLE OF TWO
THANK YOU SO MUCH SENATOR PAN.
PART LET'S.
IS CENTER HERTZBERG IS NOT HERE
BUT WHAT I'D LIKE TO DO IS GO IN
FILE ORDER.
SO IF SOMEONE WOULD CALL SENATOR
FRITZ BERGEN AYE INVITE HIM BACK
AND THERE WAS START WITH SENATOR
WHY CAO SKI FILE ITEM THREE.
MEDIATION CONFIDENTIALITY
DISCLOSURE.
THANK YOU AGAIN MADAM CHAIR AND
MEMBERS I WANT TO START BY
THANKING THE COMMITTEE FOR THEIR
WORK ON THIS BILL AND I AM
ACCEPTING THE AMENDMENTS IS
DETAILED IN THE.
RATHER SHORT NOW SAYS.
THIS BILL WILL REQUIRE AN
ATTORNEY REPRESENTING CLIENTS.
TO PROVIDE HER WITH A WRITTEN
DISCLOSURE ON THE
CONFIDENTIALITY RESTRICTIONS IN
MEDIATION AND TIPPED IN THE
SIGNED ACKNOWLEDGMENT THAT THE
CLIENT HAS WRITTEN UDERSTANDS
THOSE RESTRICTIONS.
CONFIDENTIALITY.
IT IS AND REMAINS AN IMPORTANT
ASPECT OF MEDIATION IN ASSURING
PARTICIPANTS AT THEY CAN ABOUT
BE ENTIRELY CANDID HOWEVER THE
BENEFITS OF ABSOLUTE
CONFIDENTIALITY CAN ALSO. COME
WITH HARSH CONSEQUENCES
FOR-CLIENTS SEEKING TO SUE HER
ATTORNEY.
FOR MALPRACTICE CONCERNS HAVE
BEEN RAISED MOST NOTABLY IN THE
DISSENTING OPINION IN THE CASTLE
A CASES GOOD AND CONTAINED IN
THE ANALYSIS THAT ARE STATES
ABSOLUTE CONFIDENTIALITY
CONFIDENTIALITY BARS MEDIATION
CONSUMERS. WHO MAY HAVE BEEN
WRONGED BY THEIR ATTORNEY FROM
PURSUING A MALPRACTICE ACTION
THIS BILL S. B. NINE FIVE FOUR
DOES NOT CHANGE THE CURRENT
MEDIATION CONFIDENTIALLY?
CONFIDENTIALITY STATUTES. BUT
WILL PROVIDE MEDIATION CONSUMERS
WITH BETTER UNDERSTANDING OF THE
CONFIDENTIALITY AND ALLOWS THEM
TO MAKE INFORMED DECISIONS ABOUT
PARTICIPATING IN A MEDIATION AND
WITH ME. IS.
LARRY DON'T.
GOOD AFTERNOON SIR.
BUT AFTERNOON. ALERT GO ON
BEHALF OF THE CONFISCATED
FOURTEEN VOTERS SITUATIONS.
.
IN TWO THOUSAND TWELVE FOLLOWING
THE COUNCIL DECISION.
STATE BOARD UP TO DO RESOLUTE
HER THE CONFERENCE
ADOPTED A RESOLUTION CALLING FOR
CHANGES IN THE MEDIATION
CONFIDENTIALITY STATUTES.
THAT TO A RESOLUTION OR VILLAGES
COULD RISE TO LEGISLATION WHICH
GAVE RISE IN TURN TO A FIVE
YEAR.
STUDY BY THE CALIFORNIA LAW
REVISION COMMISSION
WHICH HAS RECENTLY PRODUCED A.
RECOMMENDATION FOR CHANGES IN
THE MEDIATION CONFIDENTIALITY.
STATUTE THIS HAS BEEN
CONTROVERSIAL ALL THE WAY ALONG
IN A WOULD IT WILL CONTINUE TO
BE SO. IF.
IN WOMEN THAT.
RECOMMENDATION OF THE LAW
REVISION COMMISSION NEVER MAKES
ITS WAY BEFORE THE LEGISLATURE.
IN THE MEANTIME HOWEVER THERE IS
IT SEEMS TO BE A CONSENSUS THAT.
WE HAVE A THERE IS AN ISSUE HERE
AT LEAST.
.
THAT.
YOU WELL CONFIDENTIALITY IS A
GREAT THING IN MEDIATION IT IS
ALSO SOMETHING THAT. HAS DANGERS
AND IF NOTHING ELSE IS DONE WE
DEFINITELY WANT TO BE SURE THAT
MEDIATION.
CLIENTS
I UNDERSTAND THAT THE POTENTIAL
RISKS THAT THEY RUN ORGAN SO IF
THEY'VE GOT A QUESTIONS ABOUT.
WHO LOVE THEIR ATTORNEY?
THERE MAY BE SOMETHING MAYBE
THEY OUGHT TO TAKE SOME KIND OF
ACTION THERE.
AND SO IT'S VERY NICE TO BE ABLE
TO.
WORK WITH SENATOR WIECKOWSKI ON
THIS AND WITH A LOT OF THE FOLKS
WHO HAVE BEEN ON THE OPPOSITE
SIDE IN THE DISCUSSIONS WITH A.
LOT OF FISHING COMMISSION.
BECAUSE IT SEEMS TO BE
CONSENSUS THAT IT. PUBLIC
KNOWLEDGE IS GOOD THAT THE
MEDIATION.
WHO CONSUMERS SHOULD KNOW WHAT
THEY'RE GETTING INTO AND WITHOUT
I ASK FOR THE COMMITTEE SUPPORT?
THANK YOU VERY MUCH OTHER
WITNESSES IN SUPPORT.
THANKS JOHN RUNOFF AND I BELIEVE
I WAS GOING TO BE CROSS SO
PEOPLE PLEASE TAKE A SEAT.
HIS ONE MY WITNESS.
GOOD AFTERNOON THANK YOU I'M
HERE ON BEHALF OF CALIFORNIANS
WHO RESOLUTION COUNCIL.
IT'S AN ORGANIZATION THAT WAS
CREATED THIRTY FIVE YEARS AGO.
TO BE THE VOICE OF EIGHTY ARE
NEUTRALS IN.
A SACRAMENTO BUT. IN ADDITION TO
BEING THE VOICE THE NEUTRALS
IT'S ALSO OUR GOAL TO SEE THAT.
ALL EIGHTY OUR PROCESSES ARE
FAIR TWELVE PARK PARTICIPANTS.
NOT INTERESTING THE ORIGIN OF
THE.
LAWLER VISION COMMISSION STUDY.
REALLY WAS TWO CASES.
THE CASSELL CASE AND ALSO THE
COMPANION CASE.
OF OF PORTER AND. THE ISSUE
THERE WAS THAT THE PARTICIPANTS
DID NOT UNDERSTAND. AND DID NOT
KNOW THAT IF THEY HAVE A CLAIM
AGAINST THEIR ATTORNEY.
SUBSEQUENTLY MEDIATION. THEY
COULD NOT USE ANY COMMUNICATION
THAT OCCURRED IN THE MEDIATION.
TO SUPPORT THEIR CLAIMS.
AND IN THE FIVE YEARS OF.
MEETINGS OF THE OUR VISION
COMMISSION THE WHICH I ATTENDED.
MOST ALL OF THEM.
CLIMATE TIME AGAIN THIS ISSUE
WAS RAISED.
AND I. CAN SAY I CANNOT RECALL.
ANYONE WHO SAID THEY WERE
OPPOSED TO. THE CONCEPT OF
INFORMED CONSENT. AND MAKING
SURE THE PEOPLE WHO PARTICIPATED
IN MEDIATION NEW OF THIS
RESTRICTION.
SO.
SENATE BILL FIVE FIFTY FOUR
MEETS THAT CONCERN.
AND SENIOR SEE. A STRONGLY
SUPPORTS IT.
THERE ARE A COUPLE OF CHANGES
SWITCHER.
THE AUTHOR HAS RICK HAS
RECOGNIZED AND ARE REFLECTED IN
THE.
A STAFF ANALYSIS
AND BY THE WAY I THINK THAT
STAFF ANALYSIS WAS CREATED BY.
CHRISTIAN CURB RZEWSKI WAS A
THOUGHTFUL AND WELL WRITTEN AND
I COMMEND HIM FOR IT. PLEASE
DON'T GIVE THEM TOO MUCH PRAISE
BECAUSE HE'LL BE SEEKING A RAISE
IF YOU DO WE HAVE TO KEEP THOSE
WAGES LICENSE SUPPRESSED SO.
BUT BUT I'M SURE HE APPRECIATES
IT I WON'T TELL HIM THAT I
THOUGHT HIS.
STAFF STUDY WAS EXCELLENT SO.
ANYWAY THERE ARE A COUPLE OF
THINGS IS STILL NEEDS TO BE
ADDRESSED TIMING WHAT WHEN IS
THIS WRITTEN ACKNOWLEDGEMENT
GIVEN. AND AND OUR POSITION AND
I THINK IT'S AGREED TO IS THAT
IT NEEDS TO BE AN APPROPRIATE
TIME AND IT NEEDS TO BE AT THE
TIME. BEFORE PARTICIPANT AGREES
TO PARTICIPATE IN MEDIATION.
IN THIS SECOND POINT BECAUSE YOU
FOR ANOTHER MULTI HOUSE YEAH
SECOND PART IS HE NEEDS TO BE A
SEPARATE STATEMENT. NOT PART OF
A MULTI PAGE A. RETAINER
AGREEMENT MAY BE DONE A YEAR
BEFORE MEDIATION EVER BECOMES A
TOPIC.
AND LASTLY THE NEEDS TO BE SOME
WORDING A SAFE HARBOR A CLEAR
SIMPLE CONCISE STATEMENT. OF
WHAT NOT ONLY THE THREE SUBPARTS
OF ELEVEN NINETEEN ARE BUT WHAT
THE CONSEQUENCES IS IN THE
CONTEXT OF A MALPRACTICE
SITUATION.
VERY GOOD THANK YOU MUCH
APPRECIATED THANK YOU ANY OTHER
WITNESSES IN SUPPORT.
BRIAN KELLY A MY AFFILIATION IS
THAT I'M A MEDIATOR WHO SERVED
AS THE LEAD EXPERT IN DRAFTING
THE EVIDENCE CODE CHAPTER THE
PROVIDES MEDIATION
CONFIDENTIALITY.
IN STRONG SUPPORT AND I WANT TO
THANK THE AUTHOR IN HIS ABLE
INDEED.
FOR BEING SO RESPONSIVE TO
STAKEHOLDER INPUT ON THIS BILL
AND I LOOK FORWARD TO WORKING
WITH HIM.
AS IT MAKES ITS WAY THROUGH THE
ASSEMBLY THANK YOU SO MUCH MIX
WITNESS ANYONE ELSE IN SUPPORT.
OF THANK YOU WHEN HIS BALL FLAG
WITH KELLY DE ARE. HIGH I WANT
TO APPLAUD THE THOUGHTFUL ENOUGH
PRACTICAL APPROACH TAKEN.
I'M SORRY ARE YOU IN SUPPORT OR
OPPOSITION ORDER FOR IN SUPPORT
IF YOU COULD JUST GIVE US YOUR
AFFILIATION PLEASE.
A DR LED ARE THANK YOU THANK YOU
SO MUCH
NEXT WITNESS IN SUPPORT OR.
THE OF. TWEENER OKAY.
HERE MEMBERS TEMPO FOR THE
JUDICIAL COUNCIL WE DO NOT YET
HAVE A POSITION ON THE BILL
WE'VE BEEN WORKING.
VERY COOPERATIVELY WITH YOUR
STAFF THE AUTHOR AND HIS STAFF.
BOB ON THE LANGUAGE IN THE
MOMENTUM WE LOOK FOR THE
CONTINUING THOSE CONVERSATIONS
AS THE BILL MOVES FORWARD
THINKING ANY WITNESSES IN
OPPOSITION.
HARD TO SING IN HEARING NONE
LET'S BRING IT BACK TO DIE
SENATOR MONNING.
THANK YOU MADAM CHAIR I JUST
ONE I THINK THE AUTHOR FOR.
BRINGING THIS PATH TO TRYING TO
BRING SOME CLARIFICATION AS A.
MEDIATOR IN THE FORMER DIRECTOR
OF A MEDIATION PROGRAM IN.
MONTEREY.
.
I'M ONE OF THOSE WHO.
FIND THE BENEFIT OF
CONFIDENTIALITY IN THE THREAT
TO.
ANY BREAK IN THAT.
PROTECTIVE ENVIRONMENT THAT CAN
ALLOW PARTIES TO REACH AN
AGREEMENT.
ANOTHER LAW REVIEW COMMISSION
GRAPPLED WITH THAT.
THERE HAS NOT BEEN AN EFFORT
YET TO CONVERT THAT THOSE
RECOMMENDATIONS INTO
LEGISLATION.
I THINK
THIS AFFIRMATION OF THE
IMPORTANCE OF MAKING SURE A
CLIENT IS WELL VERSED I THINK
SOME OF THE COMMENTS OF. MAKING
THAT BE A FREESTANDING NOTICE
NOT ONE BURIED IN A RETAINER
AGREEMENT THAT MIGHT BE LONG
BEFORE MEDIATION. MAKE SENSE.
BUT THE. AGAIN IT'S IT'S IT'S
DISCLOSURE AND EDUCATION. AND I
THINK THE. A. THE NON LEGAL
COMMUNITY WHO AND THAT BEING
REPRESENTED BY LAWYERS IN THE
MEDIATION PROCESS.
AND. IT'S IMPORTANT TO WALK THEM
THROUGH SO THEY KNOW WHAT
THEY'RE SIGNING UP FOR THERE'S.
MANY ARGUMENTS OF WHY MEDIATION
CAN BE HELPFUL IN RESOLVING SOME
CONFLICTS AND. MAY NOT BE THE
SOLUTION FOR OTHERS BUT.
MADAM CHAIR I'D BE PREPARED TO
MOVE THIS AT THE APPROPRIATE
TIME THANK YOU AND THANK YOU HOW
YOU SEE GREAT SENATOR FROM CAR
MALES COMMENTS AS MY CLOTHES
ALRIGHT WILLOW SHOULD CHECKING
INCLUDES LIKE WE.
WILL EXCEPT THAT IS YOUR CLOTHES
AND THE MOTION IS SAID TO PASS
AS AMENDED TO THE SENATE FLOOR
PLEASE CALL THE ROLL. JACKSON
AYE AYE JACKSON AYE MORLOCK.
WELL LIKE I ANDERSON.
ANDERSON AYE HERTZBERG.
MONNING AYE MONNING AYE STERN.
WIECKOWSKI AYE WIECKOWSKI AYE.
THE BILL HAS FIVE VOTES WE WILL
KEEP THE ROLE OF.
AND YOU DO HAVE A SECOND BILL IF
YOU'D LIKE TO GO AHEAD WILL.
WHO CLOSE OUT THEN WITH SENATORS
ANDERSON AND HERTZBERG BUT GO
AHEAD IF YOU'D LIKE TO USE IS
TO?
CHAIR IF YOU COULD HAVE SENATOR
ANDERSON THOUGH HOPPY RIGHT
BATTLE OKAY THAT'S RIGHT EXCUSE
ME.
NO. HE'S GOTTA.
HER ANDERSON ARE YOU PREPARED TO
GO AHEAD ALRIGHT.
HERE IN.
SORRY PRECIADO. PART WE'RE GONNA
GO TO FILE ITEM SEVEN FILE ITEM
SEVEN SB ELEVEN SIXTY SEVEN
.
VERY GOOD GOOD AFTERNOON SENATOR
ANDERSON THE FLOOR IS YOURS
THANK YOU MA'AM CHAIR MEMBERS
ARE EMINENT DOMAIN IS WELL
RECOGNIZED POWER IN GOVERNMENT
YOU KNOW. I WHEN YOU WANT TO
BUILD A SCHOOL WOULD YOU WANT
PUT A ROAD THROUGH SOMETIMES
HAVE TO USE THE POWER OF EMINENT
DOMAIN. TAKE PRIVATE PROPERTY.
SO THAT YOU HAVE THE ABILITY TO
BUILD OUR THOSE STRUCTURES FOR
OUR GOVERNMENT IN FOR MONTHS
GOOD.
HI AIR AS WE MOVE FORWARD WITH
IT.
.
THE PRACTICE OF TAKING EMINENT
DOMAIN SOMETIMES RESULTS IN. OUR
LOCAL COMMUNITIES LOW BALLING.
TO THE.
PERSON THAT OWNS THE PROPERTY.
YEAH AND.
IF THE PROPERTIES VERY
EXPENSIVE THERE'S PLENTY OF
OPPORTUNITIES TO SUE TO GET THE
FAIR VALUE FOR YOUR PROPERTY.
BUT SADLY THE PROPERTIES UNDER
THREE HUNDRED GRAND.
IN THE AND THEY'RE OFFERING YOU
FIFTY THOUSAND DOLLARS FOR IT.
AND THEN YOU GO TO SUE YOU'RE
NOT GUARANTEED YOUR LEGAL FEES.
IN THAT LAWSUIT AND IT MAY RUN
YOU A QUARTER OF MILLION
DOLLARS.
AND ARE EVEN IF YOU DO SU IT'S A
LOSE LOSE SITUATION.
SO WHAT IS HAPPENING.
IS.
POOR PEOPLE ARE BEING PREYED ON.
BECAUSE THEY DON'T HAVE THE
MEANS OR RESOURCES TO PROTECT
OUR INTERESTS.
WHEN WHEN THINKING ABOUT THIS
I'M VERY CONCERNED THAT IF YOU
EMIGRATE TO OUR COUNTRY AND
YOU'RE STARTING OFTEN YOU BOUGHT
YOUR FAIRY FIRST PROPERTY.
AND IT'S AN ENTRY LEVEL
PROPERTY.
IN PERHAPS IS WORTH FIFTY OR
SIXTY THOUSAND HOURS OR A
HUNDRED THOUSAND DOLLARS.
YOU RUN THE RISK OF BE HALF OF
HER BEING THE OUR RECIPIENT.
OUT OF AN EXTREME LOW BALL
PROPOSITION.
GIVE YOU NOT MUCH RECOURSE TO A
FAIR IN CHEST OF MARKET VALUE.
SO WITH ME TODAY.
I HAVE LARRY DOYLE FROM THE
CONFERENCE OF CALIFORNIA BAR
ASSOCIATIONS AND CHRISTIAN
RENFRO AND AND CHURNING IN
EMINENT DOMAIN EXPERT HERE IN
SACRAMENTO.
GOOD AFTERNOON TWO MINUTES EACH
PLEASE.
I'M
THANK YOU I THINK I'M GONNA SAY
MY TIME TO.
KRISTIN
IN LARGE PART I ONLY LIKE TO
MAKE ONE REFERENCE HERE IN THE
ANALYSIS OF A VERY THOROUGH
ANALYSIS VERY GOOD. ON. VIET
POINTS OUT HOWEVER ON THEIR SIX
CASES
WHERE IT SAYS THAT THE LAW SHOWS
HAVE FLAWS WORKING BECAUSE.
ATTORNEYS FEES WERE.
.
GOT AWARDED LEADERS WANTED TO
POINT OUT THAT IN THREE OF THE
SIX
ATTORNEYS FEES WERE AWARDED ONLY
BY THE APPELLATE COURT
REVERSING.
THE DECISION OF THE TRIAL COURT.
SO IT'S A BIT MORE IS NOT QUITE
AS SIMPLE AS JUST SIMPLY SAYING
THAT EXISTING LAWS WORKING THAT
WAY. IT WITH THAT ONE COMMENTED
LIKE TO TURN IT OVER TO CHRIS
THANK YOU VERY MUCH GOOD
AFTERNOON. AFTERNOON.
I'M WITH THE LAW FIRM DOESN'T
ON THE BY AGING CUNNINGHAM OUR
FIRM HAS DONE EMINENT DOMAIN AND
INVERSE CONDEMNATION WORK IN
SACRAMENTO FOR THE PAST EIGHTY%
YEARS.
AND I'VE EXCLUSIVELY PRACTICE
ARE ALMOST EXCLUSIVELY IN THIS
PRACTICE AREA WITHOUT FIRM FOR
THE PAST TEN YEARS.
AND I'VE HAD PERSONAL
EXPERIENCE WORKING ON CASES THAT
HAVE PROCEEDED THROUGH TRIAL.
AND HAD THE OPPORTUNITY TO
BRIEF AND ARGUE MOTIONS FOR
LITIGATION EXPENSES.
INCLUDING.
THE ONE IN. THE SACRAMENTO AREA
FLOOD CONTROL AGENCIES PURSUES A
CASE WHICH IS ONE OF THE CASES
THAT CITED IN THE ANALYSIS AND
SO. I WANTED TO TAKE THE
OPPORTUNITY TO.
TALK A LITTLE BIT ABOUT.
THAT CASE IS AN EXAMPLE OF HOW
THE LAW.
IS IT WORKING IS IT NOT WORKING
BECAUSE THAT'S A CASE WHERE
LITIGATION EXPENSES WERE AWARDED
BY THE TRIAL COURT AND
ULTIMATELY UPON UPHELD ON
APPEAL.
BUT.
THEY YOU KNOW THE ARDUOUS
JOURNEY IT TOOK TO GET TO TO
FIND OUT HE FOR THAT CLIENT.
WHO HAD A VERY GOOD CASE AND
AND WAS VERY JUSTIFIED IN IN
PROCEEDING FORWARD THROUGH TRIAL
AND AND TRYING TO OBTAIN HIS
CONSTITUTIONALLY ENTITLED JUST
COMPENSATION?
REALLY IT REPRESENTS A HE TOOK
ON A BATTLE THAT MOST PEOPLE
CANNOT.
THAT CASE WAS FILED.
BY THE US SACRAMENTO AREA FLOOD
CONTROL AGENCY AND.
TWO THOUSAND TEN JULY OF TWO
THOUSAND TEN.
WE GOT A DECISION FROM THE
APPELLATE COURT.
IN SEPTEMBER OF LAST YEAR FIVE
YEARS AFTER THE JURY AWARD.
IN OUR CLIENT'S FAVOR.
THE SCENARIO WAS WE HAD
EVIDENCE.
THAT THE VALUE THE PROPERTY WAS
OR THE PROPERTY TO BE TAKEN THE
INTEREST TO BE TAKEN IN
SEVERANCE DAMAGES WERE. FOUR
HUNDRED SIXTY FIVE THOUSAND
COMPETING EVIDENCE WAS ONE
NINETY FIVE OUR FINAL DEMAND WAS
THREE HUNDRED AND THIRTY
THOUSAND. THE FINAL OFFER WAS
TWO FIFTY.
THE FINAL OFFER WAS FIFTY FIVE
PERCENT OF THE JURY'S ULTIMATE
AWARD WHICH WAS TEN THOUSAND
DOLLARS LESS THAN WHAT OUR
EVIDENCE SHOWED.
AND DESPITE THE FACT THAT YOU
KNOW WE HAD A REASON OUT WHAT
WOULD BE A RESOUNDING VICTORY IN
THE TRIAL COURT BELOW. GIVEN THE
STANDARD AS IT EXISTS.
THE SACRAMENTO AREA FLOOD
CONTROL AGENCY FELT JUSTIFIED TO
DESPITE THE DEFERENTIAL STANDARD
OF APPELLATE REVIEW FOR.
THE DISCRETIONARY DETERMINATION
OF THE TRIAL COURT NONETHELESS
APPEALED THAT DECISION TO GET
ALL THE WAY.
MOST CLIENTS.
A IN A CASE OF THAT SCIENCE
DON'T HAVE THE MEANS TO FUND
THEIR LITIGATION. THEY DON'T
HAVE THE MEANS TO TAKE ON THE
RISK ASSOCIATED WITH THE COST OF
LITIGATION WHICH ARE EXTREMELY
IS DAIS.
THE FUSE IN THAT CASE TO TO GET
THROUGH TRIAL OR TWO HUNDRED
FIFTY THOUSAND DOLLARS.
ANOTHER HUNDRED AND FIFTY
THOUSAND ON APPEAL.
THOSE ARE THE THE INDIVIDUALS
WHO ARE REALLY HEARD UNDER THE
CURRENT SYSTEM BECAUSE THERE'S
NOT A LOT OF CERTAINTY ABOUT
WHAT WILL HAPPEN IF THEY HAVE
REASONABLE SUCCESS A TRIAL. AND
THE RISKS ARE TOO GREAT AND SO
THERE.
OFTEN COMPELLED TO ACCEPT
SETTLEMENTS.
THE DON'T.
APPROACH TRUE JUST COMPENSATION.
AND I WANTED TO PROVIDE A.
ONE STATISTIC THAT.
REVIEW IF YOU COULD WRAP IT UP
YOUR THINKING.
IS ROMAN NINETEEN NINETY NINE
STUDY BUT IT DID SHOW THAT IN
CALIFORNIA.
BETWEEN NINETEEN EIGHTY FIVE IN
NINETEEN NINETY NINE.
.
THE VERDICTS WERE ON AVERAGE
JURY VERDICTS WERE FORTY ONE
PERCENT HIGHER. BUT PLAINTIFFS
OFFERS.
THAT'S THAT'S A SUBSTANTIAL
DIFFERENCE FOR THE AVERAGE JURY
VERDICT.
ANY REPRESENTS THE SCOPE OF THE
PROBLEM.
THANK YOU VERY MUCH. ARE ANY
OTHER WITNESSES IN SUPPORT.
UNDER THE MEASURE BOB NATAL
REPRESENTING FUELED STEAD THAN
COMPANY MY CLIENT OF WHEN HE WAS
A YOUNG MAN.
EXPERIENCE TO ESSENTIALLY WHAT
WAS THE TAKING OF THE SAND. AND
THE.
RECOVERY.
PROJECT THE RECOVERY CENTER OF
BY THE CITY SANTA ANA.
AND SINCE THEN HAS BEEN
CONCERNED ABOUT HOW.
PEOPLE OF MODEST MEANS OR POOR
PEOPLE ARE TREATED IN EMINENT
DOMAIN. ENVIRONMENT.
THE PURPOSE OF THIS BILL. IS TO
DISCOURAGE LOW BALL OFFERS AND
TO. GET FAIR OFFERS UP FRONT.
ALL THE CASES CITED SHOULDN'T OF
HAD TO BE BROUGHT IF WITH THE
GOVERNMENTS ARE FACED WITH.
WITH PAYING ATTORNEYS FEES.
WE THINK THAT THEIR OLD MORE
OFTEN BE.
AIR OFFERS AND LESLIE ASIAN AND
AND THINK JUST COMPENSATION
THANK YOU ALRIGHT ANY OTHER
WITNESSES IN SUPPORT.
WITNESSES IN OPPOSITION.
WITNESSES IN STRONG NEUTRALITY.
OKAY.
WE WE HAVE A MOTION I HAVE SOME
COMMENTS.
I SEE THIS BILL IS A BILL AND A.
BILL THAT'S ASSUME.
IN SEARCH OF A PROBLEM. IDEA YOU
KNOW YOU TALK ABOUT RARELY ARE
LEGAL FEES GUARANTEED. I
APPRECIATE YOUR CONCERN FOR POOR
PEOPLE.
WE COULD SAY THIS ABOUT JUST
ABOUT EVERY CASE THAT COMES
BEFORE THE COURT. THE LENGTH OF
TIME IT TAKES TO GET THESE CASES
RESOLVED BUT AT THE END OF THE
DAY THE APPELLATE COURT ORDERED
ATTORNEYS FEES THE RIGHT THING
HAPPENED AND.
I I DON'T THINK THAT THE
EXAMPLE SHOW THAT THE COURTS ARE
IMPROPERLY AWARDING DEFENDANTS
LITIGATION EXPENSES PURSUANT TO
EXISTING LAW THEY HAVE THE
ABILITY TO DO THAT IF YOU HAVE A
POOR PERSON WHO'S JUST COME OVER
FROM.
OF HONDURAS SEEKING ASYLUM IS
GRANTED ASYLUM IN THIS COUNTRY.
AND THEY HAVE A A PROPERTY THAT
SUDDENLY THE GOVERNMENT WANTS
OTHER COURTS HAVE EVERY ABILITY
TO GRANT THOSE ATTORNEYS FEES
AND I SUSPECT THEY WOULD.
AND I THINK THAT.
AGAIN WHAT YOU'VE DEMONSTRATED
HERE WITH THIS AND WHAT THE.
.
AND ANALYSIS SHOWS IS THAT THE
CURRENT LAW WORKS.
AND THAT THIS BILL WILL REALLY
DRAMATICALLY ALTER THE WAY THESE
DETERMINATIONS ARE MADE AND
STRIPS THE COURT OF ITS
DISCRETION. ARE I DON'T SEE ANY
NEED FOR THAT WE WE. WE HAVE
MANY INSTANCES WHERE OF PEOPLE
THAT. YOU KNOW WHETHER THERE
DAVID FIGHTING GOLIATH AND AND I
GUESS YOU'RE TRYING TO SET THIS
AS A DAVID VERSUS GOLIATH
SITUATION.
WE ARE WE SEE THAT IN JUST
ABOUT EVERY ARENA.
Y. SUDDENLY.
EMINENT DOMAIN IS TO THE.
ISSUE DU JOUR A I'M NOT QUITE
SURE BUT.
WE KNOW THAT THE CALIFORNIA
SUPREME COURT HAS NOT BEEN SHY
ABOUT THEIR DISAPPROVAL OF THE
RICHARD MATHEMATICAL. FORMULA
THAT'S PROPOSED IN THIS BILL. BY
WHICH WOULD SEE THE COURTS HERE
SOMETIMES IT'S APPROPRIATE FOR
THEM TO HAVE AN OPINION ON
THINGS THAT AFFECT THEM.
AND I HOPE THAT THE JUDICIAL
COUNCILS HEARING ME IN THE
PEOPLE THAT REPRESENT THEM OR
HEARING ME IT'S A BIG
FRUSTRATION FOR ME. WHEN THE
COURTS DON'T COME IN AND ASSIST
BY IN.
AN OPINION ABOUT WHEN WE'RE
ABOUT TO EITHER STRIP THEM OF
THEIR AUTHORITY OR TO EXTEND
THEIR AUTHORITY BEYOND WHAT THEY
CAN. POWER WHAT THEY BELIEVE
THEY CAN REASONABLY DO BUT NONE
THE LESS.
COURT SHOULD BE TAKING INTO
CONSIDERATION ALL THE RELEVANT
EVIDENCE AND.
I THINK IT'S A TROUBLING
PRECEDENT TO LIMIT THE COURTS
EVALUATION OF THE TOTALITY OF
THE CIRCUMSTANCES WHICH IS WHAT
IT HAPPEN HERE. WITH A FORMULA
THAT'S BEING PROPOSED AND.
.
I THINK WOULD ALSO HAVE THE
ADVERSE CONSEQUENCE OF
ARTIFICIALLY INFLATING PUBLIC
AND ENTITIES OFFERS SOME
PROPERTY.
THAT'S THE PUBLIC'S MONEY
THAT'S ABOUT TO BE SPENT AND I
THINK WE HAVE TO BE REALLY CLEAR
ABOUT THAT.
WE ARE TALKING ABOUT.
EMINENT DOMAIN WHERE THE STATE.
THE I. E. THE TAXPAYER HAS TO
PAY MONEY OUT TO A PARTICULAR
INDIVIDUAL. I THINK THAT MONEY
OF THAT'S PAID OUT SHOULD BE
FAIR. AND.
I THINK IT'S NOT UNREASONABLE
FOR THE STATE TO A TO COME IN
AND.
TO TAKE A POSITION IF THEY FOR
OPERATING GOOD FAITH IN DOING SO
AND IF THEY LOSE YOU KNOW WHAT
THE STATE PAYS.
BUT.
BY TRISTA I SEE THIS BILL
ALTERING THE EXISTING BALANCE.
IN A IN AN ILL ADVISED MANNER
AND AND SO I. I RECOMMENDED NO
VOTE ON THIS BILL I'VE TALKED
TO.
THE MISTER NAYLOR'S WHO'S BEEN
GRACIOUS AND GIVING ME HIS TIME
ON THIS AND AND I THINK.
FOR WHATEVER REASONS HE WANTS
VOTE AND.
I CHOOSE TO THINK THIS SETS A
BAD PRECEDENT TAKES A.
DISCRETION AWAY FROM THE COURTS
UNNECESSARILY AND. AND WITH THAT
THOSE MY COMMENTS AND WE HAVE A
MOTION.
ANYONE ELSE HAVE ANYTHING TO
SAY IF NOT SENATOR YOU ARE
CERTAINLY. IS.
MORE THAN HAPPY TO RESPOND IN
YOUR CLOSE.
I HAD A COMMITTEE MEMBERS. I
STARTED MY CAREER.
HELPING POOR PEOPLE.
I'VE RUN YOU'VE SEEN MY BILLS ON
THE FLOOR. NUMEROUS TIMES.
CRYING TO LIFT THE POOR GIVEN
KNOW I OPPORTUNITY I THINK
FAIRNESS IS IMPORTANT.
WHEN YOU'RE OFFERED FIFTY FIVE
PERCENT OF THE MARKET VALUE.
THAT'S NOT A FAIR OFFER.
AND WHEN YOUR PROPERTY VALUE IS
UNDER A QUARTER MILLION DOLLARS
KNOWING THE COST TO GO TO COURT
IS A QUARTER MILLION DOLLARS.
YOU DON'T HAVE A FAIR CHANCE.
AND YOU'VE SCRIPT YOU STAVED
YOU'VE DONE EVERYTHING IN YOUR
POWER TO ACHIEVE THE AMERICAN
DREAM YOU MAY HAVE TRAVELED
ACROSS CENTRAL AMERICA TO GET
YOUR.
AND YOU'RE DENIED AN AMERICAN
DREAM.
BECAUSE YOU CAN'T GET JUSTICE IN
OUR COUNTRY AND IT'S JUST PLAIN
WRONG.
THIS BILL DOESN'T INCLUDE.
.
MILLION DOLLAR PROPERTIES TEN
MILLION DOLLAR PROPERTIES
BECAUSE THOSE WHO ARE GETTING
JUSTICE THIS IS REALLY FOCUSED
ON THOSE PROPERTY OWNERS WHO.
HAVE VERY LITTLE. THAT THEY'VE
THEY'VE BEEN ABLE TO COBBLE
TOGETHER.
IT WHEN YOU'RE OFFERED FIFTY
FIVE PERCENT WE'RE GETTING ON
OFFER.
ON A HUNDRED THOUSAND ARE
PROPERTY OF FIFTY FIVE THOUSAND
KNOWING THAT YOU HAVE NO
RECOURSE AGAINST HIM BECAUSE THE
COST OF JUSTICE IN THIS NATION
IS SO GREAT.
YOU'VE BEEN CHEATED YES AN
AMERICAN. EVEN CHEATED AS A POOR
PERSON I THINK WE SHOULD BE
THINKING IN TERMS OF HOW WE
HELPED LIFT.
PEOPLE WHO WORK HARD.
KABUL TO SAVE MONEY.
TICKET EARNED A PROPERTY TO GET
A PIECE OF THE PIE.
AND MAKE SURE THAT BIG
GOVERNMENT DOESN'T JUST STOMP ON
A.
NOW LOOK WE'RE NOT SAYING THAT.
IT SHOULD BE OUTRAGEOUS WHAT
WE'RE SAYING AS. IF YOU'RE.
AT EIGHTY FIVE PERCENT OF MARKET
VALUE YOU WOULD TRIGGER ATTORNEY
FEES SO WIDE IT HAVE TO BE
ESTABLISHED.
THAT YOU.
GOT AN EXTREMELY LOW ARE FOR.
FOR YOUR PROPERTY AND AND LOOK
WE ALL HAVE APPRAISERS.
YOU KNOW WHERE THOSE APPRAISALS
ARE IN ONE PEOPLE ARE CHOOSING
MONEY OVER PEOPLE IT'S THE WRONG
WAY TO GO.
SO WILL YOU GET OFFICE UNDER
FIFTEEN PERCENT.
ALL YOU GETTING RICHER IN YOU
WHERE. YOU GET YOUR ATTORNEY
FEES WHY WOULD WE DENY THEM THE
ATTORNEY FEES.
WHEN WE HAVE ALREADY PROVEN
THEIR CASE.
THAT BIG GOVERNMENT DOESN'T CARE
ABOUT THEM I DO CARE ABOUT OF A
NAM STEPHANOPOULOS POOR PEOPLE.
THEY'VE COME HERE THEY'VE WORKED
HARD IT BUILT A SMALL BUSINESS
OR THEY BOUGHT A SMALL PIECE OF
PROPERTY. HOPING TO BUILD ON THE
AMERICAN DREAM MAYBE SEND THEIR
KIDS TO COLLEGE.
I WANT THEM TO HAVE EQUAL ACCESS
TO JUSTICE IN OUR NATION.
THIS BILL STANDS UP FOR THEM IN
WHILE I GET.
IF YOU'RE MORE CONCERNED ABOUT
MONEY THAN YOU ARE ABOUT PEOPLE.
THEN ABSOLUTELY I MEAN I GET IT
YOU'RE GONNA VOTE AGAINST US.
WITH THAT. I ASK RESPECTFULLY
PROVIDE BOTH.
THANK YOU OF SENATOR ANDERSON
THIS IS THE WRONG BILL FOR THAT
ARGUMENT TO MY OPINIONS SO WITH
THAT.
.
THERE IS A MOTION DO PASSED TO
THE SENATE FLOOR.
PLEASE CALL THE.
THE MEMBERS.
JACKSON NO JACKSON NO MORE LOCK.
MORLOCK AYE ANDERSON AYE
ANDERSON AYE HERTZBERG.
MONNING.
STERN WIECKOWSKI.
GOOD TO BILLS WILL PLACE THAT
MATTER ON CALL.
TWO VOTES EXCUSE ME TWO VOTES
WILL PLACE THAT MATTER ON CALL.
OUR LAST BILL IS.
VERY GOOD WASN'T ALL I'M SORRY
THAT'S RIGHT WILL WILL GO IT
SENATOR HERTZBERG.
FIRST ITEM ON OUR FILE FILE ITEM
ONE S. B. EIGHT THIRTY EIGHT.
GOOD AFTERNOON SENATOR
.
MORNING A. AFTERNOON ALMOST
EVENING BUT WHATEVER IT ALL SAME
DAY. GOOD AFTERNOON SENATOR
AFTERNOON GOOD EVENING AND
GOODNIGHT. KNOW A LOT OF TIME
ZONES.
.
I BET YOU ARE HERE HALL AT THE
SAME TIME. IT IF MATH HERE ARM.
WHY DID I INTRODUCED THIS BILL
AND WHAT IS IT DO?
WE ARE IN THE MIDST OF A
REVOLUTION OUTSIDE OF THIS
BUILDING AND IT'S CALLED
BLOCKCHAIN.
BUT IT THE MEDIA A NUMBER OF
COMPANIES USED TO SHIP IT TO YOU
JUST AS A RESULT OF INTRODUCED
HIS BILL JUST A HANDFUL. OF KIND
OF THE ACTIVITY THAT'S COMING AS
A RESULT OF THIS BILL.
WHAT IS IT ABOUT AND?
AGAIN ONE OF WHAT WE'RE TRYING
TO DO HERE.
UP IT IN FORBES TOP FIFTY FIFTH
PICK COMPANIES ELEVEN AMER
BLOCKCHAIN.
WEST VIRGINIA IS USING
BLOCKCHAIN FOR VOTING.
WEST VIRGINIA.
A COUNTRIES ALL OVER THE WORLD I
WAS TALKING TO THE MYTH THAT THE
THE.
PROMINENT KNOW THE.
BASS INTERVIEW AMBASSADOR FAN
WHAT TO AND THEY'RE DOING ALL OF
THEIR.
LAND TITLE RECORDINGS ON
BLOCKCHAIN.
WHAT IS IT?
BASICALLY WHAT HAPPENS IN THE
INTERNET IN THE SIMPLEST OF
TERMS IN THE WHOLE ISSUE OF
PRIVACY AND SOME OF THE ISSUES
OF HACKING THAT WE'VE SEEN IN
THE INTERNET. IS IN THIS AGAIN
IT'S I'M OVERSTATING MY CASE BUT
THE NURSERY A BIG POOL OF
INFORMATION.
AND YOU HAVE ALL THESE ACCESS
ROUTES INTO THE POOL THE WE HAVE
DIFFERENT WAYS TO GET ACCESS TO
IT ONCE SOMEBODY BREAKS TO THOSE
CODES ARE PASSWORDS WHATEVER
OFFER THEY CAN GATHER ALL THE
DATA THAT WE'VE SEEN THESE
HORRIBLE STORIES ABOUT.
THE BLOCKCHAIN IS SIMPLY A WAY
TO ORGANIZE THE INTERNET IN THE
SIMPLEST TERMS IN A DIFFERENT
MANNER.
EACH PIECE OF DATA THE REASONS
CALL THE BLOCKCHAIN IS UNIQUELY
STAMPED AND IDENTIFIED.
IN ADDITION IT HAS A CO A TIME
STAMP ON IT. AND THE STAMP AS TO
THE LAST PIECE OF DATA IT'S
CONNECTED T A UNIQUE NUMBER AT
A SECOND PIECE OF HAS THINK WHAT
IT'S CONNECTED TO ON THE OTHER
END.
SO IN THE END RATHER TO GET
ACCESS TO INFORMATION ON THE
BLOCKCHAIN IS CALLED THE
DISTRIBUTED LEDGER YOU NEED TO
HAVE DATA ALL THE WAY ALONG THE
LINE.
EACH GENERALLY TALKED ABOUT IN
THE CONTEXT OF BITCOIN.
WHY BECAUSE BITCOIN IS THE ONLY?
ENVIRONMENT IN WHICH THEY'VE
ACTUALLY UTILIZED BLOCKCHAIN
BECAUSE THE IDEA OF DUPLICATING
THIS MONEY THESE THINGS OF VALUE
BILLIONS OF DOLLARS NEED TO BE
SECURE.
SO WHAT'S HAPPENING IS THAT JUST
AN EXPLOSION IN LOSS SOUTHERN
CALIFORNIA ALL ACROSS SILICON
VALLEY AND AROUND THE WORLD THE
NUMBER OF COMPANIES I THINK IS
TO THREE THOUSAND THE LAST YEAR
OF. OF A BLOCKCHAIN COMPANIES
THAT HAVE STARTED. AND SO WHAT
I'M TRYING TO DO IS TO
INTRODUCED THIS CONCEPT INTO THE
LAW.
AND IT'S NO DIFFERENT THAN WHAT
WE DID YEARS AGO AND YOU
REMEMBER THIS MADAM CHAIR WE
STARTED USING MOVING AWAY FROM
WHAT SIGNATURE SELECT TRONIC
SIGNATURES ARE ALLOWING
FACSIMILE.
SO HOW WHY GET INTO THE PROCESS
A BLOCK CHANGE IN THE LAW THE
BEGINS TO INTRODUCED US TO START
USING IT. AND I NEEDED TO DO IT
IN THE MATTER THAT WAS THE
SIMPLEST. I USUALLY WANTED TO DO
LAND TITLE. LIKE THAT DOING
INVENTOR WANT TO. BUT YOU COULD
IMAGINE THAT LITERALLY PUTS
TITLE COMPANIES OUT OF BUSINESS
I HAVE A LOT OPPOSITION IF I PUT
PANEL COMPANIES OUT OF BUSINESS
BECAUSE YOU. YOU HAVE A
COMPLETELY SECURE TITLE YOU
WOULDN'T HAVE A SITUATION WHERE
SOMEBODY WENT WITH THE PHONY
NOTARY STAMP RECORDED IN THE TO
GET SOMEBODY'S HOUSE RECORD
ALONE AGAIN SOMEBODY'S HOUSE AND
ALL THIS AND YOU'RE BEING
FORECLOSED ON YOU SEE A LOT OF
THOSE CASES.
REALLY IMPORTANT PUBLIC POLICY
NEED BUT SOMETHING VERY
DIFFICULT TO DO. I WANTED TO DO
IT FOR DRIVERS LICENSES OR BIRTH
CERTIFICATES WE GET WHERE THEY
COULDN'T BE MANIPULATED AND WHAT
HAPPENED WAS AGAIN HOW MUCH IS A
COST GOVERNMENT TO DO THIS. AND
I WAS RUNNING AGAINST A BUZZ SAW
OF A NEW AND UNIQUE APPROACH TO
GOVERNMENT ON THE ONE HAND AND
YET ON THE OTHER HAND.
I TRY TO DO SOMETHING SO WHAT
WE'VE DONE HERE IN THE CONTEXT
OF CORPORATE RECORDS WHEN YOU
FORMER CORPORATE CORPORATION I'M
SURE MADAM CHAIR AND. MISTER
MONNING AND OTHERS LAWYERS
AGAINST IN THE COMMITTEE HAVE
DONE THIS YOU GO WHEN YOU HAVE
A.
BY A.
ARTICLES OF INCORPORATION
COUPLE OF ITS ONE PAGE GET
STAMPED PAY HER BOX IT GETS
FILED. WITHIN ORDER KIT.
WHEN THE COMPANY AND WHEN YOU
GET THE KID IF YOU CREATE.
MINUTES
YOU CREATE BYLAWS AND YOU GOT A.
BUDGET STOCK CERTIFICATES
WHEN SOMEBODY WANTS TO STEAL
FROM A COMPANY WHAT DO THEY DO.
THEY GO TO THE BANK LET'S ASSUME
EUREKA ACCOUNT FOR FOR COLLEGE
JACKSON.
.
CORPORATION AND YOU GO OUT YOU
TAKE THE ARTICLES OF
INCORPORATION TO THE BANK YOU
PHONY UP BY A RESOLUTION THAT
SAYS THAT SAY. MR SECRETARY
MODDING IS SKINNER YOU HAVE HAS
THE THE AUTHORITY THAT DEPOSIT
CHECKS AND THEN IF A HUNDRED
CHECKS COME IN THE BANK THAT TO
ADMIT MAIL THAT DAY YOU TAKE
THREE OFF THE TOP. AND YOU OPEN
HAVE SEPARATE ACCOUNTS.
THAT'S HOW IT'S DONE THE THING
THE COPY WAS TO FORGET YOU STEAL
A CERTIFICATE OF THE BACK OF THE
BOOK. AND NOW YOU GOT YOURSELF A
PHONY ACCOUNT IT'S HAPPENED IT
HAPPENED BEFORE THIS COMMITTEE A
COUPLE OF YEARS AGO IN SAN
FRANCISCO WHEN.
IT WISHED MR KEALEY OTERS WERE
PART OF THIS COMMISSION SAN
FRANCISCO OR SOMEONE WAS DOING
THAT IT HAPPENED WITH FORTY
STOCK CERTIFICATES IN SANTA ANA.
SO WHAT WE'VE DONE NOW IS WE'VE
REQUIRED WE'VE SAID THAT IF YOU
WANT TO DO. BOMB A BLOCK TO HAVE
A CORPORATION WITH A BLOCKCHAIN
HE JUST SIMPLY SAY THAT THE
LEGISLATURE WE MAINTAIN A
BLOCKCHAIN NOW WHEN YOU GO TO A
BANK WHAT'S GOING TO HAPPEN IS.
THE BANKS GONNA KNOW THAT I
BETTER LOOK AT THE LEDGER. AND
THEN THAT IT'S HARDER FOR
SOMEBODY TO RIP OFF THE SYSTEM
IT IS A SMALL TOLL HOLD. IN THE
NOTION OF BLOCKCHAIN BUT I HAD
TO FIGURE OUT HOW CAN I WITH THE
LEAST OPPOSITION COME IN WITH AN
INTRODUCED THIS CONCEPT. BOMBED
EACH BEEN JUST EXTRAORDINARY A
NUMBER OF CONFERENCES ON THE
STUFF THAT SHE'S TAKEN OFF IN A
BIG WAY TO THEN START LOOKING AT
OTHER WAYS WE CAN DO THINGS LIKE
VOTING LIKE THEY'RE DOING IN
WEST VRGINIA. AND A WHOLE HOST
OF OTHER THINGS HEALTH RECORDS
AND OTHER THINGS HAVE BEEN VERY
VERY EFFECTIVE. I'VE GOT THE UP
VICE MAYOR OF EMERYVILLE HERE'S
ONE OF OUR WITNESSES.
AND ANOTHER BIG FANCY FANCY GUY
THE TECHO BUSINESSES SMARTGRID
ANYBODY SO.
LET US KNOW WHAT YOU THINK THANK
YOU VERY MUCH TO MENSES PLEASE.
ALRIGHT I HAVE YEAH I AM ALI
MEDINA I AM THE VICE MAYOR OF
AND REVEAL YOUR SYSTEM OF THE
VICE MAYOR BERKELEY BUT WE WOULD
CONSIDER THIS MORE THAN A FAIR
SUBSTITUTE FOR YOU KNOW.
.
FACE FAIR BARTLETT IN PERSON HAD
ABOUT FOR COUNCIL MEDIUM BUT HE
ASKED ME TO SHARE A LITTLE BIT
ABOUT WHAT HE'S BEEN WORKING ON
WITH YOU.
LAST WEEK BERKELEY PASSED A
RESOLUTION.
TO CARVE OUT THE FIRST
MUNICIPAL BONDS ON THE
BLOCKCHAIN THEY'RE GOING TO BE
TOKENIZED ENOUGH BONDS TO BUY A
FIRE TRUCK. NOW THIS MEANS THAT
PEOPLE CAN BUY INTO THIS FROM
TWENTY FIVE DOLLARS ALL THE TWO
THOUSAND DOLLARS THEY CAN
PROGRAM IS THAT. A THIRD MONTH
WE STAYED FOR PEOPLE IN THE
COMMUNITY THEY CAN TOKENIZED THE
COINS THAT THEY CAN ONLY BE
SPENT BY LOCAL STORES OR GET A
DISCOUNT OF PERCENT LOCAL
STORES.
THERE'S ENDLESS POSSIBILITIES
HERE AND BERKELEY IS PUSHING THE
ENVELOPE AND LOOKING FORWARD TO
NEW THINGS THERE'S OTHER CITIES
IN THE COUNTRY DENVER IS LOOKING
TO DO A CLOSED LOOP BLOCKCHAIN
SYSTEM FOR OVERSEAS I'M SERVICE
MEMBERS TO VOTE. NEXT YEAR
THEY'RE SUPPORTED BY THE
NATIONAL SERVICE CYBERSECURITY
ON THAT.
THIS TECHNOLOGY IT.
CAN PRODUCE A LOT OF GOOD THINGS
IT CAN TRACKLISTING AREA
INFECTED ON MANGOES. WALMART
RECENTLY RAN A TEST WHERE THEY
FOUND OUT.
THE SOURCE AN OUTBREAK AND FOUR
POINT THREE SECONDS AS OPPOSED
TO THEIR NORMAL SIXTY TRACKING
IF YOU'VE BEEN READING THE NEWS
LATELY ABOUT FOOD OUTBREAKS
THAT'S EXTREMELY IMPORTANT. THIS
SORT OF TECHNOLOGY IS GOING TO
AFFECT A LOT OF INDUSTRIES AND
LOT OF CITIES CAN BENEFIT WOULD
LIKE TO THANK SENATOR HERTZBERG
FOR BRING THIS FORWARD AND WE'RE
NOT JUST COMPETING. WITH THE
ELEVEN OTHER STATES THAT ARE
CONSIDERING WATCHING LEGISLATION
INTERNATIONALLY WE'VE GOT
SWITZERLAND'S AND BROUGHT TARA
WHO HAVE FRAMEWORKS AND MORGAN
STANLEY JUST RECEIVE IT RELEASED
A REPORT THAT SHOWS THAT
COMPANIES WILL GO WHEREVER IN
THE WORLD HAS A SOLID REGULATORY
FRAMEWORK. WEATHERED STRICTER
NOT THEY JUST WANT THE STABILITY
OF KNOWING HOW THE GOVERNMENT IS
GOING TO TREAT THEM IT SO WE
THANK YOU FOR TAKING THIS FIRST
UP OF LOOKING AT THIS
LEGISLATION.
THANK YOU I WISH I COULD TALK
THAT FAST I THINK I UNDERSTOOD
WHAT YOU SAID BUT APPRECIATE
YOUR BEING HERE AND TO A.
WE DO HAVE ONE MORE WITNESS AND
THEN THE SENATOR MORLOCK WOULD
LIKE TO ASK A QUESTION GOOD
AFTERNOON SIR AFTERNOON THANK
YOU VERY MUCH.
HELLO MY NAME IS DAVID CROSS
FLAT I RUN A INCUBATOR AND CO
WORKING SPACE IN SAN FRANCISCO.
OVER THE YEARS WE'VE HAD OVER
TWO HUNDRED STARTUPS GO THROUGH
OUR PROGRAM THAT HAVE GENERATED
BILLIONS OF DOLLARS IN ECONOMIC
ACTIVITY. UP IN SAN FRANCISCO
CALIFORNIA AND THE WORLD A WE
GOT INTO BLACK CHAIN FEW YEARS
AGO AND WE ALMOST IMMEDIATELY
RECOGNIZE THAT THIS COULD BE THE
NEXT GREAT. INNOVATION AND TACK
FOLLOWING WEB ONE POINT NO
SOCIAL MEDIA. AND MOBILE AND SO
FAR HAS DEFTLY SHOW THAT THAT IS
THE CASE.
THERE IS ALREADY A LOT OF
EXCITEMENT AND ACTIVITY
THROUGHOUT THE STATE AROUND
BLOCKCHAIN WITH. PEOPLE IN
TECHNOLOGY AND FOUNDERS AND
ENTREPRENEURS AND UNLIKE SOME OF
THE PREVIOUS OF REVOLUTIONS THIS
IS REALLY TAKEN ACROSS TAKING
OFF ACROSS THE ENTIRE STATE. I
WORK WITH A LOT OF TECHNOLOGISTS
IN SOUTHERN CALIFORNIA NOW AND
IN THE CENTRAL VALLEY AS WELL AS
THE BAY AREA SO I THINK SAN
FRANCISCO IN CALIFORNIA. HAS A
LOT TO BENEFIT FROM THIS
TECHNOLOGY I AM I'M SUPER
EXCITED ABOUT CENTER
HERTZBERG'S.
TOM MOTION IT IS A VERY CONCISE
I THINK A.
DIRECTED AND SAFE WAY FOR US TO
START TO SHOW OUR. PART ON
JUVENILE COMMUNITY THAT WE ARE
WITH THEM AND WE ARE TRYING TO
CREATE A FRAMEWORK FOR THIS NEW
TECHNOLOGY.
THANK YOU VERY MUCH.
AND BEFORE I GO TO SENATOR
MORLOCKS SENATOR BOB HERTZBERG I
BELIEVE.
THERE'S SOME TECHNICAL
AMENDMENTS THAT WE ASK YOU TAKER
YOU'VE ACCEPTED THOSE HITS ME
VERY GOOD THANK YOU COUNTRY
SENATOR MORE LAW.
ONE.
OH DID I I'M SORRY UP A GOOD
POINT ALRIGHT OTHER WITNESSES
JOBS GETTING LONELY THANK YOU.
OTHER WITNESSES AND SUPPORT IF
YOU'D COME FOR WITH JUST YOUR
NAME AND AFFILIATION PLEASE.
AND THEN IF THERE'S ANY
OPPOSITION. A WILL ALLOW THEM TO
COME FORWARD NAME AND
AFFILIATION AFTERNOON MADAM
CHAIR A JACK BENNETT MY INDUSTRY
AFFILIATION IS INDUSTRIAL AND
MANUFACTURING LLC. I SUPPORT THE
BILL. THANK YOU.
HI MY NAME IS MICHELLE SONOMA
BLOCKCHAIN AND SUPERIOR SINCE
TWO THOUSAND FIFTEEN I AM A
STRONG SUPPORT FOR THE BILL.
THANK YOU.
AFTERNOON NICHOLAS ANDREW BLOCKS
AND ENTREPRENEURS STRONGLY IN
FAVOR THANK YOU.
A DEMOCRACY MORE OF MEN AND YOU
PART OF THE COMPANY'S YES
BLOCKCHAIN I AM IN SUPPORT.
THANK YOU.
ANY OTHER WITNESSES AND SUPPORT
ANY WITNESSES IN OPPOSITION.
ALRIGHT SEEING NONE WILL BRING
IT BACK TO SENATOR MORE LOCKED
IN THE DIETS OF THROUGH ANY
OTHER QUESTIONS MADAM CHAIR AND
THANK YOU SENATOR HERTZBERG GUY.
.
I GET THAT.
DAILY EMAILS ON.
CPA TYPE.
ACTIVITY IN BLOCKCHAIN IS JUST.
RAY JUST KEEPS GETTING LOUDER
AND LOUDER AND LOUDER. AND.
SO I'M I'M REALLY IMPRESSED
THAT YOU'RE TAKING ON THIS
CUTTING EDGE TECHNOLOGIES.
THEN YOU'RE YOU'RE AT YOUR COME.
I I WATCH EVERYBODY IN COMMITTEE
GO I'VE I WANT TO THANK THE
AUTHOR FOR BRINGING THIS BILL
BUT.
YOU'RE REALLY.
HEAD OF THE OF THE GAME AYE BUT.
TRYING TO GET UP TO SPEED AS I
READ ALL THESE ARTICLES.
THANKS FOR TODAY'S COLLECTION
BUT THERE'S ALSO A LOT OF PEOPLE
ARE WORRIED KID THERE'S THERE'S
THEY'RE CONCERNED THAT VOICE IS
REALLY GONNA CUT MANPOWER IT'S
GONNA CUT. YOU KNOW AB JOBS IN
ITS WHO YOU KNOW IS GOING TO
SHORTEN THINGS TIME AND AND
PLACE. IT'S I'M JUST WONDERING.
IF YOU COULD GIVE US.
MAYBE A LITTLE EXPLANATION AS TO
HOW WE SHOULD BE COMFORTABLE HOW
INDUSTRY SHOULD BE.
KIND OF EXCITED ABOUT THIS NEW
TECHNOLOGY I THINK THE BILL
BEFORE YOU IS A SMALL STEP BUT
YOU KNOW I JUST WAS READING HERE
IN THIS DELOITTE REPORT THE
DEVICE TRYING TO BE BLOCKCHAIN
BUT TWENTY TWENTY. I DON'T THINK
AT THE END OF THE DAY WHEN YOU
REALLY READ THE STUDIES AND
REPORTS THIS IS ABOUT. ANYTHING
ABOUT REPLACING JOBS OR THE LIKE
THIS IS REALLY ABOUT THAT KIND
OF A COUPLE OF THINGS ONE IT'S
GOING TO BE SECURITY TO I THINK
IT'S GOING TO BE THE BIGGEST
THING IN THE PRIVACY SPACES
GOING TO FUNDAMENTALLY CHANGE
THE PRIVACY GAME. BECAUSE YOU'RE
KNOCKED ALL YOUR PRIVATE
INFORMATION IS NOT GOING TO BE
ABLE TO BE SOLDIER GOING TO
CONTROL YOUR OWN PRIVATE
INFORMATION. AND THE BECAUSE
WANT TO GET OUT THERE AND MAKE
MONEY OFF YOU. BUT THEY'RE
THEY'RE GOING TO HAVE TO BUY IT
FROM YOU IT'S GONNA REALLY BE
REVOLUTION I I'M JUST COMPLETELY
CONVINCED.
DE HOW THE WHOLE THING'S GOING
TO CHANGE AND THIS IS GOING TO
CHANGE UP THE.
THE HOW THE INTERNET WITH THE
WORKS AND GIVES PEOPLE
CONFIDENCE ONE OF THE BIG ISSUES
FOR US AND GOVERNMENT WITH THAT
PEOPLE'S PERSONAL INFORMATION
THEIR HEALTH INFORMATION.
TELL PEOPLE THAT IT'S
CONFIDENTIAL. AND IT'S NOT
BECAUSE THEY GET HACKED UCLA'S
HACKED EXAMPLE AFTER EXAMPLE OF
YOUR CREDIT SCORES AND ALL THE
THINGS GETTING HACKED.
AND SO FAR THE BEST MINDS CAN'T
HACK THIS BECAUSE THE ENERGY IT
TAKES TO HACK IT ISSUE LITERALLY
GOT TO GO HE'S EXTRAORDINARY
CHAIN OF INFORMATION. TO GET TO
THE DATA SO IT'S GONNA HAVE AN
EXTRAORDINARY IMPACT IN MY
JUDGMENT.
IT'S NOT GONNA HAVE A ADVERSE
IMPACT ON JOBS AND I WOULD THINK
THAT IT'S GOING TO REALLY
ENHANCE THE ABILITY OF
GOVERNMENT TO BE A MUCH MORE
SERVICE ORIENTED TO WHAT TO
PEOPLE. IN TERMS OF THE
GOVERNMENT CONTEXT MISTER GROSS
BUT I'M JUST CURIOUS.
YOU KNOW ACCOUNTANTS HAVE
JOURNALS IN GENERAL LEDGER AND
IT SEEMS LIKE EVERYTHING JUST
GOES RIGHT TO THE GENERAL LEDGER
AND.
IT JUST MORE FISH AND COULD YOU
COULD YOU EXPLAIN HOW IT WORKS
IN MY WORLD.
OH YES SO I THINK COME.
IN THIS SENSE A BLOCKCHAIN IS
SIMILAR TO A SPREADSHEET.
AND TO WHAT THE PRIVATE KEY IS
IS A. IS A VERY SECURE LOCK.
TO UNLOCK A CELL AND THAT'S
SPREAD SHEET AND REWRITE IT. AB
BY REWRITING IT YOU'RE GIVING
SOMEONE ELSE A PERMISSION TO
WRITE TO THE NEXT CELL.
SO IT IS THAT SORT OF A. I THINK
YOU ARE CHOOSING TO A SELF WHAT
IS HE SAID SALAS IN A
SPREADSHEET CELLPHONE ó OKAY
FOR THE ON SITE NOW. THAT THERE
WAS SOME MAGIC SOME KIND OF CELL
LIKE A GIVEN CELL OF DATA. GOT
THAT WHEN YOU REWRITE IT YOU CAN
A SENSE CREATE NEW CELLS AND
THEN THOSE CELLS.
OUR COPY BY ALL THE VERSIONS OF
THAT SPREAD SHEET WHICH ON ALL
THE COMPUTERS. WHICH IS ONE OF
THE REASONS WHY IT'S SO
DIFFICULT TO HACK
BECAUSE IT'S NOT ONE CENTRO
REPOSITORY IT'S DISTRIBUTED
LEDGER THOUSANDS OR MILLIONS OF
COPIES OF THE SAME.
SPREAD SHEET AND UP WITH.
IT SECURED BY THE STRONGEST LOCK
HUMANS HAVE EVER CREATED
CRYPTOLOGY.
OKAY THANK YOU OF LIKE TO MOVE
THE BILL MATTOX ALRIGHT.
ANY OTHER QUESTIONS.
SENATOR HERTZBERG IF YOU'D LIKE
TO CLOSE YEAH I JUST THANK YOU
VERY MUCH APPRECIATE YOUR YOUR
PATIENCE AND I APPRECIATE THAT.
WITNESSES THIS IS.
HARD BECAUSE ITS INVENTION AND
TRYING TO TO MARY YOU KNOW
WHAT'S GOING ON IN THE FUTURE
WITH. CUT THE CHALLENGE THAT WE
FACE SO ARE YOU KNOW AS THEY SAY
IN THE MOVIES ALL BE BACK
THAT WE'VE TALKED ABOUT DOING
BILLS AGAIN AND AGAIN AND AGAIN.
GRADUALLY MOVING FORWARD
OBVIOUSLY MAKING SURE WE'RE
CAUTIOUS IN THIS REGARD BUT I
JUST COULDN'T THINK OF A MORE A
CAUTIOUS APPROACH TO LEASE
INTRODUCED THE CONCEPT. BECAUSE
SOME OF THE MEMBERS WITH WHOM
I'VE SPOKEN WITH THINK IT'S A
CHAIN LINK FENCE AROUND A
SWIMMING POOL AND WE BEGIN TO
EDUCATE THE PROCESS AND GET
PEOPLE MORE MORE IN TUNE. THANK
YOU VERY MUCH FOR YOUR SUPPORT.
THANK YOU THE MOTION IS TO PASS
AS AMENDED THE TO THE SENATE
FLOOR.
PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE AND
WARLOCK WARLOCK AYE ANDERSON.
ANDERSON AYE HERTZBERG AYE
HERTZBERG BY MONNING. MONNING
AYE STERN. STERN AYE WIECKOWSKI
AYE WIECKOWSKI AYE.
ALRIGHT THE TO A BILL HAS SEVEN
VOTES AND IT'S OUT NOW WHAT MY
UNDERSTANDING IS WE HAVE ONE
MORE A BILL. AND.
.
GIVE ME ONE SECOND.
IF YOU THINK.
BOB.
NORMALLY HERE KIND OF A POINT OF
PERSONAL PRIVILEGE. I KNOW
YOU'RE GOING TO SAY THIS BUT I
JUST WANT TO ADJUST THE ó OF
THE OLD YOU KNOW SHE COPS.
IT WITH RESPECT TO.
THE GREAT.
STEAM SENATOR COP.
OF.
ALRIGHT. A MOMENT OF PERSONAL
PRIVILEGE BECAUSE WE ARE GOING
TO LOSE SENATOR START HERE FOR A
FEW MINUTES ANYWAY BUT GO AHEAD
GIVE US YOUR.
GIVE US YOUR WISDOM HERE DON'T
KNOW WHO'S SITTING BEFORE YOU IN
THIS COMMITTEE IT'S SENATOR
QUENTIN KOPP.
I THINK HE'S A GRADUATE IS THE
CLASS OF FIFTY TWO FROM THE
HARVARD LAW SCHOOL.
WITH FIRING SHARE WAS A
CLASSMATE OF YOURS.
SERVED AS A BRAMBER THE BOARD OF
SUPERVISORS IS THE. FROM THE
CITY AND COUNTY OF SAN FRANCISCO
AND WAS IN A STEAM MEMBER OF
THIS BODY FOR MANY YEARS.
HEADING TRANSPORTATION BEING A
GREAT JURISTS WENT ON TO BECOME.
AS TEAM LAWYER AND IS PROBABLY
THE.
CAN'T SAY THIS BUT JUST A GREAT
GUY WONDERFUL WONDERFUL FELLOW
WHO SERVE THIS HOUSE WITH
DISTINCTION AND I JUST THINK
IT'S APPROPRIATE TO HONOR HIM
AND MAKE SURE THOSE WHO DON'T
KNOW HIM. UNDERSTAND WHO THEY'RE
WHO SIT IN FRONT OF A MAN ALL
THE YEARS OF SERVICE HE PUT IN
FOR THE STATE OF CALIFORNIA I
SUSPECT HE SAID HERE TODAY DOING
MORE SERVICE FOR FREE.
WELL WE ARE DELIGHTED TO HAVE
YOU AND IF YOU'RE A HARVARD
CLASS OF FIFTY WHAT WAS HIS
FIFTY. TWO WEICKER.
MY OF. MY GRANDFATHER MAJOR
DIPLOMA BY HAND.
YOUR GRANDFATHER WHAT MAJOR
HARVARD DIPLOMA FOR YOU BY HAND
IF YOU STILL HAVEN'T THE BIG GIN
LATIN. WELL. SO IN LATIN UP
UNTIL FROM NINETEEN ABILITY HIT
THE LAST YEAR WAS NINETEEN SIXTY
FIVE I THINK HE STARTED IN
NINETEEN TWENTY.
YEAH AND SO HE DID YOUR DIPLOMA.
SO WITH THAT.
HE HE WHAT WOULD HE DO THEM FOR
YOU ARE FOR ALL THOSE WELL
THAT'S A STORY I COULD TELL YOU
ACTUALLY. HE MADE SURE HE MADE
SURE HE GOT A DIPLOMA THAT IT
WAS THE REAL DEAL AND COULD NOT
BE BLOCKED. IN ANY WAY SHAPE OR
FORM BUT THAT'S ANOTHER STORY.
I. KNOW HE MAY HAVE.
BUT I STILL CAN'T UNDERSTAND.
QUITE WHAT IT IS SO PERHAPS HE
DID HE. HE HE DID HAVE MANY TALL
TALES CITIES TOOK THAT THAT HE
TOLD AS WELL BUT I THINK
BLOCKCHAIN WAS STILL LITTLE TOO
PREMATURE BUT WE ARE DELIGHTED
TO HAVE YOU. AND SENATOR
WIECKOWSKI YOU EVER LAST BILL
WHICH IS FILE ITEM TEN.
WANTING TO GO AHEAD AND AND.
PERCENT.
SENATE BILL.
TWELVE FORTY FOUR CLARIFIES
THAT THE CALIFORNIA PUBLIC
RECORDS ACT WAS INTENDED TO
ALLOW ATTORNEY FEES TO THE
PREVAILING PLAINTIFF. ONLY WHEN
THE PLAINTIFF IS THE REQUEST OF
THE RECORDS IN MY IN A CASE THAT
AROSE FROM MY DISTRICT THE
PUBLIC AND AGENCIES SUCH. ALMOST
FIFTY THOUSAND DOLLARS IN THE
TOURNEY FEES ARE FOR PUBLIC
RECORDS REQUESTER.
PURSUING HER.
I TO REQUIRE MEMBER THE PUBLIC
TO PAY TO GOVERNMENTS.
ATTORNEY FEES WOULD HAVE A
CHILLING EFFECT ON THE PEOPLE'S
RIGHT TO ACCESS INFORMATION.
IN THE PURSUIT OF TRANSPARENCY
AND ACCOUNTABILITY AND TO TALK
IN SUPPORT OF THIS BILL AND THAT
CHILLING EFFECT YOU SEE OUR
BOOKLET COP. WITH THE FIRST
AMENDMENT COALITION AND NIKKI
MORE WITH THE CALIFORNIA NEWS
PUBLISHERS ASSOCIATION THANK YOU
IN BEFORE WE TO THAT.
TO BE CLEAR YOU ARE TO
ACCEPTING HIS OFFERS AMENDMENTS
THE PROPOSED AMENDMENTS FORGET.
THAT'S QUITE ALRIGHT THANK YOU.
LATER.
BOB THANK YOU UP.
MADAM CHAIRWOMAN AND OF THANK
YOU SENATOR.
AND SHUDDERED HERTZBERG.
AND.
.
THOSE SENATOR MORLOCK REMINDED
ME WAS TWENTY THREE YEARS AGO WE
MET.
IN A TIME OF BUSINESS WOULD DO
VARIAS COUNTY.
AND ONE OF THE HEARING ROOMS
UPSTAIRS ON THE THIRD FLOOR.
I.
DE APPEAR BEFORE YOU.
THERE HAS BEEN A.
A MEMBER OF THE BOARD OF
DIRECTORS OF THE CALIFORNIA
FIRST AMENDMENT COALITION.
OF WHICH EUROPE FOR ABOUT THIRTY
FIVE YEARS OF EXISTENCE BEEN
DEDICATED TO THE.
PROTECTION OF THE RIGHTS UNDER
THE FIRST AMENDMENT OF.
THE UNITED STATES CONSTITUTION
AND COMPARABLE.
PROVISIONS IN THE CALIFORNIA
CONSTITUTION THAN I DO SO ALSO
WAS.
AT A.
TEN YEAR MEMBER OF THE
CALIFORNIA SUPERIOR COURT IN THE
COUNTY OF.
.
SAM A TRAIL.
I RECOMMEND APPROVAL OF SENATE
BILL TWO TWELVE FORTY FOUR.
EVEN.
HIT IN DENUDED FOR.
THAT MEANS SECTION ONE.
SHOULDN'T BE CARIBBEAN STATE IT.
TO MAKE IT A MORE BENEFICIAL.
BILL EVEN IN THE FACE OF A TEN
YEAR WAITED DO A. OPPOSITION.
I AM SURPRISED.
DE IN THIS IS OPINION AT THE
EXISTING OPPOSITION TO.
SECTION TWO OF.
THE BAIL.
THERE SHOULD BE NO ARGUMENT
ABOUT TO A. RENDERING.
.
TIME SAVING FOR THE TRIAL COURT
STAND AGAINST THE APPELLATE
COURTS OF THE STATE OF
CALIFORNIA BY CHANGING A.
PLANE OF FLOODS. OF THE RECORDS
REQUESTER.
THAT SHOULD BE A. B. C. L. AND.
EASY.
BY TALK ABOUT SECTION ONE
BECAUSE THAT CAN ALSO THOSE.
SAVE TIME AND TAXPAYERS MONEY IN
THE OPERATION. OF CALIFORNIA'S.
JUDICIAL LOVE SYSTEM.
AND I AM CERTAIN THAT WE HAVE
MORE TIME.
SECTION ONE QUE AND.
AUGMENTED. WITH THE EXCEPTIONS.
FOR SUCH MATTERS AS.
PRIVATE RECORDS.
AVE MEDICAL NATURE OR IN THE
SCHOOLS LE AND PERHAPS
ELSEWHERE.
AND SECURITY RECORDS OF SOME
SORT OF DEALING WITH THE
GOVERNMENTAL AGENCIES.
BUT.
SINCE THE LEGISLATURE AROUND.
.
STAND UP OF THE LEGISLATURE.
AND INCIDENTALLY I WONDER ALSO
RECORD MY APPRECIATION OF A
FIRST RATE ANALYSIS.
WHICH IS COMPREHENSIVE.
AND SHOULD BE TURNED INTO A LAW
REVIEW ARTICLE.
AND MAYBE THE CHAIRWOMAN COULD
BE A CO AUTHOR OF AN ERROR YOU
KEEP RAISING THE COST OF MY
STAFF HERE WITH ALL THESE
COMPLIMENTS.
WELL MUCH APPRECIATED AND WELL
AND THE OF ADDS UP.
OF RACK COMMAND.
.
THAT AS THE BILL CLEARS LIVES
COMMITTEE.
WERE INJURED SHOULD YOU NAM A
MUSCLE WAY THAT SOME MORE TIME
AND ATTENTION BE DEVOTED.
TO RESTORING SECTION ONE IN A
FORM WHICH ALLOWS EXCEPTIONS.
WHEN MISTAKES ARE MADE NOT THE
FAULT. OF A TAXPAYER OR A
RESIDENT OF THE STATE OF
CALIFORNIA. THANK YOU SIR AND.
AND CERTAINLY YOUR.
WISDOM AND EXPERTISE AND
EXPERIENCE DO NOT GO
UNAPPRECIATED.
WE ARE THOUGH DEALING JUST WITH
THE SECOND SECTION OF THIS BILL
AT THIS POINT IN TIME SO IF
YOU'D LIKE TO RESPOND TO THAT
PLEASE PLEASE. FEEL FREE TO DO
SO.
THANK YOU MADAM CHAIR NIKKI MORE
WITH THE CALIFORNIA NEWS
PUBLISHERS ASSOCIATION HERE AS
SPONSORS OF THE S. B. TWELVE
FORTY FOUR WOULD LIKE TO THANK
SENATOR CAST YOU FOR BRINGING.
THIS BILL FORWARD IT'S
REPRESENTING A TROUBLING TREND
WHERE PUBLIC AGENCIES ARE SUING.
PEOPLE WHO REQUEST AND RECEIVE
PUBLIC RECORDS THIS
CLARIFICATION WILL MAKE SURE
THAT THEY DON'T THEN GO AFTER
THEM FOR HALF A MILLION DOLLARS
IN ATTORNEY'S FEES BUT IT
DOESN'T. FIX THE UNDERLYING
ISSUE THE AGENCIES DO THINK THAT
THEY CAN RESTRAIN NEWSPAPERS
FROM PUBLISHING INFORMATION SO
WITH WHAT RESPECTFULLY URGING
I'VE.
THANK YOU VERY MUCH MUCH
APPRECIATED ANY OTHER WITNESSES
HERE IN SUPPORT.
THE FEW MAKING HER IS A
SUPPORTER OPPOSITION SUPPORT. I
NEVER SURE ANYMORE BECAUSE WE'VE
HAD THE LITTLE BIT OF BOTH BUT.
KEEPS US ON OUR TOES SO GOOD
AFTERNOON SIR YOUR NAME AND
AFFILIATION PLEASE. GOOD
AFTERNOON MADAM CHAIRWOMAN AND.
MEMBERS OF THE COMMITTEE. MY
NAME IS JONATHAN CHIANG WITH THE
FIREARMS POLICY COALITION IN
SUPPORT OF THIS BILL.
THANK YOU VERY MUCH.
ANY OTHER WITNESSES IN SUPPORT.
WITNESSES IN OPPOSITION.
AND YOU COME FORWARD AT YOUR
PERIL.
YOU'VE BEEN DULY WARNED.
PASSED OUT.
SORRY GOOD AFTERNOON SIR TWO
MINUTES OF FUEL. AS CHAIR
MEMBERS THE COMMITTEE DILLON
GIVENS WITH THE CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION
I'D LIKE TO THINK THE OFF FOR
HIS WILLINGNESS TO ACCEPT THE
MINUTES.
I TOO WOULD LIKE TO THANK THE
STAFF FOR THEIR ANALYSIS
THOROUGH ANALYSIS OF THIS BILL
ARE CONCERNS RELATED TO IN THE
SECOND SECTION THE BILL.
I BELIEVE THAT BY. AMENDING THE
SECTION THAT WOULD POTENTIALLY
OPENS UP TO.
.
BEING FORCED TO PAY OUT A
ATTORNEY'S FEES ON RIVERS CPR A
ACTIONS HOWEVER DUE TO THE
ANALYSIS I BELIEVE THAT THE IT
THE HOUSES LAYS OUT CLEAR
LEGISLATIVE INTENT WHICH.
ADDRESSES OUR CONCERNS OUR
CONCERNS WERE NOT TO.
TRYING TO MAKE SURE THAT.
EIGHT PUBLIC AGENCIES COULD SUE
INDIVIDUALS WHO THAT HAD THE
RECORDS IT WAS JUST TO PREVENT
THE OPENING UP FOR RIVERS CPR
ACTION SO. THANK YOU AND I WILL
WE ANTICIPATE THAT AFTER THIS
MANY WANTS TO MEMBERS ARE TAKEN
WE SHOULD BE ABLE TO REMOVE
OPPOSITION.
VERY GOOD THANK YOU OTHER
WITNESSES AND.
KIND OF SORT OF OPPOSITION GOOD
AFTERNOON DOROTHY JOHNSON FOR
THE CALIFORNIA STATE ASSOCIATION
OF COUNTIES AND ALSO THE URBAN
COUNTIES THE CALIFORNIA WE
ANTICIPATE REMOVING OUR
OPPOSITION BASED ON THE
AMENDMENTS AND APPRECIATE THE
WORK OF THE COMMITTEE AND THE
AUTHOR THANK YOU. THANK YOU.
SHOOTING HATCHING SILICA
CALIFORNIA CITIES LINE MY
COMMENTS WITH THE DILLON GIVENS
WITH THE SPECIAL DISASSOCIATION
THANK YOU BURGER THANK YOU.
LARA PRESTON ASSOCIATION OF
CALIFORNIA SCHOOL ADMINISTRATORS
ALSO WILL REMEMBER OPPOSITION
BASED ON THE AMENDMENTS
THANK YOU.
ERICA HOFFMAN WITH CALIFORNIA
SCHOOL BOARDS ASSOCIATION WE
ALSO REMOVE OUR OPPOSITION BASED
UPON THE AMENDMENTS THANK YOU
VERY MUCH THANK YOU.
MY GROUPS IN HERE ON BEHALF THE
CALIFORNIA MUNICIPAL UTILITIES
ASSOCIATION BILLS ECHO THE
COMMENTS THINKING THESE.
THANK YOU VERY MUCH ALRIGHT.
ANY OTHER WITNESSES IN
OPPOSITION.
OKAY WILL BRING IT TO THE DYESS.
.
JUST WANNA.
THE EXPRESS MY APPRECIATION FOR
YOUR PASSION ON THE SUBJECT OF
HOPEFULLY WE WILL GET TO A POINT
WHERE. EVERYONE'S COMFORTABLE WE
CAN. MAINTAIN THE SPIRIT OF
DISCLOSURE.
AT THE SAME TIME WE WE WANT TO
TRY TO BALANCE THAT OUT AND DO A
PERHAPS.
AT SOME FUTURE TIME WILL BE ABLE
TO BRING EVERYONE INTO SOME
LEVEL OF CONSENSUS BUT. WE ARE
NOT THERE AT THIS POINT AND
APPRECIATE THE WILLINGNESS TO
TAKE THE AMENDMENTS AS WELL
SENATOR MORE LOCK AND.
THAN.
THERE ARE NO OTHER QUESTIONS
WE'LL ASK YOU TO CLOSE SENATOR
WACO SKEPTICAL.
SENATOR MOYLAN THANK YOU MADAM
CHAIR I'D I TO WANT TO
ACKNOWLEDGE THAT SENATOR COP.
WHICH ACTUALLY.
AB TWENTY THREE YEARS AGO AT
THE IRVINE CITY COUNCIL CHAMBERS
HE WAS THE CHAIR OF THE.
THE BANKRUPTCY OVERSIGHT
HEARINGS FOR ORANGE COUNTY IN
MARCH OF NINETY FIVE.
AND SO I WAS ON THE AGENDA KIND
OF. LATE IN THE AGENDA.
AND.
CENTER COP WELCOME ME AND SAID
VERY KIND WORDS.
WAS A YOUNG MAN THEN. IT WAS
REALLY NICE TO HAVE THE CENTER
SAY THINGS IN MANY SAYS.
I'M REALLY SORRY BUT I GOT TO
CATCH A PLANE.
AND AND THEN.
LUCY CHALAZIA WHO WE WERE
RECENTLY RECOGNIZED.
PARA TOOK OVER THE MEETING AND
THAT WAS SORT OF INTERESTING.
BUT.
A BIG FAN.
SENATOR TOP IN.
ESTA GOOD TO HAVE YOU HERE AYE
AYE TIME I CHANGE MY VOTE TO
YES.
IT'S A NEW CHARTER.
ALRIGHT.
NO OTHER QUESTIONS SENATOR
WIECKOWSKI IF YOU JUST LIKE
WOODARD'S AN AYE VOTE HAS
MENTORED.
SO THE MOTION WE NEED A MOTION I
WASN'T CENTER MORE LAKU MADE THE
MOTION. ALRIGHT IS THE MOTION IS
TO PASS AS AMENDED TO THE SENATE
FLOOR PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE MORE
LOOK. MORE LIKE AYE ANDERSON.
ANDERSON AYE HERTZBERG HERTZBERG
AYE MONNING. MONNING AYE STERN
WIECKOWSKI AYE WIECKOWSKI AYE
RIGHT THAT BILL HAS SIX VOTES
WILL LEAVE IT OPEN ALWAYS A
PLEASURE TAKE A LOOK AT THAT.
DIPLOMA.
I'M I SHAUN WITH LOW RAIL AND
MADAM CHAIRWOMAN AND MEMBERS.
I DON'T KNOW THE CURRENT
PROTOCOL. HIM LISTENER BUT.
I CONVEY SAD NEWS OF THE DEATH
OF.
FORMER GOVERNOR GEORGE
DEUKMEJIAN AND PERHAPS.
THE COMMITTEE WOULD ADJOURN AND
HIS MEMORY THANK YOU SIR THANK
YOU VERY MUCH.
YEAH YEAH. JUST.
EIGHT DOT LITTERING. BECAUSE HE
WANTED.
REALLY CLOSE DO. GLORIA WORKS
FAMILY.
ALRIGHT SO.
A COLLEAGUES THAT IS SO I THINK
ENDS ARE.
HEARING WE DO HAVE A NUMBER OF
BILLS THAT ARE ON CALL.
.
BUT SEE LET'S GO AHEAD I A
SENATOR STERN WILL BE BACK BUT
LET'S GO AHEAD SO THAT NO ONE
HAS TO STAY. PROTRACTED HE DID
PROMISE TO COME BACK AS SOON AS
HE WAS DONE WITH THIS MEETING SO
LET'S GO AHEAD AND RUN THROUGH
THE ROLE. OF ONE TIME IN IN
TERMS. THEY WILL LEAVE IT OPEN
FOR HIM TO COME BACK SHORTLY SO.
FIRST OFF IS THE CONSENT
CALENDAR.
THE VOTE IS FOURTY ZERO PLEASE
CALL THE ABSENT MEMBERS.
ANDERSON.
ANDERSON AYE.
HERTZBERG. HERTZBERG AYE STERN
RIGHT THAT SIX TO ZERO WILL
LEAVE THE VOTE OPEN FOR SENATOR
STERN NEXT ITEM UP IS.
FILE ITEM ONE WHICH.
IT HAS IS OUT SEVEN TO ZERO.
FILE ITEM.
FILE ITEM THREE.
S. B. NINE FIFTY FOUR THE VOTE
COUNT IS FIVE TO ZERO OF PLEASE
CALL THE ABSENT MEMBERS.
HERTZBERG. HERTZBERG AYE STERN
ALRIGHT SIX TO ZERO WILL LEAVE
THE.
VOTER OPEN FOR THE ABSENT
MEMBERS. NEXT UP IS FILE ITEM
FOR.
THAT A OUT SIX TO ONE.
NEXT IS.
.
FILE ITEM FIVE S. B. ELEVEN
TWENTY EIGHT THE CURRENT VOTE
COUNT IS FIVE TWO ZERO PLEASE
CALL THE ABSENT MEMBERS.
HERTZBERG. HERTZBERG AYE
WIECKOWSKI.
SIX TWO ZERO THAT BILL IS OUT.
NEXT ITEM IS FILE ITEM SIX S. B.
ELEVEN TWENTY NINE.
THE VOTE COUNT IS A TWO TO ONE.
PLEASE CALL THE ABSENT MEMBERS.
MORE LOCK.
HERTZBERG AYE HERTZBERG AYE
STERN. WIECKOWSKI AYE AYE
WIECKOWSKI AYE RIGHT FOR TWO ONE
WILL LEAVE THE ROLE OPEN ON THAT
ITEM.
NEXT IS FILE ITEM SEVEN SB
ELEVEN SIXTY SEVEN THE VOTE
COUNT IS TWO TO ONE THE CHAIR
VOTING NO.
SURE VOTING NO.
FOR DINNER CALL THE ABSENT
MEMBERS HERTZBERG.
MONNING.
STERN.
WIECKOWSKI.
HARD THAT BILL HAS TO VOTES WE
WILL LEAVE IT OPEN FOR SENATOR
STERN.
NEXT ITEM IS FILE ITEM NINE S.
B. TWELVE THIRTY FIVE. THE VOTE
COUNT IS THREE TWO ZERO PLEASE
CALL THE ABSENT MEMBERS.
OR LOCK.
ANDERSON.
NO. ANDERSON NO HERTZBERG BY
HERTZBERG AYE STERN.
FOR TWO ONE THAT.
BILL WE WILL HOLD.
THE ROLE OPEN.
FILE ITEM TEN S. B. TWELVE FORTY
FOUR THE VOTE COUNT WELL TO THE
VOTE COUNT SIX TO ZERO WITH
SENATOR STERN. OF NOT VOTING AT
THIS POINT LET'S LET'S HOLD THAT
FOR HIM TO RETURN.
NEXT IS OF FILE ITEM ELEVEN S.
B. TWELVE SIXTY FIVE. THE VOTE
COUNTY IS THREE TO TWO. OF THE
CHAIR VOTING AYE PLEASE CALL THE
ABSENT MEMBERS HERTZBERG.
HERTZBERG AYE STERN.
BUT THE VOTE COUNT IS FORTY TO
THE BILL IS SAID A PROPER WILL
HOLD THE ROLE OPEN.
FILE ITEM FOURTEEN S. B.
FOURTEEN TWENTY FOUR THE VOTE
COUNT IS THREE TO ONE THE CHAIR
VOTING AYE PLEASE CALL THE
ABSENT MEMBERS. PER LOCK.
HERTZBERG. HERTZBERG AYE STERN
I'D FOUR TO ONE WILL HOLD THAT
RULE OPEN AND FOR ALL OF YOU WHO
HAVE. DIFFERENT.
WE ID THE CONSENT CALENDAR AND
WE WILL LAW.
STAY FOR ANOTHER FIVE MINUTES WE
SHOULD HAVE SENATOR STERN BACK
TO THANK YOU ALL VERY MCH FOR
YOUR PARTICIPATION AND WE WILL
ADJOURN IN MEMORY OF OUR FORMER
GOVERNOR
BECAUSE WE HAVE AN INTERNET ARE.
SO GOING TO GO THROUGH.
.
ARE ALL OF THE BILLS.
.
STARTING WITH THE CONSENT
CALENDAR THE CONSENT CALENDAR IS
THE SIX TWO ZERO PLEASE CALL THE
ABSENT MEMBERS.
STERN ACT STERN AYE RIGHT SEVEN
ZERO THE CONCERNED CALENDARS
OUT.
FILE ITEM ONE IS OUT SEVEN TWO
ZERO FILE ITEM. OF THREE OF THE
VOTE COUNT IS SIX A TWO ZERO
PLEASE CALL THE ABSENT MEMBERS
STERN. AYE STERN AYE SEVEN ZERO
THAT VILLAGE JUMPED.
FILE ITEM FOUR. OF THAT BILL IS
OUT SIX TO ONE.
FILE ITEM OF FIVE THOUGH THAT
VILLAGE OUT SIX TWO ZERO.
FILE ITEM SIX.
OF THE.
SIX SIX FILE ITEM SIX.
THE VOTE COUNT IS FOR TO ONE
PLEASE CALL THE ABSENT MEMBER.
BECAUSE OF MR NISHIMURO CONSOLE
AFTER.
COLUMN COLUMN ANYWAY HIM STORIES
THAT SINCE THE.
WHITE HOUSE KEY BILL. HOW I'M
SORRY IT'S MORNING FORGIVE ME
THIS IS A THIS IS A DOMESTIC
VIOLENCE POCKET PART THE VOTE
COUNT IS FOUR TO ONE? CHAIR
VOTING ON A PLEASE CALL THE
ABSENT MEMBERS PER LOCK.
STERN. STERN AYE ALRIGHT THE
BILL ITSELF FIVE TWO ONE.
NEXT UP IS FILE ITEM SEVEN THE
VOTE COUNT IS TO OUR EYES ONE
KNOW THE CHAIR VOTING NO.
PLEASE CALL THE ABSENT MEMBERS.
HERTZBERG MONNING STERN.
WIECKOWSKI.
ALRIGHT TO A TWO TO ONE THAT
VOTE FAILS.
FILE ITEM NINE SP TWELVE THIRTY
FIVE THE VOTE COUNT IS FOUR TO
ONE THE CHAIR VOTING ART PLEASE
CALL THE ABSENT MEMBERS.
FOR LOCKE.
STERN.
ALRIGHT THAT BILL WAS OUT FOR
TWO ONE.
MOVING ON NOW TO FILE ITEM TEN
S. B. TWELVE FORTY FOUR THE VOTE
COUNT IS SIX TO ZERO PLEASE CALL
THE ABSENT MEMBERS.
STERN. STERN AYE RIGHT SEVEN
ZERO THAT VOTERS SOUTH.
NEXT THE IS FILE ITEM ELEVEN S.
B..
TWELVE SIXTY FIVE THE VOTE COUNT
IS FOR TO TO CHAIR VOTING AYE
PLEASE CALL THE ABSENT MEMBERS
STERN.
FOR TO TO THAT BILL IS OUT.
FILE ITEM FOURTEEN S. B.
FOURTEEN TWENTY FOUR THE VOTE
COUNT IS FOUR TO ONE SHARE
VOTING AYE PLEASE CALL THE
ABSENT MEMBERS.
STERN STERN I FIVE TO ONE THAT
BILL IS OUT.
AND WE ARE. GOING TO ADJOURN IN
MEMORY OF THE LATE THE GOVERNOR
GEORGE DEUKMEJIAN WHO JUST
PASSED AWAY TODAY THE AGE OF
EIGHTY NINE.
WE ARE CURRENT