CALL THE ROLL.
JACKSON HERE JACKSON HERE FOR
JUST.
ORDERS HERE ALAN [inaudible]
CABALLERO. ZERO HERE MONNING.
MONNING HERE STERN -- BURKE.
NUMBER HERE WHITE HOUSE SKI.
ALL RIGHT WE DO HAVE A QUORUM --
AND IF WE COULD TRY TO KEEP.
THOSE STORES CLOSE TO THE EXTENT
WE CAN IT'S A SMALL ROOM IN THE
NOISE FROM OUTSIDE IS OFTEN A
VERY DIFFICULT.
TO WORK THROUGH -- WE DO HAVE
THREE ITEMS ON CONSENT.
I WILL LOVE IDENTIFY THOSE NOW
SO IF YOU'RE HERE ON A CONSENT
ITEM YOU'RE MORE THAN WELCOME TO
STAY BUT THESE ITEMS WILL BE
VOTED UPON WITHOUT -- ANY
OBJECTION OR FURTHER DISCUSSIONS
SO.
THEY ARE FILE ITEM THREE SB ONE
SEVENTY NINE BY SENATOR NIELSEN
FILE ITEM ELEVEN SB FIVE NINETY
ONE BY SENATOR GALGIANI.
AND SB SIX THIRTY NINE FILE ITEM
FIFTEEN BY SENATOR MITCHELL WITH
AMENDMENTS.
OSR MOTION ON THE CONSENT
CALENDAR.
ALL RIGHT THE MOTION TO APPROVE
THE CONSENT ITEMS MADAM
SECRETARY PLEASE CALL THE ROLL
JACKSON HI JACKSON HI PORCHES.
GORGEOUS HI ALAN.
CABALLERO CABALLERO HI MONNING
[inaudible]
STERN.
I'M BURKE.
NUMBER I Y. CASKEY. FOUR THE
BILL HAS A TO THE CONSENT
CALENDAR HAS -- FOR AYE VOTES
AND WE WILL KEEP THAT ROLE OPEN
FOR THE ABSENT MEMBERS.
LET'S MOVE TO THE OTHER MEASURES
ON TODAY'S AGENDA I WOULD NOTE
THAT I THINK EVERYONE IN THIS
ROOM EVERY MEMBER IN THE DíAS.
IS ALSO SITTING ON ANOTHER
COMMITTEE SO THERE WILL BE A LOT
OF PEOPLE GOING BACK AND FORTH.
IT IS IN NO WAY INTENDED AS AN
ITEM OF DISRESPECT.
BUT THEY HAVEN'T FIGURED OUT OF
CLONING MECHANISM YET THAT WE
WOULD APPROVE SO MANY OF US WILL
BE.
OF BACK AND FORTH WITH THAT WE
DO HAVE -- OTHER MEASURES TODAY
ON TODAY'S AGENDA WE GENERALLY
HERE THOSE MEASURES IN FILE
ORDER.
AND THE WAY THEY'RE HANDLED IT
IN THIS COMMITTEE IS WE INVITE
THE AUTHOR.
AND TWO WITNESSES TO THE FRONT
TIER OF THOSE WITNESSES ARE EACH
GIVEN TWO MINUTES A PIECE.
AND AFTER WHICH WE WILL THEN
INVITE ALL THOSE WHO ARE ALSO IN
SUPPORT OF THE MEASURE TO COME
UP TO THIS MICROPHONE.
AND TO IDENTIFY THEMSELVES BY
NAME AND AFFILIATION AND SIMPLY
REGISTER THAT THEY SUPPORT THE
BILL.
OF WE WILL THEN GO THROUGH THAT
SAME PROCESS WITH OPPOSITION TWO
WITNESSES TWO MINUTES EACH ALL
OTHER WITNESSES IN OPPOSITION
AGAIN WILL BE INVITED TO COME UP
TO THE MICROPHONE STATE THEIR
NAME AFFILIATION AND THEIR
OPPOSITION TO THE BILL.
WE HAVE A NUMBER OF BILLS ON
CALENDAR TODAY AND WE'RE GOING
TO TRY TO KEEP WITHIN THOSE
RULES -- AND I SEE THAT WE DO
HAVE SENATOR WIENER HERE TO
PRESENT HIS -- BILLS SO WE WILL
START WITH FILE ITEM ONE SB --
FORTY SENATOR WIENER PLEASE FEEL
FREE TO COME ON UP -- WITH YOUR
MAYOR GOOD GOOD AFTERNOON MADAM
MAYOR.
AND AGAIN TWO WITNESSES TWO
MINUTES EACH.
AND THEN AFTER BOTH SIDES HAVE
SPOKEN WE WILL OPEN THE
QUESTIONING UP FOR MEMBERSON
THE DIET SO.
SENATOR WIENER.
A GOOD AFTERNOON AND WELCOME
BACK WITH THE THE NEXT ITERATION
OF THIS ITEM.
THANK YOU VERY MUCH -- MADAM
CHAIR -- SOMETIMES IT TAKES A
FEW -- A FEW A FEW GOES OUT AND
SO WE'LL GET IT RIGHT THIS TIME
I KNOW -- AND I I'M I'M SURE I
WANT TO THANK YOU -- AND YOUR
STAFF -- PROFUSELY FOR WORKING
VERY VERY HARD WITH US -- TO
IMPROVE THIS BILL WERE VERY
APPRECIATIVE OF OF THAT WORK AND
AFTER I THINK IT IS A BETTER
BILL.
AS A RESULT OF THAT WORK.
SENATE BILL -- FIFTY IS AN
EFFORT TO ENSURE THAT -- BE
HOUSING CONSERVATORSHIP PILOT
PROGRAM THAT WE PASSED LAST YEAR
OF WHICH IS SB -- TEN FORTY FIVE
CAN BE -- IMPLEMENTED AS
EFFECTIVELY.
AS POSSIBLE IN ORDER TO SAVE
LIVES OF PEOPLE WHO ARE.
DYING ON OUR STREETS AND THAT'S
WHAT THIS IS ABOUT.
HI THIS IS ABOUT -- A LIMITED
NUMBER OF PEOPLE BUT PEOPLE WHO
ARE IN CRISIS ON OUR STREETS
SEWER.
A SEVERELY MENTALLY ILL SEVERELY
ADDICTED -- WHO ARE INCAPABLE OF
CARING FOR THEMSELVES AND WHO
ARE NOT CAPABLE OF ACCEPTING
VOLUNTARY SERVICES DESPITE MANY
EFFORTS TO OFFER VOLUNTARY
SERVICES?
IT IS NOT PROGRESSIVE OR
COMPASSIONATE -- TO ALLOW PEOPLE --
TO UNRAVELED TO DETERIORATE AND
ULTIMATELY TO DIE.
ON OUR STREETS THE PROGRESSIVE
AND COMPASSIONATE THING TO DO --
IS TO HELP THEM.
FIND TO BE CLEAR -- WE CURRENTLY
DO HAVE A CONSERVATORSHIP Là
PROGRAM THAT IS VERY ROBUST IN
CALIFORNIA -- AND IT'S CALLED
JAIL -- PEOPLE CYCLE THROUGH OUR
CRIMINAL JUSTICE SYSTEM -- MANY
INTERACTIONS WITH THE POLICE
WHEN WE SHOULD BE ACTUALLY
GETTING THEM IN THE HOUSING.
AND SERVICES AND HELPING THEM --
WE INITIALLY INTRODUCED US
SENATE BILL -- FORTY AS A VERY --
FOCUS BILL TO ADDRESS A COUPLE
OF ISSUES.
THAT WE NEEDED TO AFFECTS OFFER
MUST BE. TEN FORTY FIVE FIVE AND
THEN TO THE WORK OF THIS
COMMITTEE -- WE HAVE DONE SOME
RESTRUCTURING ON THE BILL -- AND
MADE IT EVEN MORE DUE PROCESS
HAVING THAN IT WAS BEFORE I SAY
HAVE BEEN A GOOD WAY -- AND TO
ENSURE THAT WE ARE TRULY
FOCUSING ON THE PEOPLE IN
GREATEST NEED.
THE BILL NOW SETS CLEAR
STANDARDS FOR INITIATING A
CONSERVATORSHIP RENEWING A
CONSERVATORSHIP IN FOR ENDING
THE CONSERVATORSHIP.
RECENT AMENDMENTS WOULD REQUIRE
NOTIFICATION OF A POTENTIAL
CONSERVATIVE.
BUT THERE SEVEN FIFTY ONE FIFTY
AND A TWELVE MONTH PERIOD
BECAUSE KEEP IN MIND THAT TO BE
ELIGIBLE FOR THIS
CONSERVATORSHIP.
YOU HAVE TO BE FIFTY ONE FIFTY
EIGHT TIMES.
IN A TWELVE MONTH PERIOD AFTER
NUMBER SEVEN YOU WOULD RECEIVE
OFFICIAL NOTICE THAT THE NEXT
ONE COULD RESULT IN A
CONSERVATORSHIP.
THE BILL REQUIRES PARTICIPATING
COUNTIES -- TO MAKE CONCERTED
EFFORTS TO EMPLOY VOLUNTARY
SERVICES -- BEFORE THE EIGHTH
FIFTY ONE FIFTY HAPPENS THAT WAS --
WE HAD -- LANGUAGE THAT AFFECTED
SB TEN FORTY FIVE IT'S NOW EVEN
CLEARER.
THE AMENDMENTS ALSO CREATE THE
OPTION FOR COUNTY -- TO PURSUE A
TWENTY EIGHT DAY TEMPORARY
CONSERVATORSHIP AFTER THE A
FIFTY ONE FIFTY WHICH COULD BE
THE MORE APPROPRIATE OPTION IN A
GIVEN CIRCUMSTANCE RATHER THAN
GOING IMMEDIATELY TO THE
PERMANENT.
CONSERVATORSHIP.
SB FORTY CLARIFIES THE LEGAL
PROCESS FOR CONSIDERING THE USE
OF ASSISTED OUTPATIENT TREATMENT --
AND DETERMINING ITS
APPLICABILITY TO POTENTIAL
CONSERVATIVES RECOGNIZING THAT
NOT EVERYONE IS MAD AN
APPROPRIATE.
CANDIDATE MEDICALLY ASSISTED
OUTPATIENT TREATMENT A WE DON'T
WANT TO FORCE COUNTIES TO TRY TO
PUT SOMEONE INTO A T. WHEN IT IS
MEDICALLY INAPPROPRIATE.
AND IN RECENT AMENDMENTS ARE
ALSO REQUIRE THE IN ADDITION TO
SHORTENING THE CONSERVATORSHIP
FROM A YEAR TO SIX MONTHS.
ALSO REQUIRES.
A STATUS REPORT FOR EACH
CONSERVANCY TO THE CORE EVERY
SIXTY DAYS -- TO MAKE SURE THAT
IF SOMEONE IS RECOVERING --
BEING CONSIDERED TERMINATING THE
CONSERVATORSHIP EARLIER.
WHEN WE VERY VERY CLEAR ON THAT
I UNDERSTAND AND I RESPECT THE
OPPOSITION TO THIS BILL?
THIS IS A TOOL OF LAST RESORT.
THIS IS FOR PEOPLE WERE OTHER
TOOLS HAVE FAILED.
AND WE WANT TO SAVE PEOPLE'S
LIVES I AM A STRONG SUPPORTER OF
FUNDING VOLUNTARY SERVICES I
CAST MANY VOTES AS A MEMBER OF
THE SAN FRANCISCO BOARD OF
SUPERVISORS.
AND AS A SENATOR TO SUPPORT
INCREASED SERVICES THAT ARE
VOLUNTARY IN NATURE -- AND THIS
BILL IN THIS PILOT PROGRAM WILL
NOT SUPPLANT THOSE VOLUNTARY
EFFORTS -- FOR ME THIS IS ABOUT
HELPING THOSE WHO ARE TRULY AT
THE END OF THE ROAD AND WE WANT
TO SAVE THEIR LIVES.
SO I RESPECTFULLY ASK FOR AN AYE
VOTE.
AND WITH ME TODAY TO TESTIFY HI
IN SUPPORT OF THE BILL IS THE
MAYOR OF SAN FRANCISCO LONDON
BREED.
THANK YOU AND WELCOME MADAM
MAYOR WE'RE DELIGHTED YOU'RE
HERE AND THANK YOU FOR YOUR HARD
WORK ON THIS BILL AS WELL.
THANK YOU VERY MUCH CHAIR
JACKSON AND THANK YOU TO ALL THE
MEMBERS OF COMMITTEE TODAY FOR
ALLOW ME AN OPPORTUNITY TO SPEAK
ABOUT SOMETHING THAT WE KNOW.
IS A CRITICAL ISSUE FACING
ESPECIALLY MANY OF OUR MAJOR
CITIES.
THROUGHOUT THE ENTIRE STATE OF
CALIFORNIA THANK YOU SENATOR
WINNER FOR YOUR CONTINUED
EFFORTS TO ASSIST US IN
ADDRESSING -- WHAT WE KNOW IS A
REAL CRISIS A CRISIS AROUND
HOMELESSNESS A MENTAL HEALTH --
CHALLENGES AND SUBSTANCE USE
DISORDER AND THERE ARE A NUMBER
OF INDIVIDUALS THAT WE KNOW WHO
ARE SUFFERING FROM A COMBINATION
OF ALL THREE WHICH IS WHAT
BRINGS US HERE TODAY. FOR PEOPLE
WHO ARE EXPERIENCING JUST ONE OF
THESE PARTICULAR SYMPTOMS IT IS
CHALLENGING ENOUGH BUT FROM
SOMEONE WHO'S EXPERIENCING ALL
THREE IT IS BEEN A REAL PROBLEM
IN SAN FRANCISCO.
THE REALITY IS SAD REPEATING THE
CYCLES WHERE PEOPLE ARE LIVING
ON THE STREETS CYCLE GOING IN
AND OUT OF OUR EMERGENCY ROOMS.
AND IN AND OUT OF OUR JAILS OVER
AND OVER AGAIN.
THIS IS AN ISSUE THAT WE
CONTINUE TO STRUGGLE WITH AND
WHEN I WAS A MEMBER OF THE BOARD
OF SUPERVISORS THERE WERE A
NUMBER OF PEOPLE IN MY DISTRICT.
THAT WE SPECIFICALLY TRIED TO
HELP WITH VERY LIMITED TOOLS TO
ADDRESS WHAT WE KNOW IS A REAL
CHALLENGE ONE GENTLEMAN IN
PARTICULAR.
HE WAS WELL KNOWN TO ALL THE
NEIGHBORS ALL THE MERCHANTS ALL
OF US THE POLICE WE ALL DID OUR
VERY BEST TO TRY AND ASSIST HIM.
BUT SADLY HE'S STILL OUT IN THE
COMMUNITY HE STILL CONTINUES TO
STRUGGLE AND IN FACT WHEN HE
GETS IS TACK AT THE BEGINNING OF
THE MONTH HE HAS MONEY GETS
TAKEN BY SOME OTHER INDIVIDUALS
IN THE NEIGHBORHOOD.
HE HAS SERIOUS PROBLEMS AND THIS
PARTICULAR BILL I'M FIGHTING
REALLY HARD BECAUSE I WANT TO
SEE HIM GET THE HELP AND THE
SUPPORT THAT HE NEEDS -- BUT THE
REALITY IS THAT YOU KNOW MANY OF
THE PEOPLE THAT WE ARE TRYING TO
HELP THEY DON'T NECESSARILY.
HAVE THE GUARDIANS THEY DON'T
NECESSARILY MAYBE HAVE THE
FAMILY SUPPORT -- AND SO WE WERE
VERY LIMITED AND GETTING THIS
PARTICULAR INDIVIDUAL SUPPORT.
SO THE ISSUES THAT HE WAS
CLEARLY STRUGGLING WITH WENT
UNTREATED AND IS CONTINUING HIS
CONDITION CONTINUES. TO
DETERIORATE.
IT'S BEEN HEARTBREAKING BECAUSE
IT WAS CLEAR TO EVERYONE THAT'S
INVOLVED THAT HE NEEDED HELP.
AND WE ARE NOT ABLE TO USE
ANYTHING THAT EXISTS IN TERMS OF
THE LAW TO HELP HIM OTHER THAN
WHAT WE'RE HOPING -- WILL HELP --
IN THIS PARTICULAR BILL TODAY.
THIS IS HAPPENING EVERY DAY WITH
PEOPLE ALL OVER THE CITY AND ITS
ON HEALTHY AND IT DOES NOT
ADDRESS.
THE ROOT CAUSES AB PLAY IT
ALLOWS THEIR CONTINUED
CONDITIONS TO CONTINUE TO
DETERIORATE.
AND IT PLACES A TREMENDOUS
FINANCIAL RESTRAINTS ON OUR
RESOURCES IN THE CITY.
NOW WE KNOW THAT SB TEN FOUR
FIVE HELPS ADDRESS A CRITICAL
NEED IN SAN FRANCISCO BECAUSE IT
DOES OFFER A WAY TO HELP SOME OF
OUR MOST VULNERABLE RESIDENTS.
THIS COULD HAPPEN TO ANY OF OUR
FAMILY MEMBERS FRIENDS OR
OURSELVES AT ANY GIVEN TIME BUT
OUR CURRENT LAWS MAKE IT NEARLY
IMPOSSIBLE TO GET THOSE
INDIVIDUALS STABILIZED.
AND HEALTHY FOR THE LONG TERM
AND I KNOW THAT IF IT WERE ME
STRUGGLING WITH SEVERE MENTAL
ILLNESS AND SUBSTANCE USE
DISORDER I WOULD WANT SOMEONE TO
STEP IN AND HELP.
ME GT THE SUPPORT THAT I NEED
AND THE LAST NUMBER OF MONTHS AS
WE'VE WORKED ON IMPLEMENTING SB
TEN FOUR FIVE WE'VE IDENTIFIED A
FEW AREAS OF THAT BILL.
THAT NEEDS SOME ADJUSTMENTS IN
TO ENSURE THAT WE CAN SERVE THE
POPULATION THAT THE ORIGINAL
BILL WAS INTENDED TO SERVE.
SB FORTY ADVANCES THOSE
ADJUSTMENTS AND TO BE CLEAR SB
FORTY DOES NOT EXPAND THE
POPULATION OF INDIVIDUALS
ELIGIBLE FOR A HOUSING
CONSERVATIVES.
IN SAN FRANCISCO THAT NUMBER
WOULD REMAIN THE FIFTY TO
SEVENTY FIVE PEOPLE THAT WE WANT
TO HELP INCLUDING THIS
INDIVIDUAL THAT I AM SO
DESPERATE TO ENSURE.
THAT HE GETS THE SUPPORT AND THE
HOUSING THAT HE NEEDS TO THRIVE
IN OUR CITY.
RATHER THIS BILL REINFORCES THE
ORIGINAL INTENT OF SB TEN FOUR
FIVE THERE'S A CORE POPULATION
OF INDIVIDUALS WHO WE CAN'T HELP
TODAY WE WANT TO HELP THROUGH A
HOUSING CONSERVATORSHIP.
AND SB FORTY WILL HELP ENSURE
THAT WE CAN REACH THEM AS
DRAFTED TODAY AS BE TEN FOUR
FIVE WOULD ALLOW US TO HELP
FEWER THAN.
FIVE INDIVIDUALS NOW I
UNDERSTAND THAT THE OTHER PILOT
COUNTIES HAVE IDENTIFIED SIMILAR
SMALL NUMBERS AND OUR CITY HAS A
LONG HISTORY.
OF PROVIDING COMPASSIONATE CARE
AND I DON'T TAKE.
YOU KNOW THE LIGHTLY THE IDEA OF
LIMITING SOMEONE'S CIVIL
LIBERTIES AND I KNOW THAT ALL OF
YOU DON'T TAKE THAT LIGHTLY
EITHER.
WE SHOULD ALWAYS TRY TO HELP
PEOPLE IN THE LEAST RESTRICTIVE
WAYS AND IT IS OUR MORAL
OBLIGATION TO DO JUST THAT.
BUT WHEN PEOPLE DON'T ACCEPT OUR
HELP AND THE ALTERNATIVE IS THAT
THEY MAY DIE ON OUR STREETS THEN
IT'S REALLY OUR OBLIGATION TO
STEP IN.
I'M HERE BECAUSE WE HAVE A
CHANCE TO MAKE A MEANINGFUL
DIFFERENCE BY PROVIDING MUCH
NEEDED SERVICES TO OUR HARDEST
TO REACH POPULATION WHETHER IT'S
LIVES OF SAN FRANCISCANS OR JUST.
ONE I WANT TO MAKE SURE THAT WE
ARE EFFECTIVE IN DELIVERING THE
KIND OF SUPPORT THAT WILL MAKE A
DIFFERENCE OR WE CAN FEEL A
DIFFERENCE ON OUR STREETS AND
THOSE PERSONS COULD LIVE AND
THRIVE IN SAN FRANCISCO.
AND I AM HOPEFUL THAT THIS
COMMITTEE WILL SUPPORT SB FORTY
AND AGAIN I WANT TO THANK YOU
FOR THE OPPORTUNITY TO TALK
ABOUT.
THIS VERY CRITICAL ISSUE THIS IS
JUST THE FIRST STEP IN SEOUL
MUCH MORE THAT WE NEED TO DO IN
THIS STATE TO ADDRESS MENTAL
HEALTH REFORM SO THAT WE CAN
REALLY BEGAN TO HELP PEOPLE EVEN
BEFORE THEY GET TO SUCH A DIRE.
SITUATION ON OUR STREETS THANK
YOU ALL SO MUCH.
THANK YOU MADAM MAYOR AND TO
OTHER ANY OTHER WITNESSES OF
RIVER.
TELL YOUR MOTOR FROM SAN
FRANCISCO DEPARTMENT OF PUBLIC
HEALTH WHO WILL BE BRIEF.
YES PLACER WE GAVE A LITTLE
CONSIDERATION THE FACT THAT WE
HAD THE MAYOR HERE BUT PLEASE IF
YOU KEEP IT TO TWO MINUTES FOR
LESS THANK YOU.
AND GOOD AFTERNOON SURE JACKSON
COMMITTEE MEMBERS MY NAME IS
KELLY HERE MOTO I'M THE DIRECTOR
SAN FRANCISCO HEALTH NETWORK
TRANSITIONS WITH SAN FRANCISCO
DEPARTMENT OF PUBLIC HEALTH.
MY TEAM IS RESPONSIBLE FOR BURKE
FOR PROVIDING APPROPRIATE
PLACEMENT FOR INDIVIDUALS WERE
PLACED ON CONSERVATORSHIP OR DO
NOT HAVE A PLACE TO GO AFTER
LEAVING THE HOSPITAL.
A SERVICES GOES BEGAN TO
IMPLEMENT THE NEW HOUSING
CONCERT SHIP ESTABLISHED UNDER
SB TEN FORTY FIVE WE'VE
ENCOUNTERED CHALLENGES THAT ARE
IMPACTING OUR ABILITY TO REACH
THE SUBSET OF THE POPULATION IS
MOST IN NEED.
THE AMENDMENTS PER A PROPOSED IN
SB FORTY WILL HELP US REACH THE
DISTINCT AT RISK POPULATION
UNABLE TO ENGAGE INVOLUNTARY
SERVICES AND SO REMAIN SUFFERING.
OUT OF CARE I'D LIKE TO OFFER AN
EXAMPLE OF SOMEONE IN THIS
SITUATION MISS SMITH IS A THIRTY
EIGHT YEAR OLD WOMAN WHO IS A BI
POLAR DEPRESSION DIAGNOSIS IS AN
ACTIVE USER OF METHAMPHETAMINES.
SHE SMOKES INJECTS DRUGS IN
PUBLIC VERBALLY ABUSES PEOPLE AS
THEY PASSED BY HAS VISIBLE OPEN
WOUNDS IN STORES AND AS HOSTILE
OUT REACH TEAMS IN THE PAST
MONTH SHE'S HAD TWO VISITS TO
PSYCHIATRIC EMERGENCY IN ONE
VISIT TO THE EMERGENCY ROOM.
DURING A RECENT FIFTY ONE FIFTY
HOLD SHE WAS AGITATED
THREATENING AND HAD PARANOID
DELUSIONS OF HARM HER CASE WAS
PRESENTED AT A FIFTY TO FIFTY
PROBABLE CAUSE HEARING BUT
DENIED BECAUSE SHE DIDN'T NOT
PRESENT AS AN IMMEDIATE DANGER
TO HERSELF OR OTHERS AT THE TIME.
AND WAS NOT DEEMED GRAVELY
DISABLED.
SHE WAS ABLE TO STAY WHERE SHE
GOES FOR FOOD AND SHELTER AND
THAT SHE WANTED TO BE OUT OF THE
HOSPITAL SHE'S GIVING
MEDICATIONS OFFERED REFER ON
RECONNECTION WITH COMMUNITY
PROVIDERS. FOUR DAYS LATER SHE
WAS BACK IN PSYCHIATRIC
EMERGENCY FOR HAVING ADDRESSED
IN PUBLIC WALKED INTO TRAFFIC
AND ACTED AGGRESSIVELY TOWARDS
CARS AND PEDESTRIANS.
UNFORTUNATELY I COULD SHARE MORE
EXAMPLES LIKE THIS INCLUDING
ONES OF AGING INDIVIDUALS WHO
HAVE SERIOUS MENTAL ILLNESS
SUBSTANCE USE DISORDERS AND
OTHER CONDITIONS LIKE DIABETES
OR HIV.
SERVICES GO HAS A LONG HISTORY
OF PROVIDING COMPASSIONATE KAREN
FOLLOWING A RECOVERY ORIENTED
MODEL THE CITY CONVENES
INTERAGENCY WORK GROUPS TO
CREATE CARE PLANS FOR THE
HIGHEST UTILIZES OF SYSTEMS.
AND SOME AMONG THIS GROUP HAVE
BEEN KNOWN TO THE CITY FOR YEARS
WE'VE NOT BEEN ABLE TO HELP THEM
STABILIZE THEIR ABILITY FOR SELF
CARE HIS DETERIORATED OVER TIME
AND THEY'RE NOT IN A PLACE WHERE
THEY WILL ACCEPT VOLUNTARY
SERVICES.
SB FORTY AMENDMENTS WILL HELP US
REACH CLIENTS LIKE MISS SMITH
WHO DO NOT MEET CRITERIA FOR
ASSISTED OUTPATIENT THERAPY BUT
NEED ASSISTANCE TO GET TO A
BETTER PLACE THANK YOU.
THANK YOU VERY MUCH ARE THERE
OTHER WITNESSES HERE IN SUPPORT
ANY OTHER WITNESSES IN SUPPORT.
IF YOU COME TO THE MICROPHONE
GIVE US YOUR NAME.
AFFILIATION AND INDICATE YOUR
SUPPORT.
MADAM CHAIR AND MEMBERS SYLVIA
SOLELY SHAUN BEHALF OF THE CITY
OF SANTA MONICA AND STRONG
SUPPORT WE WANTED THINK SENATOR
WIENER AND MAYOR BREED FOR
CONTINUING TO WORK ON THIS ISSUE
THANK YOU.
THANK YOU AND THE REPRESENTATIVE
SANTA MONICA'S PROBABLY RIGHT
ACROSS THE WAY AND NATURAL
RESOURCES IF YOU WANT TO REMIND
AMIR HERE I'M SURE THAT WOULD BE.
A NICE GESTURE.
ANY OTHER WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
HI IT IS INACCESSIBLE MIKE FOR
WOULD YOU PREFER THAT USE THAT.
ONE WORK.
THANK YOU THAT'S VERY GOOD
AFTERNOON GOOD AFTERNOON CHAIR
JACKSON MEMBERS OF THE COMMITTEE.
MY NAME IS JESSICA LEHMAN I'M
EXECUTIVE DIRECTOR OF SAN
FRANCISCO SENIOR AND DISABILITY
ACTION.
AND WE'RE PART OF THE VOLUNTARY
SERVICES FIRST COALITION I'M
WHICH IS A COALITION OF OVER TWO
DOZEN COMMUNITY ORGANIZATIONS
WHO OPPOSE THE EXPANSION OF
CONSERVATORSHIP IN THIS WAY
UNDER.
SB TEN FORTY FIVE AND WE OPPOSE
SB.
FORTY AND THESE GROUPS INCLUDE
THE ACLU DISABILITY RIGHTS
PROGRAM THE COALITION ON
HOMELESSNESS MENTAL HEALTH
ASSOCIATION OF SAN FRANCISCO
GRAY PANTHERS MANY MORE.
AND HIS BASICALLY ALL COMMUNITY
GROUPS THAT ARE WORKING WITH
HOMELESS PEOPLE PEOPLE OF MENTAL
HEALTH CONDITIONS AND AND PEOPLE
WITH DISABILITIES AND THAT'S
REALLY IMPORTANT TO KNOW THAT
THERE IS A SPLIT RIGHT NOW
BETWEEN THE ELECTED LEADERSHIP.
IN SAN FRANCISCO AND THE
COMMUNITY AS FAR AS WHETHER THIS
IS THE RIGHT APPROACH OR NOT.
OUR COALITION IS NOT OPPOSED TO
CONSERVATORSHIP AS IT CURRENTLY
EXISTS.
WE ARE OPPOSED TO THIS
PARTICULAR EXPANSION THE MAJOR
REASON IS THAT SERVICES ARE NOT
AVAILABLE VOLUNTARILY ALL OF OUR
ORGANIZATIONS ON THE GROUND HERE
EVERY DAY FROM PEOPLE WHO CANNOT
GET ACCESS TO HOUSING.
ONCE A MENTAL HEALTH SERVICES
THERE ARE THOUSANDS OF PEOPLE
WAITING FOR HOUSING THERE ARE
PEOPLE WAITING FOR MENTAL HEALTH
SERVICES.
A BEHAVIORAL HEALTH AUDIT AND
SAN FRANCISCO IN TWENTY
SEVENTEEN SHOWED THAT 40% OF
PEOPLE ARE RELEASED FROM
PSYCHIATRIC EMERGENCY SERVICES
WITH NO REFERRALS.
WE ALSO HAVE A DESPERATE NEED
FOR INTENSIVE CASE MANAGEMENT
NOT JUST SOMEBODY WHO'S IN AN
OFFICE WHO HAS AN APPOINTMENT
WITH SOMEBODY WHO'S ABLE TO GET
THERE.
BUT SOMEBODY WHO WILL GO OUT AND
FIND SOMEONE WHERE THEY ARE
MAYBE TWO OR THREE TIMES A DAY
IF NEEDED AT NIGHT ON WEEKENDS
TO FOLLOW UP WITH THE PERSON. TO
BUILD A RELATIONSHIP AND BUILD
TRUST WITH SOMEBODY WHO HAS BEEN
ABUSED BY THE SYSTEM SOMEONE WHO
DOESN'T TRUST AUTHORITY.
WE HAVE SEEN THIS WORK IN OTHER
CITIES WHERE YOU CAN GET THE
PERSON TO ACCEPT SERVICES.
WE ALSO CAN'T SAY THE PEOPLE ARE
INCAPABLE OF ACCEPTING SERVICES
WHEN WE KNOW SO MANY PEOPLE HAVE
NOT BEEN OFFERED SERVICES.
AND SOME PEOPLE WHO HAVE BEEN
OFFERED SERVICES HAVEN'T BEEN
OFFER THEM IN A COORDINATED WAY
IF YOU GET OUT OF A SUBSTANCE
USE PROGRAM BUT YOU STILL DON'T
HAVE HOUSING HOW ARE YOU GOING
TO BE ABLE TO STAY OFF DRUGS WE
DON'T HAVE A SYSTEM THAT WORKS
FOR PEOPLE.
WE'VE HAD MILLIONS OF DOLLARS IN
CUTS TO MENTAL HEALTH SERVICES
AND THOSE NEED TO BE RESTORED WE
NEED TO BE PUTTING OUR MONEY
INTO VOLUNTARY SERVICES.
BEFORE WE PUT MONEY INTO AN
EXTRA ADMINISTERED
ADMINISTRATIVE PROGRAM LAKE THIS.
WE ALSO KNOW THAT IF SERVICES
ARE NOT AVAILABLE IT'S
IMPOSSIBLE TO GET CAN SERVICE
PEOPLE INTO SERVICES WITHOUT
DISPLACING OTHERS WHICH MAKES IT
IMPOSSIBLE TO IMPLEMENT THIS AND
SAN FRANCISCO.
THE SAN FRANCISCO BOARD OF
SUPERVISORS HAS NOT VOTED TO
IMPLEMENT SB TEN FORTY FIVE AND
SO WE THINK IT'S PREMATURE TO
LOOK AT AMENDING IT WITH SB.
FORTY WE'RE ALSO CONCERNED WITH
THE INCREASED INVOLVEMENT OF
POLICE AND BY TYING
CONSERVATORSHIP TO THE FIFTY ONE
FIFTY PROCESS THERE'S A LOT OF
ANTI HOMELESS SENTIMENT IN SAN
FRANCISCO RIGHT NOW THERE'S A
DESIRE TO GET PEOPLE OFF THE
STREETS.
AND THIS IS THE WRONG WAY TO DO
IT WE DESPERATELY NEED SOME
PROTECTIONS AND SB TEN FORTY
FIVE WAS AMENDED. TO ADD SOME OF
THOSE PROTECTIONS THANKS TO YOUR
COMMITTEE ON OTHERS.
AND ASSISTED OUTPATIENT
TREATMENT IS ONE OF THOSE WE
DON'T BELIEVE THAT WE SHOULD
CHANGE THE PROCESS WHERE THE
CITY CAN DECLARE THAT A PERSON
DOESN'T FIT A. O. T..
RATHER THAN GOING THROUGH THE
PROCESS SO WE URGE YOU TO TWO
POTS ON THIS LET SAN FRANCISCO
LOOK AT WHAT CAN WE DO TO MAKE
SURE PEOPLE GET THE SERVICES
THAT THEY NEED.
IN A WAY THAT RESPECTS THEIR
AGENCY THEIR SELF DETERMINATION
AND IS MORE EFFECTIVE IN THE
LONG RUN THAN INVOLUNTARY
TREATMENT.
AND PLEASE VOTE NO ON SB FORTY
THANK YOU THANK YOU VERY MUCH
NEXT WITNESS IF YOU COULD BE.
PLEASE.
THANK YOU COMMITTEE MY NAME'S DE
ANDRE DAVIS I'M A SUPERVISING
PUBLIC GUARDIAN -- AND US SMALL
SPECIALIZED STATEWIDE -- WORK
FORCE OF INDIVIDUALS WHO ENGAGE
THESEVERELY AND PERSISTENTLY
MENTALLY ILL POPULATION -- MANY
OF WHOM ARE EXPERIENCING
HOMELESSNESS -- INTO INVOLUNTARY
TREATMENT -- UNDER THE O. P. S.
ACT.
I'M HERE TODAY ON BEHALF OF SEIU
CALIFORNIA WHICH REPRESENTS NOT
ONLY PUBLIC GUARDIANS.
BUT ALSO FRONT LINE HOMELESS
OUTREACH AND BEHAVIOR HEALTH
WORKERS WHO PROVIDE CASE
MANAGEMENT AND DIRECT SERVICES
TO INDIVIDUALS.
EXPERIENCING HOMELESSNESS MENTAL
ILLNESS.
OR WHO ARE LIVING WITH SUBSTANCE
ABUSE DISORDERS.
IT IS BECAUSE OF OUR DIRECT
EXPERIENCE WITH THESE
POPULATIONS THAT WE ORIGINALLY
OF POLLS SB.
FORTY WE'RE GRATEFUL TO THE
AUTHOR AND AND THIS COMMITTEE.
FOR IMPROVING SB FORTY BY
REMOVING THE LANGUAGE THAT WOULD
ALLOW. FOR CONSERVATORSHIP BASED
SOLELY ON SUBSTANCE USE
DISORDERS.
CONSERVATORSHIP TO THE POWERFUL
TOOL -- THAT CAN WORK WELL WHEN
WHEN THE APPROPRIATE RESOURCES
ARE ARE AVAILABLE TO OUR OUR
POPULATION.
HOWEVER IS NOT A SOLUTION THAT
ELVES OUR STATE.
WE CONTINUE TO HAVE CONCERNS
WITH THE CHANGE.
WITH THE CHANGE SB TEN FORTY
FIVE PILOT AUTHORIZED LAST YEAR.
AND LAID OUT IN SB.
FORTY FIRST THE BILL STILL
REMOVES THE REQUIREMENT FROM
LAST YEAR'S INDIVIDUAL.
LAST YEAR THE INDIVIDUALS GO TO
LAURA'S LAW.
FIRST.
IF THAT PEACE IS STILL MISSING
THE INTENT TO FOCUS ON
COMPULSORY S. UT TREATMENT AT
SOME POINT.
IF SO WE ARE CONCERNED ABOUT THE
INVENTORY OF SERVICE OF THE THE
INVENTORY OF SERVICES.
LOOKS LIKE THAT.
THAT IS INTENDED FOR THE
POPULATION AND WHAT WOULD LIKE.
AND WHAT IT WOULD LOOK LIKE
THROUGH STEP DOWN TO LOWER
LEVELS OF CARE.
WE CONTINUE TO HAVE CONCERNS
WITH THE QUESTIONABLE
THERAPEUTIC VALUES OF COMPOSED
SOARING -- AS HE TREATMENT IN
THE ABSENCE OF A SERIOUS
PERSISTENTLY MENTALLY ILL.
COR MOBILITY IF YOU IF YOU COULD
WRAP IT UP PLEASE.
I LIKE TO SPEAK FROM PERSONAL
EXPERIENCE -- TO THE CHALLENGES
ASSOCIATED WITH THE PLACEMENTS
AND THE BAD TO THIS POPULATION --
CERTAIN SERVICES SUCH AS OUR
INVOLUNTARY DRUG TREATMENT THOSE
SERVICES THOSE ARE FACILITIES
CURRENTLY DO NOT EXIST
[inaudible]
THANK YOU.
THANK YOU VERY MUCH I APPRECIATE
YOUR TESTIMONY THANK YOU VERY
HELPFUL I'M SURE AND I SUSPECT
THE MAYOR'S LISTEN CAREFULLY --
BECAUSE WHAT YOU'RE TALKING
ABOUT IS THERE'S JUST A LACK OF
MENTAL HEALTH SERVICES -- FOR
ALL THE PEOPLE ACROSS THE
VARIOUS -- SPECTRUMS -- AND I'M
SURE THAT THAT WAS FOR BY BOTH
THE SENATOR AND AND THE MAYOR
AND I THINK THROUGHOUT THE STATE
OF CALIFORNIA -- SO OTHER
WITNESSES OTHER WITNESSES IN
OPPOSITION IF YOU COME FORWARD
PLEASE THE MICROPHONE WITH YOUR
NAME AFFILIATION AND STATED
OPPOSITION.
BUT A TRACKER CHILD DISABILITY
RIGHTS CALIFORNIA WE REMAIN
OPPOSE FOR THE REASONS THAT
WE'VE STATED ALL ALONG AND
PARTICULARLY AS THE THIS BILL
WAS AN EFFORT TO UNDO.
A. O. T. AS A ESSENTIAL PART OF
TEN FORTY FIVE ALL ALONG AND AND
SO ALTHOUGH THERE WAS
SIGNIFICANT PROGRESS MADE WE
APPRECIATE THAT PART STILL --
LEAVES US WITH -- OUR OPPOSITION
AND VERY MUCH THANKS TO THE
STAFF AND TO THE AUTHOR FOR THE
WORK YOU DID BRING THE SALON
THANK YOU VERY MUCH. TEN FLORA
BEHALF OF WESTERN CENTER ON LAW
AND POVERTY ALSO IN OPPOSITION
TO ECHOING THE SAME SENTIMENTS
AND APPRECIATE THE WORK OF THE
STAFF.
JOINT VENTURE MEMBERS KEVIN
BECAUSE THEY'RE CONSERVE
LIBERTIES UNION A CALIFORNIA
ALSO REGRETTABLY STILL OPPOSE
THANK YOU THANK YOU.
DAVID WILLIAMS MEMBER OF THE
CALIFORNIA WINES FOR RETIRED
AMERICANS AND AS HE ARE YOU WE
BOTH OPPOSE THANK YOU THANK YOU.
MADAM CHAIR AND MEMBERS I'M FOR
ADVOCATING ON BEHALF OF THE
CALIFORNIA STATE ASSOCIATION OF
COUNTIES I AM A WHAT WE CALL A
TWEENER WE DO NOT HAVE AN
OFFICIAL SUPPORT OR OPPOSE
POSITION YET WE DO HAVE CONCERNS
BUT THE AMENDMENTS AND THE WORK
THAT THE COMMITTEE AND AUTHOR
HAS.
DONE SO FAR IS GREAT PROGRESS AS
A WILL CONTINUE TO EVALUATE THE
BILL AS IT MOVES FORWARD THANK
YOU.
THANK YOU VERY MUCH AND BEFORE
WE GET TO THE QUESTIONS FROM THE
MEMBERS -- THAT WAS A LOT OF
DISCUSSION ABOUT WHAT THE BILL
WAS LAST YEAR WE'VE MADE --
WORKING CLOSELY WITH THE
COMMITTEE STAFF AND THE AUTHOR
AND VARIOUS INTEREST GROUPS
THERE HAVE BEEN.
SOME SIGNIFICANT CHANGES MADE TO
THIS LEGISLATION TO TRY TO
PROTECT.
OF IN TO PRESERVE THE LPS
PROCESS WHICH IS
CONSTITUTIONALLY MANDATED -- THE
CONCERNS ABOUT THE LOWER IS LAW
IN THE A. O. T. EFFORT I THINK
WE HAVE ADDRESSED AT LEAST IN
MAJOR PORTION AND I DO KNOW THE
AUTHOR IS.
PREPARED TO CONTINUE THE
CONVERSATIONS HERE THE BILL ADD
SODIUM MOST RECENT AMENDMENTS
WHICH ARE NOW ACTUALLY
INCORPORATED INTO THE BILL.
ADD AN OBJECTIVE STANDARD IF THE
COUNTY BEHAVIORAL HEALTH
DIRECTOR DOES NOT SEEK A QUARTER
FOR THE FOR NAY -- T. -- AND
AGAIN THAT IS A PREREQUISITE TO
A HOUSING CONSERVATORSHIP UNDER
SB.
TEN FORTY FIVE THE PRIOR VERSION
OF SB A FORTY WOULD HAVE LET THE
DIRECTOR MAKE A DETERMINATION
WITHOUT ANY ACCOUNTABILITY THAT
WAS NOT ACCEPTABLE SO WE'VE
ADDED OBJECTIVE FACTORS TO THAT.
I THAN COULD GO INTO DETAIL ITEM
BY ITEM BY ITEM -- LET ME JUST
SUGGEST THAT THIS IS STILL A
WORK IN PROGRESS BUT I WOULD SAY
THAT -- THAT THE AMENDMENTS THAT
HAVE BEEN TAKEN THE WORK THAT'S
BEEN DONE I THINK.
WE'LL PUT THIS IN A POSITION
THAT IT DOES -- ADEQUATELY
ADDRESS LPS ISSUES AND LIKE SO
MUCH OTHER WONDERFUL WORK WE DO
IT IF THE OPPOSITION ISN'T
PLEASE WITH THAT THEY'LL.
THEY'LL BRING.
IN ALL SUIT AND WILL END UP
PERHAPS AGAIN WITH THE STATE
SUPREME COURT MAKING THAT
DECISION BUT I THINK UNDER THE
CIRCUMSTANCES YOU'VE DONE A A
VERY FINE JOB MAKING THIS.
A MUCH LESS HARPER AND THEN I
FELT LAST YEAR WHEN WE DID AGREE
TO MAKE THIS A PILOT BUT I THINK
THIS DOES.
IMPROVE UPON IT AND A WE HAVE A
MORE EFFECTIVE AND MORE
CONSTITUTIONAL FRAMEWORK.
AS FAR AS THE COMMENTS ABOUT
MENTAL HEALTH AND I APPRECIATE
HER FOR THE MAYOR SAY THE SAME
THING.
WE'RE NOT DOING AN ADEQUATE JOB
ON DEALING WITH MENTAL HEALTH
PERIOD.
WHETHER IT'S OUR YOUNGSTERS WHO
ARE OUT THERE ARE EXPRESSING
SUICIDAL IDEATION AT THE AGES OF
NINE TO THOSE WHO ARE IN THEIR
EARLY AND PRETEEN YEARS
COMMITTING SUICIDE.
A TO OUR COLLEGE STUDENTS AND
THOSE OF OUR YOUTH THE THE WHOLE --
MENTALITY.
ALL OF OUR POPULATION HIT HIS
SUFFERING FROM SEVERE.
STRESS AND AND EVEN MENTAL
HEALTH ISSUES AND IT IS.
ABOUT TIME WE TOOK THIS IS A
VERY VERY SERIOUS A PUBLIC
HEALTH PROBLEM.
THAT BEING SAID THOUGH THERE ARE
SOME PEOPLE WHO ARE NOW TRULY AT
THAT DANGEROUS TIPPING POINT AND
I BELIEVE THAT'S WHAT THIS BILL
TRIES TO ADDRESS -- WE DO KNOW
THAT THERE IS A SIGNIFICANT
AMOUNT OF MONEY THAT HAS COME
OUT OF I THINK IT WAS --
PROPOSITION -- SIXTY THREE THAT
IS AVAILABLE NOW TO COMMUNITIES
FOR MENTAL HEALTH TREATMENT TO
AND I AM CONFIDENT SAN FRANCISCO
IS -- IN THE FOREFRONT ON THAT
LOS ANGELES HAS AN ENORMOUS
AMOUNT OF MONEY THAT.
IS SITTING THERE WE HAVE TO ASK
WHY THAT IS BUT THAT'S NOT THE
BILL HERE TODAY -- WHAT WE'RE
LOOKING AT HERE'S HOW TO TAKE
THE MOST SEVERELY -- MENTALLY
ILL FOLKS AND GIVE THEM
TREATMENT OR PUT THEM INTO SOME
KIND OF PROGRAM THAT IS DESIGNED
TO TRY TO HELP THEM.
AND SO ARE YOU -- AGAIN WANT TO
THANK THE SENATOR I WANT TO
THANK THE MAYOR WITH WHOM I HAVE
SPOKEN I WANT TO ALSO THANK OUR
STAFF.
OF FOR WORKING VERY VERY HARD ON
THIS BILL I GENERALLY I DON'T
LIKE TO CHANGE SOMETHING BEFORE
IT'S EVEN BEEN PUT INTO PLAY.
BUT THERE ARE EXCEPTIONS AND I
THINK THIS WAS ONE OF THEM -- SO
I I WANTED TO SHARE MY THOUGHTS
BECAUSE WE DID TRUST AMEND THIS
BILL LAST WEEK IT IS IN PRINT
HOWEVER.
GIVEN THE PUBLIC AN OPPORTUNITY
TO SPEAK AND I THINK THERE ARE A
LOT OF CONCERNS.
THAT ARE LEGITIMATE CONCERNS
THAT -- WE CAN CAN TRIGGER
CONTINUE TO TRY TO ADDRESS GOING
FORWARD AND I HAVE EVERY
CONFIDENCE SENATOR WINNER HE
WILL DO THAT SO -- IF THERE ARE
ANY QUESTIONS WE'LL START WITH
SENATOR BORCHARD SHIN AND TO
SENATOR ON BURKE.
OUR MOTION WITH THE BILL SENATOR
UMBERG THE QUESTION OF THANK YOU
VERY MUCH SENATOR FOR BRINGING
THIS TO OUR ATTENTION IS A VERY
CHALLENGING ISSUE.
WOULD YOU CONSIDER GETTING
ORANGE COUNTY AS FOR THE PILOT
PROJECT.
I'M.
SAID THANK YOU FOR THE QUESTION
CENTER ON BURKE -- WHEN THIS
WHEN I FIRST INTRODUCED AS BE
TEMPERED FIVE LAST YEAR -- WE
INTRODUCED IT AS A FIFTY EIGHT
COUNTY -- PROGRAM -- IN THIS
COMMITTEE LAST YEAR WORKING WITH
THE CHAIR OF THE COMMITTEE
NARROWED IT TO A TO COUNTY PILOT
SAN FRANCISCO LOS ANGELES.
IN ASSEMBLY APPROPRIATIONS OF
EXPANDED TO A THIRD COUNTY.
SAN DIEGO -- AND SO -- WELL I
THINK THAT THAT IS A VERY
REASONABLE CONVERSATION TO HAVE
AT THE AT THIS POINT THE THE
BILL AS IT WAS IN THEIR LAST
YEAR IS A PILOT PROGRAM IN A FEW
COUNTIES -- AND YES I IT'S A
REMOTE SORT OF WHERE WE ARE IN
THE BILL IT'S NOT A IT'S NOT.
THE NO OR MAYBE -- YEAH IF
YOU'RE.
IF YOU'RE IF YOU'RE IF YOU ASK
ME TO MAKE AN AMENDMENT TO OUT
ORANGE COUNTY AND I'M NOT
PREPARED TO DO THAT BECAUSE OF
THE AGREEMENT.
THAT WE STRUCK WITH THE
COMMITTEE LAST YEAR TO NARROW IT
TO NOT BE OFFICE THAT IS AT A
MAYBE -- NO.
YOUR AYE AYE I'M NOT PREPARED TO
MAKE THAT AMENDMENT -- SENATOR.
WELL A PART OF THE PROBLEM IS SO
THAT THE BILL THAT WE NEED BY IN
FROM THESE COMMUNITIES BECAUSE
WE ARE ASKING THEM TO DO A LOT.
AND THEY'RE GOING TO HAVE TO
EXPEND THE RESOURCES AND WHAT WE
WANTED TO DO IS FIRST.
SEE IF THIS IF THIS COULD WORK
THIS IS A AN ELEGANT I THINK
EFFORT TO TRY TO THREAD A NEEDLE --
AND SO THE I KNOW MANY OF OUR
COUNTY SO I HEARD FROM MY OWN
COUNTIES THAT WANTED TO BE
INCLUDED BUT I THINK AS A START
IF THIS IS SUCCESSFUL IT WILL
EXPAND AND SHOULD EXPAND.
GREAT THANK YOU ALL RIGHT WE
HAVE A MOTION OF ANY FURTHER
COMMENTS SEEING NONE OF SENATOR
FOOD LIKE TO CLOSE I THANK YOU
VERY MUCH MADAM CHAIR AND THANK
YOU TO ALL MEMBERS THE COMMITTEE
AND AGAIN THANK YOU THE
COMMITTEE STAFF -- I DO I DO
THIS -- ONE TO TO MENTION A FEW
THINGS -- BECAUSE I MEAN THERE
WERE SME INACCURATE STATEMENTS
THAT WERE.
THAT WERE MADE NOT BY THE
COMMITTEE -- TO CLEARLY WE NEED
TO INVEST A LOT MORE IN MENTAL
HEALTH AND ADDICTION SERVICES.
THROUGHOUT THE STATE IS NO DOUBT
ABOUT THAT THE SAFETY NET IS NOT
WHERE IT NEEDS TO BE.
BUT TO TO TO SUGGEST WALKING
HERE AND SUGGEST THAT YOU SIMPLY
YOU CAN'T GET THOSE VOLUNTARY
SERVICES.
IN SAN FRANCISCO ON IT IS THAT
THAT IS SO IT'S INACCURATE IN
THE EXTREME.
AND PARTICULARLY WHEN WE'RE
TALKING ABOUT THE PEOPLE WHO ARE
MOST IN CRISIS.
PEOPLE WHO RIGHT NOW WE ARE
INVESTING HUGE RESOURCES INTO
THEIR CYCLING THROUGH OUR
EMERGENCY ROOM ON A REGULAR
BASIS CYCLING THROUGH OUR JAILS.
THE VOLUNTARY SERVICES ARE
AVAILABLE FOR THIS SMALL
UNIVERSE OF PEOPLE ABSOLUTELY
BUT THEY ARE NOT CAPABLE OF
ACCESSING IT BECAUSE OF THE
CONDITION THAT THERE AND O I
TAKE ISSUE.
WITH THAT STATEMENT BUT THIS IS
JUST WE DON'T WANT TO GIVE
VOLUNTARY SERVICES WE JUST WANNA
CONCERT PEOPLE CONSERVATORSHIP.
THE LAST RESORT -- I ALSO --
THERE THERE WAS A SUGGESTION
THAT E SHOULD.
THAT BECAUSE THE SAN FRANCISCO
BOARD OF SUPERVISORS HASN'T
VOTED TO OPT ANYA THAT WE SHOULD
THE LATEST BE. FORTY TO BE CLEAR
OF THE OPPOSITION OF THE SOME OF
THE OPPONENTS OF A OF THE BOARD
OF SUPERVISORS OPTING IN TO US
THE TEMPORARY.
FIVE IS BECAUSE IT ONLY AFFECTS
A SMALL NUMBER OF PEOPLE AND SO
IT'S NOT ENOUGH PEOPLE FOR US TO
ACTUALLY OFTEN AND SO NOW WE'RE
TRYING TO FIX IT SO THAT IT WILL
REACH THE UNIVERSE THAT WE WANT
TO REACH AND THEN THEY COME UP
HERE.
AND SAY WELL THEY HAVE AN OPTED
IN YES HE SAID THE LIGHT -- WE
WE NEED TO MOVE FORWARD AND GIVE
SAN FRANCISCO THAT OPPORTUNITY
AND THEN FINALLY -- IN TERMS OF
BOUNCE OUT PATIENT TREATMENTS
AND SUCH AN IMPORTANT BANG -- I
I THINK IT.
WOULD BE ON ETHICAL TO FORCE
PUBLIC OFFICIALS TO SEEK A O. T.
FOR PEOPLE FOR WHOM IT'S NOT
MEDICALLY APPROPRIATE.
THIS -- IS IMPORTANT STOP FOR
OUR CITY AND FOR THE STATE AND I
RESPECTFULLY REQUEST ARRIVAL.
THANK YOU SENATOR WIENER.
THE MOTION IS TO PASSED THE
SENATE PUBLIC SAFETY.
OF MADAM SECRETARY PLEASE CALL
THE ROLL.
JACKSON HI JACKSON AYE BORDERS.
OR JUST I ALLEN.
CABALLERO.
CABALLERO ONLINE MONNING
[inaudible]
STERN.
UMBERG RIGHT HOUSE HE ALL RIGHT
THE BILL HAS THREE VOTES WE WILL
PLACE IT ON CALL THANK YOU VERY
MUCH FOR YOUR TESTIMONY BOTH
THOSE IN SUPPORT.
AND THOSE.
WHO HAVE SOME QUESTIONS I
SUSPECT THERE'S MORE TO COME
THANK YOU VERY MUCH [inaudible]
I KNOW.
ALRIGHT SENATOR WIENER YOU HAVE
ONE MORE BILL [inaudible]
IT'S A AND FOR THOSE OF YOU.
NOTE THAT THE ANALYSIS OF THE
FIRST BILL WAS A MERE TWENTY
NINE PAGES.
BUT FORTUNATELY THE ANALYSIS FOR
THIS.
ONE IS ONLY THIRTEEN PAGES SO.
SENATOR WINNER YOU BECOME MY
WEEKEND READING FAVORITE --
HAPPY TO OBLIGE MADAM HOPEFULLY
THIS BILL THOUGH IS NOT QUITE AS
A DIFFICULT AND WE WOULD LIKE TO
ASK YOUR WITNESSES CHOSE TO TWO
MINUTES P. OF PEACE WHEN THEY
TESTIFY BUT CENTER WINNER THE
FLOOR IS YOURS.
THANK YOU HUNTER THIS IS NOW MY
E. TIME PRESENTING ON THIS BILL
WAS TRIPLE REFERRED IN BOTH
HOUSES LAST YEAR AND THE
GOVERNOR SADLY VETOED IT -- BUT-WERE BACK OUT AT BECAUSE THIS IS
IMPORTANT.
SB -- ONE FORTY TWO IS A BILL --
TWO X. MAKE IT -- IT.
EASIER AND MORE ACCESSIBLE FOR
NEW MOTHERS TO BE ABLE TO RETURN
TO WORK -- AND TO EXPRESS OUR
BREAST MILK SO THAT THEY CAN --
CONTINUE TO BREASTFEED.
THEIR CHILDREN -- TODAY --
BECAUSE OF THE LACK OF
APPROPRIATE -- I LIKE TO XIN
SPACE IN MANY WORKPLACES.
NEW MOTHERS ARE OFTEN CONFRONTED
WITH THE UNACCEPTABLE CHOICE OF
DO I RETURN TO WORK.
OR DO I BREASTFEED MY CHILD --
THAT IS A FALSE CHOICE AND WE
NEED TO MOVE AWAY.
FROM THAT CHOICE -- THERE ARE SO
MANY REASONS HEALTH WISE WHY
IT'S IMPORTANT FOR OUR MOTHERS --
TO BE ABLE TO BREAST FEED THEIR
CHILD.
IN ADDITION WHEN WE WHEN MOTHERS
ARE FORCED TO MAKE THAT CHOICE
THEY MAY BY THE LAYING RETURNED
TO WORK SUFFER ECONOMIC
CONSEQUENCES OR THEY MAY RETURN
TO WORK AND THEN HAVE TO START
OF PURCHASING FORMULA.
WHICH IS VERY EXPENSIVE.
THIS ISSUE PARTICULARLY AFFECTS
LOWER INCOME WOMEN AND
COMMUNITIES OF COLOR -- AND WE
NEED TO MAKE SURE THAT -- ALL
MOTHERS HAVE THAT CHOICE TO
RETURN TO WORK WHEN THEY'RE
READY -- AND NOT HAVE TO CHOOSE
BETWEEN BREAST FEEDING WORKING --
THE BILL -- IS FAIRLY
STRAIGHTFORWARD IT REQUIRES THAT
THERE BE A SPACEA PRIVATE SPACE --
FOR LIKE TO FOR EXPRESSING MILK --
WITH THE TABLE AND A CHAIR AN
ELECTRIC OUTLET -- AND THEN --
NEARBY -- REFRIGERATION --
AVAILABLE -- THAT SPACE CAN BE
FLEXIBLE WE PUT A LOT OF
FLEXIBILITY IN THIS BILL
PARTICULARLY FOR SMALLER
BUSINESSES.
AND BUSINESSES EXPERIENCING
HARDSHIP FLEXIBILITY FOR
BUSINESSES -- THAT ARE CO
LOCATED TO SHARE SPACE -- AND
ALSO SPECIAL FLEXIBILITY FOR THE
AGRICULTURE.
SECTOR -- AND ALSO FOR THE
CONSTRUCTION INDUSTRY AND WE
WORKED ALL THAT OUT LAST YEAR
UNDERSTANDING THAT THERE ARE
INDUSTRIES THAT OBVIOUSLY A VERY
DIFFERENT -- SPACE SITUATIONS ON
YOUR TRADITIONAL OFFICE -- SO --
THE I THINK THIS BILL -- IS A
GOOD STEP FORWARD WE'RE
COMMITTED TO THE ISSUE AND I
RESPECTFULLY ASK FOR YOUR BY
VOTE -- IT BEFORE YOU OF BEFORE
YOU INTRODUCE YOUR WITNESSES
JUST FOR CLARIFICATION.
I UNDERSTAND YOU ARE ACCEPTING
THE PROPOSED AMENDMENTS ON PAGES
EIGHT AND NINE INCOME AND FIVE
IN THE NOW SINCE IS THAT CORRECT
THAT IS CORRECT THANK YOU.
ARE FROM GOING TO NOT MANAGER --
AND WITH ME TODAY ARE TWO
WITNESSES ARGENTA GEHRY FROM
LEGAL AT WORK ENGINE THAT NEWMAN --
BILLOWS FROM THE SACRAMENTO
BREASTFEEDING COALITION.
THANK YOU GOOD AFTERNOON TWO
MINUTES EACH IF YOU WOULD YES
GOOD AFTERNOON AND THANK YOU FOR
HAVING ME MY NAME IS JENNA GARY
AND I'M A SENIOR STAFF ATTORNEY
AT LEGAL AID AT WORK WHICH IS AN
ORGANIZATION.
THAT ADVOCATES FOR THE RIGHTS OF
LOW INCOME WORKERS.
I'M PROUD TO BE HERE TODAY AS A
CO SPONSOR SB ONE FORTY TWO AND-IN STRONG SUPPORT.
THE SIMPLY PUT SB ONE FORTY TWO
WILL ENSURE ALL LACTATING
PARENTS ARE ABLE TO MEET THE
MOST BASIC NEED OF THEIR CHILD
PROVIDING FOOD.
EXISTING LAW DOES REQUIRE.
EMPLOYERS PROVIDE LACTATING
PARENTS A TIME AND SPACE TO
EXPRESS BREAST MILK.
BUT THESE VAGUE REQUIREMENTS ARE
INSUFFICIENT FOR MOST WORKERS
PARTICULARLY LOW WAGE WORKERS WE
KNOW ACCORDING TO THE CALIFORNIA
DEPARTMENT OF PUBLIC HEALTH DATA
THAT A THIRD OF WORKING PARENTS
REPORT THAT THEY HAVE NO
WORKPLACE BREAST FEEDING SUPPORT.
AND PARENTS OF THE LOWER
HOUSEHOLD INCOMES ARE LESS
LIKELY TO HAVE WORKPLACE READY
FOR BREAST FEEDING SUPPORTS THAN
THEIR PEERS.
ALSO ALTHOUGH ASSEMBLY MEMBER
LIMóN STILL FROM LAST YEAR WAS
IMPORTANT FIRST STEP IN THAT IT
CLARIFIED.
CONSISTENT WITH FEDERAL LAW THAT
THE SPACE COULD NOT BE A
BATHROOM IT SIMPLY DID NOT GO
FAR ENOUGH.
INDEED AS A COMMITTEE NOW SAYS
POINTED OUT IT WAS ALREADY A
FEDERAL LAW THAT COULD NOT BE A
BATHROOM AND WE THINK WOMEN
DESERVE MORE SUPPORT FROM THAT.
AT LEGAL AID AT WORK WE HAVE A
WORKING FAMILY HELP LINE WHERE
WE HEAR FROM THOUSANDS OF
WORKERS EACH YEAR THAT ARE
STRUGGLING WITH THESE ISSUES AND
I JUST WANT TO SHARE THE STORY
OF ONE SHE WAS A SERVER IN A
RESTAURANT.
WHEN SHE RETURNED TO WORK SHE
ASKED FOR LACTATION COMBINATIONS
THE ONLY PLACE THEY OFFERED HER
IT WAS A STORAGE AREA WHEN NO
PLACE TO SAY?
NO PLACE TO PUT THE BOMB TO PLUG
IN THE PUMP -- SO WHEN SHE
TALKED TO EMPLOYER AND ASK FOR
SUPPORT THE METER CHOOSE BETWEEN
NO LONGER BREAST FEEDING OR
RISKING HER FINANCIAL SECTOR
SECURITY BY LEAVING.
NO ONE SHOULD BE FORCED TO MAKE
THAT CHOICE AND SB ONE FORTY TWO
WILL ENSURE THAT THAT'S A
REALITY.
THAT'S FOR THESE REASONS
RESPECTFULLY ASK FOR YOUR AYE
BELT.
THANK YOU NEXT WITNESS.
GOOD AFTERNOON MY NAME IS GENET
NEWMAN VILLAS AND I AM
REPRESENTING THE SACRAMENTO
BREASTFEEDING COALITION OUR
LOCAL COALITION AS WELL AS
CALIFORNIA BREASTFEEDING
COALITION.
THAT IS ONE OF THE CO SPONSORS
FOR THIS BILL -- THANK YOU A
CHAIR JACKSON MEMBERS FOR
HEARING ABOUT THE IMPORTANCE OF
THIS LEGISLATION.
AS JENNA HAD MENTIONED THE
CURRENT LABOR CODE THAT WE HAVE
IN PLACE ISN'T QUITE ENOUGH I
LIVE IT EVERY DAY BECAUSE I WORK
WITH THE LOW INCOME POPULATION I
WORK FOR THE WEEK PROGRAM AND
HAVE FOR TWENTY SIX YEARS.
AND I HAVE MOTHERS THAT COME TO
ME AND SAY PLEASE GIVE ME
FORMULA ITS FORMULA THAT YOU AND
I PAY FOR IS TAXPAYERS BUT I
KNOW THAT THOSE BABIES ARE GONNA
BE NOT AS HEALTHY THOSE MOTHERS
ARE NOT GOING TO BE AS HEALTHY.
BECAUSE THEY'RE HAVING TO TAKE
THE SECOND CHOICE INSTEAD OF THE
FIRST CHOICE WHICH IS THAT A
MOTHER SHOULD BE ABLE TO USE HER
BREASTS TO MAKE PRESS NOT FOR
HER BABY.
THAT'S ONE OF THE THINGS THEY
WERE MADE.
FOR OKAY IS TO BE ABLE TO FEED
BABIES AND WHAT WE'RE ASKING IS
THIS LOBBY STRENGTHENED SO THAT
NEW.
NEW -- CONSTRUCTION CAN HAVE A
PLACE WITH INTEGRATED INTO THE
WORKPLACE SO THAT MOTHERS DON'T
HAVE TO CHOOSE AND BE
EMBARRASSED OR HARASS WHEN THEY
ASKED THAT QUESTION -- ALSO JUST
ADD JUST TO CONSIDER THIS IS A
WAY OF CHANGING THE CULTURE SO
THAT BREAST FEEDING IS
CONSIDERED THE NORM IT'S NOT
ABOUT A WOMAN'S CHOICE BECAUSE
WOMEN.
BY AND LARGE 94% OF WOMEN WANT
TO BREAST FEED BUT IF THEY'RE
CONCERNED THAT THEY CAN'T AND
THEY WON'T BE ABLE TO GO BACK TO
WORK AND BE ACCOMMODATED.
THEY JUST CHOOSE TO DO OTHERWISE
THANK YOU SO MUCH FOR VOTING
GIVING AN AYE VOTE FOR THIS
LEGISLATION THANK YOU VERY MUCH
THANK YOU VERY MUCH THOSE IN
SUPPORT AND THEN WE'RE GOING TO
TAKE A LITTLE RECESS BECAUSE AS
YOU'LL NOTE I'M THE ONLY ONE
HERE AND I HAVE. TO GO ACROSS
THE WAY TO VOTE THEIR LIFTING
CALLS IN THE OTHER COMMITTEE
SELF.
NAME AND AFFILIATION PLEASE
BRENT SPENCE ON BEHALF OF THE
AMERICAN COLLEGE OF OBGYN IS
DISTRICT NINE IN SUPPORT THANK
YOU.
GOOD AFTERNOON JESSICA CENTER ON
BEHALF OF EQUAL RIGHTS ADVOCATES
THE STRONGER CALIFORNIA
ADVOCATES NETWORK AND THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION AND SUPPORT.
THANK YOU.
ENTER MEMBERS KEVIN BACK OF
AMERICAN CIVIL LIBERTIES UNION
OF CALIFORNIA PLEASED TO SUPPORT
THIS WITH THE BILL VERY GOOD
THANK YOU.
SO -- IS THERE IS THERE
OPPOSITION.
IMAGES GET A SENSE THERE IS.
I'D LIKE YOU IF YOU WOULD WERE
GONNA TAKE A FIVE MINUTE RECESS
AND THEN WE WILL.
RECONVENE MY APOLOGIES BUT THERE
IS MUCH CHOICE HERE SO WE'LL BE
RIGHT BACK
JUDICIARY COMMITTEE.
OF WE HAVE HEARD TESTIMONY IN
SUPPORT.
OF SB -- ONE FORTY TWO LACTATION
ACCOMMODATIONS IT IS NOW TIME
FOR THE OPPOSITION TO STEP
FORWARD.
AND WILL YOU BE TESTIFYING FOR
ONE OR TWO TODAY. FOR TWO OKAY.
ALL RIGHT AND AGAIN TWO MINUTES
EACH GOOD AFTERNOON GOOD
AFTERNOON THANK YOU SO MUCH
CHAIRMAN AND OUR TERROR.
AT MEMBER AND MEMBERS AS WELL
THANK YOU FOR THE OPPORTUNITY
HAS TO FIGHT TODAY.
I'M MORE CURTIS HERE ON BEHALF
OF THE CALIFORNIA CHAMBER OF
COMMERCE WE ALREADY.
SYMPATHETIC TO LACTATION
ACCOMMODATION ISSUE AND
SUPPORTED AB NINETEEN SEVENTY
SIX THAT WAS SIGNED INTO LAW
LAST YEAR WHICH WAS LOW MOANS
BILL.
HOWEVER WE DO HAVE CONCERNS
SPECIFICALLY WITH THIS -- WITH
THE REQUIREMENTS LAID OUT N SB
ONE FORTY TWO A LOT OF THESE
ISSUES WERE NEGOTIATED ON LAST
YEAR WITH THE AUTHORS OFFICE --
WHEN SB -- WHEN AB NINETEEN
SEVENTY SIX WHEN INTO LAW THE?
YES GOVERNOR GOVERNOR BROWN
VETOED A MORE NARROW DOWN
VERSION WHICH WAS SB NINE THIRTY
SEVEN OF THIS BILL LAST YEAR.
AND WE FEEL THAT HIS VETO
MESSAGE IS STILL -- SHOULD STILL
BE CONSIDERED HE SAID THAT
NINETEEN SEVENTY SIX WAS
PROVIDING THE REASONABLE
ACCOMMODATION FOR LACTATION AND
THAT -- SB NINE THIRTY SEVEN WAS
NOT WAS NOT NECESSARY AND WE
BELIEVE THAT THAT STILL HOLDS
TRUE TODAY.
I'M NOT ONLY DOES THIS BILL
REQUIRE EXTREME BUILDING CODE
REQUIREMENTS THAT WOULD COST
BETWEEN THIRTY THOUSAND AND A
HUNDRED AND FIVE THOUSAND
DOLLARS FOR AN EMPLOYER -- AS
WELL AS FIVE THOUSAND DOLLARS A
YEAR AND MEANS TO FOURTEEN
THOUSAND DOLLARS A YEAR
MAINTENANCE IT ALSO IS
UNNECESSARILY DUPLICATIVE OF
PROTECTIONS ARE ALREADY PROVIDED
UNDER THE FAIR EMPLOYMENT
HOUSING LAW.
WITH REGARD -- TO RECORD
DISCRIMINATION AND RETALIATION
FOR LACTATION LACTATING MOTHERS.
AND THE CONCERN THERE IS THAT
THE DEPARTMENT OF FAIR
EMPLOYMENT HOUSING RT REGULATES
LACTATION -- RETALIATION IN THE
FAIR EMPLOYMENT HOUSING ACT AND
THIS WOULD ALLOW FOR TO
ESSENTIALLY -- DIFFERENT
PREPARED DIFFERENT
ADMINISTRATIVE -- AUTHORITY ON
THIS SO THE LABOR COMMISSIONER
COULD COME OUT WITH THEIR OWN
AUTHORITY ON THIS AS WELL AS THE
DEPARTMENT OF FAIR EMPLOYMENT
HOUSING AND EMPLOYERS WOULD NOT
KNOW WHICH ONE THEY NEED TO
FOLLOW.
ADDITIONALLY IT EXPANDS EMPLOYER
CIVIL LIABILITY AND THERE'S ALSO
TECHNICAL ISSUES WITHIN THE BILL
THAT MEET YOUR AMENDMENTS ARE
HELPING TO REMEDY BUT NOT ALL OF
THEM WILL BE REMEDIED BY THIS.
THAT ESSENTIALLY SAID EMPLOYERS
UP FOR AUTOMATIC FAILURE FOR
EXAMPLE THE BILL STATES THAT IT
MUST BE IN CLOSE PROXIMITY TO
RUNNING WATER HOWEVER AND PRIOR.
FOR HIRE -- SUBDIVISIONS OF THE
BILL IT SAYS THAT A BATHROOM
CANNOT BE USED AS AN
ACCOMMODATION SO WHETHER THAT
RUNNING WATER CAN BE USED IN THE
BATHROOM.
IS A CONCERN AS WELL AS THE FREE
TALK SIXES AND HAZARDOUS
MATERIALS I DO UNDERSTAND THE
AUTHOR'S TAKING.
AMENDMENTS TO ADDRESS THAT ISSUE --
BUT ALSO THERE IS THE BREAK ROOM
REQUIREMENT WHERE EMPLOYERS ARE
REQUIRED TO PROVIDE A REASONABLE
PLACE FOR BREAKS AND IF THAT
SPACES UTILIZED AS A LACTATION
ACCOMMODATION THE LACTATION
ACCOMMODATION MUST TAKE
PRECEDENCE.
AND THEN EMPLOYEES WOULD BE OUT
OF A PLACE AT FOR A REASONABLE
BREAKS FOR THOSE REASONS WE ARE
POST THANK YOU VERY MUCH NOW YOU
CAN TAKE A BREATH COULD YOU.
ALMOST TWO MINUTES VERY THANK
YOU CAN I ADD JUST A FEW QUICK
POINTS MADAM CHAIR VERY QUICKLY
ONE IS -- WE DO APPRECIATE THE
AUTHORS ELIMINATION OF THE
PRIVATE RIGHT OF ACTION BUT IS
IT YOU WANT.
TO BUT BUT WE ARE AS YOU KNOW
WELL MADAM CHAIR -- THE BILL
AMENDS THREE LABOR CODE
PROVISIONS AND ADDS TWO NEW
SECTIONS WHICH OF COURSE CREATES
POTENTIAL LIABILITY.
UNDER THE PRIVATE ATTORNEYS
GENERAL ACT.
WE GO ANY FURTHER FOR THOSE WHO
MIGHT BE LISTENING AND FOR THE
RECORD YOU HAVE TO STATE YOUR
SORRY MANAGER KRISTA KAYLEE --
CALIFORNIA AMBULANCE ASSOCIATION
THE SECOND ITEM IS IS THAT IN
LABOR CODE SECTION TEN THIRTY
ONE THAT THE BILL AMENDS RELATED
TO LOCATION.
WE'D LIKE TO SEE A BROADER UNDUE
HARDSHIP EXEMPTION TODAY IT'S
LIMITED TO THOSE WITH FIFTY OR
FEWER EMPLOYEES.
THE THIRD IS IN THE NEW TEN
THIRTY FIVE WHICH CREATES
REQUIRES THE DEAL AS C. TO
CREATE A MODEL POLICY.
ALTHOUGH THE LANGUAGE SAYS
SOMETHING ALONG THE LINES OF
COMPLIANCE WITH IT IS NOT DEEMED
A VIOLATION WE'D LIKE TO SEE.
GOOD FAITH RELIANCE DEFENSE MADE
CLEAR IN THAT IN COMPLIANCE WITH
THAT A MODEL ACT AND THEN LASTLY
JUST A GENERAL POINT -- THE
AUTHOR HIS PATTERN THIS AFTER A
SAN FRANCISCO ORDINANCE WHICH IS
NOT BEEN IN EFFECT TOO LONG AND
WE'D LIKE TO SEE IT PLAY OUT FOR
A LITTLE WHILE LONGER.
BEFORE WE TAKE THESE PROVISIONS
STATEWIDE THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION IF YOU'D STEP FORWARD
NAME AFFILIATION AND SIMPLE YOUR
OPPOSITION TO THE BILL.
ERIC PARKER THE CALIFORNIA
SCHOOL BOARDS ASSOCIATION IN
OPPOSITION OF A WAS PRIMARILY
BASED ON THE PRIVATE RIGHT --
WORK A RIGHT SO IF I CAN SAY
THAT I'M A RIGHT OF ACTION THANK
YOU VERY MUCH IT'S BEEN A LONG
DAY.
WE APPRECIATE THE AMENDMENTS AND
SO WE'RE GONNA BE REEVALUATING
OUR POSITION ON THE BILL BUT
THAT WAS THE PRIMARY CONCERN WE
STILL HAVE CONCERNS ABOUT THE
CONSTRUCTION COSTS ISSUES BUT
WILL BE HAPPY TO WORK WITH THE
AUTHOR AS THE BILL MOVES FORWARD.
THANK YOU THANK YOU VERY MUCH
NEXT WITNESS.
GOOD AFTERNOON KATIE HAD SOME OF
THE CALIFORNIA RESTAURANT
ASSOCIATION REPOSE FOR THE
REASONS PREVIOUSLY STATED.
THANK YOU.
HI SEAN LEWIS OF NATIONAL
FEDERATION OF IN A BUSINESS
REPRESENTING MALL BUSINESS
OWNERS ALSO POSED FOR THE COST
IN LITIGATION CONCERNS THANK YOU
[inaudible]
THANK YOU [inaudible]
ALL RIGHT.
FIGURE BACK TO THE DíAS OTHER
ANY QUESTIONS.
BY A COUPLE COMMENTS -- SO
PRIVATE RIGHT OF ACTION IS OUT
I'M A LITTLE DISAPPOINTED
BECAUSE RIGHTS WITHOUT REMEDIES
ARE NO RIGHTS AT ALL -- BUT
HOPEFULLY THE FE H. ANY OTHER
RELEVANT AGENCIES WILL BE ABLE.
TO MAKE SURE THAT IF THIS DOES
PASS THAT WE ACTUALLY CAN
ENFORCE.
WHEN WOMEN ARE LACTATING A
LITTLE BY WOULD SUSPECT IT'S
BEEN AWHILE FOR ME BUT I DID
HAVE THAT EXPERIENCE UNLIKE?
SENATOR WINNER BUT I'M SURE
YOU'VE TALKED TO A NUMBER OF
PEOPLE WHO HAVE BEEN THROUGH
THAT EXPERIENCE.
YOU HAVE A LOT ON YOUR MIND
OTHER THAN GOING AHEAD AND
TRYING -- TO IN -- IMPLORE AN
EMPLOYER TO ALLOW YOU TO BE ABLE
TO EXPRESS MILK -- THE NOTION
THAT WE SHOULD HAVE TO BE
FIGHTING FOR THIS.
UP RIGHT.
I IS STILL QUITE EXTRAORDINARY
EVEN IN TWENTY NINETEEN FOR SO
MANY WOMEN ARE IN FACT WORKING
WHERE WE KNOW THE BENEFITS OF
BREASTMILK FOR CHILD'S WELL
BEING WE KNOW THE BENEFITS TO
THE MOTHER TO BE ABLE TO BREATH --
BREAST FEED -- I JUST A I I
STILL FIND IT JUST ENCOURAGES IN
I'M INCREDULOUS THAT E STILL
KEP GETTING THIS KIND OF
RESISTANCE.
WOMEN ARE IN THE WORK FORCE.
AND WE WANT WOMEN TO AND
FAMILIES TO PROCREATE BECAUSE
OTHERWISE THE SPECIES DIES.
AND THESE ARE SORT OF
FUNDAMENTAL NATURAL PROCESS SEES
AN OF WOMEN ARE GOING TO BE
WORKING.
AND WANTING AND NEEDING AN BEING
ENTITLED TO DO THIS -- I THINK
WE CAN ALL FIGURE OUT HOW TO
MAKE IT WORK.
YOU KNOW WE PUT A MAN ON THE
MOON IN LESS THAN A DECADE I
THINK WE CAN FIGURE OUT HOW TO
FIND AREAS SO THAT WOMEN CAN IN
PRIVACY.
AND WITH GOOD HYGIENE EXPRESS
MAIL FOR THEIR BABIES -- SO.
I AM GOING -- TO SUPPORT THIS
BILL I WOULD ACTUALLY LIKE TO BE
A CO AUTHOR THE BILL.
ON BEHALF OF THE YOUNGER WOMEN
WERE STILL IN THOSE CHILDBEARING
YEARS -- AND WOULD LIKE THE TO
THE RIGHT TO IN THE OPPORTUNITY
IN.
THE THE THE RESPECT OF BEING
ABLE TO EXPRESS MAIL FOR THEIR
BABIES WHILE THEY WORK AS WELL
SO THANK YOU AND SENATOR MONNING.
THANK YOU MADAM CHAIRMAN I THINK
THE AUTHOR FOR BRINGING THIS
FORWARD.
JUST SO I'M CLEAR.
THIS ADDRESSES.
FUTURE NEW BUILDING CONSTRUCTION
AND REMODELS IT DOESN'T REQUIRE
EXISTING OFFICES.
TO PROVIDE THIS ACCOMMODATION NO
IT REQUIRES BOTH SIR FOR
EXISTING OFFICES-- THEY HAVE
WOULDHAVE TO DEDICATE SPACE BUT
THE BILL PROVIDES EXTRAORDINARY
FLEXIBILITY -- YOU YOU DON'T
THEY DON'T HAVE TO DO SOME SORT
OF RENOVATION THEIR HEARTS OF
PROVISIONS PARTICULARLY FOR
SMALLER BUSINESSES.
THERE ARE PROVISIONS WERE --
COLOCATED OFFICES OUR WORKPLACES
CAN SHARE -- AND SO WE WOULD YOU
CAN HAVE A TEMPORARY THERE MIGHT
BE IF YOU WERE SPACE IT DOESN'T
HAVE.
A PRIVATE ROOM YOU COULD --
CREATE TEMPORARY PARTITION THAT
GETS PUT UP AND TAKEN DOWN.
ON AND THEN WE HAVE SPECIAL --
PROVISIONS FOR THE AGRICULTURE --
AND CONSTRUCTION INDUSTRIES
BECAUSE EVER UNIQUE
CIRCUMSTANCES -- SO LET THE LAST
YEAR.
WE WENT WE WORKED.
INTENSIVELY WITH THE BUSINESS
COMMUNITY -- INCLUDING WITH THE
CHAMBER OF COMMERCE BUT WITH
SPECIFIC INDUSTRIES AND WE TOOK
A MANY MANY AMENDMENTS LAST YEAR.
TO CREATE THAT FLEXIBILITY AND
WE WORK COLLABORATIVELY
COLLABORATIVELY TOGETHER -- DAY
THE NEW CONSTRUCTION PIECE AS
THE BUILDING CODE CHANGE -- AND
THAT IS -- FOR WHEN THEY ARE IF
YOU'RE BUILDING OR RENOVATING
ABOVE A CERTAIN SQUARE FOOTAGE.
YOU HAVE TO PLAN FOR IT -- THE
ONLYDIFFERENCE BETWEEN THE BILL
THAT'S BEFORE THE COMMITTEE
TODAY -- AND WHAT WAS VETOED
LAST YEAR IS THE BUILDING
CORPORATE SENATOR SMALL MINOR
TECHNICALS -- DIFFERENCES BUT
THAT WAS NOT IN THE BILL THAT
WAS VETOED IT WAS TAKEN OUT IN
THE COURSE OF LEGISLATION LAST
YEAR AS WAS DEPRIVE RIGHT OF
ACTION.
WITH BOTH OF THOSE BACK IN
BECAUSE I BELIEVE IN THEM -- THE
PRIVATE RIGHT OF ACTION IS NOW
OUT AGAIN -- BUT THE BUILDING
CODE IS STILL AN BUT EVERYTHING
ELSE AND I WAS A LITTLE CONFUSED
BY THE OPPOSITION BECAUSE IT --
IT'S NOT THE CASE THAT THIS IS
SOMETHING TOTALLY DIFFERENT BILL
OTHER THAN HAVING THE BUILDING
CODE THANK YOU FOR THE
CLARIFICATION IN.
MADAM CHAIR MADE REFERENCE TO A
MAN ON THE MOON WITH THIS
PROVIDE ACCOMMODATION FOR FEMALE
ASTRONAUT SIR IS THAT UNDER
FEDERAL LAW ONLY.
WELL THAT MIGHT READ MEET
RESISTANCE FROM THE SAME
OPPONENTS HERE BUT HOPEFULLY BY
THAT TIME.
WE WILL HAVE SEEN THE LIGHT OF
DAY THAT THIS IS NOT THAT
DIFFICULT IT'S JUST A QUESTION
OF PRIORITIZING WOULD HAVE TO
NEGOTIATE WITH NASA ON THAT ONE
I THINK IT'S TRUE IS NASA STILL
IN EFFECT AND AT ANY RATE --
THANK YOU AND QUESTION CENTER
WHITE CASKET.
THE I THINK THE TRIGGER ON THE
REMODEL IS FIVE HUNDRED THOUSAND
DOLLARS CAN YOU GIVE ME THE
BENEFIT OF YOUR THINKING ON DAD
SINCE MY WIFE AND I JUST
REMODELED OUR HOUSE ACROSS IS A
QUARTER OF A MILLION DOLLARS.
SO MY CONCERN IS THAT FIVE
HUNDRED THOUSAND DOLLARS FOR AN
OFFICE BUILDING IS.
I AM JUST TRYING TO FIGURE OUT
WHAT YOU'RE THINKING AS YOU KNOW
I THINK WE THE TERM WHICH WE
WERE TRYING TO DO IS BALANCE
THAT THERE IS THERE IS A COST
INVOLVED -- AND SO THERE'S A
CERTAIN -- A THRESHOLD AND ONE
COULD ARGUE IT SHOULD BE FOUR
HUNDRED THOUSAND OR SIX HUNDRED
THOUSAND AND I'M LOOKING IS A
MAGIC NUMBER -- BUT WE THOUGHT
THAT FIVE HUNDRED THOUSAND IS A
SIGNIFICANT IN OFFICE --
RENOVATION THAT WOULD BE
APPROPRIATE TO DO AND AGAIN IT'S
NOT.
IT'S NOT LIKE A MONUMENTAL.
THING THAT HAS TO BE BUILT INTO
IT IT'S JUST.
WHILE YOU'RE DOING -- NEARLY
COULD YOU DON'T HAVE A ROOM THAT
HAS -- A POWER OUTLET IN THAT
MAY PUT ONE AND IT'S FOR THE
REQUIREMENTS IS BILL.
ARE ARE QUITE BASIC IN TERMS OF
A TABLE OR CHAIR.
AND NEARBY RUNNING WATER WHICH
COULD BE A SINK NOT EVEN A FULL
BATHROOM NEARBY RUNNING WATER
NEARBY.
REFRIGERATOR WHICH COULD BE A
SMALL LITTLE MINI FRIDGE --
SERVICE AND PRIVACY SO YOU THIS
IS NOT.
A COMPLICATED.
SITUATION.
NO NO IN FACT SOME ARE YOU
MENTIONED A PARTITION YOU HAVE A
BREAK FROM YOU CAN WHAT IS
BECAUSE HUNDRED DOLLARS TO GET A
PARTITION.
PUT IN A PARTITION WILL SIGN
THAT SAYS PLEASE DO NOT DISTURB.
I MEAN THIS THIS IS NOT THE
ROCKET SCIENCE TO PUT A A WOMAN
ON THE MOON -- ONE BUT I DID I
DID HAVE A QUESTION I WAS A
LITTLE CONCERNED AND I REALIZE
THAT YOU'RE TRYING TO MAKE THESE
ACCOMMODATIONS FOR BUSINESSES
AND I APPRECIATE THAT -- BUT IN
THE AGRICULTURAL CONTEXT I NOTE
THAT THERE THERE'S AN OFFER THAT
EVEN A THE LACTATION COULD BE
OFFERED IN A TRUCK CAB
[inaudible]
REALLY.
YEAH I CAN ADDRESSES OF THAT
ACTUALLY WAS -- TAKEN LAST YEAR
FROM AMONG THE BILL THAT IS
CURRENT LAW UNDER THE BILL THAT
WAS SIGNED LAST YEAR BY THE
GOVERNOR -- AND NOW WAS
NEGOTIATED WITH THE LIMO AND
OFFICE AND AGRICULTURAL INDUSTRY
I DON'T KNOW EXACTLY WHO IT WAS --
BUT IT JUST STATES THAT THAT IS
COMPLEX.
OFFERING THAT IS COMPLAIN BUT
THERE CAN BE OTHER WAYS OFFER
THAT THE AG INDUSTRY I KNOW.
THE CALIFORNIA BREASTFEEDING
COLLISIONS ON A LOT OF WORK
THERE YES -- ONE OF THE THINGS
THEY'VE DEVELOPED OR THESE -- IT
COULD BE A TRUCK BUT IT COULD
ACTUALLY BE THEY HAVE THESE
TENTS THESE.
TENTS THAT HAVE.
THE ARE.
AERATED AND HAVE GOOD
VENTILATION AND HAVE A PLACE FOR
THE MOM TO ACTUALLY SIT.
I I DON'T LIKE TO USE THE
EXAMPLE BUT I WILL IT'S KIND OF
LIKE A FORTY PA A PORT A POTTY
THAT IT'S FAN IT LOOKS LKE
THERE'S NO TOILET IN THERE.
IT'S A PLACE FOR THE MOTHER TO
SET.
IT HAS A LITTLE AREA OF A TABLE
FOR HER AND THEY ACTUALLY HAVE A
LOOK TRICKLE OUT OUTLETS.
SO THAT SHE CAN SIT IN THERE AND
PUMP IT IT'S GIVING HER PRIVACY
AND THAT IS WORKING AND THEY'VE
ACTUALLY DEVELOP THAT AND WORKED
IN CONJUNCTION WITH A LOT OF THE
AGRICULTURAL INDUSTRY TO HAVE
THESE.
WHICH IS GREAT.
WELL AND AND I'M GLAD TO HEAR
THAT BECAUSE THE NOTION THAT
SOMEONE'S GOING TO GO INTO THE
CAB.
OF A TRUCK IN EXPRESSED MILK IS
JUST IT'S A VISUAL THAT I'M JUST
HAVING TROUBLE.
WRAPPING MY HEAD AROUND WE ARE --
VENTURE WHICH WERE NAVIGATING
THE FACT THAT THERE WAS A LAW
THAT WAS SIGNED UNDER LAST YEAR
WERE NOT LOOKING TO MESS WITH
THAT BILL AND AND ASSEMBLY
MEMBER ALONE IS BEEN VERY
COLLABORATIVE AND IS A CO AUTHOR
OF THIS YES.
YES I NOTED THAT ALL RIGHT WELL.
THANK YOU IF YOU WOULD LIKE TO
CLOSE IT IS OUR MOTION.
ARE WE HAVE A MOTION IF YOU'D
LIKE TO CLOSE THE QUESTIONABLE.
THANK YOU.
ALRIGHT THE MOTION IS DO PASS AS
AMENDED TO SENATE HOUSING.
PLEASE CALL THE ROLL JACKSON HI
JACKSON HI PORGES [inaudible]
ALAN CABALLERO.
MONNING.
MONEY AYE STERN.
I'M BURKE WHITE HOUSE HE BY
CASKEY AYE.
THE BILL HAS THREE VOTES WE WILL
LW LEAVE THE ROLE OPEN THANK
YOU SENATOR WINNER AND TO THANK
YOU FOR ALL OF YOU FOR
TESTIFYING.
OUR NEXT ITEM UP WE HAVE --
SENATOR HILL -- CENTER HUESO I'M
SORRY I DIDN'T TO THEIR SENATOR
HUESO WITH FILE ITEM.
FIVE SB. TWO OH EIGHT GOOD
AFTERNOON SENATOR HUESO.
AND AGAIN WITNESSES TWO MINUTES
A TWO WITNESSES TWO MINUTES EACH.
AND THE SAME GOES FOR ANY
OPPOSITION SO IF YOU'D LIKE TO
BEGIN SENATOR HUESO THE FLOOR IS
YOURS.
THANK YOU AND THANK YOU FOR
ALLOWING ME TO PRESENT SB TWO OH
EIGHT THE CONSUMER CALL
PROTECTION ACT.
I'D LIKE TO BEGIN -- BY ALL
EXCEPT IN THE COMMITTEES
AMENDMENTS.
THIS IS A CONSUMER PROTECTION
BILL.
THAT IS INTENDED TO ENSURE THAT
CALIFORNIANS CAN HAVE CONFIDENCE.
IN THEIR TELL THE
TELECOMMUNICATIONS SERVICES.
WHEN I HEARD THAT BY 202040% OF
EVERY CALL MADE TO YOUR
TELEPHONE?
IS GONNA BE A ROBO CALL OR A
FAKE CALL ALSO KNOWN AS SPOOFING.
I SAID WE HAVE TO DO SOMETHING
ABOUT AND I LEARNED THAT THERE
ARE WAYS THAT WE CAN.
ENSURE THAT THIS DOESN'T HAPPEN
OR GROUP LARGE GREATLY REDUCE.
THOSE PERCENTAGES IN THOSE
INCIDENCES I'VE.
LAST COMMITTEE I I'VE I REMINDED
MEMBERS AT THIS CAN BE DONE.
THAT CANADA THIS MONTH IS TAKING
ACTION TO IMPLEMENT A VERY --
COMPREHENSIVE PROGRAM AND IN
THEIR COUNTRY.
WE CAN DO IT IN OUR STATE.
AND I BELIEVE OF CALIFORNIA
TAKES ACTION THE REST OF THE
COUNTRY WILL FOLLOW ON THIS VERY.
IMPORTANT ISSUE.
THANK YOU IN AND BEFORE YOU GO
FORWARD AS FOR THE MEMBERS I
UNDERSTAND YOU ARE ACCEPTING THE
PROPOSED AMENDMENTS ON PAG.
FIVE INCOMING THREE THANK YOU
VERY MUCH I APPRECIATE OF THOSE
AMENDMENTS BECAUSE IT DOES --
BASICALLY STATE WITH THE LAW
ALREADY IS AND WE WE NEEDED TO
PUT IT INTO THE BILL BECAUSE OF
COURSE -- YOU KNOW THE
OPPOSITION IS GONNA.
TRY -- TO MISINFORM THAT'S WHAT
HAPPENED -- THIS BILL DOES NOT
REQUIRE CLICK CALL BLOCKING IN
AND WOULD NOT RESULT IN
LEGITIMATE CALLS BEING BLOCKED.
AND THAT IS ALREADY A
REQUIREMENT UNDER UNDER THE LOSS
BUT OUR WE'RE WE'RE GLAD TO
RESTATE THAT BECAUSE THERE WERE
SOME CONCERN MEANT -- EXPRESSED
BY MEMBERS OF THE LAST COMMITTEE.
AND WE DON'T WANT TO MISLEAD
ANYBODY ABOUT WHAT THIS BILL IS
REALLY ABOUT SO -- THIS BILL
SAYS A DIET DEADLINE FOR
IMPLEMENTATION OF A CALLER ID.
AUTHENTICATION -- SYSTEM THAT IS --
NEEDED TO IDENTIFY ILLEGAL
ROBOCALLS TO PREVENT HARM TO
CONSUMERS AND ALSO THIS BILL
ALSO NARROWLY ALLOWS A SI PC TO
WORK WITH THE ATTORNEY GENERAL.
TO SUPPORT ACTION AGAINST.
ILLEGAL WROBEL CALLER SO WE'RE
PUTTING IN AN ENFORCEMENT ACTION
THEIR AND THEIR INVOLVEMENT IS
ONLY TO ENSURE [inaudible]
THAT -- WE BRING UP PEOPLE THAT
ARE ENGAGED IN ILLEGAL ACTIVITY
TO JUSTICE.
SO -- I WANTED TO ASK OF FOR
YOUR SUPPORT FOR THIS IMPORTANT
MEASURE AND OPEN UP TO QUESTIONS
VERY GOOD TO HAVE ANY WITNESSES
HERE TO TESTIFY IN SUPPORT TWO
MINUTES PLEASE.
HELLO THANK YOU COULD TEAR
JACKSON AND COMMITTEE MEMBERS MY
NAME IS VINCENT LAY -- SPEAKING
ON BEHALF OF THE GREEN LINING
INSTITUTE -- WE FOCUS ON
ECONOMIC EMPOWERMENT FOR PEOPLE
OF COLOR.
AND WE SUPPORT THIS BILL AND ASK
FOR YOUR SUPPORT BECAUSE
ECONOMIC EMPOWERMENT REQUIRES
PROTECTING VULNERABLE
COMMUNITIES FROM ECONOMIC HARM --
THERE WAS A RECORD FIVE BILLION
RUBLE CALLS IN MARCH ALONE AND
NEARLY HALF OF THOSE WERE
ILLEGAL SCAMS AND FRAUD.
YOU KNOW IN THESE ANY SCAMS
CALLERS ARE POSING AS IRS AGENTS
TO STEAL BANK INFORMATION --
THEY'RE POSING AS COUNTY WORKERS
TO STEAL AND CAL FRESH
RECIPIENTS EBT BENEFITS SO THEY
CAN'T EVEN AFFORD TO BUY FOOD
FOR THEIR FAMILIES -- SEVENTY
THE FTC ESTIMATES 70% OF THE
FRAUD -- ORIGINATED PHONE SCAMS
COSTING US NEARLY A BILLION
DOLLARS A YEAR.
AND THE MOST TARGET IN THE MOST
HARMED BY ALL OF THIS OUR
SENIORS AND PEOPLE OF COLOR.
AFRICAN AMERICANS AND LATINOS
ARE TWICE AS LIKELY TO BE
DEFRAUDED BY THESE -- THE
SCAMMERS AND THREE TIMES AS
LIKELY TO FALL VICTIM TO DEBT
FRAUD.
NOT ONLY DOES IT ZERO TRUST IN
THE PHONE SYSTEM -- EXPOSES THE
MOST VULNERABLE CALIFORNIANS TO
SCAMMERS AND PREDATORY
BUSINESSES.
THAT'S WHAT WE ASK YOU TO
SUPPORT CALIFORNIANS -- AND VOTE
I IS THAT VOTE I ON THIS BILL
THANK YOU.
VERY MUCH NEXT WITNESS PLEASE
AFTERNOON MADAM CHAIR MEMBERS
KARAGIAS SANDERS FROM THE PUBLIC
ADVOCATE'S OFFICE FORMALLY THE
OFFICER REPAIR ADVOCATES OFFICE.
WE ARE IN STRONG SUPPORT OF SB --
TWO EIGHT MEMBER SPEAKING
SPENDING IS INCREASINGLY
BECOMING PROBLEM PROBLEMATIC
BECAUSE BAD ACTORS ARE
DISGUISING THEIR IDENTITY TO
MAKE IT MORE LIKELY THAT THE
CALL PERSON WILL PICK UP THE
PHONE AND POTENTIALLY FALL FOR
THE CLAIM THAT THEIR FALL FOR
THE SCAM -- THIS BILL SIMPLY
REQUIRES TELECOMMUNICATION
PROVIDERS TO IMPLEMENT EXISTING
TECHNOLOGIES TO VERIFY CALLERS
IDENTITY.
WE SUPPORT THIS BILL BECAUSE IT
WILL HELP PROTECT CONSUMERS FROM
SCAMS DECEPTIVEMARKETING
PRACTICES AND OTHER ILLEGAL
ACTIVITIES I THINK YOU.
THANK YOU VERY MUCH OF THEIR
OTHER WITNESSES IN SUPPORT OF
THIS MEASURE.
ANY WITNESSES IN OPPOSITION.
YOU CAN COME FORWARD IF YOU LIKE.
WE HAVE PLACE FOR TWO PEOPLE
[inaudible]
THANK [inaudible]
GOOD AFTERNOON [inaudible]
GOOD AFTERNOON.
MADAM CHAIRMAN AND MEMBERS
CAROLINE MCINTYRE BEHALF OF THE
CALIFORNIA CABLE AND
TELECOMMUNICATIONS ASSOCIATION --
WE ARE HERE WITH THE POSITION OF
OPPOSE UNLESS AMENDED. TO THE
BILL -- THE TECHNOLOGY THAT THE
BILL REFERENCES THAT SHAKEN AND
STARE.
IS ACTUALLY A TECHNOLOGY THAT
HAS -- THAT THAT MEMBERS OF MY
ASSOCIATION HAVE BEEN ACTIVELY
ENGAGED IN TRYING TO
AUTHENTICATE IN ORDER TO BE ABLE
TO USE.
THE TECHNOLOGY IN ORDER. TO DEAL
WITH THE ROBO CALL AND THE GIVES
ME AND THAT'S PUTTING PROBLEM WE
ALSO RECOGNIZE IT AS A MAJOR
ISSUE THE FCC HAS IN FACT
ORDERED THE INDUSTRY. TO MOVE
TOWARDS AYE AYE IMPLEMENTING --
CALLER IDENTIFICATION ARE
COLORED AUTHENTICATION
TECHNOLOGY WE ARE CONCERNED
HOWEVER THAT THE BILL REQUIRES
US TO DO IT BY JULY ONE OF
TWENTY TWENTY AND WE MAY NOT BE
READY TO TAKE TECHNOLOGY ITSELF.
MAY NOT BE READY -- WE'RE ALSO
CONCERNED THAT THE BILL ADDS IN
THE C. P. U. C. TO BECOME
INVOLVED IN REGULATING IN THE
SPACE OR WORKING WITH THE
ATTORNEY GENERAL I SHOULD SAY TO
REGULATE WITH THE SPACE.
FEDERAL LAW ALREADY GIVES THE
ATTORNEY GENERAL AUTHORIZATION
TO ENFORCE THESE LAWS THE
CALIFORNIA ATTORNEY GENERAL IS
ALSO A PART OF A FORTY MEMBER.
THE GENERAL TASK FORCE THAT IS
WORKING WITH THE AGENCY IN ORDER.
TO INSURE THAT WE HAVE THE RIGHT
TECHNOLOGY TO ADDRESS THIS
PROBLEM SO WE ARE LOOKING FOR A
TWO AMENDMENTS TO THE BILL --
ONE WOULD BE TO ELIMINATE THE
ROLE OF THE P. C. WE BELIEVE
THAT THAT ONLY ADDS ADDITIONAL
RED TAPE TO THE PROCESS THAT IS
THE NECESSARY.
INTO WOULD BE TO PROVIDE THEM --
AT LIABILITY PROTECTION IN CASE
WE ARE TO IMPLEMENT THE
TECHNOLOGY AND WE END UP
BLOCKING A CALL THAT WE SHOULD
HAVE OTHERWISE THROUGH.
AN EXAMPLE OF THAT WOULD BE A
SCHOOL THAT IS LOOKING TO
PROVIDE SOME SORT OF EMERGENCY
ALERT TO PARENTS ABOUT SOMETHING
ON CAMPUS.
WE ARE UNABLE TO AUTHENTICATE
THE NUMBER AND WE BLOCKED THE
CALL.
WE ARE CONCERNED ABOUT THAT
LIABILITY THEN COMING BACK ON TO
THE KERRIER.
SO AS THE AS A SAD WE DON'T
OBJECT TO THE TECHNOLOGY OR
BEING REQUIRED TO COMPLY WITH
THE BELL JUST LIKE FROM
AMENDMENTS THANK YOU VERY MUCH
LITERATURE MEMBERS.
ARE ALSO FOR CTIA THE WIRELESS
ASSOCIATION.
LET'S STIPULATE EVERYBODY HATES
REBEL CALLS.
OUR A COMPANIES HATE REBEL CALLS
THEY BOUGHT THEIR SYSTEM PEOPLE
CALL AND COMPLAIN SO -- SO IT'S
NOT AS IF -- WE DON'T HAVE AN
INCENTIVE TO TO GO AFTER THE BAD
GUYS -- THE ISSUE IS BEING
ADDRESSED EFFECTIVELY AND
AGGRESSIVELY AT THE FEDERAL
LEVEL AS THE ANALYSIS YOU KNOW I
THINK I CURLY POINTS OUT.
AND AS MISTER MCINTYRE INDICATE --
THERE ALSO AS INDICATED THERE
ARE SOME AUTOMATED CALLS LIKE
PHARMACY REMINDERS TRAVEL
UPDATES OR SCHOOL NOTICES THAT
CAN BE USEFUL SO WE HAVE TO BE
CAREFUL.
THAT IT THIS SAYS THIS
TECHNOLOGY IS NOT GOING TO BE AN
EXACT SCIENCE -- IT IS AN
ALGORITHM WHERE OF SAY OKAY IT
APPEARS AS IF.
THIS IS A ROBOT COLORIST CAM
CALL IT TELLS.
THE CUSTOMER SHOWS ABOUT THEIR
PHONE THAT THIS IS PROBABLY A
SCAM CALL -- AND THE CUSTOMER
WILL THEN NOT TAKE THE CALL AND
IS MS MCINTYRE INDICATED
SOMETIMES THAT COULD POTENTIALLY
CREATE A PROBLEM.
WE ARE WORKING WITH A TECHNOLOGY
CALLED STERN SHAKE AND THE
WIRELESS INDUSTRY.
HE IS ON TRACK -- TO IMPLEMENT
THE TECHNOLOGY -- HOPEFULLY BY
THE END OF THIS YEAR -- THERE
ARE THIRD PARTIES INVOLVED IN
THE PROCESS SO IT'S NOT AGAIN
BUT WE HAVE TO DEPEND ON OTHER
PEOPLE.
IT WOULD CREATE A PATCHWORK OF
STATE LAWS AND ENFORCEMENT ON A
MATTER THAT IS A QUINTESSENTIAL
FEDERAL ISSUE WIRELESS CARRIER
SHOULD BE PERMITTED TO CONTINUE
TO FOCUS ON THE IMPORTANT TASK
AT HAND.
IMPLEMENTING STURGE STERN SHAKEN
NEITHER THE PVC NOR THE ATTORNEY
GENERAL IS A QUICK TO ENFORCE
LAWS.
DEALING WITH REBEL CALLS.
WE DON'T BELIEVE SB TWELVE EIGHT
WILL HASTEN THIS PROCESS -- I'VE
BEEN TO BUT DIPLOMATIC
APPROPRIATE UNNECESSARY
AUTHENTICATION.
WHAT WE THINK IT HAS A RISK OF
DIVERTING ATTENTION AND FOCUS
FROM THAT TASK AND ADD A LAYER
OF P. UC REGULATION THAT IS
OFTEN OBTUSE?
AND WAS PROCEEDS ARE LIKE THE
AND CERTAINLY IN THIS CASE
UNNECESSARY FOR THESE REASONS WE
MUST RESPECTFULLY OPPOSE US
BETWEEN.
THANK YOU VERY MUCH OTHER
WITNESSES IN OPPOSITION PLEASE
STEP FORWARD WITH YOUR NAME AND
AFFILIATION.
AM LIMITS ON BEHALF OF
CONSOLIDATED COMMUNICATIONS IN
OPPOSITION TO THE BILL AND AS A
SMALL TELEPHONE COMPANY WE'D
RESPECTFULLY REQUEST A LONGER
IMPLEMENTATION TAKE YOU.
NEXT WITNESS PLEASE.
GOOD AFTERNOON RENDON PALOMINO
ON BEHALF OF SPRING ALSO
RESPECTFULLY IN OPPOSITION THANK
YOU.
BOTTOM CHAIR MEMBERS DOMINIC
TOMORROW HER BEHALF OF FRONTIER
COMMUNICATIONS ALSO IN
OPPOSITION THANK YOU.
HEIDI PERSONALLY ON BEHALF OF
VERIZON WE CONTINUE.
TO ROBUSTLY ARAB SUPPORT THE
INTENT OF THE BILL BUT MUST
RESPECTFULLY OPPOSE TODAY THANK
YOU.
MANAGER MEMBERS MEMORY WITH
EIGHTEEN T. IN OPPOSITION THANK
YOU ANY OTHER WITNESSES IN
OPPOSITION.
APOLOGIES MADAME SHERATON GET UP
HERE FAST ENOUGH BUT DANIEL
TEARS ON BEHALF OF THE UTILITY
REFORM NETWORK AND THE CONSUMER
FEDERATION OF CALIFORNIA IN
SUPPORT ALRIGHT.
ANYONE ELSE WITH THE AN OPINION.
OKAY LET'S BRING IT BACK TO THE
DYESS ANYONE ON THE DíAS HAVE
ANY QUESTIONS OR OPINIONS.
SENATE AROUND.
I JUST -- CAN I GET IT I THINK
WE ALL ARE TOTALLY IN SUPPORT OF
THE THE GOAL HERE AND LOVE THE
HASHTAG.
HI TELL US JUST A LITTLE BIT
MORE ABOUT HOW YOU YOU'RE
WORKING WITH ELDERLY FOR THIS TO
BE SUCCESSFUL WE HAVE.
TO AS THE WORK ON THE PLATFORMS
THAT -- THAT ARE ARE IN QUESTION
RIGHT AND SO HOW ARE WE WHAT'S
YOUR SENSE OF THE CURRENT STATE
NEGOTIATIONS WITH THE FOLKS IN
THE TELECOM INDUSTRY ABOUT HOW
TO REALLY MAKE THIS WORK IN A
WAY THAT IS BOTH FEASIBLE -- AND
AND MEANINGFUL FOR CONSUMERS AND
I MEET WITH THEM AT LEAST ONCE A
WEEK -- TO DISCUSS ANY PROVISION
OF THIS BILL AND AGAIN -- AND
I'M OPEN -- TO THEIR IDEAS -- WE
HAVE DISCUSSED THIS.
AT LENGTH.
AND I STILL FEEL IN ALL OUR
CONVERSATIONS -- WE WE NEED AN
AND MORE ENFORCEMENT MECHANISM
ON THE LAW THAT'S WHY I'M OPEN
TO SUGGESTIONS ON HOW WE ENFORCE
BUT CURRENTLY.
THE P. YOU SEE DEALS WITH
TELECOMMUNICATIONS -- GENERALLY.
AND THEY HAVE -- THE THE THE
BEST WAY TO TO AT LEAST IDENTIFY.
INSTANCES OF THIS AND WE'RE ALL
WE'RE DOING THAT WE'RE NOT TASK
IN THE P. YOU SEE.
WITH ANYTHING OTHER THAN TO WORK
WITH THE STATE AND LOCAL LAW
ENFORCEMENT. TO SUPPORT.
THE THE ENFORCEMENT OF THE
EXISTING NOW CONSUMER PROTECTION
LAWS WITH IN CALIFORNIA THAT'S
BASICALLY ALL WHAT WE'RE DOING
WE'RE NOT GOING OUT THERE AND
SAY YOU MUST.
REGULATE WHAT THIS IS JUST AN
ENFORCEMENT MECHANISM WORKING
WITH THE ATTORNEY GENERAL TO A
TO BRING THOSE PEOPLE TO JUSTICE.
THAT ARE ENGAGING IN THIS
ILLEGAL ACTIVITY.
BY NO MEANS AM I SAYING THAT THE
TELECOMMUNICATIONS PROVIDERS.
ARE ARE THE ONES THAT ARE ARE
ARE DO ARE UP TO THE WRONG DOING
AND I DON'T WANT THIS TO BE A
BILL.
THAT FINDS WAYS TO PUNISH THE
INDUSTRY NOT AT ALL BUT WE HAVE
FOUND A BETTER WAY TO DO THIS
AND CANADA IS IS LEADING THE
ROLE WHEN YOU SAY.
ALL THE FEDERAL GOVERNMENT'S
TAKING ACTION FOR A GOVERNMENT
HAS NOT TAKEN ACTION THE FEDERAL
GOVERNMENT HAS NOT EVEN.
BEGUN TO TAKE ACTION BUT ISSUED
A WARNING TO THE INDUSTRY THAT
IF THEY DON'T DO SOME ABOUT THIS
THEY WILL TAKE ACTION.
THAT THAT'S A WEEK.
TAKING ACTION.
THERE IS A WONDERFUL A
DOCUMENTARY BY BY JOHN OLIVER --
I ENCOURAGE YOU TO WATCH THAT IT
JUST REALLY GETS INTO THE
DETAILS OF THIS MATTER AND IT
HE'S BASICALLY CHALLENGING.
LAWMAKERS ACROSS THE STATE TO DO
SOMETHING ABOUT IT BECAUSE THE
SOLUTION IS AVAILABLE TO US NOW.
WHY WE WHY WE HAVE MEMBERS IN
THE INDUSTRY SAYING THAT IT'S
NOT AND THEY CAN IMPLEMENTED BY
THAT DATE?
I DON'T KNOW WHY AREN'T THE
WORKING ON IMPLEMENTING IT NOW
WITHOUT OUR INVOLVEMENT I DON'T
KNOW EITHER.
IF 40% OF EVERY CALL BEEN ISSUED.
A BEING BEING TRANSPARENT OUR
PHONES.
IS NOT SEEN AS AN ENORMOUS
PROBLEM.
I DON'T KNOW WHAT IT'S GOING TO
TAKE FOR US TO BEGIN TO WORK TO
SOLVE THIS PROBLEM.
IF I THOUGHT THAT THEY WERE JUST
A AND AGAIN YOU KNOW YOU CAN YOU
CAN LOOK INTO THIS FOR YOURSELF
IF I THOUGHT THAT THEY COULD NOT
DO THIS.
BY -- JULY OF TWENTY TWENTY YOU
KNOW I WOULD NOT PLAY BUT HE'S
SUCH A HARD DATE BUT THIS IS
SOMETHING THAT IS ALREADY OUT
THERE AND THEY'VE EVEN COUNTED
WHAT Y..
SHAKEN AND STIRS ARE ALREADY
DEVELOPING BETTER TECHNOLOGIES
AND SAKE SHAKEN SERVE WELL
THAT'S IN THE BILL.
SHAKEN -- SERVERS OR SOMETHING
MORE EFFECTIVE.
AND AGAIN OF I UNDERSTAND THAT.
ANYTHING THAT REQUIRES THEM TO
DO ANYTHING IS NOT SOMETHING
THEY'LL AGREE TO IN ANY
CIRCUMSTANCE EVEN IF IT'S
SOMETHING THAT'S GOOD.
YOU KNOW I JUST.
I I I THEY'RE NOT OPPOSE I DON'T
THINK THEY'RE OPPOSED TO TO
DOING THIS THEY'RE JUST SUPPOSED
TO HAVE BEEN A LAW.
IN THE BOOKS THAT THEY SEE AS A
LIABILITY TO THEM AND I
UNDERSTAND THAT YOU KNOW IF.
IF I WERE IN THEIR SHOES I'D
PROBABLY DO THE SAME THING I I'M
NOT CRITICIZING THEM AT ALL.
BUT THAT THAT IS SOMETHING THAT
THEY'LL THEY'LL HAVE TO DEAL
WITH.
IT IN. FOR US TO BASICALLY
ACHIEVE SOME LEVEL OF SANITY.
IN OUR IN OUR PHONE SYSTEM THIS
IS A MAJOR ISSUE WHEN PEOPLE
START TO IGNORE PHONE CALLS AT
THE RECEIVING.
OR REQUEST WERE IGNORING CALLS.
FROM -- LAW ENFORCEMENT OR THEIR
SCHOOLS BECAUSE THEY HAVE OVER
THERE FREIGHTED IT.
IT JUST CREATES THIS THIS CHAOS
AND OUR PHONE SYSTEM IT'S
LITTERED WITH UNCERTAINTY IT
REDUCES THE PUBLIC'S CONFIDENCE
IN A TECHNOLOGY THAT.
HE IS IS ONE OF THE IS BECOMING
ONE OF THEIR LARGEST MONTHLY
BILLS.
AND I JUST THINK WE CAN DO.
SOMETHING BETTER IN CALIFORNIA
IF CANADA IS DOING THE-SUCCESSFULLY WHY CAN'T WE TRY.
BUT CERTAINLY THE LARGEST
MONTHLY BILLS WOULD MEAN WELL OF
THE YOUR YOUR LEFT CELL PHONE
BILLS ARE ARE PRETTY LARGE.
CELL PHONE BILLS ARE BECOMING
VERY VERY BIG BECAUSE MOST
PEOPLE ARE ARE ARE CONDUCTING
THEIR RIGHT OKAY BUSINESS.
ON PHONES -- A PHONE IS NOT JUST
A PHONE ANYMORE IT'S YOU KNOW
IT'S IT'S A C. P. U. OF OUR
LIVES.
AND AND IT'S BECOME ALMOST
ESSENTIAL TO EVERYBODY'S.
DAILY LIVES AND AND HAVING 40%
OF EVERY I JUST CAN'T GET OVER
THAT NUMBER.
WE CAN DO BETTER WE SHOULD TRY
AND I'M OPEN TO SUGGESTIONS.
BUT THE IDEA IS THIS CAN BE DONE
WE SHOULD BE DOING THAT WE WE
HAVE A COUPLE MORE QUESTIONS BUT
I JUST LIKE TO DIRECT YOUR
ATTENTION AND WE'LL GO TO
SENATOR STERN.
THERE WAS A SUGGESTION OF BY I
FORGET WHAT PART OF THE INDUSTRY --
THAT THEY HAD TO CONCERNS ONE IS
THEY DON'T REALLY LIKE THE P.
YOU SEE DOING THIS AND I'M NOT
SURE THIS ANYBODY IN THIS ROOM
IS OVERWHELMINGLY DELIGHTED WITH
THE WORK THAT.
YOU SEE THESE DAYS WOULD YOU
WOULD YOU CONSIDER OR OR A
PLEDGE TO CONTINUE WORKING WITH
SOME ALTERNATIVE ON ENFORCEMENT.
AND THEN ALSO ADDRESS AND I'D BE
GLAD TO WORK WITH YOU AS WELL
GREAT AND THEN THE SECOND ONE IS
THE LIABILITY PROTECTION FOR
IMPROPERLY BLOCKED CALLS WOULD
YOU ALSO AGREE TO CONTINUE
WORKING.
ON ON THAT TO THE TO THAT
THERE'S A LEGITIMATE CONCERN
MIGHT NEED TO MEET.
ANYBODY THE BILL PERFECT I
THOUGHT THERE WAS A REAL
LIABILITY OF THEM BLOCKING CALLS
THIS BILL DOES NOT ADDRESS
BLOCKING AND THAT'S AGAIN OKAY
THEIR MESSAGE JEAN.
IS IS IS I UNDERSTAND TO CONFUSE
AND SO IF THAT'S SO THEN THAT
ISN'T AN ISSUE BUT I THINK THOSE
WERE.
TO IT WAS CONSIDERED CONCERNS
THAT DIDN'T SEEM TO HAVE I THINK
SOME RESIDENTS HERE AND IF YOU
KEEP WORKING ON THAT THAT'S ALL
THAT'S ALL I'D ASK A WORKING
SOLVE IN ANY PART OF THE BILL.
BUT I WON'T WORK ON SOLVING A
PROBLEM THAT DOESN'T EXIST I
THAT SENATOR STERN
MANAGER MAYBE JUST BUILDING ON
THAT.
WHAT WHAT ARE THE LIGHT WHAT
WOULD THEY BE LIABLE WHAT WITH
THE TELL BECAUSE BE LIABLE FOR
UNDER THIS LIKE HOW HOW DO HOW
DOES THE ENFORCEMENT WORKERS I'M
SEEING?
I'M LOOKING THROUGH THE ANALYSIS
IT'S AUTHORIZING.
THE AG TO PROSECUTE ACTIONS FOR
VIOLATIONS AND THEN THERE'S
HANDLE TEAS.
SO THE THE ENFORCEABLE COME FROM
P. YOU SEE AND THE AG OR FOR THE
P. YOU SEE WOULD GATHER THE AG
WOULD ENFORCEAND WHAT WE TRY.
TO TRIGGER THAT ENFORCEMENTCAN
YOU NOW AGAIN THE BILL ALL THE
BILL DOES IS REQUIRE THEM.
TO CREATE A CALLER
IDENTIFICATION AUTHENTICATION
SYSTEM.
THAT.
IT DOESN'T SAY.
THAT IT HAS TO AFFECTED REALLY
BLOCK EVERY SINGLE CALL DOESN'T
SAY THAT BUT IT IS THAT --
SHAKEN STIRS IS IS TO FIND.
AND IT IT'S ALREADY -- THEY'LL
EVEN SAY WERE WERE USING SOME OF
THESE PROGRAMS ALREADY -- AND
AND SOME ARE AVAILABLE TO
CONSUMERS CHICKEN SISTERS AS A
CALLER I. AUTHENTICATION
PROTOCOL THAT USES COMPUTER PRAG
PROGRAMMING. TO DETERMINE IF THE
CALLER HAS BEEN SPOOFED THE
PROGRAM IN THE PROGRAMMING IS
EMBEDDED INTO TELECOMMUNICATION
NETWORK CONTROLS.
AND USES INFORMATION ABOUT THE
CALL TO DETERMINE THE DEGREE TO
WHICH THE CALL IS LIKELY SPOOFED.
THE SOFTWARE CAN DETERMINE THE
FOLLOWING.
THE CALLER ID IS FULLY VERIFIED --
A FREQUENTLY WHEN THE CALLER HAS
A CALLER ID IT IS REGISTERED
WITH THE A CARRIER FROM WHICH IT
IS PLACING THE CALL -- THE
SOURCE OF THE CALL IS IDENTIFIED.
BUT IT IS NOT KNOWN TO WITH THE
CALLER IS AUTHORIZED TO USE A
CALLER ID SO FREQUENTLY.
THIS OCCURS WHEN BUSINESSES HAVE
MANY INTERNET PHONE LINE TO
SHARE THE SAME TELECOM TRUNK FOR
OUTBOUND CALLS.
THE THE PROBE IT GOES ON TO KIND
OF DESCRIBE.
THAT.
ARE THERE IT THERE IS A SYSTEM
FOR TRYING TO SEPARATE CALLS
THAT HAVE BEEN DIGITIZED AND
BETTER.
SO.
THE TECHNOLOGY EXISTS FOR SURE
AND ALL THE BILL REQUIRE.
IS THAT THEY IMPLEMENT THIS
TECHNOLOGY.
SIMPLE SO THEY'D BE THEY'D BE
LIABLE.
WOULD IF THEY DIDN'T TAKE A SHOT
AT IMPLEMENTING IT RIGHT THEY'RE
NOT LIABLE IF IT'S BASED ON THE
EFFICACY OF THAT TECHNOLOGY IT'S
NOT IF IT'S PERFECT OR LESS THAN.
IT'S IT'S ART ARE THEY PUTTING
FORWARD.
A PLAN THAT'S A 100% CORRECT
OKAY.
THANKS.
THERE ANY OTHER QUESTIONS
COMMENTS.
CENTER I'M SURE DID YOU HAVE ONE
CENTER BUT NO OKAY.
ALL RIGHT -- IS OUR MOTION.
ARTICLE -- WOULD HAVE MOVED BY
SENATOR STERN.
CENTER HUESO YOU MAY CLOSE
SIMPLY ASK FOR YOUR SUPPORT
THANK YOU ALL RIGHT.
THE MOTION IS TO PASS AS AMENDED
TO THE SENATE APPROPRIATIONS
PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE A
BORDERS.
ORDERS HI ALAN.
ALLEN AYE CABALLERO.
MORNING.
MONNING AYE STERN.
STERN I AM BURKE.
NUMBER FIVE WHAT CASSIE RIGHT
HEALTHY I IS THERE SOME COFFEE
HERE FOR SENATOR STERN.
ALL RIGHT THAT BILL HAS A SEVEN
VOTES WILL LEAVE THE ROLE OPEN
THANK YOU CENTER HUESO UP NEXT
UP SENATOR HILL.
FILE ITEM SIX SB.
TWO TWENTY TWO THE CONSOLE I'M
SORRY SENATOR HUESO.
THERE'S ANOTHER BILL SIX
NINETEEN LOW.
PROMISES [inaudible]
PLACE -- WE'LL GO OUT AND GET
HIM BUT WHAT DO WE DO THIS WILL
LET YOU GO AHEAD SENATOR HILL.
THIS AYE YOU'VE BEEN WAITING
PATIENTLY FILE ITEM SIX IT IS
ALWAYS A PLEASURE TO BE HERE SB
TWO TWENTY TWO MADAM CHAIR IS A
RE INTRODUCTION OF SB.
ONE FOURTEEN TWENTY SEVEN FROM
LAST YEAR WHICH PASSES COMMITTEE
AND FALL AND FULL LEGISLATURE
WITH BROAD BIPARTISAN SUPPORT IN
FACT.
SEVEN OF THESE COMMIT CURRENT
COMMITTEE MEMBERS HAVE VOTED FOR
IT PREVIOUSLY SB TWO TWENTY TWO
WOULD PROTECT VETERANS AND
MILITARY PERSONNEL FROM HOUSING
DISCRIMINATION.
AND ENSURE THAT LANDLORDS CANNOT
DENY HOMELESS VETERANS HOUSING
BASED SOLELY.
ON THE FACT THAT THEY RECEIVE A
RENTAL ASSISTANCE VOUCHERS.
US VETERANS IN THOSE CURRENTLY
SERVING IN THE ARMED FORCES ARE
PROTECTED FROM EMPLOYMENT
DISCRIMINATION.
BY THE CALIFORNIA FAIR
EMPLOYMENT AND HOUSING ACT
HOWEVER THE LAW DOES NOT
SPECIFICALLY INCLUDE.
VETERANS OR MILITARY PERSONNEL
AMONG THOSE WHO ARE PROTECTED
FROM HOUSING DISCRIMINATION.
ALMOST EVERY OTHER PROTECTED
CLASS IN THE FAIR EMPLOYMENT AND
HOUSING ACT IS PROTECTED IN BOTH
EMPLOYMENT AND HOUSING
DISCRIMINATION STATUTES.
SB TWO TWENTY TWO WOULD ADDRESS
THIS GAP BY ADDING VETERANS AND
MILITARY PERSONNEL AS A
PROTECTED CLASS IN STATUTES
RELATING TO HOUSING
DISCRIMINATION.
THE BILL WILL ALSO ENSURE OUR
HEROES ARE NOT DISCRIMINATED
AGAINST IN HOUSING AND ARE NOT
DENIED HOUSING BECAUSE OF HOW
THEY PAY THEIR RENT.
OUR VETERANS AND MILITARY
PERSONNEL ALREADY FACE
SIGNIFICANT HOUSING CHALLENGES
THEY SHOULDN'T HAVE TO WORRY
ABOUT BEING DISCRIMINATED
AGAINST WHEN TRYING TO FIND A
HOME. FOR THEMSELVES AND THEIR
FAMILIES THANK YOU MADAM CHAIR
AND MEMBERS I HAVE WITNESSES IN
SUPPORT.
THANK YOU VERY MUCH IF YOU COULD
GIVE US A TWO MINUTE
PRESENTATION.
THANK YOU.
I GREG HAYES HERE ABOUT HALF OF
THE CALIFORNIA ASSOCIATION OF
VETERANS SERVICE AGENCIES THANK
YOU MADAM CHAIR AND MEMBERS.
SENATOR HILL THAT A VERY GOOD
JOB OF MAKING THE CASE -- CABS A
IS A VETERANS SERVICE
ORGANIZATION THAT FOCUSES ON
SERVING THAT'S IN THE AREAS OF
HOMELESSNESS MENTAL HEALTH AND
WORKFORCE DEVELOPMENT -- IN
ADDITION TO MAKING THE CASE
THERE'S ANECDOTAL EVIDENCE THAT
VETERANS ARE DISCRIMINATED
AGAINST -- HOWEVER -- THE
WASHINGTON ATTORNEY GENERAL BOB
FERGUSON DID A STING TO EVALUATE
WHETHER NOT THIS WAS ACTUALLY
HAPPENING IN THAT STING THEY I
EMAILED FIFTY RANDOM LANDLORDS
ASKING THEM.
IF THEY COULD USE A HIDE BASH
VOUCHER FOR THE PURPOSES OF
HOUSING AND TEN RESPONDED --
JUST WITH THE BLANKET WE DON'T
ACCEPT THOSE -- IT -- IS
HAPPENING IN ADDITION THE URBAN
INSTITUTE DID A FIVE CITY PILOT --
STUDY -- FUNDED BY THE US
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND FOUND ABOUT YOUR
AFFORDABLE HOUSING LANDLORDS
THAT SAY YES CAN BE EXTREMELY
CHALLENGING IN LOS ANGELES THE
STUDY FOUND.
THAT 76% OF LOS ANGELES
LANDLORDS REFUSED TO ACCEPT
WE HOPE YOU'LL PASS THIS VERY
VALUABLE BILL TO PREVENT THIS
DISCRIMINATION WE APPRECIATE
YOUR SUPPORT.
VERY MUCH OTHER WITNESSES IN
SUPPORT.
MADAM CHAIR MEMBER MIKE MATIC
VICE PRESIDENT NATIONAL GUARD
ASSOCIATIONS FOR THE BILL THANK
YOU.
SYLVIA SOLELY SHAUN BEHALF OF
THE CITY OF SANTA MONICA IN
SUPPORT.
THANK YOU VERY MUCH DID YOU
SPEAK TO MR A ALLEN ABOUT YOUR
PRIOR SUPPORT ON THE BILL THAT
HE WASN'T IN THE ROOM.
THERE YOU GO JUST WANNA MAKE
SURE YOU'RE ON TOP OF THOSE A
CONSTITUENCY OR ANY WITNESSES IN
OPPOSITION [inaudible]
GOOD AFTERNOON.
A GOOD AFTERNOON SURE JACKSON
MEMBERS -- CREAM THREE C. ON
BEHALF OF THE CALIFORNIA
ASSOCIATION OF REALTORS -- HERE
TODAY WHEN THE POST WAS AMENDED
POSITION ON SB.
TWO TWO TWO SB TWO TWO TWO IS A
REINTRODUCTION OF SB.
FOURTEEN TWENTY SEVEN WHICH WAS
VETOED BY GOVERNOR BROWN LAST
YEAR.
THE FIRST COMPONENT OF THE BILL
SEEKS TO AMEND THE CALIFORNIA
FOR EMPLOYMENT AND HOUSING AT TO
INCLUDE VETERAN OR MILITARY
STATUS SEE OUR IS PERFECTLY FINE
WITH THOSE PROVISIONS.
HOWEVER THE SECOND COMPONENT OF
THE BILL -- REDEFINED SOURCE OF
INCOME TO INCLUDE SECTION EIGHT
HUD BASH VOUCHERS -- THIS
EFFECTIVELY REQUIRES ALL RENTAL
PROPERTY OWNERS TO PARTICIPATE
IN SECTION EIGHT UNDER HUD'S
VETERAN AFFAIRS SUPPORTIVE
HOUSING PROGRAM.
IT IS IMPORTANT TO NOTE THAT
SECTION IT WAS DESIGNED TO BE
VOLUNTARY BECAUSE UNLIKE CASH
VOUCHERS SECTION EIGHT ENTAILS
EXTENSIVE COORDINATION WITH THE
LOCAL HOUSING AUTHORITY.
UNIT INSPECTIONS AND OTHER
REQUIREMENTS TO TAKE A
CONSIDERABLE AMOUNT OF TIME TO
FULFILL WELL THE UNITS IT'S
VACANT -- MOST NOTABLY SECTION A
REQUIRES THE LANDLORD TO ENTER
INTO A LEGALLY BINDING CONTRACT
KNOWN AS A HOUSING ASSISTANCE
PAYMENTS OR HAPPY CONTRACT.
SB TWO TWO TWO REQUIRES ALL
LANDLORDS TO PARTICIPATE IN THE
SECTION EIGHT HUD BASH PROGRAMS
BY FORCING THEM TO ENTER INTO A
HAVE CONTRACT THE PROVISIONS OF
WHICH THEY MAY NOT BE ABLE TO
FILL.
LAST YEAR SEE OUR WORK WITH THE
LEGISLATURE ON AB TWENTY TWO
NINETEEN TEN WHICH REQUIRES ALL
LANDLORDS ACCEPT CASH VOUCHERS
FROM THIRD PARTIES.
HOWEVER THAT BILL EXCLUDED
SECTION.
EIGHT BECAUSE SECTION REQUIRES
LANDLORDS TO CONTRACTUALLY ENTER
INTO AN AGREEMENT AND SUBJECTS
AND OTHER BURDENSOME STANDARDS.
SEE OUR AGREES WITH FORMER
GOVERNOR BROWN TO VETO MESSAGE
THAT THE SECTION EIGHT HAD BASH
PROGRAM SHOULD REMAIN VOLUNTARY
AND AS A RESULT OPPOSES SB TWO
TWO TWO UNTIL THE MANDATORY
PARTICIPATION PROVISIONS ARE
REMOVED FROM THE BILL.
SEE OUR ENCOURAGES THE COMMITTEE
TO CONSIDER ALTERNATIVE
PROPOSALS.
SUCH AS SB FIVE TWO ONE BY
SENATOR PORTANTINO WHICH WOULD
ESTABLISH A TAX CREDIT TO
INCENTIVIZE MORE LANDLORDS TO
VOLUNTARILY PARTICIPATE IN
SECTION.
EIGHT HOWEVER THIS TIME WE
RESPECTFULLY REQUEST YOUR NO
VOTE ON SB TWO TWO TWO THANK YOU
THANK YOU VERY MUCH ANY OTHER
WITNESSES IN OPPOSITION.
RIGHT SEEING AND HEARING NONE
WILL BRING IT BACK TO THE DYESS
SENATOR ON BURKE.
OF THE THANK YOU SENATE BILL --
CENTER GLAZER HAS A BILL -- IT
IS SB SIX FOUR FOUR IF YOU
SPOKEN TO SENATOR GLAZER ABOUT
IT IT IT SEEMS LIKE YOU'RE BOTH
FOCUSED ON A SIMILAR ISSUE.
I DON'T KNOW I'M NOT TALKING
ABOUT THAT IN AN OKAY WELL JUST
A JUST A HEADS IDEA -- BUT WE'LL
TALK WITH THEM.
THANK YOU CENTER THANK YOU ANY
OTHER.
I JUST LIKE GO I JUST LIKE TO
GET CONFIRMATION OF YOU KNOW
THIS VOLUNTARY PROGRAM CLEARLY
HASN'T WORKED -- AND THERE MAY
BE OTHER WAYS AND AND SENATOR
HILL YOU MIGHT.
CHECK WITH THE SENDER PORTANTINO
AND BUT BUT I I'M JUST CONCERNED.
AS CERTAINLY WITH TO SAY THIS IS
VOLUNTARY JUST ISN'T WORKING I
THINK THIS THE STATISTICS ARE
PRETTY OVERWHELMING.
I WANT TO BE CLEAR THOUGH -- IN
CENTERVILLE FEW WOULD CONFIRM
THAT THIS BILL DOESN'T FORCE
LANDLORDS TO ACCEPT THE VOF
ASH VOUCHER HOLDER JUST BECAUSE
THE PERSON IS OF ASH.
A VOUCHER HOLDER IN OTHER WORDS
ALL THE OTHER REQUIREMENTS WOULD
BE IN PLACE THERE ARE REASONS
HAS A BAD CREDIT RATING OR ANY
OTHER LAWFUL BASIS ANOTHER WOULD
JUST DOESN'T PUT THEM -- GIVE
THEM PRIORITY THIS JUST SAYS
THEY HAVE A AND SEAT AT THE
TABLE IF YOU WILL IF ALL THEIR
OTHER -- VISIONS CONDITIONS ARE
MET YES THAT'S ACTUALLY TRUE AND
I THINK WE NEED TO PUT THIS IN
PERSPECTIVE MADAM CHAIR.
HERE IN THE REALTORS I I FIND IT
ALMOST EMBARRASSING.
OF THEIR OPPOSITION BECAUSE
WE'RE TALKING ABOUT. ONE
THOUSAND EIGHT HUNDRED AND
EIGHTY TWO VOUCHERS IN THE
ENTIRE STATE OF CALIFORNIA
EIGHTEEN HUNDRED AND EIGHTY TWO
VETERANS WHO COULD FIND A HOME
WITH THOSE VOUCHERS NOW THERE
ARE FOUR HUNDRED THOUSAND
SECTION EIGHT VOUCHERS IN
CALIFORNIA.
WE'RE TALKING ABOUT A SUBSECTION
OF SECTION EIGHT THAT APPLIES TO
VETERANS AND IT DOESN'T JUST
GIVE THEM A HOUSING VOUCHER
GIVES OF OTHER SERVICES
COMPLEMENTARY SERVICES THAT GO
WITH THOSE VOUCHERS THAT THEY
NEED -- AND IN ORDER FOR THEM TO
GET THAT SO THAT'S FOR AND THERE
ARE OVER SIX MILLION.
RENTAL HOUSING UNITS.
IN CALIFORNIA.
SO THIS IS A EIGHT AND WE WORK
VERY CLOSELY WITH THE CHAMBER
LAST YEAR THE CALIFORNIA
APARTMENT ASSOCIATION WERE
ACTUALLY RENT PROPERTY TO THEM
REALTORS SELL PROPERTY THEY
DON'T RENT PROPERTY.
UP AND MAYBE SOME OF THEM DO BUT
WE WORK WITH THE CHAMBER THE
CALIFORNIA BUILDING INDUSTRY
ASSOCIATION AND THEY'VE ALL
REMOVE THEIR OPPOSITION.
SO THANK YOU.
US SENATOR MONNING.
THANK YOU FOR BRINGING THIS
FORWARD AND JUST REAL BRIEFLY
HAS THERE BEEN ANY.
INDICATION OF AN INCREASE IN
DISCRIMINATION AFTER THE RECENT
GOVERNMENT SHUT DOWN.
IN A FEAR OF LANDLORDS PERHAPS
THAT.
VETERANS OR ACTIVE DUTY MILITARY
WON'T BE ABLE. TO PAY THE RENT
THE STUDIES WE'VE SEEN HAVE BEEN
BEFORE PRIOR TO THAT TAT TIME
MEAN TO ME THAT JUST ADDS TO THE
IMPORTANCE OF THIS BILL IS IF
THERE'S THE FEAR THAT.
MILITARY PERSONNEL OR VETERANS
ARE GONNA SOMEHOW.
NOT GONNA BE ABLE TO PAY THE
RENT BECAUSE OF NOW THE USE OF
GOVERNMENT SHUT DOWN THE AS
APPARENTLY IN NEW POLITICAL
TACTIC SO.
AGAIN I'M GLAD -- TO MOVE THE
BILL AT THE APPROPRIATE TIME
THANK YOU FOR HANGING RIGHT.
DID DID YOU HAVE A OMMENT IS
AND I JUST WANTED AB ONE STAT
THE 76% -- DISCRIMINATION THAT
WE MENTION AMONG LOS ANGELES
LANDLORDS IF YOU ACTUALLY --
SEGMENT BY THE POOREST
NEIGHBORHOODS IT GOES UP 282%
25% HOMELESS VETERANS ARE --
HAVE U. S. HOMELESS VETERANS ARE
IN CALIFORNIA THE PROBLEM HERE
IS MOST ACUTE THIS ADDS TO IT
THANK YOU.
ALL RIGHT OF WE HAVE A MOTION BY
SENATOR MINING CHICKEN WE ACCEPT
THAT.
STATEMENT AS YOUR CLOTHES AND
WITH THAT WE HAVE A MOTION. TO
PASS TO SENATE APPROPRIATIONS.
PLEASE CALL THE ROLL.
JACKSON HI JACKSON I FOR JUST
[inaudible]
ALAN.
ALLEN I CABALLERO [inaudible]
MONNING.
FUNNY I STERN.
EARN I AM BURKE.
ARMORED IOWA CASKEY.
REGULAR SKI I VOIGTS SAID THE
BILL HAS SO SIX VOTES WILL LEAVE
IT OPEN FOR THE ABSENT MEMBERS
THANK YOU SENATOR HELL.
SENATE HUESO COME ON BACK
[inaudible]
SORRY.
WE BOTH FORGOT YOU HAD A SECOND
BILL.
YEAH I DID I'M SORRY IN A GIVEN
MY C. PREMATURELY THAT'S RIGHT --
NO NO HE WAS JUST SO IMMERSED IN
THEIR PRIOR BILL BUT NOW WE HAVE.
SB SIX NINETEEN FILE ITEM
THIRTEEN ON PROMISE ZONE CENTER
WAY SO THE FLOOR IS YOURS.
THANK YOU MADAM CHAIR YOU KNOW
WHEN I LEARNED THAT -- WHO
GENERALLY -- PEOPLE THAT THE LOW
LOW INCOME FAMILIES OFTEN HAVE
VERY VERY POOR CREDIT AND I
ACTUALLY LEARNED THAT A GROWING
PROBLEM IN OUR STATE.
IS ON LATE LATE PAYMENTS TO
MEDICAL BILLS ARE ACTUALLY
RUINING.
LOTS OF PEOPLE'S CREDIT.
AND AND THIS IS A PROBLEM
GROWING PROBLEM IN OUR STATE
THAT -- PEOPLE LOW SOCIO
ECONOMICS ARE ARE USUALLY.
OUR SYSTEM MAKES AN EVEN BIGGER
ECONOMIC VICTIMS AND THAT --
WHEN WHEN THEY TRY TO ACCESS
CREDIT THEY'RE THEY'RE OFTEN?
ONLY HAVE HIGH INTEREST OPTIONS.
AND WHEN YOU HAVE BAD CREDIT
WHAT OPTIONS DO YOU HAVE TO
IMPROVE YOUR CREDIT THERE REALLY
AREN'T ANY THE VERY FEW.
AND SO ONE OF THE THINGS THAT WE
NEED TO BE WORKING ON IN THE
STATE IS PATHWAYS TO HELP THESE
FAMILIES.
IMPROVE THEIR CREDIT THIS BILL
SB SIX NINETEEN CREATES A PILOT
PROGRAM IN CALIFORNIA WITHIN THE
PROMISE ZONE INITIATIVE PROGRAM.
TO ALLOW FAMILIES IN THOSE AREAS
TO GET TO PARTICIPATE.
IN A RENT REPORTING PROGRAM --
WHERE THEY CAN -- REPORT THEIR
MONTHLY RENTAL PAYMENTS.
AND WORKING IN CONJUNCTION WITH --
THE OWNERS OF THE APARTMENT
STILL ESTABLISH A PROGRAM WHERE
THEY WILL THEY WILL REPORT -- ON
A MONTHLY BASIS TO ACT EQUIFAX
AND ALL THE A CREDIT.
AGENCIES SO THAT THIS WILL HELP
PEOPLE IN THOSE AREAS ESTABLISH
A CREDIT RATING THAT ALL I HELP
THEM ACCESS CHEAPER LINES OF
CREDIT SHOULD THE NEEDHAM -- IN
THE FUTURE SO.
AS AS WE'RE LOOKING AT HOW THE
STATE COULD SUPPORT PROMISE THE
PROMISE ZONES AND AND
UNDERSERVED AREAS AND HOW THEY
THEY CAN.
YOU KNOW I HAD A A BILL LAST
YEAR AS BE.
SIX THIRTY FIVE WHICH WILL WILL
LEVERAGE CALIFORNIA'S PROBLEMS
SO AS TO MEET STATE AND LOCAL
DEVELOPMENT NEEDS -- IT'S THIS
IS A A BILL THAT'S GOING TO GET
THE STATE WORKING WILL LOCALS TO
SEE WHAT WE COULD DO. TO FIGHT
POVERTY IN THOSE AREAS AND THIS
IS ONE OF THE STRATEGIES THAT WE
CAN BE EMPLOYED.
AND IT WILL REQUIRE THAT BY
TWENTY TWENTY ONE THE THE THE
OFFICE OF D. B. O. -- TO HELP
ESTABLISH THAT PILOT PROGRAM
WHEN IN THOSE AREAS IN THE WORK
THAT THEY'RE ALREADY DOING WITH
KOBE IS.
IN IN -- GETTING THE STATE
INVOLVED IN AND SUPPORTING
PROMISE OF AND THERE APPEARS TO
BE NO OPPOSITION TO THE BILLAT
THIS POINT LEAST NON WAS
REGISTERED TO WHAT WE GO AHEAD
WITH YOUR WITNESSES TO WITNESSES
TWO MINUTES EACH.
HORSE YOURS -- THANK YOU MADAM
CHAIR MEMBERS -- MY NAME'S
JESSICA US SOME COMMUNITY
COMMUNITY ORGANIZER WITH MUTUAL
HOUSING CALIFORNIA THE PORTABLE
HOUSING NONPROFIT.
AND WE CURRENTLY HAVE A RENT
REPORTING PROGRAM WE PARTNER
WITH RAMPS PLUS TO REPORT RENTAL
PAYMENTS TO TWO MAJOR CREDIT
BUREAUS.
TRANSUNION AND EQUIFAX AND THIS
PARTNERSHIP ONLY TOOK AS ABOUT
THREE MONTHS -- TO DEVELOP AND
IMPLEMENT IN -- THREE OUT OF OUR
NINETEEN COMMUNITIES.
AND IT CAUSES ABOUT TWO HUNDRED
A MONTH FOR ALL OF THESE THREE
COMMUNITIES.
AND PRIOR TO THIS PROGRAM 40% OF
ALL OF OUR SEVENTY FIVE
ENROLLEES DID NOT KNOW HOW TO
CHECK THE CREDIT REPORT.
AND SIXTY THREE POINT 5% DIDN'T
EVEN KNOW THEIR CREDIT SCORE --
SO WE HAVE THIS PROGRAMMING TO
SACRAMENTO COMMUNITIES AND ONE
IN DAVIS.
AND THROUGH THIS PARTNERSHIP OUR
RESIDENT MEMBERS US HAVE SEEN AN
IMMEDIATE BOOST IN THEIR CREDIT
SCORE AFTER ROLLING INTO THE
PROGRAM.
AND THEY'VE BEEN.
ABLE TO MONITOR THEIR SCORE --
SINCE TWO THOUSAND SEVENTEEN
WHEN WE STARTED THE PROGRAM.
AND THE INITIAL DATA HAS SHOWN
THAT THE AVERAGE CREDIT SCORE
INCREASE BY FORTY POINT EIGHT
YEAH FORTY POINTS AND ABOUT 11%
WERE ABLE TO ESTABLISH CREDIT
FOR THE FIRST TIME.
VERY MUCH NEXT WITNESS HI HI
MATTER CHAIRMAN AND COMMITTEE
MEMBERS -- ANDREW NO WELL I'M A
MUTUAL HOUSING RED IS INDEED --
PARTICULAR THIS PROGRAM IS
ENGAGING YOUNG PEOPLE AND
BUILDING THEIR CREDIT AT MY
COMMUNITY WE HAVE PEOPLE THAT
ARE EIGHTEEN AND TWENTY ONE THAT
ARE NOW GETTING CREDIT.
BECAUSE OF THEM PAYING RENT ON
TIME I THINK THAT'S GREAT WE
ALSO HAVE IN DAVIS COMMUNITY ADD
TO RESIDENT MEMBERS THAT ARE
JUST EIGHTEEN STARTING OFF THEIR
STRONG CREDIT IN BUILDING.
THEIR OR CREDIT THROUGH
MAXIMIZING YOUR CREDIT PROGRAM.
THIS PROGRAM GIVES ME AND OTHER
WITH RESTRICTED INCOME AND
ALTERNATIVES TO BUILD CREDIT
GIVEN.
THE RESTRICTIVE INCOME THAT THEY
HAVE SOLD WE'RE TRYING TO BUILD
IT GIVES SOME OF US ONLY HAVE
ONE CREDIT CARD TRYING TO BUILD
OUR CREDIT BUT NOW WE'RE DOING
BETTER.
GREAT AND IT SAYS BE CAREFUL
THOUGH YOU KNOW CRITICAL YEAH
THEN THEY CAN GET YOU CAN THEY
CAN KILL YOU.
YES I SEEN THAT TOO BECAUSE A
LOT OF PEOPLE DID HAVE BAD
CREDIT WHEN THEY WERE DOING THIS
AND NOW IT'S BUILDING THEIR
CREDIT SO THAT'S A GOOD THING.
AND THEN IT SAYS IT ALSO GIVES --
WHEN FILLING FINANCIALLY
STRAINED MYSELF IN OTHER MUTUAL
HOUSE RESIDENT MEMBERS
HISTORICALLY HAVE CHOSEN TO PAY
RENT FOR THE NECESSITIES WHICH
ONE WOULD GO THE RENT WOULD GO
FIRST?
AND NOW MY CREDIT SCORE HAS
RISEN ABOUT 30% I WAS TRYING TO
KEEP A GOOD THAT'S WHY BUT SINCE
THEN JOINING THIS PROGRAM I'VE
SEEN THAT IT HAS GONE.
AND WE ALSO PAIR WITH FINANCIAL
LITERACY COACHING AND GAIN NEW
SKILLS SUCH AS HOW TO DISPUTE
BILL ERRORS AND OTHER MISTAKES
ENTERED AGAINST ME BY FINANCIAL
SUPPORT AS THERE WAS.
THIS IS ALSO HOW.
TO HOW TO HAVE HEIRS REMOVED
FROM YOUR CREDIT REYES PART.
AND I'M.
AND I'M MORE KNOWLEDGEABLE ABOUT
IDENTIFYING IDENTITY THRIVE
FRAUD SKIS ME.
VERY GOOD THANK YOU SO MUCH.
OR THE OTHER WITNESSES IN
SUPPORT [inaudible]
SHE JUST.
HOWEVER THE PREPARE THE ANNUAL
ECONOMIC FOR MY LOS ANGELES
CALIFORNIA IN SUPPORT OF THE
BILL.
THANK YOU.
AND CHAIR ANY PARKING BEHALF THE
CONSUMER DATA INDUSTRY
ASSOCIATION SUPPORT VERY GOOD
ANY OTHER WITNESSES IN SUPPORT.
RIGHT WE DIDN'T AVE ANY
OPPOSITION IS OR ANY OPPOSITION
HERE TODAY TO TESTIFY.
SEEING NONE WILL BRING IT BACK
TO THE DíAS BEFORE WE GO CENTER --
WHITE HOUSE SKI -- AM I CORRECT
THAT YOU'RE GOING TO ACCEPT THE
TECHNICAL AMENDMENT THAT WAS SET
FORTH IN THE ANALYSIS WITH THE
UNDERSTANDING THAT TO FACILITATE
MOVEMENT OF THE BILL THAT
AMENDMENT.
WILL BE PROCESSED IN THE NEXT
POLICY COMMITTEE VERY GOOD ALL
RIGHT SEARCHES FOR THE CLARITY
CENTER Y. CASKEY -- SENATE HUESO
Y. LIMITED TO THE PROMISE ZONES
I THINK A LOT OF PEOPLE WOULD
POOR -- CREDIT SCORES THAT DON'T
LIVE IN A PROMISE OWN WOULD LOVE
TO HAVE THEIR LANDLORDS
PARTICIPATE IN THE PROGRAM THAT
WOULD.
REPORT THAT INFORMATION.
WE THAT'S WHY WE'RE CALLING IT A
PILOT I I PLAN TO DO SOME WORK
INTO THE ON THIS -- TO HOPEFULLY
ESTABLISH THE STATE WIDE AT SOME
DAVE THIS IS TO INTRODUCE IT AND
WE HAVE LIMITED RESOURCES AND IN
TERMS OF HOW IT CAN BE
IMPLEMENTED WE WANT TO START.
AND SHOW THAT WE CAN.
BRING IT INTO BEING AND MAYBE
HAVE A CATCH ON STATEWIDE SOME
DAY.
THAT'S PART OF THAT FINANCIAL
EDUCATION THAT PEOPLE HAVE AND
YES.
WORK IN THIS AREA FOR A WHILE SO
IT'S A GOOD IDEA AND WOULD MOVE
THE BILL AT THE VERY GOOD.
ALL RIGHTS TING NO OTHER
QUESTIONS OR COMMENTS IN A WAY
SO THERE'S NO.
OBJECTION TO THE BILL YOUR
SUPPORT VERY GOOD.
THE THE MOTION IS TO PASS THE
SENATE RULES.
PLEASE CALL THE ROLL.
JACKSON HI JACKSON I BORDERS.
ALAN.
MONNING EYES STERN.
STERN I BURKE.
UMBERG HIGHWAY CASKEY ACOSTA BY
ALL RIGHT THAT THE BILL HAS SIX
VOTES WILL LEAVE THE ROLL UP AND
THANK YOU SENATOR HUESO.
AND NOW YOU MAY LEAVE.
ALL RIGHT NEXT UP SENATOR
HERTZBERG.
FILE ITEM SEVEN SB.
TWO TWO NINE WELL I'M SURE YOU
HEARD THIS MEASURE AND LABOR
COMMITTEE JUST SOME DAYS AGO --
BASICALLY IN A NUTSHELL A GOOD
YEAR.
BASICALLY TO THAT SHOW.
WHAT HAPPENS IS WE'VE GOT THIS
EXTRAORDINARILY DIFFICULT
PROCESS WHEN SOMEBODY -- IS A
WHISTLE BLOWER AND THE NUMBER OF
DAYS IT TAKES IT HAS TAKEN
HISTORICALLY FOR THEIR CASES
EVEN BE HEARD THE IMPACT ON THE
EMPLOYEE.
WHO STANDS IN GOOD FAITH TO
SOLVE A HELL OF A HEALTH ISSUE
OR SAFETY ISSUE ON THE JOB?
IS PUT IN HARM'S WAY THEIR
FAMILY WITHOUT.
OFTEN WITHOUT PAY AND SO A
COUPLE OF YEARS AGO WE DID A
MEASURE IN THIS HERE THAT
BASICALLY DID TOO BROAD THINGS
ONE GAVE INJUNCTIVE RELIEF POWER
WHERE THERE WAS OVERWHELMING
EVIDENCE FOR THE LABOR
COMMISSIONER TO PROCEED.
AND SECONDLY TO OUR GAVE THE
LABOR COMMISSIONER POWER TO
ISSUE CITATIONS AND PENALTIES
DIRECTLY TO ENFORCE.
RETALIATORY CLAIMS WERE
WHISTLEBLOWER CLAIMS.
BUT IN THE PROCESS AND THE
REASON WHY WE'RE HERE TODAY IS
OFTEN THE CASE IN.
THE LAWS ALL OF WHEN THE HOME
SAYS THE LIFE OF THE LAW HAS NOT
BEEN LOGIC IT'S BEEN EXPERIENCE.
AND THE EXPERIENCE THAT WE
LEARNED IS THAT THERE'S KIND OF
A HOLE IN THAT PROCESS THE THE
CURRENTLY UNDER THE LAW THE
LABOR COMMISSION OF THE LABOR
COMMISSIONER DETERMINES.
SECTION NINETY EIGHT POINT SEVEN
FOUR AFTER INVESTIGATION THAT
THERE'S A VIOLATION.
THE LABOR COMMISSIONER SHOWER
WITH REGIONAL POMPOUS ISSUE
CITATION.
THERE IS A RIGHT IN THIS BILL
FOR SOMEONE TO REQUEST A HEARING
WITHIN THE CASE WHERE THEY
HAVEN'T.
THIS IS WHERE THIS BILL FILLED
THE WHOLE.
IT SAYS IF NO HEARING IS
REQUESTED TO PURSUANT TO
PARAGRAPH ONE TO WHICH I JUST
REFERRED
.
A CERTIFIED COPY THE CITATION
MAY BE FILED WITH THE LABOR
COMMISSIONER IN THE OFFICE OF
THE CLERK OF THE SUPERIOR COURT.
THEN THERE COULD BE AND IN FORCE
WE BELIEVED AND STILL BELIEVE
THAT WE DO WE REALLY NEED TO
TAKE SOME GREATER STEPS TO
BETTER PROTECT WORKERS FROM
RETALIATION -- THE PROCESS BY
LARGE WORKS WELL BUT IT TAKES A
VERY LONG TIME MAKE IT TAKES UP
TO ABOUT THREE YEARS FOR WORKERS.
TO GET ANY KIND OF RELIEF WHEN
THAT RETALIATION HAPPENS
FOLLOWING IN THEIR DECISION TO
REPORT ILLEGAL ACTIVITY.
AND WHILE WE DO STAND BY THREE
OH SIX IT DID TURN OUT THERE
WERE A FEW AREAS IN THE BILL
THAT WOULD BENEFIT FROM SOME
GREATER CLARITY.
HERTZBERG COVER THOSE -- IT ALSO
WE THINK MAKES IT PRETTY BUT WE
THINK IT'LL IN SOME WAYS REDUCE
THE LITIGATION IN THE SYSTEM
BECAUSE THE THE PROCESS
ENVISIONED BY SB.
THREE OH SIX DIDN'T GIVE ALL OF
THE THE WORKERS A DEAL IS
EXACTLY WHAT THEY NEEDED TO JUST
ENFORCE THE CITATION AS IT
STANDS IT LIKELY REQUIRES THE
FILING OF A LAWSUIT WHEN THAT'S
NOT REALLY NECESSARY AND SO WE
THINK.
THIS BILL WILL TAKE A LOT OF
THAT UNNECESSARY LITIGATION OUT
OF THE SYSTEM -- IT MAKES A FEW
OTHER CHANGES THAT WE THINK
WE'LL BOTH PROTECT DUE PROCESS
FOR EMPLOYERS BUT MAKE IT
SOMETHING THAT THEY'RE A LITTLE
BIT MORE FAMILIAR WITH IT LOOKS
LIKE.
THE PROCESS THAT EXISTS FOR
OTHER TYPES OF CLAIMS BEFORE
DEAL ESSIE AND OVERALL WE THINK
IT IS A LOT OF CHANGE IT
PRESENTS A LOT OF CHANGES THAT
WE THINK MAKE THE SYSTEM WORK
BETTER WE URGE OUR SPORT.
YOU ARE THERE ANY OTHER
WITNESSES IN SUPPORT IF YOU'D
STEP FORWARD WITH YOUR NAME AND
AFFILIATION.
VERY CLEAR CHART WITH THE
CALIFORNIA PLAN MILLERS
ASSOCIATION IN SUPPORT THANK YOU.
ANY WITNESSES IN OPPOSITION.
RIGHT SEEING NONE ANY QUESTIONS
FROM THE DíAS.
MOTION BY SENATOR UMBERG AND TO
OFFER.
THIS LOOKS LIKE A PRACTICAL
CLEANUP BILL AGAIN HAS NO
OPPOSITION WE WANT TO MAKE SURE
WE CAN ENFORCE THESE RULES THANK
YOU.
FOR BEING HERE -- FOR ANY
QUESTIONS WE MIGHT HELP BUT I'M
GLAD THE LABOR COMMISSIONER'S
COMMITTED TO THIS AS WELL.
SO WITH THAT WE HAVE A MOTION DO
PASSED THE SENATE APPROACH
PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE FOR JUST.
ALLEN.
ALLEN AYE CABALLERO.
CARRIER -- AYE MONNING.
MONNING AYE STERN.
STERN I AM BURKE.
NUMBER FIVE WHAT KELSEY MY CAL
SKI I ALL RIGHT THE THE BILL HAS
SEVEN VOTES AND WE WILL HOLD THE
ROLL OPEN FOR THE ACTION THE
REMAINDER CENTERS ARE VERY MUCH
THANK YOU VERY MUCH.
ALRIGHT WE HAVE -- TWO BILLS
LEFT BY NON MEMBER AUTHORS THOSE
ARE FILE ITEM TEN SB FIVE
SEVENTY EIGHT BY SENATOR JONES.
AND WE HAVE A S. BEEF SEVEN
FORTY ONE BY SENATOR GALGIANI
FILE ITEM.
SIXTEEN NEITHER OF THOSE.
FOLKS ARE HERE SO I AM HAPPY TO
GO AHEAD AND GO TO THE MEMBERS
OF THE COMMITTEE IF WE COULD ASK
THOSE OTHER TWO TO COME DOWN OR
WOULD JUST KEEP GOING WITH
MEMBERS.
WE WILL START WITH FILE ITEM FOR
WHICH IS SENATOR WHITE HOUSE
SKIS BILL SB.
ONE EIGHTY SEVEN YOU WANT TO DO
SO.
ALREADY GOOD AFTERNOON SENATOR
Y. CASKEY THANK YOU MADAM CHAIR
AND MEMBERS SB ONE EIGHTY SEVEN
SIMPLY CLARIFIES THAT THE TERM
CONSUMER DEBT AND THE ROSENTHAL
FAIR DEBT COLLECTION PRACTICES.
INCLUDES.
MORTGAGE DEBT THE ROSENTHAL ACT
WAS ESTABLISHED TO PROTECT
CONSUMERS FROM DECEPTIVE
DISHONEST AND REASONABLE DEBT
COLLECTION PRACTICES HOWEVER THE
LANGUAGE IS SILENT RESPECT
WHETHER IT.
APPLIES TO PERSONS OR ENTITIES --
TRYING -- TO COLLECT THE
MORTGAGE THAT AS SET FORTH IN
THE EXCELLENT ANALYSIS WITHOUT
THE CLARIFICATION CONSUMERS WITH
MORTGAGE THAT WILL CONTINUE TO
BE HARASSED.
THE COURT AND DAVIDSON VERSUS --
TO TERRACE ILLUSTRATES HOW
VICIOUS AND CONFRONTATION.
CONFRONTATIONAL MORTGAGE
COLLECTOR CAN GET THE MORTGAGE
COLLECTOR -- SO TERRACE CALLED
MR DAVISON'S HUNDREDS OF TIMES
IN THE SPAN OF A FEW MONTHS
CERTAINLY TO FORT NEGATIVE
CREDIT INFORMATION THE CREDIT
BUREAUS AND THREATENED TO
FORECLOSE IS HOME.
THESE CALLS PERSISTED EVEN AFTER
HE EXPLAINED THE PAYMENTS WERE
ALREADY.
COMPLETED FOR THAT THEY WERE NOT
YET TO THIS IS AN EGG EXACT TYPE
OF HARASSMENT THE CALIFORNIA
LEGISLATURE SOUGHT TO PREVENT
WHEN ENACTED THE ROSENTHAL ACT.
I AGREE WITH THE CURRENT
CALIFORNIA COURT MAJORITY THAT
MORTGAGE THAT IS INCLUDED IN
CONSUMER DEBT SB ONE EIGHTY
SEVEN WILL MAKE THIS CLEAR IN
ADDITION MY BILL REMOVES THE
EXCEPTION THAT ATTORNEYS ARE NOT
SUBJECT TO THE ACT -- THIS
ADDRESSES THE MULTIPLE CASES OF
SOLO PRACTICING ATTORNEYS AND
LAW FIRMS HARASSING INDIVIDUALS
FOR PAYMENT AND WITH ME IS --
SHARON JAMAL FROM THE EAST BAY
COMMUNITY LAW CENTER IN SUPPORT.
THANK YOU VERY MUCH GOOD
AFTERNOON TWO MINUTES IF YOU
WOULD AFTERNOON -- AS YOU HEARD
SB ONE EIGHTY SEVEN PROTECTS
CONSUMERS WITH MORTGAGE DEBT
FROM HARASSMENT AND OTHER
ABUSIVE DEBT COLLECTION
PRACTICES.
IN THE SAME VEIN SB ONE EIGHTY
SEVEN ALSO PREVENTS CREDITORS
FROM FARMING OUT DEBT COLLECTION
ACTIVITY TO INDIVIDUALS WHO ARE
NOT SUBJECT TO THE ROSENTHAL ACT.
WHY SHOULD A PERSON BE MORE
VULNERABLE TO HARASSMENT BECAUSE
THEIR CREDIT OR HIRE SOMEONE WHO
CAN SIDESTEP THE PROTECTIONS OF
THE CALIFORNIA STATUTE?
ORIGINALLY THE FEDERAL FAIR DEBT
COLLECTION PRACTICES AT ALSO
EXEMPTED ATTORNEYS.
BUT SOME CREDITORS RESPONDED BY
PLACING THEIR ACCOUNTS WITH
UNSCRUPULOUS LAW FIRMS AND SEVEN
ON ATTORNEY DEBT COLLECTORS
THESE LAW FIRMS CAN ENGAGE IN
DECEPTIVE AND ABUSIVE COLLECTION
PRACTICES WITHOUT RISK OF
LIABILITY UNDER THE FDCPA. TO
PROTECT CONSUMERS FROM GROWING
HARM ATTRIBUTABLE TO THIS
ACTIVITY CONGRESS IN NINETEEN
EIGHTY SIX RESCINDED THE
ATTORNEY EXEMPTION.
AT AB CLC WE REGULARLY TALK TO
CONSUMERS HER EXPERIENCE
HARASSMENT AND DECEPTIVE
PRACTICES BY THOSE WHO ARE NOT
SUBJECT TO THE RESIN BALL ACT.
FULL PROPRIETOR LAW OFFICES AND
GENERAL PARTNERSHIPS WE RECENTLY
ASSISTED A CLIENT WHO WAS TOO
ASHAMED TO COME HERE TODAY TO
TESTIFY IN PERSON BUT TOLD ME I
COULD SHARE HIS STORY AND
HONESTLY.
MR S. WAS UNABLE TO PAY BACK
ALONE AFTER HE BECAME DISABLED
AND WAS LIVING ON SSI FOR MONTHS
AND MONTHS HE WAS HARASSED BY
SOMEONE WORKING IN A LAW OFFICE
HE WAS PRESSURED YELLED AT
THREATEN AND REPEATEDLY LIED TO
ABOUT WHAT ACTIONS A LAW OFFICE
INTENDED TO TAKE TO COLLECT.
THE DEBT.
THE INSISTENT EVEN CALLED HIM TO
PRESSURE HIM TO PAY AFTER WE
OFFICIALLY SIGNED ON TO
REPRESENT HIM.
MANY OF THESE ACTIVITIES
VIOLATED THE RESIN OFF ROSENTHAL
ACT HOWEVER NEITHER THE ATTORNEY
NOR THE LAW OFFICE WAS SUBJECT
TO THE REMEDIES ABOUT LAW.
ATTORNEYS ARE NOT SUBJECT TO THE
ROSENTHAL ACT THEY'LL BE LITTLE
PROTECTION FOR MANY OF OUR
CLIENTS LIKE MR ****.
AND LIKE BEFORE CREDITORS WILL
FLOCK TOWARD SEIZE UNREGULATED
AND SKI RELATED ATTORNEYS.
WITH RECENT EFFORTS BY THE
FEDERAL GOVERNMENT TO SCALE BACK
PROTECTIONS FOR CONSUMERS I URGE
YOU TO VOTE IN SUPPORT OF SB ONE
EIGHTY SEVEN SO CALIFORNIA.
CAN CLOSE AS MANY LOOPHOLES AS
POSSIBLE THAT FOR THE PURPOSE OF
THE ROSE AND FELL ACT TO PROTECT
CONSUMERS FROM A NOTION
EMOTIONAL TRAUMA CAUSED BY
ABUSIVE DEBT COLLECTION
PRACTICES THANK YOU VERY MUCH.
THANK YOU VERY MUCH FOR YOUR
TESTIMONY ANY OTHER WITNESSES IN
SUPPORT.
EVELYN.
MITCH SNIDER WITH CALIFORNIA
LABOR FEDERATION ALSO IN SUPPORT.
THANK YOU.
NANCY DRABBLE CONSUMER ATTORNEYS
OF CALIFORNIA IN SUPPORT THANK
YOU.
BERMAN CALIFORNIA LOW INCOME
CONSUMER COALITION IN STRONG
SUPPORT THANK YOU THANK YOU ANY
WITNESSES IN OPPOSITION.
ORANGE SAYING NONE -- WILL BRING
IT BACK TO THE DíAS ANY
QUESTIONS.
THERE'S A MOTION.
TO ADOPT THIS MEASURE AND TWO
WERE WHICH WERE.
NUMBER. FOUR TO PASS TO THE
SENATE FLOOR -- I JUST HAD ONE
COMMENT -- THE NOTION NOW THAT
WE ARE NO LONGER EXEMPTING
ATTORNEYS WAS INITIALLY
DISTURBING TO ME.
BUT UNFORTUNATELY BECAUSE THE
STATE BAR HAS NOT DONE ITS JOB
WITH DISCIPLINE -- IT SEEMS THAT
WE ARE SEEING FAR TOO MANY.
OF THESE EXEMPTIONS BEING
MISUSED AND SO WOULD IT IS WITH
A HEAVY HEART THAT I SHARE YOUR
CONCERN AND HOPE THAT AT SOME
POINT THE STATE BAR WILL START
DOING ITS JOB IN.
PROPER DISCIPLINE SO THAT WE
DON'T FIND OURSELVES HAVING.
TO CHANGE THE FOCUS HERE IN INTO
INCLUDE ATTORNEYS AS PART OF THE
MISCHIEF THAT IS SOMETIMES MADE
BY THESE DEBT COLLECTORS.
DOES NOT SPEAK WELL OF A
PROFESSION THAT THE I THINK ALL
OF US HERE IN THE ROOM -- WHERE
WITH GREAT HONOR AND PRIDE BUT?
UNTIL SUCH TIME -- I THANK YOU
FOR BRINGING THE BILL AND SO WE
HAVE A MOTION TO PASS THE SENATE
FLOOR PLEASE CALL THE ROLL.
WOULD YOU LIKE TO CLOSE ON A
VOTE I THAT'S WHAT I THOUGHT HE
WAS GOING TO SAY.
OUR PLEASE CALL THE ROLL JACKSON
BY JACKSON I BORDERS
[inaudible]
ALAN.
CABALLERO I'M SORRY ALLEN I
CABALLERO AYE.
MONNING.
MONEY AYE STERN.
STERN I AM BURKE.
IOWA CASKEY AYE AYE CASKEY I
RIGHT.
AS SEVEN VOTES AND WE'LL JUST
HOLD THE ROLE OPEN -- FOR THE
ABSENT MEMBERS WE WILL GO
FORWARD THEN WITH YOUR FILE ITEM.
WELL OF SB SIX ONE SIX
ENFORCEMENT OF MONEY JUDGMENTS
AND THEN WE WILL HAVE I SEE THAT
MISTER AT THAT CENTER JONES IS
HERE BUT WE'LL GO AHEAD WITH
YOUR BILL CENTER AKOWSKI.
FILE ITEM TWELVE THANK YOU MADAM
CHAIR FOR MEMBERS WHO WERE ON
THE COMMITTEE LAST YEAR THIS
LOOKS SPACE.
AMAZINGLY SIMILAR IN A LESS WITH
EXCEPT WITH LESS MONEY SIX SB
SIX ONE SIX TAKES A STEP TOWARDS
STEMMING OUR STATE'S EPIDEMIC OF
HOMELESSNESS AND TO PREVENT EVEN
MORE PEOPLE IN CALIFORNIA. FOR
BEING PUSHED INTO POVERTY THE
BILL PROTECTS TWO THOUSAND
DOLLARS IN THE PERSON'S BANK
ACCOUNT FROM BEING TAKEN BY
COLLECTORS LEAVING CALIFORNIANS
WITHOUT ENOUGH MONEY TO COVER
THEIR BASIC NEEDS WE ALL KNOW WE
ALL TALK ABOUT MILLIONS OF
CALIFORNIANS WHO ARE LIVING ON
THE EDGE.
THE FOUR HUNDRED DOLLAR FIGURE
AND WE KNOW THAT THE SAID BUT
THE SUDDEN CLEANING OUT OF YOUR
BANK ACCOUNT TAKES A PERSON WHO
IS ON THE EDGE AND PUSHES HER
OVER AT NOTHING IN THIS BILL
STOPS AT THAT COLLECTED FROM
SEEKING REPAYMENT.
THE BILL JUST SAYS THE WE'RE NOT
GOING TO ALLOW COLLECTORS TO
SEND SOMEONE INTO HOMELESSNESS
OR DEEP POVERTY IN ORDER TO
COLLECT A DEBT.
IF YOU LOSE ALL YOUR MONEY IN
THE BANK BECAUSE OF A DEBT --
BUYER IS STILL COLLECTING ON ON
ON LOAN FOR SALE EVERY PROCESS
JUNK CAR YOU CAN THE WHICH HE
SOLD TEN YEARS AGO -- YOU WILL
LOSE EVERYTHING TODAY HERE WITH
ME IN SUPPORT IS SHARING JAMAL
OF THE EAST BAY COMMUNITY LAW
CENTER AND JESSICA PARTS HELLO
FROM THE WESTERN CENTER ON LAW
AND POVERTY.
VERY GOOD THANK YOU SIR Y.
CASKEY GOOD AFTERNOON AND AGAIN
TWO MINUTES PLEASE.
THANK YOU.
THANK LEVEES DEVASTATE PEOPLE'S
LIVES IMAGINE ONE DAY GOING TO
AN ATM.
OR USE YOUR DEBIT CARD AND YOUR
ACCOUNT HAS BEEN COMPLETELY
WIPED OUT WITHOUT ANY NOTICE.
ALL THE CHECKS YOU WROTE FOR
RENT AND UTILITIES WELL BOUNCE
YOU'RE LEFT WITH THE CHANGE IN
YOUR POCKET.
AT AB CLC WE REGULARLY TALK TO
CONSUMERS -- HAVE EXPERIENCE
EXACTLY THIS THE VAST MAJORITY
OF THEM HAD EXAM MONEY TAKEN OUT
OF THEIR ACCOUNT.
WELL CREDITOR CAN ONLY TAKE A
SMALL PERCENTAGE OF YOUR INCOME
WITH A GARNISHMENT WHEN IT COMES
TO LEVY THEY CAN TAKE THE ENTIRE
AMOUNT -- AND FROM CLIENTS --
WERE ABLE TO GET THEIR MONEY
BACK AFTER MANY MANY MONTHS --
FOR OTHERS IT WAS TOO LATE BY
THE TIME I FOUND HELP.
I'M FOR QUITE A FEW THE BANK
LEVY WAS THE FIRST TIME IT
ACTUALLY LEARNED OF THE JUDGMENT --
FOR SOME THE RAMIFICATIONS OF
THE LEVY LEAD TO HOMELESSNESS.
ONE OF OUR CLIENTS WHO WANTED TO
BE HERE TODAY BUT COULD NOT MISS
WORK ASKED ME TO SHARE HER STORY.
NAME IS TASHA MONIQUE DOWN SAN
AND I LIVE IN OAKLAND CALIFORNIA
I SUFFER FROM DISABILITIES THAT
PREVENT ME FROM OBTAINING FULL
TIME EMPLOYMENT.
I HAVE EXPERIENCE ENORMOUS
HARDSHIP SINCE BECOMING DISABLED
AND MY ONLY GOAL IS TO FIND A
WAY TO SUPPORT MYSELF AND TO
BRING STABILITY TO MY LIFE.
EVEN AS I TRY MY HARDEST TO
OVERCOME THESE CHALLENGES THE
CLOUD OF BANK LEVEES AND
JUDGMENTS AGAINST ME REMAINS.
THE TO JUDGMENTS ARE NOW OVER
TEN YEARS OLD AND BOTH HAVE MORE
THAN DOUBLED IN SIZE DUE TO
INTEREST FROM TEN THOUSAND
COMBINED. TO WELL OVER TWENTY
THOUSAND AT NO POINT HAVE I HAD
THE FUNDS TO PAY THIS JUDGMENT.
MY ACCOUNT WAS FIRST LOVE IT I
WAS CONFUSED AND SCARED ALL
EIGHTEEN HUNDRED IN THE ACCOUNT
WAS TAKEN.
AN ADDITIONAL FEE WAS ADOPTED SO
I HAD TO PAY THE BANK FIFTY
DOLLARS BEFORE I CAN EVEN ACCESS
MY ACCOUNT AGAIN.
THE LOSS OF EIGHTEEN HUNDRED WAS
UNTHINKABLE AND MAN I COULDN'T
PAY BASIC BILLS LIKE RENT EVEN
NOW THE LOSS OF FIFTY DOLLARS
MEANS THE DIFFERENCE BETWEEN
WHETHER OR NOT I CAN AFFORD
GROCERIES.
THE ONLY REASON I WAS ABLE TO
RECOVER THIS MONEY BECAUSE ONE
DAY WHEN I WAS CRYING IN MY CAR
AS RESULT OF THE STRESS.
I DECIDED TO CAREFULLY READ
THROUGH ALL THE PAPERWORK AND
REALIZE THAT MY MONEY MIGHT BE
EXAM BECAUSE I RECEIVE PUBLIC
ASSISTANCE WITH MY HOUSE AND THE
NEXT STEPS I HAD TO TAKE WERE
UNCLEAR.
ALTHOUGH I VENTURA COUNTY BE CLC
I FELT THE PAPERWORK ON THE
FINAL DAY BUT I HAD TO GO TO SAN
FRANCISCO IN THE MIDDLE OF THE
WEEK TAKING TIME AND MONEY THAT
I DID NOT HAVE.
EVEN WITH THE HELP OF AN
ATTORNEY IT TOOK ME THREE MONTHS
AND MULTIPLE COURT APPEARANCES
TO GET MY MONEY BACK I WAS ONLY
ABLE TO PAY MY BILLS DURING THIS
TIME BECAUSE I BORROWED MONEY
FROM FRIENDS AND FAMILY.
I WAS ABLE TO RECOVER THAT MONEY
BUT CONTINUED HARDSHIP HAS MEANT
THAT I RECEIVED THANK LEVEES
WHEN THERE'S ONLY TWENTY OR
THIRTY DOLLARS IN THE ACCOUNT.
EVEN WHEN THE SMALL AMOUNTS ARE
TAKEN IN CHARGE THE BANK FEE
PREVENTING ME FROM HAVING
REGULAR ACCESS TO A BANK ACCOUNT.
I THINK YOUR SUPPORT SB SIX ONE
SEVEN THANK YOU. SIX WITNESS
PLEASE TWO MINUTES THANK YOU
MADAM CHAIRWOMAN AND MEMBERS OF
THE COMMITTEE JESSICA BUCKLEY
WITH A WESTERN CENTER ON LAW AND
POVERTY AND TO KEEP IT BRIEF.
YOU KNOW I'LL JUST POINT OUT
THAT THIS IS ONE OF THE MOST
POPULAR BILLS AMONG LEGAL
SERVICES THROUGHOUT THE STATE OF
CALIFORNIA.
WE'VE GOTTEN I PERSONALLY GET
SEVERAL CALLS AND EMAILS TO
CHECK IN ON THE BILL STATUS THEY
FREQUENTLY SEE PEOPLE COMING
INTO THEIR EVICTION CLINICS.
BECAUSE THEY'RE BEING AFFECTED.
BECAUSE OF A BANK LEVY -- THEY
HAVE PEOPLE COMING IN WHO DID
NOT KNOW THAT THEY WERE GOING TO
HAVE THEIR BANK ACCOUNT LEVY.
YOU WILL HEAR FROM THE
OPPOSITION THAT -- THEY KNEW%
THEY HAD LOTS OF NOTICE THEY'VE
KNOWN FOR YEARS SAVE ALL THIS
MONEY.
BUT THINK ABOUT IT LOGICALLY IF
A PERSON KNOWS THAT THEY'RE
GOING TO GET THEIR MONEY TAKEN
OUT OF A BANK ACCOUNT.
DO THEY LEAVE THEIR MONEY IN THE
BANK ACCOUNT.
THEY DON'T THE FACT THAT THE
MONEY IS BEING LEVIED IS PROOF
THAT THEY DON'T HAVE A NOTICE --
MOST OF PEOPLE HAVE THAT IT'S
REALLY OLD THEY DIDN'T KNOW
EXISTED OR THEY HAVE DEBT FROM A
NEW PIECE OF SPOUSE -- OR FROM A
PARENT.
THEY AREN'T THEY DON'T KNOW THAT
THAT IS GOING TO COME THEY DON'T
KNOW THE MONEY THAT THEY'RE
GOING TO USE FOR RENT IS BEING
TAKEN -- SO I JUST WANT TO SAY
THAT -- THAT FROM OUR LEGAL
SERVICES AND OUR PARTNERS IN
FROM WESTERN CENTER WE URGE YOU
TO CONSIDER THE VOICES OF OUR OF
OUR CLIENTS IN THIS CASE AND OUR
DRIVER THANK YOU.
THANK YOU VERY MUCH ANY OTHER
WITNESSES IN SUPPORT.
WITNESSES IN SUPPORT OF HUGE
STEP FORWARD.
BERMAN CALIFORNIA LOW INCOME
CONSUMER COALITION STRONG
SUPPORT THANK YOU VERY MUCH ANY
OTHER WITNESSES IN SUPPORT
WITNESSES IN OPPOSITION.
GOOD AFTERNOON TWO MINUTES
TEACHER IF YOU WOULD HI GOOD
AFTERNOON MADAM CHAIR CLIFF
BURKE HERE IN BEHALF OF THE
CALIFORNIA ASSOCIATION OF
COLLECTORS.
I FIND THE NOTION OF DEFENDING
BANK LEVEES LESS SYMPATHETIC
THAN TALKING ABOUT VICTIMS OF
BANK LEVEES.
BUT I AM HERE TO POINT OUT TO
THE COMMITTEE THAT A BANK LEVY
IS A LAWFUL POLLUTION JUDGMENT
TOOL USED BY CREDITORS. TO
RECOVER JUDGMENTS FOR GOODS AND
SERVICES THAT HAVE EXTENDED BY
AN EQUAL APPEALING.
PERSON IN THE COMMUNITY AND
DISTRICTS A BUSINESS THAT LOAN.
CREDIT TO AN INDIVIDUAL FOR
GOODS OR SERVICES FOR WHICH THEY
HAVE NOT BEEN PAID THE BANK LEVY
IS A POST JUDGMENT TOOL SO IN
ESSENCE.
THE DEBT HAS BEEN IN THE
COLLECTION PROCESS FOR PROBABLY
OVER A YEAR WITH MULTIPLE
ATTEMPTS MADE TO CONTACT THE
DEBTOR AND TO GET THE DEBTOR TO
EITHER AGREE TO A PAYMENT PLAN
TO DISPUTE THE DEBT OR TO TO PAY
THE DEBTS.
ONLY AFTER IT'S BEEN COLLECTION
FOR NEARLY A YEAR.
DOES THE CREDITOR HAT AND
COLLECTION AGENCY HAVE TO MAKE A
DECISION AS TO WHETHER TO GO TO
COURT AND HER THE COSTS OF GOING
TO COURT.
FILING FEES AND SAID FOR ITS
CENTER ATTORNEY'S FEES TO GO TO
COURT. TO GET THE JUDGMENT THE
DEBTORS NOTIFIED OF THE JUDGMENT
AGAIN.
AND THEN THEY TRY TO COLLECT
AGAIN IT THEN HAS TO GO BACK TO
COURT TO GET RICH.
SO IN ESSENCE THIS PROCESS HAS
BEEN GONE GONE FOR A NUMBER OF
YEARS AND AT THE OTHER END OF
THIS DEBT IS SOMEONE WHO IS NOT
BEEN PAID FOR GOOD TUNES
SERVICES.
THE PROBLEM WITH THIS BILL IS
THE NATURE OF THE EXEMPTION.
IS THAT IT IS AUTOMATIC.
AND IT IS GOING TO BE EXTREMELY
DIFFICULT TO PREVENT DEBTORS AND
OTHER BAD ACTORS FROM USING
MULTIPLE FINANCIAL INSTITUTIONS
AND MULTIPLE ACCOUNTS. TO
MULTIPLY THE EFFECT OF THIS --
EXEMPTION.
IN ESSENCE THE PROBLEM WITH HIS
BILL IS THE NARRATIVE THE IS
THAT IT'S TO PROTECT LOW INCOME
INDIVIDUALS.
BUT HOW MANY LOW INCOME
INDIVIDUALS HAVE TWO THOUSAND
DOLLARS IN A FINANCIAL
INSTITUTION SITTING IN A
CHECKING ACCOUNTS.
AND WE HAVE DISCUSSED OVER THE
LAST TWO YEARS BECAUSE IS A BAD
BILL HAS BEEN AROUND FOR OVER
TWO YEARS AND AS I PASSED.
THE NOTION OF LIMITING THIS BILL
TO THOSE WHO ARE TRULY.
LOW INCOME WHICH IS WHAT WE
WORKED OUT WITH THE OFF THEIR ON
HIS BILL THE LIMITED.
GARNISHMENT SO CONSUMER DEBTS
BUT THERE'S BEEN NO EFFORT TO
TRY TO NEGOTIATE THIS BILL DOWN
TO LIMIT IT TO ACTUALLY LOW
INCOME PEOPLE SO AT THIS POINT
WE HAVE TO URGE YOUR OPPOSITION
THANK YOU.
THANK YOU VERY MUCH OTHER OF
OTHER INDIVIDUALS IN OPPOSITION
PLEASE GOOD AFTERNOON MEMBERS OF
THE COMMITTEE MY NAME IS TONY
GIPSON I'M HERE IN OPPOSITION
FROM ENCORE CAPITAL GROUP WHICH
IS A LARGE THAT PURCHASING
COMPANY.
WE BELIEVE THAT THE INTENTION OF
THE BILL IS GOOD WE IN NO WAY
ARE OPPOSED TO HELPING LOW
INCOME CONSUMERS HAVE EXEMPTIONS.
IN FACT IT'S OUR POLICY TO
EXEMPTS CONSUMERS WHO ARE OF
HARDSHIP FOR GOING TO ANY KIND
OF JOB LOSS MEDICAL SITUATION
ETCETERA.
AND IN FACT SOME OF THE
PROPONENTS AS EXAMPLES WOULD BE
ALREADY EXEMPT UNDER CURRENT
POLICIES FROM WAGE GARNISHMENT
AND BANK LEVEES.
THANK LEVEES HOWEVER -- YOU HAVE
TO TAKE INTO ACCOUNT EACH OF THE
INDIVIDUAL CIRCUMSTANCES -- THE
IN THIS AUTOMATIC NO QUESTIONS
ASKED EXEMPTION -- WHAT IT WOULD
DO IS TAKE AWAY THE CURRENT
PROCESS WHICH IS ABLE TO
DECIPHER DOES SOMEONE NEED THE
HELP OR IS THIS GOING TO ALLOW
THEM AND OUT AND A WALK AWAY
FROM TWO THOUSAND DOLLARS OF
DEBT?
AND WE SIMPLY CAN'T SUPPORT THIS
NO QUESTIONS ASKED EXEMPTION --
THE EXEMPTIONS THAT EXIST IF THE
CLAIM PROCESS SOMEONE MUST APPLY
THE CREDITORS TAKE INTO ACCOUNT
AS WELL AS THE COURTS THE FOR
THE PERSONAL FINANCIAL SITUATION
OF THE CONSUMER.
NOW THE REALLY IMPORTANT THING
TO NOTE IS THAT THE BANK ACCOUNT
OF THE DEBTOR.
UNDER FEDERAL LAW UNDER TREASURY
LAW IS REQUIRED TO REVIEW THAT
TWO MONTHS WORTH OF DEPOSITS IN
THE BANK ACCOUNT. TO DECIPHER IF
SOMETHING IS EXEMPT SO FOR
EXAMPLE IS A SOCIAL SECURITY IS
THAT 75% OF WAGES PENSION
MEDICARE VETERANS BENEFITS IF
THEY ARE ABLE TO TELL THE SOURCE
OF THE INCOME IS ANY OF THOSE
EXEMPTIONS THE NET OUT THOSE
AMOUNTS BEFORE RESPONDING TO THE
LEVY.
SO TO SAY THAT EVERY SINGLE
DOLLAR IN THE BANK ACCOUNT IS
BEING LEVIED IS SIMPLY NOT TRUE.
WHAT THE CONSUMER DOES FILE FOR
IS A NECESSITY OF LIFE OR
ANYTHING ADDITIONAL THAT THEY
FEEL THE BANK DID NOT THAT OUT
AND THAT PROCESS?
CREDITORS HAVE TO RESPOND WITHIN
TEN DAYS IT IS A QUICK PROCESS
IF IT LOOKS LEGITIMATE WE OF
COURSE WILL RESPOND AND AND NOT
OBJECT WHAT THE CREDITOR OBJECTS
TO A BANK LEVY EXEMPTION CLAIM
WHEN SOMETHING LOOKS.
NOT APPLICABLE BMW CAR PAYMENT
IF WE OBJECT TO GOES TO THE
COURTS TO DECIDE IN THIRTY DAYS
SO WE WE SIMPLY BELIEVE THAT.
COULD WE MAKE IT IMPROVE THE
CURRENT PROCESS MAKE THE FORMS
EASIER PROVIDE THEM IN SPANISH
REQUIRED THAT THEY BE PROVIDED
TO CONSUMERS ABSOLUTELY BUT WE
CAN'T SUPPORT AND NO QUESTIONS
ASKED AUTOMATIC CLAIM THANK YOU
VERY MUCH OTHER WITNESSES IN
OPPOSITION IF YOU'D STEP FOR
WITH YOUR NAME AND AFFILIATION.
TIM LYNCH ON BEHALF OF THE
RECEIVABLES MANAGEMENT
ASSOCIATION ALSO IN OPPOSITION.
CHRISTINA'S BAGNOLI ON BEHALF OF
CALIFORNIA BANKERS ASSOCIATION
IN OPPOSITION.
THANK YOU.
THAT WAY WHEN ELSE MOST NEVER
SEE HERE ON BEHALF OF US CB
AMERICA INC IN OPPOSITION.
THANK YOU ANY OTHER WITNESSES IN
OPPOSITION PART WILL BRING THIS
BACK TO THE DIET SENATOR UMBERG.
THANK YOU SENATE Y. CASKEY A
COUPLE QUESTIONS ONE JUDGMENT
DEBTOR IS IT DEFINED AS AN
INDIVIDUAL [inaudible]
YES.
ALL RIGHT -- THE SECOND QUESTION
IS IT IT'S TWO THOUSAND DOLLARS
PER ACCOUNT PRIDE -- DEBTOR --
DEBTOR YEAH YOU ONLY GET ONE
ACCOUNT LAST YEAR'S BILL --
THERE WAS CONCERN THAT WAS
RAISED BY OPPOSITION THAT YOU
COULD THE PEOPLE WOULD SPRINKLE
ALL THESE DIFFERENT ACCOUNTS
OVER WITH MONEY AND AND THAT WE
SAID NO AND THAT'S INCLUDED IN
THIS BILL IS JUST. ONE TIME.
UP NEXT QUESTION IS WITH RESPECT --
TO MISTER BERG'S COMMENT
CONCERNING SOME SORT OF MEANS
TESTING SLIDING SCALE UNITED
DISCUSS THAT.
I UNDERSTAND THAT THE THAT'S A
CONTINUING CONVERSATION YOU'RE
WILLING TO WORK WITH THE
COMMITTEE AS THIS BILL MOVES.
YEAH WE'VE BEEN WE'VE IT ALL.
I DON'T THINK WE TAKE AWAY ANY
TOOL WE JUST DON'T ALLOW THE TO
WE WE LIMIT THE TOOL MEMBER THIS
IS A MADE UP -- PROCESS THAT WE
HAVE FOR FOR PEOPLE HAVE
JUDGMENTS WE DECIDED THAT WOULD
ALLOW CREDITORS TO GOING TO BANK
ACCOUNTS IN AND AND TAKE THE
AMOUNT.
IS TWENTY DIFFERENT STATES TO
HAVE TWENTY DIFFERENT LEVELS OF
WHAT'S THE BUT NO LOOK COME OUT
WHAT'S THE MINIMUM AMOUNT THAT
YOU WANT TO HAVE -- FOR THE YOUR
SOCIETY THE SOCIETY INDIVIDUALS --
IT'S GOOD TO BE THE SOLE
SECURITY HITHER CORRECT THAT'S
ALL SECURITY THEY DO LOOK BACK I
THINK WE'RE MISSING THE POINT IS
THAT PEOPLE'S MONEY IS FROZEN
FOR THREE FOUR FIVE MONTHS AND I
WOULD SAY FORGET.
AMEND THE LOW INCOME PEOPLE AT
SIX EXTREMELY.
CHALLENGING FOR ANYBODY IF MY
BANK ACCOUNT WAS FROZEN FOR
THREE MONTHS I'VE BEEN IN
TROUBLE I MEAN.
IT WAS WITH THE STATE SENATE.
PAYCHECK THAT I GET EVERY MONTH
SO HERE WE'RE LOOKING AT A BUT I
DON'T KNOW HOW TO FIX THIS OTHER
THAN HAVE THE THE NO LOOK TWO
THOUSAND DOLLARS MEME.
LAST YEAR'S BILL WAS FORTY EIGHT
HUNDRED TO GET OUT OF THIS
COMMITTEE WE GOT TO THE SENATE
ASSEMBLY FLOOR FORTY EIGHT
HUNDRED I CUT IT TO TWENTY FOUR
HUNDRED I CUT IT TO TWENTY ONE
FIFTY I'M TRYING TO BAN.
NOW I'M AT TWO THOUSAND TO SAY
THIS IS THE MINIMUM AMOUNT YOU
GET EVERYTHING ABOVE DECK. TO
GET YOU KNOW IF THERE'S THREE
THOUSAND YOU GET THE ONE
THOUSAND DOLLARS SO.
THAT'S OUR CHALLENGE WHAT WOULD.
SO I UNDERSTAND -- AND TO BE
CLEAR.
YOU KNOW I I HAVE CONCERNS ABOUT
THE AUTOMATIC EXEMPTION AND THEN
YOU AND I'VE TALKED ABOUT SOME
SORT OF MITIGATION SUCH AS WAS
CONTAINED IN WHICH GARNISHMENT
THAT AND I UNDERSTAND.
MAYBE CORRECT ME IF I'M WRONG
THAT YOU YOU'RE A MINIMAL THAT
CONVERSATION AND PERHAPS
AMENDING THE BILL OBVIOUSLY NOT
TODAY.
BUT AT SOME POINT YEAH I MEAN.
I JUST DON'T KNOW HOW TO DO THAT.
I I I I I YOU.
KNOW I'VE I'M THINKING AOUT IT
AND SAYING HOW DO YOU HAVE KIDS
OF ON THE PAYCHECK YOUR PAYCHECK
YOU LOOK AT IT AND WE HAVE A
META AN AMOUNT THAT'S LIMITED
WE'VE BEEN ABLE -- TO CHANGE THE
LOSS TO THE LOWEST INCOME FOLKS.
ARE ARE PROTECTED BUT YOU TAKE
THAT. 75% OF YOUR PAYCHECK AND
YOU PUT IN THE CHECKING ACCOUNT
THE LEVY A CURSE THEY GET TODAY
IT TO LEVY ALL THE AMOUNT SO
IT'S WHAT'S THE BENEFIT OF THE
OF THE WAGE GARNISHMENT A
LIMITATION THE WAGE GARNISHMENT --
BUT WE'RE WORKING ON IT WE IT'S
IT'S IT'S IN OUR THINK TANK HI I
DON'T KNOW HOW TO DO THAT -- WHO
HAVE A MEANS TEST Là ON THE
BANK ACCOUNT?
YOU KNOW -- I I THINK I THINK --
IN A WESTERN CENTER IS REALLY
PROUD TO AND I THINK THAT THE
LEGISLATURE IS -- TWO OF THE
WAGE GARNISHMENT PROJECTIONS WE
PUT IN PLACE AND THEY'VE BEEN
WORKING WELL DESPITE THAT
COMPLAINS THAT THEY WOULDN'T.
AND THE CHARGES THAT IT WOULDN'T
BE ABLE TO BE WORKABLE SEEMS TO
BE WORKING FINE AND PROTECTING
LOW INCOME WAGE EARNERS -- THE
WE HAVE LOWERED THE AMOUNT.
THE TWO THOUSAND DOLLARS -- IT
DOESN'T MEAN THAT THAT'S HOW
MUCH WE THINK PEOPLE CAN SAVE
EVERY MONTH AND HAVE THIS LIKE
SITTING IN THE BANK THIS IS
ACTUALLY TWO THOUSAND DOLLARS IS
WHAT SOMEBODY MIGHT HAVE EARNED --
LIKE IT IN A AND A CASH PAYMENT
LIKE THAT A CONSTRUCTION WORKER
ONE OF MY CLIENTS WAS A
CONSTRUCTION WORKER AND SO HIS
PAYMENTSWENT INTO THE BANK
ACCOUNT.
AND THAT WAS WHAT WAS LEVY AND
HE GOT A NOTICE OF THAT LEVY
WHILE HE WAS IN THE HOSPITAL AND
HIS WIFE WAS HAVING A
MISCARRIAGE.
THEY DIDN'T KNOW HOW THEY WERE
GOING TO GET THROUGH THE NEXT
DAY -- AND AND TWO THOUSAND
DOLLARS IF YOU'RE LIVING JUST A
PAYCHECK TO TO RENT PAYMENT IS
NOT THAT MUCH MONEY.
ARE WE ARE WE ARE SPONSORS
PREPARED TO HAVE A CONVERSATION
ABOUT LESS -- YOU KNOW I I THINK
THAT'S BECAUSE SPONSORS WE'RE
WILLING TO TO BE WITH OUR OUR
CHAMPION AND AND TALK ABOUT IT
BUT WE WANT YOU TO UNDERSTAND
THAT THIS IS NOT AN UNREASONABLE
AMOUNT.
AND AND AND THE AND THE
CONVERSATION THAT IT'S YOU KNOW
THE ASSERTION THAT IT'S OKAY
WELL FIRST OF ALL THAT MEDICAID
AS IN ANYBODY'S BANK ACCOUNT.
IS NOT TRUE AND SO TO BE HERE ON
TESTIMONY AND SAY THAT YOU LOOK
AT THEIR BANK ACCOUNT FOR THE
MEDICAID.
IS IS IT A FALSE STATEMENT AND
SO IT OPENS UP A QUESTION AS TO
WHETHER ANY OF THE STATEMENT HAS
BEEN TRUE OKAY I BUT I THINK IF
WE WANT TO TIME WE CHOSE.
EXCUSE ME THE CLUTCHES FOCUS%
OBVIOUSLY YOU HAVE SOME CONCERNS
ABOUT THE AMOUNT IN THE IN THE
ANALYSIS ON PAGE -- SEVEN IT THE
IT DISCUSSES THE FACT THAT --
THERE ARE SIXTEEN OTHER STATES
THE CURRENTLY PROVIDE EXEMPTIONS.
ON THE HIGH END MISSISSIPPI AND
TENNESSEE PROTECT TEN THOUSAND
DOLLARS.
ON THE LOW END YOU HAVE --
ARIZONA IN PENNSYLVANIA THIS
PROTECTIONS THREE HUNDRED AND WE
HAVE STATES LIKE MASSACHUSETTS
IN NEVADA WHERE THE EXEMPTION
APPLIES AUTOMATICALLY.
AS WITH THIS BILL SO WITH SO
WHICH THIS IS NOT OFF THE WALL
IN TERMS OF ITS.
YEAH.
THE QUESTION IS IS IS NOT THE
AMOUNT THE QUESTION IS HOW IT'S
APPLIED IN AND I TAKE YOUR POINT
THAT FOR CONSTRUCTION WORKER
WHOSE SPOUSES IN THE HOSPITAL
HAVING A BABY.
WHO HAS ZERO OTHER MEANS THAT
THAT THAT TWO THOUSAND DOES NOT
ENOUGH BUT BUT THERE ARE SOME
SCOFFLAWS AND WE DON'T NEED TO
GET INTO IT?
WHO WHO DO?
INAPPROPRIATELY BENEFIT BUT THE
THE NEXT QUESTION IS WITH
RESPECT TO THE NOSE OF EXEMPTION
BECAUSE OF EXEMPTION GOES AFTER
LEVY.
THIS IS SOMEWHAT OFF TOPIC BUT
SOMETHING FOR YOU TO CONSIDER IS
IT THE NOTICE OF EXEMPTION
OFTENTIMES.
THAT CONSUMER DEBT -- THAT THE
JUDGMENT IS RENDERED AS WELL AS
A AS A DEFAULT JUDGMENT.
AND SO AT THAT POINT TIME THE
DEFAULT JUDGMENT HAS BE SERVED
UPON THE DEBTOR.
IT POINT TIME AT THAT POINT TIME
IT WOULD SEEM LOGICAL TO PROVIDE
THE DEBTOR THE LIST OF
EXEMPTIONS RATHER THAN LATER ON
DOWN THE ROAD OF BECAUSE OF THE
DEBTORS PROVIDED THAT LIST OF
EXEMPTIONS AT THAT POINT IN TIME.
THEY HAVE AN OPPORTUNITY
ACTUALLY FILE FOR ONE OF THE
EXEMPTIONS ANYWAY SOMETHING FOR
YOU TO CONSIDER IS IS PART OF
THE PART OF THE BILL OF
UNDERSTANDING THAT THE THE
PURPOSE IS TO PROTECT.
OF THOSE WHO DESERVE PROTECTION
IS DEBTORS.
SO ARE THERE ANY OTHER QUESTIONS.
ALL RIGHT.
WOULD YOU RESPOND TO THAT IN
YOUR CLOTHES CENTER Y. CASKEY
[inaudible]
YES -- THIS GUY'S NOT GONNA FALL
IF WE PASS THIS LAW MAYBE SOME
PEOPLE HAVE A ROOF OVER THEIR
HOUSE BECAUSE THE MONEY'S
PROTECTED.
THERE IS THERE ARE A VARIETY
WAYS THE CREDITORS CAN COLLECT
ON THEIR DEBT IF WE'RE FOCUSING
ON THE PEOPLE OF MEANS IF YOU
CAN GET A SHARE OF TO GO
CONFISCATE SOMEBODY'S CAR.
AND SALAS IF THEY HAVE MATERIAL
YOU HAVE YOU HAVE WAYS OF FILING
A LIEN AGAINST SOMEBODY WHO OWNS
PROPERTY TO SCARE THEM TO GET
THERE THERE'S PEOPLE OF MEANS
THEY DID THAT THEY HAVE STUFF
THAT YOU CAN.
DO YOU CAN REPOSSESS YOU HAVE
EVERY COUNTY SHERIFF ALL.
FIFTY EIGHT OF THEM HAVE THE
ABILITY TO GO IN AND SEES THAT
PROPERTY TO IGNORE TO SATISFY
THAT JUDGMENT WHICH NOT OFTEN
USE I WILL GET THAT BECAUSE IT'S
EASY JUST GO IN AND DAY OUT THE
BANK ACCOUNTS SO -- WE'RE TRYING
TO DO A LITTLE BIT FOR PEOPLE
WHO ARE ON THE EDGE AND AND IT --
THE BILL IN FRONT OF YOU IS A
WATERED DOWN VERSION OF ITS.
COUSIN FROM LAST YEAR THAT WE'VE
TRIED TO WORK WITH THE
OPPOSITION AND TRY TO BE
REFLECTIVE OF MEMBERS WHO HAVE
SOME CONCERNS ABOUT THIS TO
CARVE OUT SOME LITTLE PROTECTION
DAD.
BUT WE CAN SAY TO THAT THE FOLKS
AT THIS MONEY IS IS PROTECTED
AND I WILL CONTINUE TO LOOK AT
NOTICE THE PEOPLE UNDER THE
EXEMPTIONS.
WHEN THEY DO GET THE JUDGMENT
NAY WITH THE PROBLEM WE HAVE IS
A LOT OF PEOPLE THEY GO BY
DEFAULT IN THE GOES THE WRONG
ADDRESS AND THEY NEVER?
AS IN ELSE'S POINTS OUT 40% OF
THEM DON'T EVEN KNOW THAT THEY
HAVE A JUDGMENT AGAINST HIM SO
WITH THAT I WOULD.
URGE AN AYE VOTE THANK GODDESS
BILL AND I JUST AGAIN IT'S ONE
EXEMPTION PER INDIVIDUAL NOT PER
BANK ACCOUNTS SO.
WITH THAT THE MOTION IS TO PASS
THE SENATE APPROPRIATIONS PLEASE
CALL THE ROLL.
JACKSON AYE JACKSON I BORDERS
[inaudible]
ALAN.
ALLEN I COVER EURO.
OF MONNING AYE MONNING AYE STERN.
STERN I BURKE.
NUMBER I Y. CASKEY.
I CASKEY AYE ALL RIGHT THE BILL
HAS A SIX VOTES WE WILL HOLD THE
ROAD OPEN FOR THE ABSENT MEMBERS
AND INVITE.
SENATOR JONES WHO IS FILE ITEM
TEN SB.
FIVE SEVENTY EIGHT IT IS STILL
AFTERNOON SO ARE WE SURE GOOD
AFTERNOON AND WELCOME.
THANK YOU THANK YOU MADAM CHAIR
AND MEMBERS I UNDERSTAND THAT
THE COMMITTEE ASKED FOR A LONG
AND LANKY PRESENTATION WITH
MULTIPLE DOZENS OF SUPPORTERS ON
THIS ISSUE.
WELL ALL WE ASK ACTUALLY IS THAT
YOU CONFIRM THAT YOU'RE GOING TO
ACCEPT THE PROPOSED AMENDMENTS
ON PAGE FOUR AND COMMENT TO AN
PAGE.
SIX IN COMMON THREE OF THE
ANALYSIS THAT I'M SURE I'D BE
HAPPY TO DO SO EXCELLENT AND
WITH THAT I'LL JUST DO A QUICK
INTRODUCTION -- BILL -- FIVE
SENATE BILL FIVE SEVENTY EIGHT
UPDATES THE LAWS.
GOVERNING TIME SHARES.
THIS BILL REMOVES A SEEMINGLY
ARBITRARY REQUIREMENT FOR TIME
CHER'S TO OFFER LODGING TO
POTENTIAL CONSUMERS WITHIN A
TWENTY MILE RADIUS.
OF THE PROPERTY BEING PRESENTED
REMOVING THIS REQUIREMENT WILL
ALLOW THE TIME SURE COMPANY TO
OFFER MORE ATTRACTIVE
ACCOMMODATIONS TO THEIR
POTENTIAL CUSTOMERS.
ADDITIONALLY SB FIVE SEVENTY
EIGHT EXPAND THE ARBITRATION
OPTIONS MEMBERS OF A TIME SHARE
AGREEMENT ARE ALLOWED TO USE.
CURRENT LAW LIMITS ARBITRATION
OPTIONS TO THE AMERICAN
ARBITRATION ASSOCIATION HOWEVER
OTHER QUALIFIED COMPANIES ARE
AVAILABLE THAT OFTEN OFFER.
MORE TECHNOLOGICALLY ADVANCED
OPTIONS SUCH AS TELECOMMUTING
WHICH IS VERY USEFUL IN
SITUATION LIKE THIS FOR THE
COMPANY AND THE CONSUMER.
MOST LIKELY DO NOT LIVE IN THE
SAME PLACE WITH ME TODAY IS JOHN
CALDWELL REPRESENTING THE
AMERICAN RESORT DEVELOPMENT
ASSOCIATION.
AND OVER THERE TWO MINUTES IF
YOU WOULD.
IF YOU HAVE I'M JUST HERE FOR
ANY QUESTION -- ALL RIGHT THAT'S
EVEN BETTER.
THE STATEMENT RIGHT RIGHT THANK
YOU ARE THERE ANY WITNESSES HERE
IN SUPPORT.
ANY WITNESSES IN [inaudible]
OPPOSITION.
ANY QUESTIONS FROM THE DíAS.
RIGHT THE MOTION.
MOTION BY SENATOR STERN I WANT
TO THANK YOU FOR AGREEING TO
THOSE AMENDMENTS AND I THINK
THAT THE SUNSET CLAUSE WILL
ALLOW THE LEGISLATURE -- TO TO
MONITOR THE EXEMPTION TO
EXISTING RESTRICTIONS OR ON
TEMPORARY ACCOMMODATIONS TO SEE
THAT THERE ARE NO.
ADVERSE EFFECTS ON CONSUMERS AND
TO APPRECIATE YOUR DOING THAT.
AND JUST POINTING OUT THAT
ARBITRATION HAS GENERALLY BEEN
DISFAVORED BY THE COMMITTEE BUT
BECAUSE IT IS ALREADY THE LAW --
AND THIS BILL IS JUST MERELY --
EXPANDING IT TO INCLUDE THIRD
PARTY ARBITRATION ORGANIZATIONS
WHICH EXIST OTHER THAN.
A TRIPLE A KID HAD THE THE THE
INDUSTRY HAS EXPANDED -- SO THAT
THERE THERE SHOULD BE THAT
OPPORTUNITY FOR PEOPLE TO HAVE
THAT CHOICE SO WITH THAT -- WE
HAVE A MOTION TO PASS TO
APPROPRIATIONS AS AMENDED AND
MA'AM SECTOR PLEASE CALL THE
ROLL.
JACKSON HI JACKSON AYE FORTUS.
ALLEN.
ALLEN I COVER EURO [inaudible]
MONNING.
MONNING EYES STERN.
STERN I AM BURKE [inaudible]
I KELSEY.
PART THAT HAS FOUR VOTES OF WE
WILL HOLD THE ROLE OPEN NEEDS
FIVE AND WE'LL WAIT FOR THE
ABSENT MEMBERS TO GET BACK YOU
COLLEAGUES THANK YOU VERY MUCH --
WILL NOW GO TO SENATOR ALLEN WHO
HAS TO MEASURES UP AND IF WE
COULD GET.
A CALL TO CENTER GALGIANI IF YOU
WOULD LIKE.
TO PRESENT WOULD LOVE TO HAVE
HER. OH OKAY GLOBAL STAR WAS
SENATOR ALLEN AND THEN IF CENTER
GALGIANI GETS HERE BEFORE THE
NEXT BILL WILL GIVE FOR THAT
OPPORTUNITY.
RIGHT NOW WE'VE GOT FILE ITEM
EIGHT SB THREE NINETY TWO ONE
HAZARDOUS MATERIALS.
CENTER ON THE FLOOR IS YOURS
VIEW THANK YOU MADAM CHAIR AND
MEMBERS -- SO THIS IS A A BILL
RELATING TO GREEN CHEMISTRY.
AND THIS BILL UPDATES AND
STRENGTHENS OUR GREEN CHEMISTRY
PROGRAM IN ORDER TO PROTECT
CONSUMERS FROM HAZARDOUS
CHEMICALS IN THEIR DAILY LIVES.
SO TEN YEARS AGO CALIFORNIA
ESTABLISHED THE GREEN CHEMISTRY
PROGRAM WITH VAN.
A SIMILAR FEAR IS A. B. EIGHTEEN
SEVEN NINE AND AND SENATOR
SIMIANS SB.
FIVE OH NINE AND THE PROGRAM
RECOGNIZE THREE KEY THINGS FIRST
OF ALL THE CLIFORNIANS ARE
SOMETIMES I KNOWINGLY EXPOSED TO
HAZARDOUS CHEMICALS.
I IN THE PRODUCTS THAT THEY USE.
TO THAT THE STATE HAS AN
IMPORTANT ROLE IN PROTECTING --
CALIFORNIANS IN THAT IN THAT IN
THAT SENSE.
AND THREE THAT USING THE BEST
AVAILABLE SCIENCE IN A CLEAR
TRANSPARENT REGULATORY PROCESS
IS THE BEST WAY TO DO THIS.
SO THE DEPARTMENT TALK SUBS
CONTROL DID YES HE TOOK THE
LEGISLATURE'S MANDATE UNDER --
A. B. EIGHTEEN SEVEN NINE AND
DEVELOP THE FIRST OF ITS KIND
SEE FOR CONSUMER PRODUCTS
PROGRAM IN THIS PROGRAM -- FIRST
IDENTIFIES CHEMICALS OF CONCERN --
THEN FINDS PRODUCTS WHERE THOSE
CHEMICALS MAY BE AFFECTING USERS --
THEN DGSE SUPPOSED TO CALL UPON
MANUFACTURES TO FORM AN
ALTERNATIVE ANALYSIS. TO FIND
CHEMICALS THAT CAN BE
SUBSTITUTED TO KEEP FOLKS SAFER
WHILE STILL PROVIDING THE
PRODUCTS THAT THEY WANT AND NEED.
THE GOALS OF THE FREE MARKET TO
SEE FOR CONSUMER PRODUCTS
PROGRAM ARE COMMENDABLE THE WHAT
BRINGS ME HERE TODAY -- IT TO
PRESENT SB THREE NINETY TWO IS
THE PROGRAM'S TIMELINE.
HERE'S THE SHOCKING THING AND WE
HAD THIS PROGRAM FOR TEN YEARS
NOW AND TODAY.
NO CHEMICAL NOT SING NOT ONE
SINGLE CHEMICAL HAS HAD AN
ALTERNATE ANALYSIS COMPLETED
UNDER THE SAFER CONSUMER
PRODUCTS PROGRAM.
AND NO REGULATIONS HAVE RESULTED.
SO OUR GREAT PROGRAM OF THE
BOOKS NOT HELPING ANYBODY OUT
YET TEN YEARS IN.
AND IN FACT -- THE PUBLIC HEALTH
INSTITUTE I TOOK A LONG HARD
LOOK AT THE PROGRAM -- LOOKING
AT YOUR GREEN CHEMISTRY TEN
YEARS IN.
AND AND WE'VE GOT A COPY OF IT
HERE SOMEWHERE AND AND
EFFECTIVELY.
BASICALLY LOOKED AT THE AT WHAT
WAS GOING ON WITH THE PROGRAM
WAS SLOWING IT DOWN WHAT WAS
WHAT WAS THE REASONS WHY.
WE HAVEN'T HAD A SINGLE ANALYSIS
COMPLETED INTO THE PROGRAM IN NO
REGULATIONS.
SO MY MY BILL BASICALLY COMES
OUT OF THAT REPORT IT TAKES SOME
OF THE KEY RECOMMENDATIONS FROM
THE REPORT.
SO IS TO STRENGTHEN THE PROGRAM
AND ALLOW IT TO ACHIEVE ITS
GOALS WHAT IS THE BILL TO THE
BILL -- GRANTS DGSE CLEAR
AUTHORITY TO TEAM PRODUCT
INGREDIENT DATA FROM
MANUFACTURERS AND IF NEEDED
THEIR CHEMICAL SUPPLIERS -- IT
ADDS A NEW WITH OR DID LISTS OF
CHEMICALS OF CONCERN TO FILL
GAPS IN THE CURRENT LIST.
IT REQUIRES THE TSC TO ADOPT A
FIVE YEAR TIMELINE. TO IDENTIFY
AND ASSESS PRIORITY PRODUCTS
INCLUDING DATA COLLECTION THE
FUNCTION BASED APPROACH TO AVOID
REGRETTABLE SUBSTITUTION THIS IS
THE TERM OF ART IN THIS AREA.
TO REFER TO A SUBSTITUTE
CHEMICALS THAT ACTUALLY MAY
CAUSE MORE HARM THAN THE
CHEMICAL THEY WERE SUBSIDY --
AND THEN IT FINALLY STREAMLINES
THE INFORMAL RESOLUTION AN
APPEALS PROCESS SEASON CREATES A
FAST TRACK. FOR WIN EXISTING
STUDIES SUPPORT REGULATORY
RESPONSES.
AS I SAID SENSIBLE WAY OF TRYING
TO STRENGTH AND AND AND
BASICALLY GIVE A FACT. TO THE
GREEN CHEMISTRY PROGRAM THAT WE
ADOPTED TEN YEARS AGO AS A
LEGISLATURE SO WITH ME HERE
TODAY WE HAVE RV CAR FOR THE
NATURAL RESOURCES DEFENSE
COUNCIL AND BILL -- YOU'D FROM
THOUGH ENVIRONMENT WHILE WORKING
GROUP.
WHO ARE BOTH CONTESTANTS FOR THE
BILL?
THANK YOU VERY MUCH TO ME THE
TEACHER IF YOU WOULD.
ALLOW YOUR WITH ENVIRONMENTAL
WORKING GROUP I'M PLEASED TO BE
BEFORE THE COMMITTEE WITH
SENATOR ALAN EWG CLEAN WATER
ACTION AND AND OUR DC ARE THE
THREE CO SPONSORS FOR THIS BILL.
AND THEIR COMMITMENT TO THE
SAFER CONSUMER PRODUCT PROGRAM
GOES BACK TO THE BEGINNINGS OF
THE PROGRAM INCLUDING
PARTICIPATING IN THE MULTI YEAR
PROCESS TO ESTABLISH THE FEDERAL
REGULATIONS.
UNDER WHICH THE DEPARTMENT
OPERATES THIS BILL THIS PROGRAM
AND THE BILL OR ABOUT REAL WORLD
EFFECTS ON ON REAL CALIFORNIANS
FOR EXAMPLE SYNTHETIC FLAME
RETARDANTS HAVE BEEN LINKED TO
CANCER THYROID DESTRUCTION
MEMORY.
DELAYED MENTAL AND PHYSICAL
DEVELOPMENT AT CETERA AN EARLY
FOCUS OF THE PROGRAM IS
TARGETING THESE CHEMICALS IN
CHILDREN SLEEP MAPS.
MASS THIS IS BUT ONE EXAMPLE OF
WHY THE PROGRAM MUST WORK TO
PROTECT THE MOST VULNERABLE
POPULATIONS AND EVENTUALLY ALL
CONSUMERS.
HOWEVER THE REALITY OF THE
PROGRAM IS NOT LIVING UP TO ITS
POTENTIAL DESPITE CLAIMS IS JUST
GETTING STARTED NEED TIMES TO
SETTLE INTO WORKABLE RHYTHM.
IS ONLY BEEN THREE REGULATORY
ACTIONS TO PROD PRODUCT CHANGE
IN TEN YEARS NO ALTERNATE
ASSESSMENTS HAVE BEEN COMPLETED
NO ACTIONS TAKEN.
FROM ALL NOTE THAT THE
LEGISLATURE HAS BEEN RELUCTANT
TO REGULATE HAZARDOUS CHEMICALS
INSTEAD DEFERRING TO THE GREEN
CHEMISTRY PROGRAM.
THE LAST DECADE HAS GIVEN US
EXPERIENCED IDENTIFY WHERE THE
PROBLEMS ARE THE ORIGINAL
LEGISLATION IN THE PROGRAM.
SO THAT WE CAN FIX BARRIERS AND
HOLES THAT WILL MAKE THIS
CRITICAL PROGRAM WHEN IT NEEDS
TO BE.
SB THREE NINETY TO RESPOND
DIRECTLY TO WHAT WE BELIEVE IN
THE NEEDED REFORMS IN THE
PROGRAM -- WE HAVE MET WITH THE
OPPOSITION AND NOW WITH THE
STAFF AND CENTERS STAFF IT'S A
FAIR TO SAY WERE OPTIMISTIC ON
CRAFTING AMENDMENTS THAT WILL
MEET THEIR CONCERNS AS OUR
ONGOING DISCUSSIONS.
OF NOW YIELD TO AVI CAR OF AN
RBC WILL ADDRESS THE BILL'S
SPECIFIC THANK YOU.
THANK YOU VERY MUCH TWO MINUTES
PLEASE.
HANK YOU GOOD AFTERNOON MY NAME
IS AVINASH CAR I'M A SENIOR
ATTORNEY AND DIRECTOR FOR STATE
HEALTH POLICY WITH THE NATURAL
RESOURCES DEFENSE COUNCIL.
THE SAFER CONSUMER PRODUCTS --
FOR PRODUCTS PROGRAM IS AN
ESSENTIAL COMPONENT OF
ADDRESSING TOXIC CHEMICALS
BEFORE THEY BECOME A PROBLEM.
THAT IS FOCUSING ON PREVENTING
TOXIC EXPOSURES IN THE FIRST
PLACE RATHER THAN CLEANING UP
AFTER THE FACT THE AND FIXING
THE EFFECTS OF EXPOSURE AFTER
THE FACT.
MY COLLEAGUE BILL AALIYAH AND
THE SENATOR HAVE OUTLINED BY THE
IMPORTANT ROLE THE SAFER
CONSUMER PRODUCTS PROGRAM IN
PROTECTING PUBLIC HEALTH AND THE
SLOW PACE OF THE PROGRAM TO DATE.
A RECENT TEN YEAR RETROSPECTIVE
OF THE CENTER OUTLINED --
OUTLINED THE TREMENDOUS PROMISE
OF THE PROGRAM BUT ALSO THE
STRUCTURAL FACTORS THAT ARE
HOLDING IT BACK.
MAKING A SERIES OF
RECOMMENDATIONS FOR IMPROVEMENT.
SB THREE NINE TWO ACTS ON THOSE
RECOMMENDATIONS WOULD REMOVE
SEVERAL THE STRUCTURAL BARRIERS
HOLDING THE PROGRAM BACK. ONE
KEY ISSUES THE PROGRAM'S LACK OF
ACCESS TO PRODUCT INGREDIENT
DATA.
PROGRAM STAFF HAVE HAD TO RESORT
TO GOOGLE SEARCHES AN
UNSUCCESSFUL VOLUNTARY INDUSTRY
REQUESTS TO GET INFORMATION
PRODUCT INGREDIENTS.
THE RESULT HAS BEEN LONG DELAYS
AND HESITATION TO CONSIDER ALL
THE PRINCIPAL INGREDIENTS.
THE RESULT HAS BEEN US APARTMENT.
AS BETWEEN NINE TO PROVIDE THE
DEPARTMENT CLEARER STRONGER DATA
COLLECTION AUTHORITY THAT WILL
PRESERVE THE TRADE SECRET
PROTECTIONS ALREADY IN THE GREEN
CHEMISTRY Là.
THE SECOND ISSUE IS A LACK OF
DEADLINES AND CLEAR REQUIREMENTS
FOR THE PROGRAMS OUTLINED TIME
LINES FOR ACTION.
WHICH A PRIVATE TRANSPARENCY AND
ACCOUNTABILITY.
THE CURRENT THREE YEAR WORK
PLANS ARE VAGUE.
AND NOT SPECIFIC ENOUGH TO BE
MEANINGFUL.
THEY FACILITATE THE LENGTHY
DELAYS THAT HAVE BEEN
UNFORTUNATE FEATURE OF THE
PROGRAM TO DATE.
SB THREE NINE TWO WOULD REQUIRE
THE AGENCY TO DEVELOP A WORK
PLAN TO ADDRESS FIVE PRODUCT
CATEGORIES AND SUBCATEGORIES IN
FIVE YEARS.
IT WOULD ALSO REQUIRE THEM TO
DEVELOP TIMELINE FOR THE VARIOUS
STEPS INVOLVED.
IT WOULD REQUIRE THE
CONSIDERATION OF ALL CHEMICALS
OF CONCERN THAT SERVE THE SAME
PURPOSE A FUNCTION DISS SO THAT
WE WILL HAVE THE SITUATION OF
REGRETTABLE SUBSTITUTION AND
HAVE THE PRODUCT COME BACK TO
THE AGENCY A COUPLE OF YEARS
LATER.
YES I PUT UP THANK YOU
ABSOLUTELY -- LAST FACTOR IS A
ONE SIZE FITS ALL APPROACH AND
WE CREATE A FAST TRACK -- THE
APPROACH TO MAKE SURE THAT --
THAT WHEN THERE IS EXISTING
STUDIES IN PLACE THOSE SUDIES
CAN BE RELIED UPON BY THE AGENCY
TO ACT AND NEED NOT REQUIRE A
LENGTHY YEARS LONG PROCESS OF
INDIVIDUAL ALL TURNS ANALYSES BY
COMPANIES.
THIS COULD NOT ONLY SPEED UP THE
PROCESS A COULD SAVE RESOURCE
STRAPS SMALLER COMPANIES MONEY.
AND THE SB THREE I DO FINALLY
PROVIDES PROVISIONS TO REMOVE
REDUNDANCIES IN THE PROCESS AND
WOOD -- BOSSES THANK YOU PROGRAM
FOR ALL THESE REASONS WE ARE
DRIVES I IS VERY NICE TO ME SHE
ADDED.
ANY OTHER WITNESSES IN SUPPORT
IF YOU PLEASE STEP FORWARD WITH
NAME AND AFFILIATION.
THE ONLY A SOLUTION ON BEHALF OF
LOS ANGELES CITY ATTORNEY MIKE
FEUER AS ONE OF THE AUTHORS OF
THE IMPLEMENTING STATUTES HE IS
SUPPORTIVE OF THE
RECOMMENDATIONS TO IMPROVE THE
PROGRAM AND ASK YOUR AYE VOTE
THANK YOU THANK YOU NEXT WITNESS
PLEASE.
NIKITA CRIED WITH AN RTC BUT
REGISTERING SUPPORT FOR THE
CALIFORNIA LEGAL CONSERVATION
VOTE VOTERS -- AS WELL AS THE
CALIFORNIA DEPARTMENT JUSTICE
ALLIANCE THINKING THANK YOU.
HELLO MY NAME IS ANDREA VENTURA --
I'M WITH CLEAN WATER ACTION WE
ARE PROUD TO BE ONE OF THE CO
SPONSORS ON THIS BILL OBVIOUSLY
IN SUPPORT.
THANK YOU SO MUCH WITNESSES IN
OPPOSITION IT STEP FORWARD.
GOOD AFTERNOON I'LL GIVE YOU A
LITTLE OVER TWO MINUTES BECAUSE
THE PROPONENTS TOOK A LITTLE
OVER TWO MINUTES EACH.
GOOD AFTERNOON THANK YOU MADAM
CHAIR MEMBERS TIM CHEST IT WITH
THE AMERICAN CHEMISTRY COUNCIL --
WE ARE WE DO HAVE A CURRENT
OPPOSE -- POSITION N THE BILL --
BUT HAVING SAID THAT WE DID
TESTIFIED LAST WEEK INSANITY Q.
THAT THERE ARE SOME PRIMARY
AREAS WHERE WE DO HAVE CONCERNS --
WE HAVE MET AS MR ELIUD MENTION
WE HAVE MET WITH -- CENTER
ALLEN'S OFFICE AS WELL AS THE
PROPONENTS -- TO DISCUSS SOME OF
THOSE ISSUES THEY PRIMARILY --
RESIDE IN THREE AREAS HOW THE
DEPARTMENT WOULD UTILIZE THE
PUBLIC INFORMATION -- AND
AVAILABLE PUBLIC LEE AVAILABLE
ALTERNATIVES ANALYSIS -- WE
WOULD LIKE TO SEE SOME
PARAMETERS AROUND THAT SOME
CRITERIA TO ENSURE THAT THAT
INFORMATION -- MEETS -- THE SAME
LEVEL OF RIGOR -- AS WE WOULD BE
REQUIRED TO WHEN WE SUBMIT
INFORMATION TO THE DEPARTMENT --
THE DATA CALL IN SECTION IS
ANOTHER AREA WHERE WE THINK
FRANKLY THERE MAY BE SOME
OPPORTUNITIES FOR FOR DTS SEE --
TO IN A MORE -- EXPEDITED
FASHION LOOK AT IT AVAILABLE
INFORMATION FROM MANUFACTURERS
TO MAKE BETTER INFORMED
DECISIONS AGAIN WE'D LIKE TO SEE
SOME -- PARAMETERS AROUND THAT
DATA CALLING AUTHORITY -- SOME
SCHEDULE TIME LINES -- ALLOWING
MANUFACTURE SOME REASONABLE TIME
TO SUBMIT INFORMATION REQUESTS --
TO THE DEPARTMENT SO LIKE I SAID
WE WE HAD SOME CONVERSATIONS I'M
OPTIMISTIC THAT WE CAN --
CONTINUE THOSE DIALOGUE AS WELL
AS COME UP TO HIM HOPEFULLY SOME
LEVEL OF CONSENSUS -- MOVING FOR
BUT AS THE BILL IS CURRENTLY
RIGHT NOW WE ARE OPPOSED
APPRECIATE THE OPPORTUNITY MAKE
THESE COMMENTS THANK YOU THANK
YOU VERY MUCH I SUSPECT THERE
WILL BE OTHER DISCUSSIONS IT
THAT SOUNDS LIKE THIS IS
DEFINITELY SOMETHING THAT CAN BE
WORKED ON OF MY PROBLEMS BEEN
DTS SEE. FOR YEARS WHEN I FIRST
GOT ELECTED.
I WILL SEE HOW MANY YEARS AGO
BUT DTS SEE -- WAS GIVEN
MARCHING ORDERS AND HERE WE ARE
TWENTY YEARS LATER AND THEY
STILL HAVEN'T FIGURED OUT THE
CADENCE FOR THE MARCH SO WE
HAVEN'T SEEN MUCH AND I THINK WE
NEED TO SEE THAT SO.
I SUSPECT THOUGH THIS WILL BE A
GOOD OPPORTUNITY TO TO GET ALL
THE PARTIES WORKING TOGETHER
BECAUSE IT SOUNDS LIKE YOU
SUPPORT THE SAME ULTIMATE GOAL.
VERY GOOD OTHER WITNESSES IN
OPPOSITION.
TOM JACOB ON BEHALF OF THE
CHEMICAL INDUSTRY COUNCIL OF
CALIFORNIA -- SHARING -- THE
PERSPECTIVE OF MR SHASTA --
HOPEFUL THAT WE CAN -- IF YOU
SUPPORT THE PROGRAM AND SUPPORT
THE EFFORT TO MAKE IT RUN MORE
EFFICIENTLY AND EFFECTIVELY
THANK YOU SO THAT'S THE KIND OF
KIND OF SUPPORT.
BUT KIND OF OPPOSE THE TWEENER
THING.
OKAY.
VERY GOOD SUPPORT THE CONCERNS
WITH THE SPECIFIC LANGUAGE AS
ARTICULATED BY MR SHASTA BERRY
GOOD -- WE NEED TO WORK ON THAT
OKAY THANK YOU VERY MUCH.
HERE IN THREE MILLION ON BEHALF
THE GROCERY MANUFACTURERS
ASSOCIATION OPPOSITION THANK YOU
THANK YOU.
I TURNED HIS OF THE CALIFORNIA
LEAGUE FOOD PRODUCERS IN
OPPOSITION FOR THE REASONS
STATED I THINK OUR BIG CONCERNS
IS THAT FOOD PACKAGING OR PART
OF THE THREE A THREE YEAR WORK
PLAN.
WITHIN THE THE TSC I WANT TO
MAKE SURE THAT WE HAVE A ROBUST
SYSTEM PARTICULARLY FOR
ALTERNATIVE ASSESSMENT BECAUSE
I'M AS A SENATOR STATED VERY
CONCERNED ABOUT REGRETTABLE
SUBSTITUTION.
FISH WHEN YOU'RE TALKING ABOUT
FOOD GRADE AND AND DIFFERENT
MATERIALS THAT WERE USING THEIR
PACKAGING THANK YOU THANK YOU
VERY MUCH ANY OTHER WITNESSES IN
OPPOSITION.
ALL RIGHT SEEING NONE WILL BRING
IT BACK TO THE DYESS ANY
QUESTIONS OR COMMENTS.
HELLO ALRIGHT ANY MOTION.
MOTION BY SENATOR STERN THE
MOTION IS. TO PASS THE SENATE
APPROACH I WANT TO THANK THE
CENTER FOR WORKING ON THIS THIS
IS.
NOT OUR FIRST GO AROUND ON THIS
ISSUE BUT CERTAINLY -- IT'S A
WORTHY A WORTHY EFFORT AND I'M
CONFIDENT TO CHILL CONTINUE
WORKING WITH THE OPPOSITION. TO
TO COME UP WITH SOMETHING IS
GOING TO MOVE THIS WHOLE ISSUE
FORWARD INTO.
A MUCH SPEEDIER AND MORE
EFFECTIVE WAY THAN WHAT WE'VE
SEEN SO FAR VERY GOOD.
AND WITH THAT IF YOU'D LIKE TO
CLOSE.
YEAH WE WE JUST HAVE A SIDEBAR
WITH THE SUGGEST THINK ABOUT --
CLEANING UP SOME ADDITIONAL
LANGUAGE I THINK ONE ASPECT WANT
ONE OF THE KEY THINGS HE BROUGHT
UP WE ARE ALREADY GETTING
RESULTS.
I WE GOT COPIES OF THE GREEN
CANISTER PORT I CAN I CAN
DISTRIBUTE TO THE COMMITTEE FOR
YOU TO TAKE A LOOK AT BUT WE'RE
WE'RE JUST TRYING TO MAKE SURE
THAT WE REALLY DO YOU MAKES YOU
HAVE.
WE WE MAKE THE SCREEN BECAUSE
THE PROGRAM REAL -- THAT'S ALL
WE'RE TRYING TO DO HERE IN AND
WITH THAT WE STRICTLY OSCAR HAVE
A VERY GOOD THANK YOU.
ALL RIGHTY -- PLEASE CALL THE
ROLL.
JACKSON HI JACKSON AYE FORTUS.
ALAN I'D ALLEN AYE A COVER HERO.
MONNING.
MONEY AYE STERN.
I AM BURKE.
WHITE HOUSE HE ALL RIGHT THE
BILL HAS FOUR VOTES AND WE WILL
HOLD IT ON CALL. FOR THE ABSENT
MEMBERS SENATOR ALLEN YOU HAVE
ONE OTHER BILL -- IT IS FILE
ITEM.
FOURTEEN YEAH SB SIX THIRTY
EIGHT ALL RIGHT.
AND IF -- IF YOU JUST WAIT ONE
SECOND WHILE WE LET THOSE FOLKS.
LEAVE THE ROOM AND CLEAR.
CLEAR THE SPACE FOR THE NEXT
BILL.
YEAH.
INTERESTING.
GOOD AFTERNOON THIS IS AGAIN
FILE ITEM FOURTEEN PLEASE SIR GO
AHEAD.
WELL GOVERNMENT MAN CHAIR AGAIN --
SO FIRST OF ALL LET ME START BY --
ACCEPTING THE COMMITTEE
AMENDMENT SUGGESTS THE HOUSES
AND I JUST WANT TO THANK THE
COMMITTEE STAFF FOR THEIR HARD
WORK ON THIS BILL -- ELECTED AND
I CERTAINLY DO LOOK FOR TO
WORKING CLOSELY WITH THE
COMMITTEE AS THE POLICY IS
PERFECTED -- LOOK WHAT WE'RE
TRYING TO GET MORE.
TV'S OUT THERE -- AND AND THAT'S
PART OF OUR GOALS IS A STATE
ELECTRIC VEHICLES COURSE THE BIG
CHALLENGE INVOLVES CREATING MORE
OF A CHARGING INFRASTRUCTURE
THAT'S ONE OF THE GREATEST.
INFRASTRUCTURAL CHALLENGES THAT
WE HAVE TO GETTING MORE ELECTRIC
VEHICLES OUT -- ON TO OUR ROADS.
NOW THIS BILL ADDRESSES THAT
ISSUE BY HELPING RENTERS.
ACCESS ELECTRIC VEHICLE CHARGING
STATIONS BY REFORMING THE
INSURANCE REQUIREMENT FOR
INSTALLING THEM SO IN CURRENT
LAW.
IF A RENTER AND LOTS OF PEOPLE
ARE RENTERS.
WANTS TO INSTALL ANY V. CHARGING
STATION THE LANDLORD HAS TO
ALLOW IT.
HOWEVER CURRENT LAW ALSO HAS A
LET ME REQUIREMENTS TO THE
LANDLORD CAN DEMAND ON THE
PERSPECTIVE YOU THE OWNER BEFORE
THEY CAN INSTALL THE NECESSARY
CHARGING STATION.
AND AND TOO OFTEN -- THEIR
REQUIREMENTS AND SERVE TO
INTIMIDATE AND CONFUSED TENANTS.
NOW I'M FOCUSING ON ONE
PARTICULAR -- WHICH IS A
REQUIREMENT THAT A RENTER.
BE ABLE TO CARRY A ONE MILLION
DOLLAR INSURANCE.
REQUIREMENT ASSOCIATED WITH
THEIR U. V. -- CHARGING STATION
NOW THERE IS SIMPLY NO EVIDENCE.
THAT E. V. CHARGING STATION
INSURANCE IS READILY AVAILABLE
NOR IS THERE EVIDENCE OF A
SITUATION ARISING WHERE YOU
CHARGING STATION INSURANCE.
WOULD ACTUALLY BE NEEDED.
I BUT THERE ARE -- THE VAST
MAJORITY OF LANDLORDS DON'T
REQUIRE THIS BUT THERE ARE SOME
OUT THERE THAT DO YOU -- AT THIS
BILL REFORMS THE INSURANCE
REQUIREMENT BY REMOVING THE ONE
MILLION DOLLAR MINIMUM IN FAVOR
OF A GENERAL REQUIREMENT OF
INSURANCE -- THERE BY MAKING THE
SWITCH TO T. V. MORE ACCESSIBLE
FOR CALIFORNIA TENANTS.
IT WOULD BE HERE TODAY I HAVE
NOT KENNEDY RENTER I AM A
CONSTITUENT OF MINE IS DEALT.
WITH THIS PROBLEM FIRSTHAND
TRYING TO HIS PART AND SWITCH TO
ELECTRIC VEHICLE IN HIS
APARTMENT COMPLEX.
THANK YOU TWO MINUTES IF YOU
WOULD.
DEFINITELY MADAM CHAIR AND
MEMBERS I THANK YOU FOR HAVING
ME.
HI MY NAME IS MATT KENNEDY I'M A
RENTER IN THE WEST LA AREA --
WHO ATTEMPTED TO MAKE THE SWITCH
TO ELECTRIC VEHICLE AND I'M HERE
TO SUPPORT SB?
SIX THREE EIGHT MY PASSION FOR
THE ENVIRONMENT AND CARBON
REDUCTION INSPIRED ME TO FOUND
MY OWN COMPANY MODE.
WHICH IS DEVELOPING A DEVICE TO
FILTER TOXIC PARTICLES FROM
CARTEL PIPES.
HOWEVER IRONICALLY.
I HAD TROUBLE SWITCHING TO CLEAN
ELECTRIC VEHICLE MYSELF -- DUE
TO THE ONEROUS AND COMPLEX
REQUIREMENTS FOR RENTERS IN
STATUTE WHICH LANDLORDS ARE
QUICK TO ENFORCE.
SOME OF THESE REQUIREMENTS ARE
ONE A MONTHLY RENTAL AMOUNT FOR
THAT PARKING SPACE. TO PAYING
ALL COSTS OF INSTALLATION OF THE
CHARGING STATION AND IT'S
INFRASTRUCTURE PRIOR TO
INSTALLATION. THREE PROVIDE A
COMPLETE FINANCIAL ANALYSIS AND
SCOPE OF WORK REGARDING THE
INSTALLATION.
OF THE CHARGING STATION AND IT'S
INFRASTRUCTURE.
AND FOR A WRITTEN DESCRIPTION OF
THE MODIFICATIONS CONSISTENT
WITH THE PERMITTING CHECKLIST OF
THE ZERO EMISSION VEHICLES IN
CALIFORNIA COMMUNITY READING
THIS GUIDE BOOK.
PUBLISHED BY THE OFFICE OF
PLANNING AND RESEARCH AND THE
LIST GOES ON AMONG THESE
REQUIREMENTS IS A DAUNTING ONE
MILLION DOLLAR INSURANCE
APARTMENT FOR THE CHARGING
STATION.
I FOUND MYSELF WONDER.
WHY SUCH REQUIREMENT WAS
NECESSARY WHAT KIND OF DAMAGE
COULD THE TRANSITION COST?
AND IN WHAT SOONER WOULD I BE
LIABLE AND NOT THE INSTALLER OR
THE MANUFACTURER.
WHERE CAN I FIND THIS INSURANCE?
AFTER ONLINE SEARCHES YIELDED
NOTHING I BEGAN MAKING INCREASED
A MAJOR INSURANCE CARRIERS LIKE
GEICO STATE FARM.
GETTING A VARIETY OF TROUBLING
ANSWERS FROM ALL THE CARRIERS.
ALL THE CARRIERS WERE UNDERSTAND
WE CONFUSE ABOUT THE STATUTORY
INSURANCE MINIMUM.
AND DID NOT HAVE READILY
AVAILABLE POLICIES FOR MEAT
THAT'S PURCHASE THAT WOULD
SATISFY THE REQUIREMENTS THE
CURRENT LAW. FOR RENTERS
PARTICULARLY MAKING THE SWITCH
TWENTY V. AND INSTALLING THE
NECESSARY INFRASTRUCTURE IS
COMPLICATED AND EXPENSIVE ENOUGH
AS IT IS.
THAT'S WHY I STRONGLY SUPPORT AS
A SIX THREE EIGHT SENATE RENTERS
LIKE ME WHO ARE TRYING TO MAKE
THE SWITCH TV'S CAN HAVE MORE
FLEXIBILITY IN INSURANCE THEY
GET.
FURTHER CHARGING STATION AND NOT
BE SUBJECTED TO LARGE ARBITRARY
MINIMUMS.
MEMBERS -- MADAM CHAIR PLEASE
JOIN ME IN SUPPORTING SB SIX
THREE EIGHT THANK YOU.
THANK YOU VERY MUCH OTHER
WITNESSES AND JULIE NOW AND ASK
ABOUT THE HAVE THE CALIFORNIA
ELECTRIC TRANSPORTATION
COALITION -- ONLY ADD COUNTY SEE
LOVE THIS BILL BECAUSE IT'S NOT
ASKING FOR MORE MONEY IT'S NOT
CREATING A NEW PROGRAM IT'S
SIMPLY REMOVING AN UNNECESSARY
BARRIER WE ASK FOR YOUR SUPPORT.
THANK YOU VERY MUCH.
OF WITNESSES IN SUPPORT.
MADAM CHAIR AND MEMBERS OF THE A
SOLUTION ON BEHALF OF THE CITY
OF SANTA MONICA SIGNIFICANT
NUMBER OF OUR RESIDENTS ARE
RENTERS.
BUT ARE ALSO EVEY OWNERS THIS
GOES A LONG WAY IN HELPING THEM
ENSURE THAT THEY HAVE CHARGING
AT THE RESIDENCE THANK YOU
[inaudible]
THANK YOU.
WE APPARENTLY ON BEHALF OF TESLA
IN SUPPORT THANK YOU THANK YOU.
KAYLA ROBINSON ON BEHALF OF THE
ELECTRIC VEHICLE CHARGING SAYS
ASSOCIATION AND SUPPORT.
VERY GOOD WITNESSES IN
OPPOSITION.
THERE IS NO OPPOSITION WELL
THAT'S GOOD BECAUSE I HAVE AN
ELECTRIC CAR AND I JUST THINK
IT'S THE SWEETEST THING.
I CAN DRIVE BY EVERY GAS STATION
ON THE PLANET JUST WAVE NICELY
AT THEM.
WHICH I DO ALL THE TIME
REPRESENTING SANTA BARBARA --
THANK YOU FOR TAKING THE
AMENDMENTS I THINK THE INITIAL
CONCERN WAS THAT THESE THINGS
WERE GOING TO BLOW UP OR CAUSE
FIRES BUT GIVEN THE FACT THAT
WE'RE WE'RE JUST SIMPLY ASKING
FOR IS THAT YOU HAVE AN
ELECTRICIANS WHO KNOWS WHAT
THEY'RE DOING.
PUT IN THIS.
A SYSTEM WE'VE HAD NO PROBLEMS
IN IN MY HOME AND TO FIVE
FRANKLY WOULD LIKE.
TO SEE THE BILL EXPANDED TO
REQUIRE THAT LANDLORDS PROVIDE
TV CHARGING STATIONS FOR ANY NEW
CONSTRUCTION OR MAJOR REMODELS
OF EXISTING RENTAL HOUSING STOCK
I MEAN.
THIS IS THE WAVE OF THE FUTURE
IF WE CHOSE ALL GET IN.
ON LINE WITH IT AND I KNOW
THAT'S NOT YOUR BILL BUT I FEEL
SO STRONGLY ABOUT THIS I MEAN I
PLUG IN AND I CAN GET TWO
HUNDRED AND TWENTY TWO HUNDRED
FORTY MILES ON A CHARGE -- TO
TODAY'S CARS TO THAT I DON'T
HAVE A TEST Là TIME.
I'M A PUBLIC WE ARE SEEING
TREMENDOUS ADVANCES.
AND I APPRECIATE THAT YOU ARE
TRYING TO DO YOUR PART I SUSPECT
A LOT OF PEOPLE WOULD LIKE TO BE
ABLE TO DO THEIR PART.
A MILLION DOLLARS INSURANCE
DOESN'T ENCOURAGE IT SO I DO
APPRECIATE THE AMENDMENTS AND
APPRECIATE YOUR DOING THE BILL.
AND WOULD ENTERTAIN A MOTION OF
IF.
THANK YOU SENATOR STERN AND IF
YOU'D LIKE TO CLOSE.
MANAGER I THINK YOU DID MY
CLOSING VERY WELL.
I I I I CHARGE -- AT MY MY HOUSE
AS WELL AND I I JUST THINK WE
NEED.
TO GET MORE OPPORTUNITIES FOR
RENTERS TO BE ABLE TO ACCESS THE
EMERGING MARKET IS A WAY OF
DOING THAT VERY GOOD THANK YOU
WITH THAT THE MOTION IS TO PASS
AS AMENDED TO SENATOR PROPS
PLEASE CALL THE ROLL.
JACKSON AYE JACKSON AYE A
BORDERS.
ALAN AYE ALLEN AYE CABALLERO.
MONNING.
STERN.
STERN I UMBERG.
Y. CASKEY.
THE BILL HAS THREE VOTER WILL
PLACE IT ON CALL -- I DON'T SEE
SENATOR GALGIANI AND I THINK I'M
THE LAST ONE UP SO WE'LL GO
AHEAD WITH FILE ITEM. NINE AND I
WILL GIVE THE GAVEL TO SENATOR
STERN
.
RIGHT CENTER GALGIANI JUST BY
THEIR HAIR IN YOUR CHIN TO CHIN
CHIN I WAS GOING TO GO FOR WITH
MY BILL BUT WE WILL.
GO AHEAD WITH A THE THE LAST
ITEM ON THE AGENDA IS FILE ITEM
SIXTEEN SB.
SEVEN FORTY ONE THE FLOOR IS
YOURS AND IF AGAIN WE COULD HAVE --
ANY WITNESSES TO WITNESSES
MAXIMUM TWO MINUTES EACH THE
FLOOR IS YURS THANK YOU MADAM
CHAIR AND MEMBERS SB SEVEN FOUR
ONE WILL PROTECT CHAT
TRANSGENDER PEOPLE'S PRIVACY.
BY UPDATING IN A LINE IN THE
PROCESS FOR WHICH MARRIAGE
CRTIFICATES AND BIRTH
CERTIFICATES ARE PROCESSED
CURRENT LAW STILL DISCLOSES THE
ORIGINAL OR BIRTH NAME ON THESE
OFFICIAL DOCUMENTS.
AND THEREFORE ALLOWS FOR THE
POSSIBILITY OF DISCRIMINATION OF
TRANSGENDER PEOPLE.
SB SEVEN FORTY ONE WOULD FIX
THIS AND THEREFORE PREVENT
TRANSGENDER PEOPLE FROM
DISCRIMINATION WHEN ROLLING
THEIR CHILD AND SCHOOL APPLYING
FOR A LOAN OR ONE OFFICIAL
DOCUMENTS NEED TO BE DISCLOSED.
WITH ME TODAY SALAS KIND KESSLER
WITH A QUALITY CALIFORNIA AND
AMERICA HAZEN BUSH AN ATTORNEY
WHO HAS FIRST HAND EXPERIENCE
WITH THE PAIN.
AND DIFFICULTY THE PROCESS A
TRANSGENDER PERSON GOES THROUGH.
I RESPECTFULLY ASK FOR YOUR AYE
VOTE.
PRETTY GOOD -- TO I'D LIKE TO
INDICATE THERE'S NO OPPOSITION
THAT IS BEEN RECORDED SO YOU CAN
KEEP IT SHORT AND THAT WOULD BE
WONDERFUL.
GOOD AFTERNOON AND THANK YOU FOR
HAVING ME HERE TODAY MY NAME IS
AMIR HIS AMBUSH AROUND US A LAW
FIRM IN LOS ANGELES COUNTY THAT
FOCUSES ON LGBT INDIVIDUALS AND
FAMILIES.
AS A PART OF THAT PRACTICE ISIS
TRANSGENDER CLIENTS IN OBTAINING
LEGAL NAME AND GENDER CHANGES.
I ALSO SPENT FIVE AND A HALF
YEARS WORKING FOR THE WILLIAMS
INSTITUTE AN LGBT THINK TANK IT
YOU SILLY SCHOOL OF LAW.
AS A PART OF THAT WORK I DRAFTED
AND PROVIDED TECHNICAL
ASSISTANCE FOR BILLS AND MODEL
LAWS THAT IMPACTED THE LGBT
COMMUNITY.
IN THE LAST YEAR IT WORK FOR THE
CLIENT WAS GOING THROUGH AN
AMICABLE DIVORCE SHE DECIDED TO
TAKE BACK HER MAIDEN NAME.
EMOTION -- HUSBAND GREED TO
HYPHENATE THEIR CHILDREN'S LAST
NAMES AS A RESULT.
HOWEVER WHEN SHE ASKED IF SHE
COULD MODIFY HER OLDER CHILD
BIRTH CERTIFICATES TO REFLECT
HER HUSBAND'S GENDER HE A
TRANSITION TO MAIL BETWEEN THE
BIRTH OF THEIR FIRST AND SECOND
CHILD.
ALL I COULD TELL THERE WAS THAT
IT WOULD COST MORE MONEY AND I
COULDN'T GUARANTEE THE OUTCOME.
WHICH IS NOT TO MAKE THE CHANGE
AT ALL AND HE'S STILL LISTED ON
THE CHILD ON THE CHILD'S BIRTH
CERTIFICATE AS THE MOTHER OF THE
CHILD.
ANOTHER CLIENT HEARD ME TO
COMPLETE HER NAME GENDER CHANGE
ELEVEN MONTHS AGO.
SHE RECEIVED HER COURT ORDER OF
NAME AND GENDER CHANGE IN MID
JULY EIGHT WEEKS AFTER WE FILED
A PETITION WITH THE COURT.
I GOT CONFIRMATION FROM HER THAT
SHE FINALLY RECEIVED HER AMENDED
MARRIAGE CERTIFICATE YESTERDAY.
MORE THAN EIGHT MONTHS AFTER SHE
RECEIVED HER JUDGMENT.
IN ORDER TO GET HER NEW MARRIAGE
CERTIFICATE WITH THE OLD ONE
SEALED AND WITHOUT INDICATIONS
OF HER FORMER NAME.
I DROPPED IN SUBMITTED A LEGAL
MEMO TO THE COURT HAD A FORMAL
HEARING BEFORE JUDGE FILED A
SEPARATE MOTION GOT THAT ORDER
PARTIALLY PROVED SENT THIRTY
EMAILS BACK AND FORTH WITH VITAL
RECORDS BETWEEN JUNE OF LAST
YEAR IN MARCH OF THIS YEAR.
YES I COUNTED MADE COUNTLESS
PHONE CALLS AND HEARD A VERY
CAREFUL LINE BETWEEN BACKING
INSISTING AND THREATENING.
I SUCCEEDED ON BEHALF OF MY
CLIENT AND SHE VERY LIKELY FOR
HER HOW TO SIGN A FLAT FEE
AGREEMENT WITH ME THE ONLY
CHARGE FOR FOR ONE HOUR OF MY
TIME. TO MEND HER MARRIAGE
CERTIFICATE BUT THE VAST
MAJORITY OF TRANSGENDER PEOPLE
DO NOT HAVE THE FINANCIAL
RESERVES TO HIRE PRIVATE COUNSEL
TO COMPLETE THEIR NAME AND
GENDER CHANGE PAPERWORK.
AND I HONESTLY DON'T THINK THAT
HER MARRIAGE CERTIFICATE A
MOMENT COULD HAVE BEEN COMPLETE
WITHOUT THAT THE ADVOCACY OF A
LAWYER.
FRANKLY I WASN'T EVEN SURE I
COULD DO IT AND I'M NOT SURE
EVERYWHERE WOULD GET THE SAME
OUTCOME.
THEY SHOULD NOT BE THE PROCESS
THE CHANGE A SMALL THE FIX IS
SIMPLE TRANSACTION BE ABLE TO
HAVE THEIR LEGAL NAME AND GENDER
CHANGE REFLECTOR PROPERLY ON ALL
OF THEIR ADMINISTRATIVE
DOCUMENTS NOT JUST THE BIRTH
CERTIFICATE THANK YOU VERY MUCH
NEXT WITNESS BRIEFLY.
THANK YOU MADAM CHAIR MEMBERS
ALICE KESSLER HERE ON BEHALF OF
A QUALITY CALIFORNIA'S SPONSOR
OF THE BILL AND FOR THE VERY
COMPELLING REASONS STATED BY MY
COLLEAGUE WE WOULD -- JURY LE.
THANK YOU VERY MUCH ARE THERE
ANY OTHER WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
SING IN HEARING ON ANY QUESTIONS.
MOVE THE BILL MOTION BY SENATOR
STERN.
I THINK FAIRLY STRAIGHTFORWARD
THANK YOU FOR BRINGING THIS
FORWARD THE MOTION IS TO PASS
THE SENATE HEALTH PLEASE CALL
THE ROLL.
JACKSON AYE JACKSON AYE BORDERS.
ALAN.
ALLEN AYE AYE CABALLERO.
MORNING.
MORNING I STERN.
STERN I AM A BURKE.
Y. CASKEY.
PART FORTY ZERO WILL HOLD THE
ROLE OPEN THANK YOU VERY MUCH
[inaudible]
LARA [inaudible]
ALL RIGHT -- A
NIELSEN.
ALL RIGHT PLEASE PROCEED THANK
YOU MISTER CHAIR AND MEMBERS.
I AM HERE TO PRESENT SB FIVE
SIXTY ONE THIS IS A MEASURE TO
ENSURE THE IMPORTANT RIGHTS.
PROVIDED BY THE CALIFORNIA
CONSUMER PRIVACY ACT THE CC PA.
CAN BE ENFORCED.
AND THEREFORE ENJOYED BY THE
PEOPLE OF CALIFORNIA.
PRIVACY AND CONSUMER PROTECTION
HAVE ALWAYS BEEN PRIORITIES FOR
ME I THINK IT IS A FUNDAMENTAL
PRINCIPLE OF DEMOCRACY.
AND CERTAINLY IT IS EMBEDDED IN
OUR CALIFORNIA CONSTITUTION.
AS AN EXPLICIT FUNDAMENTAL RIGHT.
I HAVE WORKED THERE FOR TO
PROTECT CALIFORNIANS PRIVACY FOR
DECADES TO MY LEGISLATION IN MY
WORK AS CHAIR.
ON THIS COMMITTEE -- IN
INTRODUCED LEGISLATION AS FAR
BACK AS NINETEEN NINETY NINE TO
ADDRESS THIS CHALLENGING WORLD
IN WHICH WE LIVE TODAY.
AS I MENTIONED CALIFORNIA IS AN
EXPLICIT CONSTITUTIONAL RIGHT TO
PRIVACY IN CALIFORNIA'S OF
SPECIFIC CONSTITUTIONAL RIGHT
ENSHRINED IN OUR CONSTITUTION
OVER FORTY YEARS AGO.
IN RESPONSE IRONICALLY TO
GROWING FEARS THAT THE
WIDESPREAD COLLECTING AND
STOCKPILING OF PERSONAL
INFORMATION WAS ACTUALLY
UNDERMINING CALIFORNIANS ABILITY
TO CONTROL THEIR OWN INFORMATION.
AND LIVES.
IT WAS ACTUALLY THEN THE SENATOR
[inaudible]
WAS.
QUESTION.
GEORGE MOSCONI.
WHO AS A STATE SENATOR FORTY
YEARS AGO SAW THE HANDWRITING ON
THE WALL IS TECHNOLOGY WAS
EMERGING AND THE THREATS TO
POTENTIAL PRIVACY BECAME CLEAR?
THOSE FEARS SEEM RATHER
PRESIDENT TODAY.
DESPITE ITS STATUS AS A
FUNDAMENTAL RIGHT OUR PRIVACY
HAS BEEN UNDER ATTACK IN RECENT
SCANDALS SUCH AS CAMBRIDGE
ANALYTICA.
THE MASSIVE DATA BREACHES OF
EQUIFAX AND MARRIOTT IN FACEBOOK
AND OTHERS WHICH CONTINUE TO BE
REVEALED ON AN ALMOST DAILY
BASIS.
AND THE TROUBLING COLLECTION OF
DATA REVEALED BY THE FLOW áP-SCANDAL PROVIDE THAT OUR PRIVACY
IS BECOMING MORE ILLUSORY THAN
REAL.
LAST YEAR CALIFORNIA TOOK THE
FIRST STEP AND TAKING BACK OUR
RIGHT TO PRIVACY BY PASSING THE
CCPA.
I APPLAUD THE EFFORTS OF ALL
THOSE WHO MADE IT HAPPEN.
BUT THE CCP EIGHT AS A CURRENTLY
STANDS IS A FIRST STEP A GOOD
ONE BUT THE FIRST STEP.
IN THE WAKE OF THE ENACTMENT OF
THE CCPA THE ATTORNEY GENERAL
SENT A LETTER TO THE LEGISLATURE.
WARNING THERE THERE WERE SERIOUS
OPERABILITY ISSUES WITH THE LAW.
RELEVANT HERE THE AGE SHE LAID
OUT A SERIES OF FIXES THAT COULD
ADDRESS THESE ISSUES AND
EFFECTIVELY BOLSTER THE MEAGER
ENFORCEMENT PROVISIONS.
THAT CURRENTLY EXIST IN THE C.
CPA.
AGREEING THAT ENFORCEMENT IS KEY
AND THAT THE CCP A LACKS PROPER
MECHANISMS I HAVE PARTNERED WITH
THE ATTORNEY GENERAL TO MAKE
THESE AMENDMENTS WHICH COMPRISE
SB.
FIVE SIXTY ONE AND I WILL BE
CLEAR.
THESE ARE AMENDMENTS SOUGHT BY
THE ATTORNEY GENERAL IN ORDER TO
MAKE THIS.
IMPORTANT MEASURE ENFORCEABLE
FOR THE PEOPLE.
THERE ARE THREE MAIN PROVISIONS
OF THE BILL.
THE FIRST OPERATES ON THE
PREMISE THAT A RIGHT WITHOUT A
REMEDY IS NO RIGHT AT ALL.
THE FIRST THING SB FIVE SIXTY
ONE DOES IS A FORD CONSUMERS
ACCESS TO JUSTICE BY PROVIDING
THEM THE ABILITY TO VINDICATE
THEIR OWN RIGHTS THROUGH CIVIL
ACTIONS FOR ALL VIOLATIONS OF
THE CCPA.
CURRENTLY CONSUMERS CAN ONLY
ENFORCE THEIR RIGHTS IN RESPONSE
TO ANARROW SUBSET OF DATA
BREACHES.
THIS BILL EXPANDS THE CONSUMER
ENFORCEMENT MECHANISM SO THAT
CONSUMERS CAN HOLD BUSINESSES
ACCOUNTABLE WHEN THEY VIOLATE
THIS LAW AND OUR RIGHT TO
PRIVACY.
SB FIVE SIXTY ONE ENSURES THAT
THE RIGHTS CREATED BY THE SHE
SHE PA ARE MEANINGFUL BY
AUTHORIZING CONSUMERS TO BE ABLE
TO TAKE CONTROL RATHER THAN
ALLOWING ONLY THE ATTORNEY
GENERAL. TO FIGHT FOR THE
PRIVACY RIGHTS OF OVER FORTY
MILLION PEOPLE HERE IN
CALIFORNIA.
EXAMPLE IF A BUSINESS IS
COLLECTING AND SELLING THE
PERSONAL INFORMATION OF A YOUNG
CHILD WITHOUT THE PARENT OR
GUARDIAN'S CONSENT THE CHILD AND
THE CHILD'S PARENT OR GUARDIAN
ARE CURRENTLY WITHOUT A REMEDY.
UNDER THE SEA CPA EVEN THOUGH IT
IS A CLEAR VIOLATION OF THAT LAW.
SB FIVE SIXTY ONE ATTEMPTS TO
ADDRESS THAT.
NUMBER.
TWO SB FIVE SIXTY ONE ELIMINATES
THE ABILITY OF BUSINESSES THAT
VIOLATE THE CCPA TO AVOID
ACCOUNTABILITY BY REMOVING THE
THIRTY DAY RIGHT TO CARE
PROVISION THAT WOULD EFFECTIVELY
HINDER.
THE THE ATTORNEY GENERAL'S
PUBLIC ENFORCEMENT -- AS HE IS
NOW DESIGNATED A TO DO THIS GET
OUT OF JAIL FREE CARD WOULD
ALLOW BUSINESSES TO
SYSTEMATICALLY VIOLATE THE LAW
WITH AN UNDERSTANDING THEY COULD
AVOID BEING HELD ACCOUNTABLE BY
CURING THE VIOLATION.
IF AND WHEN THE AG AND COVERED
THEIR MALFEASANCE.
THIS BILL PLUGS THAT ENFORCEMENT
LOSE BLUE POLL.
IT SHOULD BE NOTED THAT THE BILL
DOES NOT IMPLICATE THE RIGHT TO
CURE PROVISION ATTACHED TO THE
CONSUMER ENFORCEMENT.
MECHANISM IN THE C. CPA.
FINALLY SB FIVE SIXTY ONE
PROTECTS TAXPAYERS FROM THE
BURDEN OF PROVIDING LEGAL ADVICE
TO ANY BUSINESS THAT WANTS IT
AND INSTEAD AUTHORIZES THE AG TO
PUBLISH GENERAL GUIDELINES.
ON COMPLYING WITH THE CC PA TO
BENEFIT ALL BUSINESSES AND THIRD
PARTIES.
CURRENTLY THIS POORLY DRAFTED
PROVISION COULD BE INTERPRETED
TO REQUIRE THE AG TO ACT AS
EVERY BUSINESSES PERSONAL LEGAL
COUNSEL.
OFFERING ON DEMAND LEGAL
SERVICES FROM THE ATTORNEY
GENERAL TO PRIVATE ENTITIES
INCLUDING LARGE CORPORATIONS
LIKE GOOGLE LIKE AMAZON LIKE
FACEBOOK WHICH HAVE THEIR OWN
STABLE OF HUNDREDS OF LAWYERS
RIGHT THERE ON STAFF TO SAY
NOTHING.
OF THEIR ABILITY TO GO OUT AND
HIRE MAJOR LAW FIRMS REALLY DOES
IN FACT MEAN THAT THE PEOPLE OF
CALIFORNIA ARE PICKING UP THE
TAB.
IT'S UNPRECEDENTED AND A DRAIN
ON TAXPAYER FUNDS.
SB FIVE SIXTY ONE AVOIDS THIS
QUAGMIRE.
NUMEROUS INTEREST GROUPS ARE
EYEING THE CCP A WITH AN
INTERESTING DILUTING ITS IMPACT.
MOST HAVE VERY PARTICULAR ASKS
THAT CATER TO THEIR SPECIFIC
INTERESTS.
SOME SEEKING A COMPLETE
EXEMPTION.
FROM CERTAIN PROVISIONS OF THE
LAW FOR THEIR PARTICULAR
INDUSTRY BUT OTHERS SIMPLY SEEK
CLARITY WHICH CAN BE FAIR AND
REASONABLE.
AND THERE ARE CERTAINLY SENSIBLE
CHANGES THAT CAN BE MADE TO
CLEAN UP THE STATUTE AND MAKE
THE PATH TO COMPLIANCE A
SMOOTHER.
ONE THE STORIES ABOUT THE
STEALTH THE COLLECTION OF DATA
FROM APPS AND HOUSEHOLD PRODUCTS
IN THE MISUSE OF THAT DATA
INCLUDING THAT OF CHILDREN ARE
HORRIFYING TO PARENTS AND
GRANDPARENTS.
AND PROBABLY TO EACH OF US.
AND MAKE ME WARY THAT THERE ARE
TOO MANY BUSINESSES THAT HAVE
NOT LEARNED THEIR LESSON AND
THAT SELF REGULATION CAN NO
LONGER BE THE MODEL.
IN FACT EVEN FACEBOOK HAS
ACKNOWLEDGED.
THAT A IT'S TIME FOR US TO
REGULATE THEM MORE THOROUGHLY
THAT THEY ARE NEEDING THAT
REGULATION AND ACTUALLY ASKING
FOR IT.
CLAIMS THE REGULATION OF DATA
COLLECTION AND ENFORCEMENT OF
SUCH LAWS WILL STIFLE INNOVATION
ARE TRULY TIRESOME AND GIVEN THE
FACT THAT THE INDUSTRY'S
THEMSELVES ARE SAYING THEY NEED
MORE DIRECTION I E. REGULATION.
WE MUST PROCEED.
AND MY RESPONSE IS WE WANT TO
INNOVATE NOT VIOLATE.
IT IS THE ROLE OF GOVERNMENT TO
ASSURE THE PROFIT DOES NOT COME
AT THE EXPENSE OF THE VALUES AND
PRIORITIES OF THE PEOPLE WE
REPRESENT.
THE STATUS QUO IS LARGE COMPANY
SYSTEMATICALLY COLLECTING
CONSUMER DATA WITHOUT ADEQUATE
DISCLOSURE OR CONSENT.
HE PRIVACY IS INCOMPATIBLE WITH
YOUR BUSINESS MODEL THEN IT IS
TIME TO INNOVATE AND IF YOU
PARTICIPATED.
IN THE HE INTO INFORMATION
HEARING THAT WE HAD JUST A FEW
WEEKS AGO WE HAD PEOPLE COME
FORWARD WHO FOR WHOM PRIOR --
PRIVACY IS OUR TOP PRIORITY AND
HOW THEY HAVE BEEN ABLE TO
INNOVATE AND CREATE OPERATE.
COMPANIES THAT PROMISE PRIVACY
AND THAT THEIR COMPANIES ARE
FLOURISHING.
IT IS POSSIBLE IT IS DOABLE AND
WITH CONSTITUTIONAL A
CONSTITUTIONAL RIGHT IT IS
MANDATORY THAT WE PROCEED TO
PROTECT OUR PRIVACY RIGHT.
AND WHILE ADVANCES IN TECHNOLOGY
SHOULD BE FOSTERED AS THEY BRING
GREAT BENEFIT TO SOCIETY THERE'S
NO ARGUMENT THERE.
SOMETIMES IT IS THE GOVERNMENT
THAT NEEDS TO STEP IN AND ENSURE
THAT THE VALUES OF THE PEOPLE
ARE ACCOUNTED FOR AS WE DO
PROGRESS.
I BELIEVE THE CHANGES MADE TO
THE CCPA BY THIS BILL ARE
CHANGES ONLY TO THE USUAL OF
ENFORCEMENT AND DO NOT AFFECT
THE LAW AS IT IS CURRENTLY
CONSTITUTED.
AND I THINK THAT'S IMPORTANT I
DON'T PARTICULARLY AGREE WITH
ALL OF THE PROVISIONS WITH IN
THE C. C. PA.
BUT THAT WAS SOMETHING THAT WAS --
AGREED -- TO BUT IT'S NOT
ENFORCEABLE.
IN ITS CURRENT FORM.
AND SO I'M OPEN TO AND I KNOW
THERE HAVE BEEN CONVERSATIONS
THAT HAVE BEEN TAKING PLACE BUT
I WILL TELL YOU.
THAT THERE ARE BETWEEN EIGHTEEN
AND TWENTY FIVE OR MORE BILLS
CURRENTLY IN THIS LEGISLATURE TO
TRY TO CHANGE THE IMPLEMENTATION
EXCUSE ME CHANGE THE SUBSTANCE.
OF THE CCPA THIS BILL IS ONLY
TRYING TO ASSURE THAT WE CAN
ENFORCE.
THAT MEASURE.
AND WITH THAT I WOULD LIKE -- TO
INVITE THE ATTORNEY GENERAL'S
OFFICE -- TO TO SPEAK TO THE
SUBSTANCE OF THE BILL AND I
BELIEVE THAT THE CHANGES WE MAKE
TO THIS BILL WILL SIMPLY ALLOW
CALIFORNIANS TO TAKE BACK
CONTROL OF OUR PRIVACY.
AND UNTIE THE HANDS OF THE
ATTORNEY GENERAL IN MAKING THESE
LIGHTS GLORIA.
EXCUSE ME THESE RIGHTS REAL AND
WITH THAT -- I WOULD ASK FOR
YOUR VOTE.
HI IF YOU COULD INTRODUCE
YOURSELF -- IN PLEASE THE LIMIT
YOUR COMMENTS TO TWO MINUTES AND
WE'LL HAVE -- TO ADVOCACY
SPEAKERS ON THE SUBJECT.
OKAY QUICKLY -- MY NAME IS
ANTHONY LEAD ON WITH THE
ATTORNEY GENERAL'S OFFICE AM WE
APPRECIATIVE TO SENATE JACKSON
FOR DEMONSTRATING LEADERSHIP.
AND PRIVACY ISSUES ON OUR SHARED
COMMITMENT.
IN PROTECTING CONSUMER PRIVACY
IN THE GOALS OF THE CCPA.
WHILE THE CCPA PROVIDES A
GROUNDBREAKING PROTECTIONS FOR
CONSUMERS THAT ALSO IMPOSES
SERIOUS WORK ABILITY.
AN OPERATIONAL CHALLENGES ON THE
AG'S OFFICE.
THESE CHALLENGES MAKE IT
DIFFICULT FOR US TO CARRY OUT.
OUR OVERSIGHT ENFORCEMENT DUTIES
UNDER THE CCP A THREE PLEASE A
SPONSOR THIS BILL WHICH WILL
ADDRESS THESE WORKABILITY IN
OPERATION CONCERNS. FOR THE
ATTORNEY GENERAL'S OFFICE AND
LIKE.
TO NOTE THAT STACY SENSOR FROM
OUR OFFICE IS HERE TO ANSWER ANY
QUESTIONS AND TECHNICAL.
QUESTIONS YOU MIGHT HAVE ABOUT
THE BILL THANK YOU [inaudible]
THANK YOU.
JERRY MEMBERS MIKE MATICA
CONSUMER WATCHDOG ACCOUNTS FOR
CONSUMER WATCHDOG AND THE VICE
PRESIDENT NATIONAL GUARD
ASSOCIATION JUST WANNA MAKE
THREE QUICK POINTS IN SUPPORT.
OF THE SB FIVE SIX ONE AND THE
ATTORNEY GENERAL -- FIRST THE
CONSUMERS RIGHT TO SUE IT TO
RECOVER DAMAGES -- FOR AN AN
AUTHORIZED BREACH.
AND AND WHERE THE BUSINESS
FAILED. TO TAKE REASONABLE STEPS
TO PROTECT THAT THAT'S THE FIRST
ONE THE RIGHT TO SUE SECOND.
THIS BILL CLOSES A LOOPHOLE THAT
ALLOWED BUSINESS TO DELAY
ACCOUNTABILITY THAT'S THAT.
THIRTY DAY CARE PREVENTION.
AND THIRD THIS BILL AUTHORIZES
THE ATTORNEY GENERAL TO ISSUE
FOR PUBLISHED GENERAL GUIDANCE
AND GUIDELINES FOR COMPLIANCE
WITH THE C. CPA.
JUST LIKE OTHER REGULATORY
ENTITIES -- THIS LIKE THE
DEPARTMENT OF TRANSPORTATION THE
INSURANCE COMMISSIONER GOD
FORBID THE IRS.
AND SO WE ASK YOU TO JUST
SUPPORT THIS -- SUPPORT THE
ATTORNEY GENERAL AND VOTE ON
THIS MEASURE THANK YOU VERY MUCH
[inaudible]
THANK YOU.
WITH THAT -- THIS TO BE
OPPORTUNITY -- FOR INDIVIDUALS
MEMBERS OF THE PUBLIC -- TO COME
FORWARD TO THE MICROPHONE -- FOR
THOSE WHO ARE IN SUPPORT IF YOU
COULD PLEASE -- LET US KNOW YOUR
AFFILIATION STATE YOUR NAME.
HELLO I'M NANCY TRAVEL CEO OF
CONSUMER ATTORNEYS OF CALIFORNIA
AND WE VERY MUCH SUPPORT THE
AUTHOR IN THE ATTORNEY GENERAL
AND WANTING TO MOVE FORWARD AND
WORK ON THIS BILL. TO STRENGTHEN
THE PRIVACY LEGISLATION I'M SURE
THERE WILL BE AMPLE OPPORTUNITY
TO DISCUSS.
THE DETAILS OF IT AS IT MOVES
ALONG BUT WE DO THINK IT'S VERY
IMPORTANT FOR CONSUMERS TO BE
ABLE.
PARTICULARLY FOR IMPORTANT
VIOLATIONS TO BE ABLE TO ENFORCE
THEIR OWN RIGHTS THANK YOU.
SAMANTHA CORBIN ON BEHALF OF THE
CALIFORNIA LOW INCOME CONSUMERS
COALITION IN SUPPORT.
IN ADDITION I'M THE POINT OF
CONTACT FOR COALITION OF
FOURTEEN PRIVACY ORGANIZATIONS
INCLUDING THE AFFECT THE ACLU
AND PRIVACY RIGHTS CLEARING
HOUSE WHO ARE COMMITTED TO BOTH
PRESERVING AND STRENGTHENING.
OUR THREE SEVEN FIVE AS IT WAS
WRITTEN LAST YEAR UNFORTUNATELY
AS MANY OF YOU ARE FAMILIAR WITH
OUR INITIATIVE PROCESS AT THIS
TIME IS FAIRLY EXTORT OF AND SO
WHAT WE DO CONSIDER. THREE SEVEN
FIVE A STEP IN THE RIGHT
DIRECTION -- WE DO SUPPORT THIS
EFFORT TO ENSURE CONSUMERS CAN
PROTECT THE RIGHTS WILL BE
CLOSELY WATCHING OTHER BILLS IN
THIS AREA SO WE ENCOURAGE OUR I
DON'T THINK.
SURE MEMBERS KEVIN BACON
AMERICAN CIVIL LIBERTIES UNION
OF CALIFORNIA WE DO NOT HAVE A
POSITION ON THIS BILL WE
ACTUALLY THINK IT SHOULD BE
STRONGER -- AND YET -- I WANTED
TO INFORM YOU THAT WE'VE
RECENTLY DONE SOME POLLING THAT
YOU MAY HAVE HEARD ABOUT ON THIS
ISSUE -- AND FOUND THAT ACROSS
THE BOARD UP AND DOWN THE STATE
WHETHER IT'S URBAN ANDRURAL
WOMEN PEOPLE OF COLOR -- ORANGE
COUNTY GREAT AT CENTRAL VALLEY --
URBAN AREAS -- WE'VE GOT 94%
SUPPORT FOR THE VERY QUESTION
PRESENTED BY THIS BILL WHICH IS
SHOULD CONSUMERS HAVE THE RIGHT
TO ENFORCE ON PRIVACY VIOLATIONS
THAT OCCUR TO THEM PERSONALLY --
SO WHAT IS YOUR THAT INFORMATION
WILL BE CONTINUING TO MONITOR
THIS BILL -- BUT WE ARE
SUPPORTIVE OF THE CONCEPT OF
ALLOWING CONSUMERS -- TO TO
ENFORCE THE MOST PERSONAL OF
RIGHTS THANK YOU.
DANIEL GOOD TEARS ON BEHALF OF
THE CONSUMER FEDERATION OF
CALIFORNIA IN SUPPORT.
MAUREEN MAHONEY ON BEHALF OF
CONSUMER REPORTS AND THE MORE
THAN TWO HUNDRED THOUSAND
CALIFORNIA CONSUMERS THAT WE
REPRESENT WE STRONGLY SUPPORT
THIS BILL.
THE CALIFORNIA CONSUMER PRIVACY
ACT ESTABLISHED IMPORTANT
PRIVACY PROVISIONS -- BUT WE
TOOK A SUPPORT OF AMENDED
POSITION ON THE LEGISLATION IN
LARGE PART BECAUSE IT'S WEAK
ENFORCEMENT PROVISIONS.
MEANINGFUL ENFORCEMENT IS
ESSENTIAL TO ENSURE THE
COMPANY'S COMPLY WITH THE LAW
THIS BILL WOULD ENSURE CONSUMER
PROTECTIONS AT A TIME WHEN
PRIVACY.
IS MOST UNDER THREAT AND WE
THANK YOU FOR YOUR SUPPORT THANK
YOU ANY OTHER MEMBERS THE PUBLIC
OR INDIVIDUALS REPRESENTING
ORGANIZATIONS -- WHICH TO MAKE A
STATEMENT.
ADVOCATING FOR THIS LEGISLATION.
SEEING NONE -- THIS TO BE THE
OPPORTUNITY -- FOR TWO WITNESSES
IN OPPOSITION IF WE COULD --
MAKE -- AT LEAST ONE OF THE
SEATS AVAILABLE.
THANK YOU SIR APPRECIATE IT.
AND IF YOU COULD -- PLEASE KEEP
YOUR COMMENTS TO TWO MINUTES
INTRODUCED YOURSELF AND YOUR
AFFILIATION [inaudible]
THANK YOU.
THANK YOU GOOD AFTERNOON MISTER
CHAIR AND MEMBERS SERIBU WITH
CAL CHAMBER TESTIFYING IN
OPPOSITION.
THERE'S NO DOUBT THE CCPA WILL
BE A CHALLENGING Là TO
IMPLEMENT BOTH FOR THE AG AND
FOR BUSINESS BUSINESSES WILL
SPEND A FORTUNE TO COMPLY WITH
THESE NEW RIGHTS AND WE'RE
DEALING WITH A MOVING TARGET.
COMPLIANCE STARTS JANUARY FIRST
OF NEXT YEAR BUT REGULATIONS
WILL NOT LIKELY BE FINISHED
UNTIL SOMETIME AFTER THAT AND
THEN BUSINESSES REALLY DON'T
HAVE A REALISTIC TIME FRAME TO
COMPLY.
THERE AFTER.
PLUS THE CCPA NEED STATUTORY
CLARIFICATIONS AND SOME
AMENDMENTS TO ADDRESS UNINTENDED
CONSEQUENCES AND WE'VE BEEN
WORKING HARD TO PUT FORTH
REASONABLE PROPOSALS THAT WILL
NOT ROLL BACK ANY OF THE RIGHTS
THAT EVERYBODY AGREED.
TO AND THAT'S KEY.
AND NOW HERE WITH SB FIVE SIXTY
ONE SLOT THIS BILL WOULD ROLL
BACK THE MOST CRITICAL AGREEMENT
LEADING TO THE C. CPA THIS
COMPLEX NEW LAW WOULD BE
ENFORCED BY A REGULATOR.
LIKE ITS EUROPEAN COUNTERPART
THE GPR.
INSTEAD SB FIVE SIXTY ONE WOULD
ALLOW THOUSANDS OF TRIAL
ATTORNEYS TEST BUSINESSES
ABILITY TO PERFECTLY COMPLY WITH
THE COMPLEXITIES OF THIS NEW LAW.
THIS WILL BE STRICT LIABILITY
WITH NO PROOF OF INJURY EVEN FOR
REASONABLE DIFFERENCES IN
INTERPRETATION OF A LAW THAT CAN
BE VAGUE AND AMBIGUOUS.
PRIVACY EXPERTS DISAGREE OVER
CERTAIN PROVISIONS IN THIS LINE
ALLOWING A FLOOD OF CLASS ACTION
LITIGATION ON TECHNICAL
VIOLATIONS IS NOT THE WAY TO GET
CLARITY OR COMPLIANCE IS A
SIGNIFICANT UNFAIR BURDEN ON
BUSINESSES.
OUT ALSO NOTE THE CCPA ALREADY
PROVIDES AN AGGRESSIVE PRIVATE
RIGHT OF ACTION -- FOR BUT THE
THE DATA SECURITY PROVISIONS OF
THE LAW SO WHAT WE'RE TALKING
ABOUT HERE TODAY ARE THE PRIVACY
PROVISIONS OF THIS LAW AND YOU
HAVE TO REMEMBER.
THE CCPA APPLIES TO BUSINESSES
OF ALL SIZES ACROSS EVERY
INDUSTRY IT'S GOING TO APPLY TO
SMALL BUSINESSES LIKE CAFES
PIZZERIAS THEY HAVE HIGH TRAFFIC.
THE THEY USE CREDIT CARDS.
ARE PEOPLE LIKE TO ORDER ONLINE
SO THEY'RE GONNA HIT THIS
THRESHOLD SB FIVE SIXTY ONE ALSO
RULES BACK BUSINESSES RIGHT TO
SEEK GUIDANCE IT ROLLS BACK
THERE RIGHT. TO CURE IT IN CASE
OUR GOOD FAITH EFFORTS TO COMPLY
WITH THE MANY NUANCES OF THE
CCPA FALL SHORT AND BY THE WAY.
BUSINESS OWNERS ARE NOT
CRIMINALS LOOKING FOR A GET OUT
OF JAIL FREE CARD THEY'RE DECENT
PEOPLE WHO ARE GOING TO BE
GENUINELY OVERWHELMED BY THE
COMPLEXITY AND THE MAGNITUDE OF
THE CZ PA.
IN EUROPE DATA REGULATORS OFFER
GUIDANCE THEY CONDUCT AUDITS THE
ISSUE WARNINGS IN THE ISSUE
FINES THEIR FOCUS IS ON
COMPLIANCE AND THAT SHOULD BE
THE CASE HERE ESPECIALLY SINCE
THAT WAS ALREADY AGREED.
TO MEMBERS WE RESPECTFULLY ASK
YOUR NO VOTE THANK YOU
[inaudible]
THANK YOU.
THANK YOU MY NAME IS DOMINIQUE
SHELTON LEIPZIG AND I AM APARTNER PERKINS COOLEY I AM ONE
OF THE LEADERS OF OUR FIRM'S.
GLOBAL PRIVACY AND DATA SECURITY
PRACTICE.
AND I TRAIN MORE THAN FIFTEEN
HUNDRED BUSINESS EXECUTIVES ON
THE C. CPA.
BUSINESSES WANT TO COMPLY THEIR
INCONSISTENCIES IN THE STATUTE
HOWEVER THAT CREATE CHALLENGES
FOR BUSINESSES THAT LEGISLATORS
MAY NEVER HAVE INTENDED AND
SHOULD NOT EXPOSE THEM TO
RUINOUS CLASS ACTIONS. TO
CRYSTALLIZE THIS POINT THERE
THESE ARE JUST TWO EXAMPLES
RELATING TO THE C. C. P.'S
INCLUSION OF HOUSEHOLDS IN THE
DEFINITION OF PERSONAL
INFORMATION -- LIVING
ARRANGEMENTS LOW INCOME
CALIFORNIANS ARE INCREASINGLY
ENTERING INTO CO LIVING
ARRANGEMENTS DUE TO A LACK OF
AFFORDABLE HOUSING.
WEDNESDAY REMADE REQUEST ACCESS
TO PERSONAL INFORMATION SHOULD
THE BUSINESS PRODUCED THE ENTIRE
HOUSEHOLD INFORMATION.
LET'S TALK ABOUT DOMESTIC
VIOLENCE.
AS A PAST PRESIDENT OF WOMEN
LAWYERS ASSOCIATION OF LOS
ANGELES WHICH HAS THE DOMESTIC
VIOLENCE PROJECT.
I PARTICULARLY SENSITIVE TO THIS
POINT.
IN IF AN ABUSER A SUSPECT THE
SPOUSAL FLEET TO A SAFE SPACE I
REQUEST ACCESS TO THE HOUSEHOLD
INTERNET SEARCHES.
SHOULD THE BUSINESS PROVIDE THIS.
THESE ARE THE TYPES OF
CHALLENGES THAT MANY BUSINESSES
ARE FACING RIGHT NOW THERE ARE
MYRIAD OTHER EXAMPLES OF
INCONSISTENT PROVISIONS WITHIN
THE STATUTE.
AN AMBIGUOUS PROVISIONS THAT
NEED TO BE WORKED THROUGH.
AMBIGUOUS PROVISIONS WITH
INCREASED PENALTIES OF AND
LITIGATION REST WILL NOT HELP
CONSUMERS OR BUSINESSES AS THEY
GRAPPLE WITH HOW TO DEAL WITH
THE COMPLAINTS OF CULTURE THAT
WE'VE TRYING TO CREATE.
LET'S FOLLOW THE E. U.'S LEAD.
E. YOU REGULATORS HAVE ISSUED
WARNINGS GUIDANCE AND CONDUCTED
AUDIT.
NOT OPEN THE DOOR TO RUINOUS
CLASS ACTIONS TO BUSINESS.
AS ESPECIALLY AS BUSINESSES ARE
LEGITIMATELY ATTEMPTING TO
NAVIGATE THROUGH THESE TOUGH-ISSUES.
A COMPLIANCE CULTURE LIKE THE
ONE IN THE E. U..
IS NEEDED HERE IN CALIFORNIA TO
GIVE US TIME TO ADDRESS
UNINTENDED CONSEQUENCES LIKE THE
ONES I OUTLINED.
WE HAVE AN OPPORTUNITY TO GET
THE CCPA RIGHT THIS TIME.
LET'S BUILD A CULTURE OF
COLLABORATION BETWEEN BUSINESS
REGULATORS LEGISLATORS AND
CONSUMERS.
NOT MAKE THIS AN US VERSUS THEM
SITUATION THANK YOU VERY MUCH.
OR THIS OPPORTUNITY -- FOR
WITNESSES IN OPPOSITION --
INDIVIDUALS MEMBERS THE PUBLIC
THOSE REPRESENTING ORGANIZATIONS
IF YOU COULD PLEASE -- WELL
LOOKS LIKE WE HAVE A FEW.
IF YOU COULD PLEASE -- APPROACH
THE MICROPHONE AN ORDERLY
FASHION STATE YOUR NAME AND
AFFILIATION.
TIM LYNCH ON BEHALF OF THE
ENTERTAINMENT SOFTWARE
ASSOCIATION THE VIDEO GAME
INDUSTRY WERE OPPOSED.
GOOD AFTERNOON JOE INVEST IN
COURT REPRESENTING THE
SECURITIES INDUSTRY ASSOCIATION
AND THE INVESTMENT COMPANY
INSTITUTE IN OPPOSITION THANK
YOU.
TURN MEMBERS MICHAEL OUT FOR THE
CALIFORNIA NEW CAR DEALERS
ASSOCIATION OF THE CIVIL JUSTICE
ASSOCIATION CALIFORNIA OPPOSE
THANK.
BEN HAVING COME AFTER THE
NATIONAL PAYROLL REPORTING
CONSORTIUM IN OPPOSITION.
BERNIE OROZCO THE CALIFORNIA
CALIFORNIA CABLE SO SHE SHOULD
OPPOSED.
PARDEE JENSEN ON BEHALF OF
TECHNION IN A IN OPPOSITION.
THIRTY MORE ON BEHALF OF THE
ADVANCED MEDICAL TECHNOLOGY
ASSOCIATION AT THE CALIFORNIA
FEELS INCONVENIENCE ALLIANCE AND
THE CONSUMER TECHNOLOGY STATION
ASSOCIATION ON OPPOSITION.
I GET AFTERNOON LARISSA CESARIS
HERE ON BEHALF OF THE TôI
ASSOCIATION OPPOSITION THE
MARGARET CLASS NUMBER OF
CALIFORNIA RETAILERS ASSOCIATION
OPPOSITION.
MADAM CHAIR CHRISTMANN KAYLEE ON
BEHALF OF COUNTY THE COMPUTING
TECHNOLOGY INDUSTRY ASSOCIATION
IN OPPOSITION.
MARIA SPUR ON BEHALF OF THE
CALIFORNIA HOSPITAL ASSOCIATION
ALSO IN OPPOSITION.
KEVIN KELLY ON BEHALF OF
INTERNET ASSOCIATION.
IN OPPOSITION.
MIDDLE MANAGEMENT OF GOVERNMENT
AFFAIRS FOR SAN DIEGO GAS
ELECTRIC AND GAS COMPANY IN
OPPOSITION.
JIMMY WOULD ON BEHALF OF THE
CALIFORNIA NEWS PUBLISHERS
ASSOCIATION IN OPPOSITION.
PAT CHOICE ON BEHALF OF THE
INTERACTIVE ADVERTISING BUREAU
IN OPPOSITION THANK YOU.
SHARE MEMBERS COMMINGLED
CALIFORNIA BANKERS ASSOCIATION
AND OPPOSITION.
RAINY POLLOCK AND THEY HAVE THE
CONSUMER DATA INDUSTRY
ASSOCIATION OPPOSITION.
KATIE HANSON WITH THE CALIFORNIA
RESTAURANT ASSOCIATION IN
OPPOSITION.
CARLSON PERCY TA THE WIRELESS
INDUSTRY AND THE ASSOCIATION OF
NATIONAL ADVERTISERS IN
OPPOSITION.
PATTERNS ON BEHALF OF THE
CALIFORNIA MORTGAGE BANKERS
ASSOCIATION IN OPPOSITION.
YOU ON DEPENDS ON BEHALF OF THE
CALIFORNIA COMMUNICATIONS
ASSOCIATION IN OPPOSITION.
LESS SHEPHERD REPRESENTING THE
NIGHT AT THE NONPROFIT ALLIANCE
IN OPPOSITION.
THANK YOU ANY OTHER MEMBER THE
PUBLIC OR INDIVIDUALS WISHING TO
SPEAK.
IN OPPOSITION [inaudible]
SEEING NONE.
I'M GONNA BRING BACK -- OVER TO
THE THE DAIS -- SYNDROME BURDEN.
THANK YOU IT WHICH TO SPEAK SIR
THANK THANK YOU MISTER --
BENJAMIN FIRST ALL THANK YOU FOR
YOUR FLEXIBILITY YOU AND I'VE
HAD THE OPPORTUNITY TO WORK
TOGETHER ON THIS I THINK THAT
THERE'S A CONSENSUS THAT.
OF WHATEVER WAS DONE NEXT YEAR
THERE LAST YEAR RATHER IT WASN'T
COMPLETED NEEDS TO BE.
SOME FIXES IF YOU WILL -- A
COUPLE OF CONCERNS -- ONE IS
WITH RESPECT TO THE CURE THAT'S
PROVIDED BEFORE SOMEONE CAN
EXERCISE THEIR PRIVATE RIGHT OF
ACTION.
CONCERN IS IS THAT THAT'S NOT
DEFINED WHAT WHAT DOES THE CURE
MEAN WHAT.
STANDARD DOES SOMEONE NEED TO
MEET. TO ACTUALLY ACHIEVE THE
CURE ARE.
AS IT WERE MY CONCERN IS THAT
THIS IS GOING TO BE A MORASS IS
GONNA BE.
A DONNYBROOK IN TERMS OF OF
LITIGATION IN THAT DEFINITION SO
THAT'S ITEM ONE AND THEN ITEM TO
WE COULD TALK ABOUT.
AN OVERALL AT THE THE LARGER
POINT OVERALL ENFORCEMENT
MECHANISM.
WELL PART OF WHAT THE BILL DOES
IS IT TAKES AWAY.
THE RIGHT TO CURE A FEW WILL
BECAUSE OF THAT DOES CREATE SOME
CHALLENGES -- OR AT LEAST IT
TAKES AWAY FROM THE ATTORNEY
GENERAL HAVING.
TO GIVE LEGAL ADVICE AND THEN
GIVE THEM THIRTY DAYS RIGHT TO
CARE AND THEN TO SUE THEM I MEAN
IT'S KIND OF LIKE.
BEING C MADE AND BOTTLE
WASHER ALL THE SAME AND THAT
WON'T WORK -- LET ME ADD A
DEFERRED TO THE ATTORNEY
GENERAL'S OFFICE AS TO HOW THEY
UNDERSTAND WHAT CURE MEANS BUT
WE'RE WE'RE TRYING TO GET RID OF
THAT CONCEPT BECAUSE MEMBER IN.
THAT THE ATTORNEY GENERAL IS
CREATING THE REGULATIONS OF THIS
NOTION THAT THIS IS THE WILD
WEST THEN THERE'S NOT GONNA BE.
ANY DEFINITIONS ANY RULES IS
JUST NOT ACCURATE THERE IS IN
FACT IN THE ATTORNEY GENERAL
THINGS ALREADY KILLED SEVEN OR
EIGHT DIFFERENT HEARINGS
THROUGHOUT THE STATE. TO TRY TO
GIVE GUIDANCE THROUGH THE
REGULATORY HE IS THE REGULATOR
HE IS.
OR BEEN TASKED TO BE THE
REGULATOR AND SO HE HAS -- IS IN
THE PROCESS OF CREATING THE
REGULATIONS AS THE GUIDES FOR
WHAT -- BUSINESSES WHAT THESE
COMPANIES ARE SUPPOSED TO DO TO
COMPLY WITH THE CCPA SO THAT'S
AGAIN THAT'S THE JOB THAT HE HAS.
BEEN TASKED WITH THAT IS AN
APPROPRIATE JOB THAT HE IS IN
THE PROCESS NOW OF COMPLETING.
SO THERE WILL BE GUIDANCE IN TH
END IT WILL BE THE ATTORNEY
GENERAL BASED UPON THE SHE
SHOULD BE A WHO WILL DEVELOP
THOSE.
GUIDELINES -- AS FAR AS THE
RIGHT TO CURE -- I AM.
NOT FAMILIAR WITH ANY -- OF
THOSE DISCUSSIONS BECAUSE WE WE
AGREE THAT IT'S DID THAT IT'S
JUST GOING TO CREATE -- FAR TOO
MUCH CONFUSION AND THEN.
IF A LAWSUIT IS FILED THE
COMPANIES A COMMITTEE WHERE WE
COMPLIED WITH YOUR RIGHT TO CURE
I MEAN WE'RE GOING TO END UP.
BANGING OUR HEADS AGAINST THE
SAME WALL OVER AND OVER AGAIN
SECURE IT TO TAKING AWAY THAT
QUOTE UNQUOTE RIGHT TO CURE
AFTER THE REGULATIONS HAVE BEEN
ISSUED JUSTICE.
IS JUST NOT A REALISTIC APPROACH
THERE WILL BE REGULATIONS OF
PEOPLE WILL BE THE COMPANIES
WILL BE EXPECTED TO TO FOLLOW
AND I ANTICIPATE THAT THEY'LL BE
FAIRLY CLEAR AND IF THERE ARE
ANY PROBLEMS.
BE FURTHER DISCUSSION TO TRY.
TO CREATE A SYSTEM THAT WILL
GIVE THE APPROPRIATE GUIDANCE TO
THESE COMPANIES BUT RIGHT NOW
THERE IS A RIGHT TO CURE.
AND SO THE THE QUESTION WOULD BE
HOW IS THAT TO FIND IF IF YOU'RE.
THE JUDGE HOW DOES ONE DECIDE
WHETHER OR NOT THERE'S BEEN
ADEQUATE COMPLIANCE THERE
DOESN'T APPEAR TO BE A STANDARD --
WHETHER IT'S SUBSTANTIAL
COMPLIANCE WHETHER IT IT IS YOU
KNOW ABSOLUTE.
THAT THAT'S PART OF THE PROBLEM
WITH THE CURRENT STATE OF THE
BILL BUT I'LL DEFER TO THE
ATTORNEY GENERAL'S OFFICE.
GOOD AFTERNOON I'M STACY
SCHEFFLER I'M THE SUPERVISING
DEPUTY ATTORNEY GENERAL FOR THE
PRIVACY UNIT AT THE AG'S OFFICE.
SO LET ME JUST BE CLEAR AND JUST
DISCUSS THE RIGHT TO CARE BUT
THERE'S A RIGHT TO CARE
PROVISION -- REGARDING THE AG'S
ENFORCEMENT AND FIVE SIXTY ONE
SEEKS TO DELETE THAT LANGUAGE SO
THAT THE AG THAT ASIDE I PUTTING
THAT ASIDE.
GREAT OKAY SO THERE'S AN
EXISTING RIGHT TO CURE LANGUAGE
AS IT PERTAINS TO THE CIVIL
ACTION THAT CAN BE PRIDE AS A
PRIVATE RIGHT OF ACTION -- AND
THAT SECTION IS IN SECTION OF
SEVENTEEN NINETY EIGHT POINT ONE
FIVE OO.
THAT LANGUAGES ORIGINALLY IN AB
THREE SEVENTY FIVE AND IT SAID
THAT -- BEFORE A A CIVIL ACTION
CAN PROCEED A CONSUMER NEEDS TO
PROVIDE FOR THIRTY DAYS FOR THE
BUSINESS TO BE ABLE TO KEEP YOUR
BEFORE THEY CAN PROCEED WITH
THEIR THEIR ACTION THEY HAVE TO
PROVIDE NOTICE AN OPPORTUNITY
CARE.
THERE ARE OTHER STATUTORY
PROVISIONS THAT ALREADY PROVIDE
FOR THIS TYPE OF OF CURATIVE
PROCEDURE TO TO GO FORWARD FOR
EXAMPLE THE CONSUMER LEGAL
REMEDIES ACT WHICH IS ALSO IN
THE CIVIL CODE.
PROVIDES.
FOR A RIGHT TO CURE BEFORE ABOUT
CONSUMER PROCEEDS WITH AN ACTION --
REGARDING DAMAGES DAMAGED GOODS
OR SERVICES SO IT REQUIRES
THIRTY DAYS PRIOR TO FILING A
CIVIL CIVIL ACTION FOR DAMAGES A
CONSUMER MUST NOTIFY OF AN
ALLEGED VIOLATION AND PROVIDE
AND DEMAND THAT THERE BE A
CORRECTION AND REPAIR
REPLACEMENT OR OTHER REMEDY AND
THAT'S THAT'S CONTAINED IN THE
LANGUAGE REGARDING.
THE CONSUMER LEGAL REMEDIES ACT
THERE'S ALSO A CURATIVE
PROVISION IN THIS FINAL LIGHT
LOSS OF A COULD SEVENTEEN NINETY
EIGHT POINT.
EIGHTY FOUR IF A BUSINESS
PROVIDES INCOMPLETE OR
INACCURATE INFORMATION OR DOES
NOT PROVIDE TIMELY INFORMATION --
THEY HAVE NAY THEY HAVE NINETY
DAYS IN ORDER -- TO TO CURE THAT
ARE PROVIDE INFORMATION THAT
THEY HAVE FAILED TO PROVIDE OR
TAX OR PROVIDED WITHIN THE TIME
GOING FORWARD.
THERE ARE OTHER PROVISIONS THAT --
WITHIN THE CIVIL CODE --
REGARDING A RIGHT TO CARE FOR
EXAMPLE.
CIVIL CODE SECTION FIFTY FIVE
POINT FIFTY SIX ENUMERATE THAT
TECHNICAL VIOLATIONS OF THE ADA
FOR EXAMPLE THAT BEFORE A SMALL
BUSINESS -- CAN.
BE SUED FOR A VIOLATION OF THE
ADA FOR TECHNICAL VIOLATIONS
THEY HAVE TO HAVE THE
OPPORTUNITY TO CORRECT WITHIN
FIFTEEN DAYS SO THERE AND
THERE'S OTHER EXAMPLES TO HAPPY
TO DISCUSS FURTHER.
ILLUSTRATE MY POINT MY POINT IS
IS THAT THERE'S AN ISSUE HERE
YOU SAID THAT THERE'S AT LEAST
THREE DEFINITIONS FOR CURE.
AND SO FOR BUSINESS TO MEET
WHATEVER STANDARD THAT EMBODY
HERE AND I GET IT IT WAS THE
BILL THAT WAS PASSED LAST YEAR.
I WAS IN HERE BUT FOR SOMEONE TO
BE ABLE TO COMPLY IN THE CURE
THEY NEED TO KNOW WHAT THE
STANDARD MIGHT BE.
AND THEY NEED TO KNOW.
YOU KNOW IT IN ESSENCE HOW MUCH
TIME AND I I THINK I GOT THE
THIRTY DAYS IN HERE.
BUT WHAT DOES THAT WHAT DOES
THAT MEAN IN TERMS OF WHAT THEY
NEED TO DO SO I I WOULD.
SUGGEST THAT THE THAT THERE
NEEDS TO BE AT THE VERY LEAST.
A FURTHER DEFINITION OF CURE ANY
STANDARD THAT THE JUDGE CAN
EMPLOY.
SO WHEN WHEN SHE LOOKS AT THIS
SHE CAN SAY YES THEY HAVE MET.
SUBSTANTIALLY.
AND I THINK SENATOR AND
APPRECIATED REFERRING TO THE
JUDGES SHE I DID CATCH THAT --
DAY WHEN THEY WHEN THEY ARE AYE
ONE IS FINE -- BUT I THINK ONCE
WE GET THE REGULATIONS.
WILL BE ABLE THEN TO PUT THE TO
DEFINE RIGHT TO CURE BECAUSE
RIGHT NOW WE DON'T EVEN IF
REGULATIONS AS TO WHAT THEY NEED
TO DO IN ORDER TO BE COMPLYING
BUT I DO AGREE I THINK THAT'S AN
IMPORTANT POINT.
THAT WE NEED TO MAKE SURE THAT
THAT.
THAT THAT WILL IN FACT.
BE CLEAR ENOUGH BECAUSE IF THE
IF THERE IS FOUNDER PRIVATE
RIGHT OF ACTION RIGHT TO CURE --
IT IT HAS TO HAVE SOME
PARAMETERS TO IT RIGHT NOW THERE
AREN'T ANY PARAMETERS BECAUSE OF
THE THE AG IS STUCK CHILLS
PUTTING THESE REGULATIONS
TOGETHER.
SO PUTTING THAT ASIDE OF PERHAPS
WE COULD HAVE OUR ANOTHER MEMBER
THE AG'S OFFICE HAVE A SENATOR --
I THINK THE THE DIFFERENT
EXAMPLES OF READY CARE WHERE
THEY EXIST IN THE LAW WE
RESEARCH THEM AND JUST TO SEE
THE RANGE.
OF HOW THIS ISSUES APPROACHED IN
VARIOUS PLACES REPAIRS ON THE
LINE NOW.
AND AND IT PROVIDES A BASIS FOR
DISCUSSING IN FINE TUNING THIS
FURTHER I THINK WHAT WE SEE IS
FOR EXAMPLE IN.
SEVENTEEN EIGHTY TWO THE RECORD
SEVENTEEN EIGHTY TWO YOU HAVE AN
APPROACH WHERE THEY DEFINED HERE
AS AN APPROPRIATE CORRECTION
REPAIR REPLACEMENT OR OTHER
REMEDY.
THEY TRY TO DEFINE AND WORD FROM
THAT THE IN IN IN A DIFFERENT
SECTION -- FOR EXAMPLE IN THE
LABOR CODE -- THEY TAKEN
APPROACH OF PROCEDURAL A
PROCEDURAL APPROACH THAT WILL IN
TO ME IT SEEMS LIKE [inaudible]
THE COULD.
WORD SMITH MAYBE WE DIRECTLY
WHAT CURE MEANS CURE MEANS ONE
THING TO ANOTHER PERSON BUT BY
CREATING GREATER DUE PROCESS
AROUND THIS PROCEDURE WHERE IF
YOU.
HAVE A DISPUTE OVER WHETHER
SOMETHING IS CURATOR NOT FRIED
YOU ADDITIONAL PROCEDURES.
AND DUE PROCESS INTO GETTING TO
A RESOLUTION THERE THAT WAY.
NO ONE IS AND FAIRLY HARMED BY A
WHAT I GET ALL THAT I I GET THAT
WHAT YOU'RE TRYING TO DO IS
PROVIDE A MECHANISM SO THAT
BUSINESSES YOU KNOW MAYBE SOME
OF THE ADA SO THAT BUSINESSES
ARE UNFAIRLY SORT OF BOTH
FETTERED AND AFFECTED BY.
BY THIS LAW MY CONCERN IS THOUGH
IS IMMATURITY CREATES ALL SORTS
OF CHALLENGES AND SO.
LET ME LET ME JUST PUT THAT
ASIDE FOR A SECOND I THINK THE
MANAGER THANK YOU YOU ALREADY
AGREE THAT THAT'S AN ISSUE.
AND I AND I'M NOT SURE
REGULATIONS QUITE RESOLVE IT A
COURTS CONNECT APPLIES THE
SECOND QUESTION IS IN THIS IS --
TO THE THE FOLKS IN THE AG'S
OFFICE IS THAT THERE IS ANOTHER
MECHANISM FOR ENFORCEMENT AND
NOW IT MAY BE ANALOGOUS IN THE
MECHANISM AND THAT'S IN BUSINESS
PROFESSIONS CODES. SEVENTEEN TWO
HUNDRED WHERE A PUBLIC OFFICIAL
IS EITHER.
AUTHORIZED OR DELEGATED THE
RESPONSIBILITY TO BE ABLE TO
ENFORCE THE LAW AND I TAKE THE
POINT THAT YOU KNOW A RIGHT
WITHOUT A REMEDY IS NOT REALLY A
RIGHT.
SO TO THE EXTENT THAT THAT --
SEVENTEEN TWO HUNDRED I THINK IT
HAS BEEN WORKABLE -- A TO BE
INTERESTED IN YOUR POINT OF VIEW
ON THAT AND SO ANOTHER WORDS NOT
IN ADDITION TO BUT FOR EXAMPLE.
REMOVING THE INDIVIDUAL.
PRIVATE RIGHT OF ACTION IN IN
ESSENCE HAVING A CITY ATTORNEY
COUNTY ATTORNEY A DISTRICT
ATTORNEY OF COURSE INCLUDING THE
ATTORNEY GENERAL'S OFFICE.
BE ABLE TO ENFORCE THE ENFORCE
THE LAW.
AS IN FORCING THIS EASY PAY AS A
PREDICATE UNDER THE UNDER THE UC
OUT IS THAT WHAT YOU'RE YOU'RE
REQUESTING.
I'M NOT SURE WHAT YOU MEAN BY AS
A PREDICATE THE U. C. L. IS A
CONSUMER PROTECTION STATUTE THE
UNFAIR COMPETITION LAW IT NO NO
SEPARATE DEPARTMENT JUST USING
THAT.
BY INCORPORATING SOMETHING BY
ANALOGY INTO THIS LAW.
SEN OTHER WORDS RATHER THAN YOU
KNOW STRIKING THE BE PORTION
HERE WHERE IT SAYS THAT --
PURSUANT TO THIS SECTION -- THE
CONSUMER MAY BE IN ESSENCE BRING
AN ACTION.
IN THEIR INDIVIDUAL CAPACITY.
IN INSTEAD HAVING [inaudible]
THAT.
PROVISION OR THAT FORCING
MECHANISM BE ANALOGOUS NOT
EXACTLY BUT ANALOGOUS TO THE
ENFORCER REVISIONS AND SEVEN
BUSINESS PROFESSIONAL CODE.
SEVENTEEN TWO HUNDRED SO IF I
THINK I'M UNDERSTANDING IS IT'S
TO LOOK AT PROVIDING A SIMILAR
FORSMAN MECHANISM THAT'S IN THE
BUSINESS IN CODE.
PROFESSIONS BUSINESS AND
PROFESSIONS CODE SEVENTEEN TOOL
FOR RIGHT RIGHT TO LOOK AT THAT
LANGUAGE TO FIX RIGHT -- AND I
WOULD SAY -- WE STARTED TO LOOK
AT THAT AND WE'RE HAPPY TO ON
FOR THE LIKE THE AND AND AND
BEHALF OF THE ATTORNEY GENERAL
AND WE'RE COMMITTED TO ENGAGING
FURTHER DISCUSSIONS DISCUSSIONS
WITH YOU.
CORRECT ARE POTENTIALLY
EXPANDING THE YOU KNOW THE
PUBLIC ENFORCEMENT. FOR OTHER
SEVENTEEN TO VOTE FOR I'M NOT
TALKING ABOUT CREATING A NOTHER.
ENFORCEMENT MECHANISM I'M
TALKING ABOUT.
THAT AGAIN CREATING AN
ENFORCEMENT MECHANISM.
IN LIEU OF THAT'S RUN THAT'S
THAT'S WHAT I'M REFERRING.
TO THIS SO I AM AS I UNDERSTAND
BECAUSE WE'VE HAD THIS
DISCUSSION AND I BELIEVE ALSO
WITH THE SENATOR ALLEN.
LOOKING AT AN EXISTING MECHANISM
LIKE SEVENTEEN TWO HUNDRED WHICH
WE DO USE AND CONSUMER -- AREAS
AS A AN OVERLAY FOR OF AN
ALTERNATIVE FORM OF ENFORCEMENT
OTHER THAN A PRIVATE RIGHT OF
ACTION.
RIGHT EXACTLY MET AND IN DECIDED
SAID AND I AND I'VE TALKED TO
THE ATTORNEY GENERAL ABOUT THIS
DIRECTLY HE IS PREPARED TO
CONTINUE PURSUING THIS AS AN
AVENUE.
AGAIN THE GOAL IS TO MAKE SURE
THAT WE CAN HAVE THAT WE HAVE.
ADEQUATE ENFORCEMENT OF THIS LAW
SEVENTEEN TWO HUNDRED MAY VERY
WELL BE -- THE BEST APPROACH --
GIVEN I KNOW CONCERNED SHOULD
HAVE BEEN ARTICULATED AND I AM
COMMITTED NEED SHE IS COMMITTED.
TO TO PURSUING -- DISCUSSIONS
THAT THAT -- REFLECT THAT --
THAT INTEREST IN IT IT MAY VERY
WELL BE A A VIABLE APPROACH TO
TAKE IF WE KEEP IF WE'RE NOT
GOING TO HAVE A PRIVATE RIGHT OF
ACTION IF THERE IS A IF THERE IS
DEEP CONCERN ABOUT.
ABOUT THAT GOING FORWARD IN
SPITE OF ALL OF THE YOU KNOW THE
OF PRE CONDITIONS SUCH AS THE
REGULATIONS AND SO FORTH THE THE
NOTION I KNOW THAT -- US IN THE
COMING YEAR WAS CONCERNED ABOUT
THE SMALL BUSINESS PERSON AND I
THINK THOSE ARE ALSO LEGITIMATE
CONCERNS THAT WE NEED TO FLESH
OUT BECAUSE THE GOAL ISN'T TO GO.
I ALWAYS ENJOY WHEN THE CHAMBER
COMES IN AND SAYS WHAT ABOUT THE
GUY WANTS A PIZZERIA.
WE'RE TALKING ABOUT THE GUY
WANTS FACEBOOK WE'RE TALKING
ABOUT HOW PEOPLE WITH LOTS OF
MONEY HERE WE'RE NOT TALKING
ABOUT THE LITTLE GUY AND WE'RE
NOT INTENDING TO CATCH THE
LITTLE GUY WHAT WE WANT TO DO.
IS MAKE SURE THAT -- THAT THE
ENFORCEMENT MECHANISM.
IS SUCCESSFULLY -- SUPPORTING
THE C. CPA'S INTENT AND IT'S
RISK YOU KNOW WHEN ITS
OBLIGATIONS AND PROTECTING MOST
IMPORTANTLY.
PEOPLE'S RIGHT TO PRIVACY SO WHY
HI I THINK THAT THIS IS OF A
VERY.
LEGITIMATE -- AREA THAT WE
SHOULD BE AND WHAT I WILL COMMIT
TO EXPLORING THAT OF GOING
FORWARD.
BY IT IF WE ARE ABLE TO CONTINUE
MOVING THE BILL AND ALSO -- I
HAVE COMMITTED TO THE CENTER
COVER GYRO ALSO LOOKING AT THE
FACT THAT WE'RE NOT GOING AFTER
THE PIZZA GUY WE'RE WE'RE WE'RE
REALLY TRYING.
TO MAKE SURE THAT THOSE WHO ARE
MAKING LOTS OF MONEY ON THIS --
ARE OF FOLLOWING THE PROVISIONS
IN THE REQUIREMENTS OF THE
SEISHI PA.
ON BEHALF OF THE ATTORNEY
GENERAL BUT THERE HE IS
COMMITTED TO ENGAGING AND
FURTHER DISCUSSIONS WITH YOU AND
POTENTIALLY EXPANDING PUBLIC
ENFORCEMENT OF THE CCPA YOUR
DA'S AND CITY ATTORNEYS -- OF A
CITY WITH AT LEAST A SEVEN
HUNDRED FIFTY THOUSAND PERSON
POPULATION AS WELL AS A CITY
ATTORNEY OF ANY CITY AND COUNTY.
ALL RIGHT.
THAT'S BECAUSE LIKE.
SEVENTEEN SEVENTEEN ZERO FOUR
FOUR A NUMBER DIDN'T IS THAT
INCLUDE YOUR THOUGHTS ALL RIGHT --
I WAS GOING TO GO TO CENTER
MINING BUT BECAUSE CENTER COVER
YOUR WAS REFERENCED.
PLANNING WELL I JUST WANT TO BE
CLEAR BECAUSE WE DID WE'VE HAD A
A NUMBER OF CONVERSATIONS AND
AND I'VE I'VE ALSO SPOKEN --
WITH THEM EIJI BUT SERRA BUT BUT
MY CONCERN IS SMALL BUSINESSES
AS WELL AS START UPS I MEAN
WE'RE WE'RE VERY INNOVATIVE --
PLACE IT IN A THAT'S I THINK ONE
OF OUR STRENGTHS IN TERMS OF THE
ECONOMY AND THE LAST THING I'D
LIKE TO DO IS -- TO CREATE THIS --
IN.
INDECISION AND CONFUSION ABOUT
EXACTLY.
WHAT WE MEAN BY PRIVACY AND AND
HOW IT'S GOING TO BE IMPLEMENTED
AND THE REGULATIONS BECOME
PRETTY IMPORTANT AND ALL OF THAT?
SO I I JUST WANT TO BE VERY
CLEAR THAT -- MY MY CONCERN IS
THE PRIVATE RIGHT OF ACTION BUT
ALSO ABOUT PROTECTING -- ANYTIME
YOU YOU CREATE A NEW AREA OF THE
LAW AND I I KNOW YOU KNOW THIS
IT CREATES -- UNCERTAINTY.
AND THAT UNCERTAINTY IN THE
BUSINESS COMMUNITY MEANS THAT --
IF YOU TAKE THE MOST
CONSERVATIVE APPROACH YOU DON'T
DO THINGS HERE IN THE STATE
YOU'LL GO SOMEWHERE ELSE AND I
DON'T WANT TO SEE US LOSE.
THE OPPORTUNITY -- TO TO BE
CREATIVE AND TO BE INNOVATIVE IN
OUR START UPS AND HAVE TO HAVE
AN ATTORNEY SAY HERE IS THE RISK
IF YOU'RE DOING IT HERE IN THE
STATE IN HERE HERE IS WHAT WE
DON'T KNOW.
ABOUT HOW THIS IS GOING TO BE
IMPLEMENTED AND I I REALLY --
APPRECIATED THE I I HAVE READ A
LOT ABOUT WHAT THEY'RE DOING IN
EUROPE AND I REALLY APPRECIATED
THE FOCUS ON COMPLIANCE WITH THE
ADVICE WARNINGS AUDITS AND
FINANCE I JUST THINK THAT THAT.
ANYWAY ANY TIME THAT YOU'RE
LOOKING AT A NEW -- A NEW
STRUCTURE AND WHAT THE
OBLIGATIONS AND RESPONSIBILITIES
ARE THE MORE THAT YOU CAN TRAIN
AND GET PEOPLE TO VOLUNTARILY DO
IT THE BETTER OFF WE'RE GOING TO
BE SO I JUST WANT TO MAKE SURE
THAT.
THAT IT'S CLEAR I'M TALKING
ABOUT START UPS AS WELL AS SMALL
BUSINESSES AND THEN THE
UNINTENDED CONSEQUENCES OF A A
PIZZA PARLOR BECAUSE I DON'T
THINK THAT THAT THAT THIS -- AB
REQUIREMENT OR THAT THIS --
LEGISLATION WAS INTENDED TO
CAPTURE ALL OF THOSE ARE GOING
TO NOT NOT AT ALL NOR NOR THE
START OFF I THINK ONCE WE SET
SOME BASIC PARAMETERS.
COMPANIES WILL FOLLOW THEM AT
AGAIN.
OF A WIN.
MR SOCCER BERG SAYS WE NEED MORE
REGULATION AND AND THE GOAL IS
NOT TO CONFUSE PEOPLE THE GOAL
IS TO SET SOME PARAMETERS THAT
EVERYBODY CAN UNDERSTAND -- SO
THAT WE CAN PROTECT.
PRIVACY RIGHTS AND AT THE SAME
TIME I SHARE WITH YOU AND I
IMAGINE AT THE IMPORTANCE OF
SUPPORTING INNOVATION I THINK WE
CAN DO BOTH.
THANK YOU I CENTER MINING.
THANK YOU MISTER CHAIR -- I WANT
TO THANK THE AUTHOR FOR BRINGING
THIS FORWARD AND THE ATTORNEY
GENERAL AND I THINK.
THE OPPONENTS DID NOT RACIST
AFFIRMATIVELY BIT IN ARGUMENTS
LEADING UP TODAY WE'VE HEARD --
WHEN WE MADE A DEAL BEFORE THE
END OF SESSION AND -- HOW CAN WE?
CHANGE THE TERMS OF A DEAL THAT
WAS AGREED.
TO WELL THE DEAL THE RESERVE A
TWO POINTS OUT.
MAYBE THE BENEFITS AND MAYBE THE
DOWNSIDES OF THIS SHORT WINDOW
OF TRYING TO KEEP A BALLOT
MEASURE OFF THE BALLOT.
IN TRYING TO COME UP WITH
LEGISLATIVE -- ALTERNATIVE BUT I
WOULD POINT OUT THE BENEFIT OF
THE LEGISLATIVE ALTERNATIVE IS
THAT YOU DON'T HAVE TO GO BACK
TO THE BALLOT TO FIX SOMETHING
THAT'S TERRIBLY COMPLEX.
AND IF IT'S PASSED ON THE BALLOT
THE ONLY WAY YOU FIX IT IS TO GO
BACK TO THE BALLOT.
SO AS AS MESSY OR AS UNDESIRABLE
AS THIS PROCESS MAY SEEM I THINK
IT'S BETTER THAN HAVING TO GO
BACK TO THE BALLOT.
IN ONE OF THE BIG CHANGES FOR ME
THAT THAT SUGGESTS THAT WERE NOT
SOMEHOW VIOLATING OUR WORD.
IS THAT WITHOUT THE INVOLVEMENT
OF THE ATTORNEY GENERAL WE TASK
THE ATTORNEY GENERAL'S OFFICE
WITH ENFORCEMENT.
OF THE BILL THAT WE PASSED IN
THE ELEVENTH HOUR.
THE ATTORNEY GENERAL NOW COMES
BACK AND SAYS YOU'VE TASK ME WAS
SOMETHING THAT WERE OT RESOURCE
FOR THAT WE DON'T THINK WE CAN.
PERFORM THESE VARIOUS FUNCTIONS
OF ADVICE AND COUNSEL OF RIGHT
TO CURE AND THEN POTENTIALLY
PROSECUTION -- SO I HAVE A
COUPLE OF OTHER COMMENTS IN THIS
WILL LEAD TO SOME QUESTIONS ON
WHEN WE LOOK AT EUROPE AND THAT
WAS.
GUIDING FOR MUCH OF WHAT WAS WAS
INCLUDED.
IN IN THE BILL THAT WE PASSED --
IT WAS.
CONSIDERED AN GUIDED IN SEVEN
YEARS OF WORK BY -- THE PRIOR
ADMINISTRATION IN WASHINGTON DC --
TO ME THE BIGGEST DIFFERENCE IS
THAT.
OUR LAW REQUIRES A CONSUMER TO
OPT IN TO BE PROTECTED.
I DON'T PARTICULARLY LIKE THAT
ASPECT OF THIS BILL.
WE HAVE 94% OF CALIFORNIANS
SAYING THEY WANT PROTECTION.
THING THEY BELIEVE THEY SHOULD
HAVE A RIGHT TO ENFORCE THEIR
RIGHTS IN THEIR PROTECTIONS AND
YET WE FORCE THEM TO TAKE AN
AFFIRMATIVE ACT TO BE PROTECTED.
TO ME THAT'S A FUNDAMENTAL FLAW
IN WHAT WE PASSED IT'S A
FUNDAMENTAL FLAW AS WE MOVE
FORWARD.
BUT I REALIZE THAT'S NOT WHAT IS
IN FRONT OF US BUT LET'S
REMEMBER.
I COME AT THIS THROUGH THE LENS.
OF PROTECTING CONSUMERS.
AND THAT DOESN'T DIMINISH MY
RESPECT MY CONCERN FOR
BUSINESSES WHO HAVE TO IMPLEMENT
AND GRAPPLE WITH THIS.
ITEM I THINK WE NEED SOME
BREATHING SPACE AND ONE REASON
I'M GONNA BE SUPPORTIVE TODAY IS
BECAUSE OF THE AUTHORS
COMMITMENT AND THE ATTORNEY
GENERAL TO KEEP WORKING ON THIS
WITH THE CONCERN OF PROTECTING
SMALL BUSINESSES.
WE CAN CREATE SOME CATEGORIES IN
HERE IN TERMS OF ENFORCEMENT
TERMS OF BOTH OBLIGATIONS AND
DUTIES.
THERE'S A BIG DIFFERENCE.
BETWEEN GIANT MULTINATIONAL
INTERNET SERVICE PROVIDERS.
IN A SMALL START UP THAT MAYBE
ONCE BILL TO SWIPE.
A CREDIT CARD AT THEIR RETAIL
BUSINESS.
WE CAN FIGURE THAT OUT WE CAN
BUILD IN SOME CATEGORIES NINE
INVITE THE BUSINESS COMMUNITY TO
BE.
PARTNERS IN DOING THAT I THINK
WE CAN ACHIEVE THAT [inaudible]
ON I ALSO.
I THINK THE THE PRIVATE RIGHT OF
ACTION QUESTION -- THE REASON
THAT'S IMPORTANT IN FRONT OF US
TODAY IS BECAUSE THE NEW
INFORMATION IS THE ENFORCEMENT
ENTITY INCLUDED IN THE ORIGINAL
BILL SAYS WE DON'T THINK WE HAVE
THE CAPACITY. TO DO IT SO SOME
OTHER IDEAS OF COME UP THE
SEVENTEEN TWO HUNDRED APPROACH
COMPARING DISTRICT ATTORNEYS.
CITY ATTORNEY'S BUT EVEN WITHIN
THE PRIVATE RIGHT OF ACTION OF
CONSUMER IN IN THAT AREA WE
COULD CREATE SOME CATEGORIES AS
WELL.
IN TERMS OF DAMAGE LIMITS BASED
ON THE TYPE OF A BREACH -- OR
VIOLATION ON AND HAVE SOME
CATEGORIES THERE TO WHAT TYPE OF
BREACH WE TALKING ABOUT ANOTHER
SOME DISTINCTIONS BETWEEN.
PERSONAL DATA BEING COMPROMISED
OR EXPORTED.
VERSES YOU BEEN HACKED AND
THERE'S A DUTY TO TELL YOU THAT
YOU'VE BEEN HACKED AND MAYBE
THEY WEREN'T APPROPRIATE CYBER
PROTECTIONS.
BUT LET'S REMEMBER FOLKS. ONE OF
THE MOST CRITICAL ISSUES HERE.
IS THE WHOLESALE VIOLATION OF
OUR PRIVACY RIGHTS AND POTENTIAL
MEDICAL INFORMATION BEING
SIPHONED CREDIT INFORMATION
BEING.
OBTAINED AND NEW SOCIAL SECURITY
NUMBERS CREDIT CARD NUMBERS THIS
IS WHERE WE CAN FACE VERY
SERIOUS DAMAGES AND IT'S HARD TO
PUT THE GENIE BACK IN THE BOX.
IF IF MY CREDIT INFORMATION'S
BEEN COMPROMISED FOR MY MEDICAL
INFORMATION.
WHAT'S THE RIGHT HOW DO YOU CURE
THAT.
YOU CAN'T PUT THAT GENIE BACK IN
THE BOTTLE SO AGAIN I THINK WITH
A LITTLE WORK WE COULD HAVE SOME
CATEGORIES OF THE TYPES OF
BREACH.
AND POTENTIAL WOMEN'S ON SOME
REMEDIES OR OR NOT.
ON OTHER TYPES OF BREACHES -- SO.
TO TURN ON THIS LONG COMMENTARY
INTO A QUESTION.
LET ME ASK THE AUTHOR IF YOU
AGREE WITH WHAT I'VE JUST SAID.
YEAH.
ABSOLUTELY THANK YOU -- CAN ON A
MORE SERIOUS NOTE HI.
I AM COMMITTED TO WORKING WITH
YOU I'M COMMITTED TO WORKING
WITH THE BUSINESS COMMUNITY.
YOU KNOW THE BUSINESS COMMUNITY
HAD A A LOT OF THE FOLKS IN
OPPOSITION TO THIS EFFORT TO TRY
TO FIX IT.
WE'RE NOT SUPPORTERS OF WHAT
WENT THROUGH THE LEGISLATURE ON
IN WITHIN THE BUSINESS COMMUNITY
JUST LOOKING OUT IN THIS ROOM
AND SOME OF THE PEOPLE THAT
TESTIFIED [inaudible]
THERE'S WE ARE TALKING ABOUT
DIFFERENCES BETWEEN A SMALL
BUSINESSES A RETAIL SHOP.
IN I THINK WE'VE LEARNED SOME
LESSONS FROM THE ABUSES OF THE
AMERICANS WITH DISABILITY ACT.
AND WE'VE PUT SOME REFORMS AND
REMEDIES IN THERE THAT WHILE
STILL PERHAPS NOT PERFECT.
THEY DO REQUIRE SOME STEPS THEY
DO ALLOW A RIGHT TO CURE WHERE
APPROPRIATE -- SO LET'S LEARN
FROM SOME OF OUR SUCCESSES AND
APPLY THAT AS AS THIS MOVES
FORWARD IN WORKS AND I THINK FOR
SOME OF MY COLLEAGUES.
WHO MAY HAVE CONCERNS TODAY
ABOUT SUPPORTING THIS?
WE GOT SOME TIME THERE'S OTHER
COMMITTEES IF IT MAKES IT
THROUGH HERE AND OTHER
COMMITTEES.
ALL OF YOU RESERVE A RIGHT.
IF SOMETHING COMES TO THE FLOOR
FOR IF WE HAVEN'T GOTTEN THERE
YOU WERE SERVER RIGHT NOT TO BE
SUPPORTIVE.
BUT THIS IS COMING TO US FROM
THE ATTORNEY GENERAL AND ELECTED
OFFICER AND EXECUTIVE US REALLY
OF THE STATE OF CALIFORNIA WHO
SING YOU'VE TASKED ME WAS
SOMETHING.
THAT WE'RE NOT PREPARED EQUIPPED
TO DO.
SO WE ARE BEING ASKED BY THE
ATTORNEY GENERAL. TO OFFER
AVENUES THAT WOULD STILL ENGAGE
THE ATTORNEY GENERAL IN
DEVELOPING.
GUIDANCE IN DEVELOPING
REGULATIONS AND IN PLAYING AN
APPROPRIATE ROLE.
OF THE ATTORNEY GENERAL LAW
ENFORCEMENT TO SET THE STAGE AND
TO MAKE THE RULES OF THE GAME
CLEAR. TO BUSINESSES AND
CONSUMERS SO AGAIN I APOLOGIZE
BUT THIS IS THIS IS IMPORTANT
STUFF FOR US TO GET RIGHT AND I%
JUST HOPE WILL HAVE A CHANCE. TO
WORK O IT AND GET IT RIGHT AND
I TOTALLY APPRECIATED I
COMPLETELY AGREE WITH YOU AND
THAT IS THE REASON THAT I HAVE --
BROUGHT THIS BILL IS WORKING
WITH THE ATTORNEY GENERAL FOR
ALL THOSE REASONS I THINK YOU'VE
MADE MY CLOSING FOR ME BUT I'M
SURE THERE ARE OTHER QUESTIONS
BUT THAT'S EXACTLY WHAT WE'RE
TRYING TO ACCOMPLISH HERE.
AND DO IT IN GOOD FAITH BECAUSE
THE THE WORLD OF TECHNOLOGY HAS
MOVED SO RAPIDLY.
AND IT HAS LEFT OUR HUMANITY
BEHIND.
AND WE NEED TO CATCH UP.
IN THAT SPACE.
UNLESS I AS SEEN IN THEIR HANDS --
CENTER ALLEN TO WISH TO GO RIGHT
NOW.
OR WAS IT.
FORGIVE ME FOR ME SIR WHAT
CASSIE AND YOU IT'S EITHER OKAY
SENATE ALLEN -- OKAY.
EITHER THIS IS BEEN AT THAT.
QUITE AS INTENSE -- DISCUSSION
IN THE RUN UP TO THIS THIS
MEETING TODAY AND I'VE HAD LONG
CONVERSATIONS WITH -- WITH FOLKS
ON BOTH SIDES OF CLEAN THE
AUTHOR AND ALSO -- THE ATTORNEY
GENERAL I REALLY DO WANT TO SEE
MYSELF VERTICALLY WITH THE
COMMENTS OF CENTER.
AGAIN AND I'M CENTER COVER EURO.
HERE THERE THERE'S THERE'S A LOT
A TO UNPACK WITH THIS -- WITH
THIS ISSUE -- CENTER MONEY GOT
SEE RIGHT THIS ULTIMATELY IS
ABOUT CONSUMERS AND PROTECTING --
GOOD CONSUMERS OF THE STATE OF
CALIFORNIA THE ONLY THOUGH
COURSE LET'S REMEMBER THE REASON
WHY WE HAVE THE ONLY SIGNIFICANT
PRIVACY ACT IN THIS AREA IN THE
NATION.
IS BECAUSE OF THE FACT THAT --
THIS MEASURE WAS BROUGHT FORWARD
AS A POTENTIAL BALLOT MEASURE
AND THE DEAL WAS STRUCK -- THAT --
LED US TO THIS CURRENT ACT BOTH
SIDES OF COURSE ARE NOW ENGAGING
IN TRYING TO MAKE CHANGES. TO
THE ACT THAT'S WHAT MAKES IT ALL
A VERY DIFFICULT AN INTERESTING --
BUT THERE'S NO QUESTION THAT --
THAT THAT THAT STRIKING A DEAL
AS A PREFERABLE WAY OF MAKING
POLICY IN THIS AREA BECAUSE OF
THE FACT THAT WHEN SOMETHING
GOES THE BALLOT.
EVEN IF IT PASSES IT AND HAS TO
BE YOU CAN ONLY BE CHANGED WITH
THE BALLOT MEASURE AND LET'S
REMEMBER.
THERE'S A REASON WHY BOTH SIDES
DECIDED TO STRIKE THE DEAL
PULLING OFTENTIMES SHOWS GREAT
NUMBERS ON WONDERFUL PROGRESSIVE
MEASURES AND GO DOWN TO DEFEAT.
AFTER L. HUNDRED MILLION DOLLARS
OF MONEY IS SPENT IN A BRUISING
CAMPAIGN AND AND SO ALL SORTS OF
THINGS CAN END UP -- YOU KNOW
NOT WHERE WHERE THE ORIGINAL
AUTHORS OF THOUGHT THEY WERE
GOING TO BE -- WAS AND GOES TO
THE MEASURE NIGHT BECAUSE OF THE
BALLOT I THINK THAT'S PART OF
WHY THE FOLKS WHO BROUGHT THE
BALLOT MEASURE FOR IN THE FIRST
PLACE -- WILLING TO STRIKE THE
STEEL AND THE THING THAT YOU
HEAR FROM EVERYBODY WAS INVOLVED
IN THE NEGOTIATIONS.
AND THE REASON WHY I THINK
EVERYONE KEEPS TALKING ABOUT THE
ISSUE THE PRIVATE RIGHT OF
ACTION IS BECAUSE THAT WAS THE
ABSOLUTE DEAL BREAKER -- FOR THE
FOLKS ON THE BUSINESS SIDE AND
THAT THE THE ONLY WAY WE WERE
ABLE TO STRIKE A DEAL HERE AND
AVOID A RIDICULOUS BATTLE --
COME ELECTION TIME THAT COULD
HAVE GONE AND YOU EITHER WAY AND
WITH A CERTAINLY INVOLVED A TON
OF MONEY SPEND THEN -- A LOT OF
A DIFFICULT POLITICS.
THE ONLY REASON WHY IS BECAUSE
OF THE FACT THAT THIS PRIVATE
RIGHT OF ACTION WAS STRIPPED.
NOW.
I UNDERSTAND WHAT ARE THE OTHER
SAYING I UNDERSTAND THE ATTORNEY
GENERAL SAYING THAT YOU KNOW IS
NOT EQUIPPED TO HANDLE -- ALL
THE THE NEW TASKGIVEN TO HIS
OFFICE UNDER THIS MEASURE --
THOUGH I WILL SAY PART OF THE
ANSWER TO THAT IS NO ONE WE JUST
GIVEN MORE RESOURCES SO WE CAN
ACTUALLY HANDLE IT PROPERLY --
YOU KNOW THAT I KNOW THAT CENTER
HERTZBERG TALKING ABOUT SOME
SORT OF NEW COMPLIANCE OFFICE
THAT WOULD TRY TO EFFECTUATE THE
RIGHTS ASSOCIATED WITH THIS LAW --
I WILL SAY IN ADDITION THAT YOU
KNOW I THINK THAT WHAT I'M
CENTER CENTER I'M BURKE IS
TALKING ABOUT MAYBE PROVIDES US
WITH A DECENT PATH HERE.
WHERE WE WOULD ADDRESS THE ISSUE
OF THE RIGHT AND REMEDY UNITE I
AGREE WE WE DON'T WANT TO CREATE
A RIGHT THAT DOESN'T HAVE A
REMEDY -- AND AND THE PEOPLE WHO
ARE REPRESENTED BY THEIR
ATTORNEY GENERAL THEIR DISTRICT
ATTORNEY'S THEIR CITY ATTORNEYS --
CERTAINLY WOULD EXPECT THERE TO
BE A ROBUST -- PUBLIC ENGAGEMENT
TO INTUITIVE TO ENSURE THE
RIGHTS ASSOCIATED CCPA SO I AM
VERY HAPPY TO HEAR YOU BE SO
OPEN TO THAT AS AN IDEA --
BECAUSE I THINK IT POTENTIALLY
PROVIDES US WITH A WITH AN
AVENUE THAT BOTH -- YOU KNOW IT
HERE'S TO YOU THAT THAT HONORS
THE DEAL.
AND THAT AT THE SAME TIME --
WILL WILL REALLY EFFECTUAL WAY
THE RMEDY THAT THAT IS -- TO
THE RIGHT WHY IS IT THAT I CARE
SO MUCH ABOUT THE DEAL THE
REASON IS -- THAT IN THE END OF
THE DAY THIS LEGISLATURE.
HAS A THERE'S A REAL INTEREST IN
MAKING SURE THAT OUR WORD IS
HONORED THAT THE PEOPLE WHEN
THEY WHEN THEY COME TO NEGOTIATE
HERE.
pUNDER THAT THERE'S A SENSE THAT
A DEAL THAT WAS STRUCK AND
APPROVED BY OUR LEGISLATURE WILL
ACTUALLY HAVE SOME MEANING -- IN
THE YEARS FOLLOWING THE DEAL
BEING STRUCK AND THEY DID THAT I
THINK THAT BETTER PUBLIC POLICY
WILL COME OUT OF THAT PROCESS AS
A RESULT -- I I DO THINK THAT
THE THE THE BALLOT ENDS UP BEING
AND IT'S AN IMPORTANT.
YOU KNOW REMEDY IT'S IMPORTANT
LEVER BUT BUT IT'S A TOTAL CRAP
SHOOT AND IT ENDS UP --
OFTENTIMES REWARDING THE FOLKS
WHO ARE WILLING TO SPEND THE
MOST AMOUNT OF MONEY AND MAKE
THE MOST -- FRIGHTENING OF
CLAIMS TO THE VOTERS AND VOTERS
UNFORTUNATELY HAVE ENDED UP
BEING SWAYED EVIDENCE OF THAT.
SO I I ALSO UNDERSTAND THIS IS
REALLY EARLY IN THE PROCESS AND
I AND YOU KNOW I REALLY DO
RESPECT THE CHAIR AND I RESPECT
THE ATTORNEY GENERAL -- FOR
THEIR WORK IN TRYING TO MAKE
SURE THAT WE DO EFFECTUATE THE
THE THE THE THE THE RIGHTS THAT
ARE ENSHRINED IN THE C. C. PA I
I AGREE DOESN'T GO FAR ENOUGH IN
THE DAY AND I AGREE WE OUGHT TO
BE A LOT MORE LIKE EUROPE.
WHICH REALLY DOES HAVE A A
ROBUST REGULATORY MECHANISM --
YOU KNOW WHEN WE TALK ABOU
HAVING MORE REGULATION FOR ME
THAT INVOLVES REALLY EMPOWERING --
OUR LAW ENFORCEMENT OFFICIALS IN
OUR OUR YOU THE FOLKS THAT WE
ENTRUST WITH WITH ENFORCING THE
LAW -- YOU KNOW PEOPLE LIKE CITY
ATTORNEY'S DISTRICT ATTORNEY'S
ATTORNEY GENERAL TO TO TO
ROBUSTLY ARE ENGAGING IN IN IN
IN ACTION TO ENSHRINE AND
PROTECT.
THE RIGHTS THAT WE'VE PASSED SO
ARE.
YOU KNOW I I I THINK THE THE IF
THIS DOES GOT A COMMITTEE DAY
IT'S MY SENSE FROM TALKING -- TO
BASICALLY EVERY MEMBER OF THIS
COMMITTEE THAT IT WILL BE
BECAUSE OF I OF OF YOU.
WITH ALL RESPECT FOR YOU AND FOR
THE ATTORNEY GENERAL AND THE
UNDERSTANDING THIS IS VERY EARLY
IN THE PROCESS -- AND FOR YOUR
COMMENTS THAT YOU MADE AND THE
ATTORNEY GENERAL'S MADE TO BE
VERY OPEN -- TO TO TO MAKE SURE
THAT WE HONOR THE DEAL THAT WAS
STRUCK -- AND SO THAT'S THAT'S
MY THOUGHTS ON THIS I IT'S IT'S
BEEN A VERY DIFFICULT AND AND
AND KIND OF LONG AND WINDING
ROAD EVEN TO GET TO THIS VERY
FIRST STAGE.
OF THE BILL I DO THINK YOU DO
HAVE THE RIGHT YOU KNOW YOU DO
DESERVE THE OPPORTUNITY. TO TO
KEEP WORKING ON THIS -- BUT I I
THINK THERE'S A GREAT DEAL I
THINK YOU'RE SENSING A GREAT
DEAL OF OF TREPIDATION -- ON
THIS COMMITTEE WHEN IT COMES TO
THE POSSIBILITY OF ON WINDING
THE DEAL I THINK THERE'S JUST A
LOT OF DOWNSIDES TO THAT.
OUT FROM A POLICY MAKING
PERSPECTIVE AND ALSO -- IN TERMS
OF THE INTEGRITY OF THE
LEGISLATURE MOVING FORWARD AND
AND AND SO THAT THOSE ARE MY
THOUGHTS ON THIS BILL.
THANK YOU CENTER ON APPRECIATED.
WELL I KNOW THAT -- I'LL BE
MOVING ON TO CENTER STERN
INTERESTED IN JUST A MOMENT SO
MAYBE IT'S AN APPROPRIATE TIME
FOR ME TO CONNECT.
SAVE YOUR COMMENTS THAT.
LIKE OTHERS YOU'VE HEARD -- SOME
OF THE CONCERNS AND SOME OF THE
ENCOURAGING -- WORDS -- I HAVE A
BIT OF A LIBERTARIAN STREAK IN
ME YOU KNOW I WANT TO MAKE
CERTAIN.
THAT WE PROMOTE ENTERPRISE --
BUT WE ALSO WANT TO MAKE CERTAIN
THAT INDIVIDUALS AND THEIR
PRIVACY -- ARE LOOKED AFTER IN A
CREDIBLE WAY.
AND AS I'VE MENTIONED IN THIS
COMMITTEE AND IN OTHER
COMMITTEES THERE TENDS TO BE A
BALANCE BECAUSE I THINK GOOD
POLICY TENDS TO WAY.
OF BOTH THE THE DOWNSIDES IN THE
BENEFITS APPROPRIATELY.
AND I THINK WE'VE HEARD -- THERE
ARE A NUMBER OF BALANCING ACTS
THAT ARE ASSOCIATED WITH THIS
PROPOSED LEGISLATION -- THAT ARE --
THAT HAVE MERIT -- I'M NOT
CERTAIN THAT THERE IS THAT THE
EQUILIBRIUM HAS BEEN ACHIEVED
YET.
AND SO I THINK -- WE HEARD IT --
ADROITLY FROM -- CENTER ALLEN AT
THAT -- THERE WAS A DEAL THAT
WAS PUT FORWARD AND IT'S IN THE
BEST INTERESTS OF THIS
INSTITUTION TO MAKE CERTAIN THAT
INDIVIDUALS AND THAT MAKE
ARRANGEMENTS -- WITH POLICY
MAKERS -- HAVE THE CREDIBILITY
TO CONTINUE MAKING -- THOSE
TYPES OF NEGOTIATED OUTCOMES
BECAUSE IN THE LONG RUN IT WILL
MAKE FOR BETTER POLICY -- IN
THIS SITUATION I'M A LITTLE
CONCERNED THAT WE HAVE
ENFORCEMENT.
BEFORE INFRASTRUCTURE.
AND WE HAVE HEARD FROM SOME OF
THE FOLKS WHO TESTIFIED THAT
THIS IS AN ART.
COMING ONTO THE SCENE IN TILL.
TWENTY TWENTY THAT WAS DESIGNED
LAST YEAR FOR THIS PERIOD OF
TIME ON THESE TWO YEARS -- FOR
IT.
THE MEAT TO BE PUT ON THE BONES.
SO WE DON'T EVEN NECESSARILY
HAVE THE INFRASTRUCTURE IN PLACE
YET WE'RE TALKING ABOUT TAKING.
SLEDGE HAMMERS NGUYEN MAY BE A
SMALLER DEVICE MIGHT BE MORE
APPROPRIATE.
I THINK THE IDEA THAT A
REGULATOR CANNOT BE AN ENFORCER.
DOESN'T GEL WITH HOW OUR SYSTEM
ACROSS THE STATE IN THE NATION
WORK WE HAVE PLENTY OF EXAMPLES
WHERE.
REGULATORS ARE INDEED ENFORCERS
WHETHER BEYOND WALL STREET OR
WHETHER IT BE WITH THE F. PPC
YEAR.
IT'S IT'S EVERYWHERE -- I
PERSONALLY THINK THAT.
THERE MIGHT BE A WAY FORWARD --
WITH COMPLIANCE THAT DOES NOT
CREATE A PRIVATE RIGHT OF ACTION
BECAUSE I'M CONCERNED AS CENTER
ON BURKE AND OTHERS HAVE
DESCRIBED.
THIS IS RED MEAT FOR TRIAL
LAWYERS.
AND THIS IF WE'RE TALKING ABOUT
ON CLOGGING THE AG'S OFFICE WELL
WE'RE GOING TO TALK ABOUT
CLOGGING THE JUDICIARY.
THIS IS GOING.
TO ALLOW FOR A RAVENOUS FRENZY --
IF IT'LL IF IT MOVES FORWARD IN
THIS TYPE OF FORM BUT GOING BACK
TO WHAT YOU STATEDA CENTER
JACKSON.
YOUR INTENT IS NOT TO GO AFTER
THE LITTLE GUY IT IS TO GO AFTER
THE BIG GUY BUT ULTIMATELY WHAT
YOU WANT TO DO.
IS ACHIEVE CMPLIANCE NOT
PUNISHMENT.
AND SO IF THAT IS THE TRUE
SPIRIT OF THIS PROPOSED
LEGISLATION I THINK THERE'S A
WAY FORWARD.
OUR TO TO TO ACHIEVING THAT --
ONE OF THE IDEAS IS THAT IF WE
HAVE A THIRTY DAY -- REMEDY
PERIOD -- ONE OF THE THINGSTHAT
I'VE HEARD IN THE HALLWAYS WHICH
IS NOT INITIALLY ABOUT IDEA IS.
WE WANT TO MAKE CERTAIN THAT.
IN A PERFECT WORLD EXCEPT FOR ME
THAT THERE'S NO PRIVATE RIGHT OF
ACTION.
UNTIL THERE'S A MOMENT IN TIME
WE'RE COMPLIANCE HAS PROVEN
ITSELF TO BE UNACHIEVABLE.
NOW THAT'S NOT IN THIS PROPOSAL
RIGHT HERE.
THE OTHER THING IS I'M TERRIBLY
CONCERNED THAT A CONSTITUTIONAL.
OFFICER ORY DEPARTMENT WITHIN
THE STATE OF CALIFORNIA.
HE'S PREEMPTIVELY [inaudible]
SAYING THAT.
THAT DEPARTMENT SHOULD NOT BEAR
THE RESPONSIBILITY.
OF DOING WHAT THIS LEGISLATURE
TASKS IT TO DO.
LAST TIME I CHECKED THAT'S NOT A
THAT'S NOT A A A IN AN AUCTION
NORMALLY GIVE INTO DERRY'S
DEPARTMENTS OF GOVERNMENT.
OF FOR FOR IN THIS CASE THE AG'S
OFFICE AGES DOESN'T SEEM
APPROPRIATE THAT A GOVERNMENT
DEPARTMENT SAYS THIS IS TOO
COMPLEX BURDENSOME POLITICALLY
COSTLY.
AND I DON'T WANT MY HANDS DIRTY
BY IT I THINK THAT IS BAD POLICY
IF WE ALLOW THAT TYPE OF
PREEMPTION.
DIS TO WEIGH IN ON OUR POLICY
MAKING IT SHOULD BE BASED ON THE
MERITS.
AND OFF ALL CONCLUDE WITH WITH
WITH THIS THAT.
CENTER MONNING BROUGHT UP A
COUPLE OF VERY GOOD POINTS.
THAT GOING TO THE BALLOT IS MUCH
MORE CUMBERSOME THAN GOING TO
THE LEGISLATURE AND THERE'S AND
THERE'S AN APP OPPORTUNITY TO
REMEDY.
THAT'S MORE EASY TO RELATE TO
THE LEGISLATIVE PROCESS THAN THE
BALLOT THAT IS VERY TRUE.
I ALSO KNOW THAT WHEN PEOPLE SAY
THIS IS THE BEGINNING PIECE OF A
PIECE OF LEGISLATION.
I'VE HEARD THAT NOW GOING ON
THREE MONTHS IN MY LIMITED
TENURE HERE IN THE SENATE.
BUT IN THIS INSTANCE.
I BELIEVE THAT WE WOULD BE
BETTER SERVED IF.
YOU WOULD CONSIDER BRINGING THIS
ITEM BACK IN A REVISED FORM TO
THIS VERY BODY.
BECAUSE MOVING THIS ON TO THE
NEXT COMMITTEE I THINK IS GOING
TO SEND A SIGNAL AND FULLY IRATE.
INDIVIDUALS THAT -- IT PROBABLY
SHOULD BE OUR PARTNERS NOT
NECESSARILY OUR ADVERSARIES I
DON'T KNOW IF THAT SOMETHING
THAT YOU WOULD CONSIDER.
I'M NOT COMFORTABLE AT ALL
MOVING THIS ITEM FOR TODAY BUT
IF THERE WERE SOME SOME CHANGES
MADE -- I THINK IT'S I THINK
IT'S GOT REAL LEGS I THINK IT
COULD BE DONE IN A TRULY
pA THAT'S UP TO YOU NOT TO MOVE
THIS FOR BUT TO BRING THIS ITEM
BACK WITH A LITTLE BIT MORE --
OF FORETHOUGHT WELL OBVIOUSLY I
APPRECIATE THAT -- THE AS SHE
WILL FIND OUT -- AGENCIES WAY IN
ALL THE TIME ABOUT WHAT THEY
THINK THEY CAN AND CAN'T DO FOR
BETTER OR FOR WORSE.
OF FREQUENTLY WE LISTEN TO THEM
BECAUSE THEY KNOW THEIR LIMITS
BETTER THAN WE DO WHETHER THEY
DON'T HAVE ENOUGH PERSONNEL
WHETHER IT SEEMS TO BE BEYOND
THEIR EXPERTISE.
AS FAR AS MY GOAL IS TO CONTINUE
TO MOVE THIS BILL FORWARD.
AND IT WILL GO TO A NUMBER OF
OTHER COMMITTEES IN THE PROCESS --
WHERE THE OPPORTUNITY -- TO TO
CONSIDER IT -- TO CHANGE IT --
AS APPROPRIATE I AM COMMITTED TO
NEGOTIATING FURTHER AND TO I'M
OPEN TO THE SUGGESTIONS THAT
WE'VE HEARD TODAY -- I THINK
THAT -- I KNOW THAT TO FOR SOME
IT'S CRITICALLY IMPORTANT THAT
WE EXPAND THE PUBLIC -- OF
ENFORCEMENT MECHANISM -- I DON'T
SHARE WITH YOU THAT VIEW THAT
WITH THIS WILL JUST SIMPLY BE
RED MEAT AND AT THE COURTHOUSE
DOORS WILL FLY OPEN.
BUT I DO BELIEVE THAT THERE IS
ENOUGH CONCERN HERE SO THAT I AM
VERY OPEN TO FINDING OTHER
ALTERNATIVES IF THAT IN FACT IS.
IS A CONCERN THAT IS EXPRESSED
BY.
A NUMBER OF MY COLLEAGUES BUT I
DO WANT TO FIND THE ALTERNATIVE
I DO WANT TO FIND THE WAY YES.
YOU ARE CORRECT MY GOAL IS
COMPLIANCE.
MY GOAL IS PROTECTING THE
PRIVACY RIGHTS OF ALL
CALIFORNIANS AND SOMETIMES THAT
HAPPENS WHEN YOU SIT DOWN WITH
THE OF PEOPLE.
BUT WE KNOW THAT IN THE IN THE
THE WORLD OF FACEBOOK -- FOR
EXAMPLE -- THERE HAVE BEEN
PROMISES MADE AND PROMISES
BROKEN EVERY STEP OF THE WAY
INCLUDING SUCH OUTRAGEOUS THINGS
AS A PULLING IN FOR IT IN
INFORMATION -- THAT YOU OR THAT
DOES SOME OF THE WOMEN I WILL
USE THAT IN THAT EXAMPLE BECAUSE
IT'S SO FOR OFFENSIVE BUT IT IS
SO REAL.
SO IS THERE ARE WOMEN OUT THERE.
WHO ARE IN THEIR CHILDBEARING
YEARS?
WHO WOULD LIKE TO BE ABLE TO
INCREASE THEIR CHANCES OF
PREGNANCY AND SO ON A FITBIT
THEY WILL TAKE IN THEY WILL PUT
IN THEIR MENSTRUAL CYCLE AND THE
FITBIT WILL BE ABLE TO ADVISE
HIM AS TO WHEN THEY'RE OVULATING?
THAT INFORMATION IS NOW MADE
AVAILABLE TO FACEBOOK.
AND FACEBOOK KNOWS WHEN YOU'RE
OVULATING.
WHEN YOUR OVULATION STOPS THERE
FOR YOU ARE PREGNANT AND IT
STARTS FEEDING INFORMATION TO
WOMEN WHO ARE PREGNANT WHO MAY
NOT EVEN HAVE FACEBOOK ACCOUNTS?
FIVE INFORMATION ABOUT DIFFERENT
POLITICAL POINTS OF VIEW ON HOW
TO RAISE CHILDREN.
OF PRODUCTS TO BUY IN THIS IS
COMING TO PEOPLE WITHOUT EVEN
HAVING THIS THE FAINTEST CLUE.
THAT THEIR INFORMATION MOST
PERSONAL INFORMATION.
HAS BEEN GIVEN TO A COMPANY THAT
THEN USES IT TO THEIR FINANCIAL
ADVANTAGE AND THAT IS THE KIND
OF THING THAT WE'RE SEEING.
AND SO THERE IS A BALANCE THERE
SOMEWHERE I HOPE AND I ALSO
SHARE A SORT OF LIBERTARIAN
STREAK WITH YOU.
TO US SO I AM COMMITTED I AM
COMMITTED -- TO TO BRINGING A
TOGETHER I WOULD LOVE TO HAVE
THE STAKEHOLDERS COME HERE AND
TALK I CAN TELL YOU RIGHT NOW
THAT WHAT'S HAPPENING -- AND
WANTED TO SAY -- TO SENATOR
ALLEN.
I HAD MENTIONED EARLIER I DON'T
KNOW IF YOU WERE IN THE ROOM
THAT THERE ARE ANYWHERE FROM
EIGHTEEN TO THIRTY FIVE BILLS.
EIGHTEEN TO THIRTY FIVE BILLS
CURRENTLY IN THE LEGISLATURE BY
THE INDUSTRY'S TRYING TO CHANGE
THIS DEAL. TO SET THIS
SACROSANCT DEAL.
THEY DON'T LIKE IT AND SO THEY
WANT TO CHANGE IT.
AND MICHAEL HERE'S SIDE AS I
SAID.
IT IS NOT TO CHANGE THE
SUBSTANCE BUT TO MAKE SURE THAT%
WE ACTUALLY CAN ENFORCE THIS
ARRANGEMENT -- SO I APPRECIATE
YOUR CONCERNS I AM COMMITTED TO
CONTINUING TO WORK THIS MEASURE.
AND CERTAINLY APPRECIATE -- AND
WOULD LIKE TO ALSO REMIND THE
GOOD SENATOR WE HAD TO I THINK
OUR FIRST OR SECOND BILL TODAY
WHICH FEELS LIKE IT WAS --
STARTED YESTERDAY MORNING -- WAS
A BILL THAT COMPLETELY --
MODIFIES A MEASURE THAT WE
PASSED IN VOTED ON ANDALL
AGREED TO LAST YEAR BY SENATOR
WIENER.
BROUGHT BACK A BILL.
ON THE LPS ISSUE -- BECAUSE HE
DIDN'T LIKE THE BILL THAT
HAPPENED LAST YEAR.
AND WE HEARD HIM TODAY AND WE
MADE THOSE ADJUSTMENTS AND WE
PASSED OUT THE BILL BECAUSE IT
WAS BETTER THAN WHAT WE HAD.
AND I THINK THAT IF WE KEEP THAT
IN MIND.
AS WE MOVE FORWARD IN GOOD FAITH
TO TRY TO DEAL WITH THIS REALLY
SIGNIFICANT PROBLEM -- THAT IS
TAKEN OVER WE CAN COME TO A
RESOLUTION THANK YOU SENATOR
JACKSON'S -- WHAT CASKEY?
WE HAVEN'T HAD MANY.
WE HAVEN'T HAD MANY ISSUES ON
THE BALLOT BECAUSE IT'S JUST
BEEN VERY RECENTLY THAT WE HAVE
THAT.
WE PASS THAT LEGISLATION I THINK
WAS A BALLOT MEASURE YEAH TO
ALLOW.
THE GIVE US AN OPPORTUNITY TO
TRY TO RESOLVE THESE ISSUES IN
ADVANCE -- WORK OWSKI PLEASE.
SO I FOR A LOT OF IDEAS WHY I'VE
BEEN HERE I'M.
UNCOMFORTABLE WHERE I'M SITTING
RIGHT NOW BECAUSE I'M A ADVOCATE
FOR PRIVATE RIGHT OF ACTION.
BUT IS MY COLLEAGUES HAVE
POINTED OUT THIS IS A UNIQUE
SITUATION WITH THE INITIATIVE.
WE HAVE IS AS I LOOK AT OUR
CALENDAR WE HAVE TWO MORE
MEETINGS IN THIS COMMITTEE.
AND THEN THIS BILL GOES
APPROPRIATIONS SO IT'S NOT
DOUBLE REFER TO DISCLOSE THEIR
WHAT MIGHT YOU BE DOING.
WITH WE HAVE AN A SUGGESTION FOR
TO REDUCE REMOVE THE PRIVATE
RIGHT OF ACTION AND INSERT.
AN ABILITY FOR CITY ATTORNEYS
AND COUNTY ATTORNEYS AND DA'S TO
SEE YOU TO HELP OUT THIS.
STATE THE ATTORNEY GENERAL HE
TURNED GENERAL SAID WE'LL THINK
ABOUT THAT YOU SAID WILL THINK
ABOUT THAT.
OKAY THAT DOESN'T THAT DOESN'T
CHANGE THE BILL WHAT MIGHT.
WHAT WOULD BE THE THE THE HARM I
GUESS IF IF WE ALLOW TO IS THE
VICE CHAIR SUGGESTS TED AT LEAST
TELL US WHERE THIS IS GOING TO
GO WE DON'T WANT TO STOP THE
BILL BUT WE?
IT DOESN'T.
THEY WILL HAVE TO TAKE ACTION
TODAY I'M I'M UNCOMFORTABLE I'M
NOT PREPARED TO BE SUPPORTING IT
I DON'T KNOW WHERE WE'RE GOING
WITH THE GUIDANCE VERSES THE
OPINION LETTER I KNOW THAT
THERE'S BEEN TALK ABOUT IT BUT
THOSE.
THAT SAID.
THAT'S ANOTHER THING IN IN THE
RIGHT TO CURE WE HEARD SOME
COMMENTS ABOUT WE HAVE OTHER
EXAMPLES BUCK HERE IN A WE'RE
GOING TO THINK ABOUT IT.
I'M NOT ACTUALLY AS I SIT HERE
SAYING WHAT WITH THAT NEW
LANGUAGE LOOK AT THAT YOU'RE
WORKING ON SO.
MAYBE YOU CAN HELP ME OUT ON
THOSE ON THOSE TWO QUESTIONS
SENATOR IF -- I HEAD.
TO I KNOW THAT THIS BILL HAS
ENGENDERED AN ENORMOUS AMOUNT.
OF ALL PUSH BACK.
OF FROM A LOT OF PEOPLE WHO ARE
LOBBYING THIS BILL PROBABLY AS
WE'RE SITTING HERE.
I WOULD LIKE THE OPPORTUNITY TO
MOVE IT FORWARD -- I'M SURE THAT
THERE WILL BE FURTHER
DISCUSSIONS AND APPROPRIATIONS.
I'M SURE THERE WILL BE FURTHER
DISCUSSIONS ON THE FLOOR AND
THAT THE BILL IN ORDER TO PASS
WILL HAVE TO MEET.
THE POSITION OF TWENTY ONE
MEMBERS OF OUR HOUSE I KNOW THE
BILL WOULD THEN GO OVER TO THE
OTHER HOUSE IF IT DOES IN FACT
PASS.
THEY WILL GO THROUGH THE
JUDICIARY COMMITTEE THERE AND
PROBABLY THE PRIVACY COMMITTEE
THERE.
AND WE'LL GO THROUGH A NUMBER OF
ITERATIONS -- IF I OF THEM.
IF I A WAS -- CONFIDENT THAT WE
WERE OPERATING WITH ALL PARTIES
NEGOTIATING FROM POSITIONS OF
GOOD FAITH -- I WOULD FEEL A
LITTLE DIFFERENTLY BUT I AM VERY
WELL AWARE THAT -- THERE IS AN
ENORMOUS AMOUNT OF EFFORT TO TRY
TO KILL THIS BILL.
OF RIGHT HERE AND RIGHT NOW AND
THE ONLY WAY I'M GOING TO BE
ABLE TO SIT DOWN AND TO WORK
SOMETHING OUT IS IF WE KEEP THE
BILL MOVING.
AND AND THAT IS WHY I WOULD LIKE
THAT OPPORTUNITY TO DO IT I HAVE
MADE COMMITMENTS -- THAT I WILL --
DO EVERYTHING I CAN TO
ACCOMMODATE THESE CONCERNS I
HAVE INVITED -- AND WILK INVITE
ANYONE IS IN THIS ROOM WOULD
LIKE TO SIT DOWN TO BE PART OF
THOSE DISCUSSIONS AS WE GO
FORWARD. TO DO THAT.
WE HAVE A A HOLIDAY COMING UP WE
HAVE A COUPLE MORE HERE IS WE
HAVE FORTY BILLS COMING UP IN
OUR NEXT HEARING IF NOT MORE.
AND OVER THE NEXT FEW WEEKS AS
AS WE TRY TO WORK OUR WAY
THROUGH THIS CALENDAR WE ARE
GOING TO BE DEALING WITH.
DOZENS IF NOT HUNDREDS OF BILLS.
THIS IS THE TIME I BROUGHT THIS
FORWARD.
WE'VE HAD MANY CONVERSATIONS.
MORE THAN I THINK I'VE HAD AND
JUST ABOUT ANY OTHER BILL.
AND I THINK IT IS APPROPRIATE TO
SEE WHAT WE CAN DO TO MOVE THIS
THING FORWARD. TO WORK WITH
SENATOR UMBERG TO WORK WITH A
SENATOR COMING YEAR OLD BOTH
EXPRESS THEIR CONCERNS AND I'VE
COMMITTED TO WORKING WITH THEM.
AS I HAVE -- WITH -- SENATOR
ALLEN IS HIGH WILL WITH ANY OF
THE MEMBERSHIP BE HAPPY TO
CONTINUE CONVERSATIONS WITH THE
US SENATOR BORCHERS AS WELL THE
GOAL HERE IS TO KEEP THE BILL
MOVING AND TO TRY TO COME UP
WITH SOMETHING.
THAT WILL ULTIMATELY PASS
BECAUSE IF I CAN'T GET THE VOTES.
THE BILL ISN'T GOING TO PASS SO
I CAN'T GET THE VOTES ARE WON'T
BRING IT UP ON THE FLOOR.
BUT I WOULD LIKE THE OPPORTUNITY
TO KEEP THE BILL MOVING FORWARD
A BECAUSE I THINK THAT THAT IS
THE ONLY WAY WE'RE GONNA HAVE
SERIOUS NEGOTIATIONS RATHER THAN
EFFORTS JUST TO KILL THE BILL.
I THINK IT'S AN IMPORTANT
ELEMENT TO OUR ONE OF OUR ONE OF
INTRODUCED THIS THE ATTORNEY
GENERAL'S ASKED FOR AN
OPPORTUNITY TO WEIGH IN WHICH
SHE WAS NOT GIVEN DURING THE
NEGOTIATIONS.
AND SENATOR YOU WILL FIND THAT
THE AGENCIES THAT WE CALL UPON
TO DO ENFORCEMENT OR TO FOLLOW
UP ON WHAT WE'RE ASKING THEM WE
USUALLY BRING TO THE TABLE AND
ASKED THEM.
IF THEY ARE ABLE TO DO THIS OR
HOW WE CAN BETTER IMPLEMENT OUR
GOALS WITH THEIR ASSISTANCE THAT
DIDN'T HAPPEN HERE.
I'M NOT TRYING TO RELIVE THE OLD
THE OLD EFFORT.
BY WAS AS WE WERE SLAMMED AT THE
END THE SESSION THERE WAS A LOT
OF PRESSURE TO GET SOMETHING OUT
THERE -- BUT BY VIRTUE OF THE
WAY THE INDUSTRY IS BEHAVING NOW
THEY CLEARLY DIDN'T EXPECT THAT
THEY WERE GOING TO COMPLY WITH
IT BECAUSE THEY'RE OUT THERE NOW
TRYING TO CHANGE THE TERMS.
I'M LOOKING AT THIS BILL FRESH'S
IT IS.
AND TRYING TO FIGURE OUT A WAY
THAT WE CAN GET TO AN
ENFORCEMENT MECHANISM.
THAT WILL PUT SOME SOME SOME
TEETH INTO THIS BILL TO MAKE
SURE THAT THE CCPA IS ENFORCED
IN THIS STATE THANK YOU THANK
YOU VERY MUCH AND AND I'M GOING
TO BE -- HEADING OVER TO US
CENTER STERN AND THEN FINAL
COMMENTS BY CENTER ON BURKE --
BUT FIRST YOU'VE BEEN PATIENT
YOU'VE.
YOU'VE RAISE YOUR HAND TWICE
PROCEDURALLY -- I IT DOESN'T TO
EVOKE A A RIGHT TO SAY ANYTHING
BUT I'M ASSUMING I'M ASSUMING
THAT YOU'D LIKE TO COMMENT ON
HER INTEREST TO WORK WITH.
JOHN INDUSTRY FOLKS IS THAT WHAT
YOU'RE WHERE YOU'RE GOING
ABSOLUTELY CAN YOU COMMENT ON
THAT YES INDUSTRY AND BUSINESS
VERY MUCH WANT TO COMPLY WITH
THE STATUTE AND FIND WORKABLE
WAYS TO COMPLY.
THESE ISSUES ARE COMPLICATED
WE'VE HEARD THE EXAMPLE OF THE
FLOW ABBOTT BOTH AT THIS HEARING
AND AT THE MARCH FIFTH HEARING.
IMPORTANT UNDERSTAND THAT MANY
THE PLATFORMS HAVE TERMS THAT
PROHIBIT.
MOBILE APPS FROM UPLOADING THAT
KIND OF MATERIAL TO THEM.
HOW TO PLEASE THAT HOW BEST TO
ARRANGE THESE THINGS SO THAT
THERE IS AGAIN IF WE CAN ALL GET
AROUND A TABLE AND DISCUSS
THINGS SAID THAT IT'S NOT AN US
VERSUS THEM?
UNDERSTANDING THAT THOSE
ACTIVITIES BY ROW GAPS LIKE FLOW
ARE NOT ENDORSED NECESSARILY BY
LARGER ENTITIES ON AS THE WALL
STREET JOURNAL ARTICLE DISCUSSED.
WHAT I WANTED TO JUST SAY IS
THAT THERE IS A WILLINGNESS ON
THE PART OF BUSINESS TO WORK
WITH THE?
CHAIRMAN I JACKSON AND DO ALL
THAT WE CAN TO WORK WITH YOU
HERE TO ADDRESS THIS THESE
COMPLICATED ISSUES TOGETHER LIKE
IN THE EO.
AND JUST TO CLARIFY WE HAVE
ANOTHER MEETING IN TWO WEEKS AND
I'M ACTUALLY LOOKING AT I IN
FACT ALL THE T. WE HAVE ANOTHER --
JUDICIARY -- MEETING IN TWO
WEEKS IS THAT CORRECT THAT IS
CORRECT WE HAVE FORTY TO FIFTY
BILLS WELL OUT I WE SHOULD AND I
REALLY THAT SURE THAT ETERNITY.
AS THE TALKING ABOUT SIR.
IT'S IT'S MY PREROGATIVE I
REALLY DO WANT TO MOVE THIS BILL
I APPRECIATE YOUR CONCERNS -- A
GOD LOVE YOU FOR VOTE BUT I I
WANT TO MOVE THIS BILL AND I AM
COMMITTED TO WORKING ON IT AND I
ACCEPT THIS AS AN INVITATION.
BY THE OPPOSITION'S DOWN AND
HELP US THANK THANK YOU.
I WANT TO MAKE CERTAIN THAT --
WE DON'T ALLOW BAD POLICY TO
HAPPEN WHEN POLICY MAKERS PANIC
AS WELL.
SO CENTER STERN DID YOU HAVE
SOME COMMENTS -- THANK YOU
MISTER VICE CHAIR.
MADAM CHAIR -- WE'VE TALKED A
BUNCH ABOUT THIS I I SHARE YOUR
CONCERN WITH THE BAD FAITH SHOWN
BY SOME OF THE LARGEST COMPANIES
IN THIS COUNTRY THAT WE'VE COME
TO TRUST AND I WAS THERE.
BEFORE THERE WAS FACEBOOK AND
DURING WHEN IT BECAME SOMETHING
AND IT BECAME SOMETHING THAT WE
DIDN'T ANTICIPATED TO BE I THINK --
AND THE THOSE BREACHES OF GOOD
FAITH AT THE NATIONAL LEVEL OF
SHAKEN S. [inaudible]
SO.
YOU KNOW I APPRECIATE THE THE
ORIENTATION HERE TO STRENGTHEN
AND I THINK.
I THINK THE THE THE CONCERNS YOU
FOR TODAY ARE NOT EFFORTS TO
KILL THE BILL OR SOME.
ALLEGIANCE TO WHATEVER INDUSTRY
EVEN MEANS I HER NEWSPAPERS
TESTIFYING HERE TODAY HER NON
PROFITS TESTIFYING HERE TODAY.
I THINK IT'S ABOUT MECHANICS SO
I I GUESS I WANTED TO JUST
STRUCTURE MY QUESTIONS TO INTO
TWO PARTS ONE IS THIS THE
SUBSTANCE SOMEONE'S THE PROCESS
SO.
ON THE SUBSTANCE.
I I DIFFER A LITTLE BIT WITH
WITH MY COLLEAGUES CENTER --
BERGEN ALLEN IN TERMS OF THEIR
PREMISE SEEMS TO BE LET'S LET'S
TO YOU KNOW PUBLIC OFFICIALS.
NOT PRIVATE RIGHT OF ACTION.
AS A BETTER ENFORCEMENT TOOL
RIGHT TO THE THAT INCLUDES CITY
ATTORNEY'S D. A.'S -- WELL YES
SO BUT SO NOT JUST THE AG BUT
THEN OTHER LOCAL PUBLIC FAKE.
PUBLIC LAW ENFORCEMENT OFFICIALS
TO ENFORCE.
I'M I'M.
IT'S AN INTERESTING CONCEPT I'M
STILL WRESTLING WITH WHETHER
THAT'S THE BEST MECHANISM TO
PROTECT CONSUMERS.
VERSES THIS P. ARE A METHOD
YOU'VE GOT VERSES.
AYE AYE GDP OUR STYLE METHOD
WORD BASE EVE GUIDE I MEAN I
THINK IN IRELAND ALONE.
THERE'S THERE'S A THOUSAND
PEOPLE IN AN OFFICE I'M WORKING
ON GPR IMPLEMENTATION JUST FOR
THE U. K..
SO WANTED TO GET A LITTLE BIT OF
PERSPECTIVE EITHER FROM YOU OR
FROM THE AG'S OFFICE.
SAY THIS BILL DIDN'T BECOME LAW
AND THIS ONE HERE TODAY I JUST
LOOKED UP YOUR B. C. P. FOR THE
YEAR I THINK IT'S TWENTY THREE
POSITIONS THEY'VE BEEN ASKED.
FOR FORGET THE NUMBER HOW. FOUR
MILLION THREE MILLION SOMETHING
LIKE THAT SOME AS SPECIAL FUNDS
SOME OF THE GENERAL FUND -- THAT
WAS BASED ON A SORT OF
ANTICIPATION OF ESTIMATED THREE
CASES A YEAR TO PROSECUTE.
SO SAY THIS MORNING LAW LIKE HOW
HOW HOW WOULD C. C. P. A..
BE ENFORCED CURRENT [inaudible]
IN.
AND AND WHAT WHAT DO WHAT DOES
THE ATTORNEY GENERAL I GUESS
NEED TO GET THAT DONE.
UNDER THE CURRENT FRAMEWORK I I
RECOGNIZE THAT YOUR YOUR THESIS
HERE IS THAT THAT'S THAT IT'S AN
INSUFFICIENT METHOD AND YOU
DON'T HAVE ENOUGH.
HANDS OF THE TAYLOR TO TO MAKE
IT HAPPEN BUT I JUST I JUST WANT
TO GET A SENSE FROM YOU ALL LIKE
YOUR MADE.
YOUR MADE IMPLEMENTATION THAT
RIGHT YOU BUT WORKSHOPS YOU'VE
DONE INITIAL NOTICES SO.
BEYOND THAT TWENTY THREE I KNOW
WE'RE NOT BUDGET COMMITTEE BUT
WHAT DOES A WHAT DOES A
REGULATORY APPROACH LOOK LIKE.
SO.
WE JUST CLARIFY WITH THE TWENTY
THREE MEMBERS OF THE TWENTY
THREE POSITIONS THAT WOULD.
NO YOU'RE RIGHT OKAY THAT WAS
RIGHT.
ON THE TWENTY THREE POSITIONS
INCLUDES BOTH -- AN
INVESTIGATION FOR THE NATION'S
TEAMS OF STAFFING FOR
ENFORCEMENT BY DOING
INVESTIGATIONS AS AS WELL AS AT
LITIGATING VIOLATIONS OF THE CZ
PA.
AS WELL AS AN ADDITIONAL - A
NUMBER OF PEOPLE THAT WOULD BE
DOING ON GOING REGULATIONS
BECAUSE THE CCPA AUTHORIZED
TRAIN GENERAL TO DO REGULATIONS
ON AN ONGOING BASIS NOT JUST IN
ORDER -- TO PROMULGATE
REGULATIONS.
UNDER POINT.
ONE EIGHT FIVE FIVE DIED JULY
FIRST TWENTY TWENTY SO THERE WAS
A WITH A LITTLE BIT OF LOOKING
AT YOU KNOW A MULTITUDE OF
RESPONSIBILITIES AT THAT THE CPA --
ENTERS IN THE AG IN TERMS OF
MAKING SURE THAT WE CAN
ADEQUATELY ENFORCE.
IF I UNDERSTAND YOUR YOUR
QUESTION -- I THINK THE THE
ISSUE HERE IS THAT THERE'S FORTY
MILLION CALIFORNIANS.
AND THE SCOPE OF BUSINESSES THAT
THE CZ P. APPLIES TO IS
SIGNIFICANTLY LARGE.
AND SO IN ORDER -- TO TO TO HAVE
THE RESOURCES AND THE NEED TO
AVAILABLE TO ENSURE THAT
BUSINESSES ARE COMPLYING WITH
THE LAW ON BEHALF OF ALL THOSE
FORTY MILLION PEOPLE.
IT WOULD BE CAN A CONSIDERABLE
AMOUNT OF PEOPLE POWER RIGHT TO
MAKING SURE THAT.
THAT.
THAT THERE'S RESPONSES TO PUBLIC
COMPLAINTS OR WHISTLE BLOWERS OR
YOU KNOW INDEPENDENT
INVESTIGATIONS THAT MIGHT TAKE
PLACE AND FIND OUT THAT
COMPANIES ARE SELLING
INFORMATION WHEN WHEN.
CONSUMERS HAVE OPTED OUT FOR
EXAMPLE AND SO I THINK THAT THAT
THE THE THE REASON THAT THE
PEORIA SO IMPORTANT HERE IS
BECAUSE IT PROVIDES CRITICAL
ADJUNCT. TO DO WORK AT THE
ATTORNEY GENERAL SO YOU KNOW
THERE IT WOULD WORK IN PARALLEL
IN TERMS OF NSURING THAT THE
LAW IS ENFORCED AND IT ALSO OAK
PROVIDE FOR THAT THIS
GROUNDBREAKING LAW THAT
CONSUMERS NOW HAVE THE ABILITY
TO CONTROL.
HOW THEIR INFORMATION IS USED
AND AND WHETHER OR NOT A COMPANY --
CAN RETAIN INFORMATION BY
FACTORING THE RIGHT TO DELETE
AND WHATNOT.
YOU KNOW TO PROVIDE THOSE RIGHTS
AND THEN STATE BUT YOU CAN FORCE
THEM IF IF A COMPANY DOESN'T
COMPLY YOU KNOW THAT IS JUST
ALSO ABOUT FUNDAMENTAL FAIRNESS
AS WELL.
SO JUST TO GIVE A LITTLE BIT OF
OF MORE -- COLOR TO WHAT THE
TWENTY THREE POSITIONS ARE THAT
WE'RE SEEKING -- TO THAT THAT'S
IF I UNDERSTAND YOU CORRECTLY.
AND AND ALSO I JUST I DO WANT TO
POINT OUT THAT AND I MAY BE
WRONG I AM NOT AN EXPERT ON GPR
I'M SURE THAT.
THERE ARE MANY OTHER PEOPLE IN
THIS ROOM THAT PROBABLY COULD
SPEAK TO IT BUT I I THINK THAT
IN IRELAND IF I'M CORRECT THAT
THE DPA IS A HUNDRED AND TEN
PEOPLE FOR FOUR POINT EIGHT
MILLION POPULATION SO THAT THAT.
BACK PRESHOW INTERNET IN ITSELF
WAY UNDERSTAFFED WE AND OUR
STAFF HERE.
AND SO IS THERE ACTUALLY CAN YOU
FLESH THAT CAN ONE OF YOU FIRST
THAT YOU HAVE YOU HAD EXPERIENCE
WITH G. D. P. R. IMPLEMENTATION
YES.
SO IS IS IS THE TRAINING
GENERAL'S OFFICE RIGHT IN TERMS
OF JUST.
LEVEL OF WOMAN AND MAN POWER
BEING THROWN IT IMPLEMENTATION
RIGHT FEET THERE IS AN
INVESTMENT IN AN INCREASE IN THE
NUMBER THE DATA PROTECTION
AUTHORITY PROVIDES THREE THIRTY
OFFICES TO INCREASE STAFF. TO
DEAL WITH -- GPR AND AND AND
AGAIN THAT'S LED TO THE
COMPLAINTS CULTURE THAT THEY ARE
INCULCATED IN EUROPE WHERE
COMPANIES CAN GET THE NOTICE THE
ADVICE.
THE GUIDANCE THAT THEY NEED TO
BE ABLE TO IMPLEMENT THE LAW
BECAUSE THEY ULTIMATELY THE GOAL
IS TO COMPLY AND TO ARRIVE AT A
POINT WHERE THERE WE REACH A
COMPLIANCE CULTURE AS IT RELATES
TO THESE TOPICS.
GUIDANCE IS NEEDED PARTICULARLY
WHEN YOU'RE TALKING ABOUT ENTIRE
INFRASTRUCTURE NEW BUSINESS
SYSTEMS THAT NEED TO BE PUT IN
PLACE ON AN ENTERPRISE WIDE
LEVEL GLOBAL LEVEL.
SO THESE ARE AS IMPORTANT STEPS
TO TAKE TIME AND COMPANIES ARE
GOING THROUGH IT VERY
THOUGHTFULLY I AS I MENTIONED IN
MY OPENING I TRAINED OVER
FIFTEEN HUNDRED BUSINESS AGAIN
EXECUTIVES.
AT CONFERENCES ACROSS THE
COUNTRY THEY ARE FLOCKING TO
UNDERSTAND THIS LAW AND TO
FIGURE OUT HOW TO IMPLEMENT IT
AND FRANKLY YOU KNOW WE HAVE
TEAMS HAVE SEVENTY PEOPLE IN OUR
PRIVACY DATA SECURITY GROUP AT
AT PERKINS COOLEY.
WE HAVE TEAMS OF US TRYING TO
UNDERSTAND ALL OF THE
INTRICACIES TO THE SO THAT WE
CAN PROPERLY ADVISE CLIENTS NOT
AS A WAY TO GET AROUND THE LAB
IS A WE TO COMPLY IN THE SPIRIT
OF CULTURAL COMPLIANCE.
THEY WERE DISCUSSING AND AND
WITH ALL DUE RESPECT I'M
ACTUALLY I'M NOT EVEN WORRIED
ABOUT THOSE FOLKS I'M WORRIED
ABOUT THE FOLKS WHO CAN'T AFFORD
YOU.
EXACTLY AS HE MAKES IT WORSE FOR
THEM SO YOU KNOW TO CREATE THE
GUIDANCE THAT GUIDES CAN BE USED
FOR SMALL BUSINESSES INDIVIDUALS
TO LEARN UNDERSTOOD SO.
JACKSON I JUST HEARD MADAM CHAIR
I'M SORRY -- I KNOW USE YOU
EXPRESSED OPENNESS ON THIS THIS
OTHER STRATEGY CITY ATTORNEY.
D. A THAT SEVENTEEN TWO HUNDRED
CONCEPT THIS REGULATORY APPROACH
THOUGH AND MAYBE IT'S NOT IN D.
O. J. PER SE I MEAN I I'VE BEEN
THINKING ABOUT DEPARTMENT OF
BUSINESS OVERSIGHT.
IS THEIR OPENNESS.
TO THINKING ABOUT THAT ARE YOU
ARE YOU WON'T.
IS YOUR SORT OF PREMISE THAT --
THERE NEEDS TO BE A SORT OF A
LITIGATION BASE FRAMEWORK TO
REALLY MAKE INFO FOR CEMENT WORK
HERE MY MY PREMISE AND MY GOAL
IS TO ENSURE COMPLIANCE.
AND SO IF THERE'S A WAY WE CAN
DO THAT FOR EXAMPLE OFFICE OF
BUSINESS OVERSIGHT I CAN ASSURE
YOU DOESN'T HAVE.
DOESN'T HAVE THE THE ABILITY TO
DO THIS BUT AND IN TO CREATE A
NEW -- THE A NEW MECHANISM MAY
BE DOABLE OR NOT.
BUT WE DO HAVE CERTAIN THINGS
THAT ARE AVAILABLE TO CERTAIN
TOOLS THAT ARE AVAILABLE TO US
NOW.
THAT I WANT TO EXPLORE BOB
BECAUSE ENFORCEMENT IS
CRITICALLY IMPORTANT I SUSPECT
MANY COMPANIES DO WANT TO COMPLY --
BUT LIKE ANYTHING IF YOU DON'T
HAVE.
THE INCENTIVE.
OR AND AND YOU DON'T HAVE THE
CONSEQUENCES MOST BUSINESSES
OPERATE ON A RISK ANALYSIS.
IS THERE A RISK ASSOCIATED WITH
MY NOT COMPLYING -- IN IF THE
ANSWER IS NO THEN WE'RE NOT THIS
LIKELY TO GET COMPLIANCE AS WE
ARE IF THERE IS A LEGITIMATE
RISK IN THAT RISK WOULD BE.
LITIGATION THAT RISK COULD BE
REGULATION WHICH I THINK WE'RE
GOING TO GET ANYWAY THE AGE SHE
IS WORKING ON REGULATION.
SO THAT'S YOU KNOW IT'S NOT THE
WILD WEST -- BUT I'M CERTAINLY
OPEN TO AND I WOULD BE HAPPY TO
TALK WITH THE OPPOSITION ABOUT A
METHOD THEY FEEL WOULD GET US TO
THE GOAL WHICH IS TO GET
COMPLIANCE.
AND I'M NOT JUST FOR THE BIG
GUYS RIGHT I MEAN NO NOT FOR THE
NO NO NO NO NO.
SO SO I CAN TELL YOU WE'VE DONE
THIS I I WILL USE AS A SIMPLE
ANALOGY WHEN I DID MY
LEGISLATION ON EQUAL PAY.
THERE WAS THIS BIG CONCERN WHAT
IS SHIP MEAN WE'VE GOT ALL THESE
DIFFERENT RULES AND WE'VE GOT
DIFFERENT CRITERIA.
WE BROUGHT TOGETHER ALL THE
STAKE HOLDERS AND WE NOW HAVE A
A WORKING OF VIABLE.
A PROCEDURE BY WHICH COMPANIES
BIG AND SMALL.
CAN GET THATKIND OF DIRECTION
THROUGH EGGS EXISTING.
OF AN EXISTING FRAMEWORK THAT
WAS CREATED WITH THE
STAKEHOLDERS COMINGTOGETHER --
WITH A A NUMBER OF THE DIFFERENT --
BUSINESS SHOULD COMMUNITY THE
CHAMBER GOT INVOLVED IN IT AND
OTHERS.
AND I LIKE I LIKE THAT IDEA TO
WORKING AND I WOULD BE HAPPY TO
CONSIDER THAT BUT THERE IS ALSO
AN ILL -- AND IMPLEMENTATION
MECHANISM THAT EXISTS IN PERHAPS
THAT'S WHERE WE LOOK AT CITY
ATTORNEYS AND DH THERE HAS TO BE.
THERE HAS TO BE A VIABLE WAY TO
ENFORCE.
AND AND THAT'S WHAT WE'RE
LOOKING AT HERE I ALSO WANT TO
POINT OUT THAT YOU KNOW THE
ATTORNEY GENERAL THAT THE
PRIVACY UNIT SITS IN THE
CONSUMER THE CONSUMER LAW
SECTION.
THAT WE ARE WERE TASKED WITH
ENFORCING STATE AND FEDERAL.
CONSUMER PROTECTION LAWS AS IT
RELATES TO CALIFORNIANS PRIVACY
AND ALTHOUGH.
I SUPERVISE A A SMALL TEAM OF
MODEST TEAM WITHIN THE UNIT --
YOU KNOW WE HAVE BROUGHT ACTIONS
AGAINST COMPANIES FOR VIOLATING
THOSE RATES -- SINCE THE
INCEPTION OF THE OF OF THE UNIT
WAS CREATED AND SO ENFORCEMENT
IS A A VERY IMPORTANT WAY OF
ENSURING THAT BUSINESSES DO
COMPLY BECAUSE THEY KNOW -- THAT
DAY THEY ARE THEY IT PROVIDES
FOR BRIGHT LINE RULES I AGREE
THAT'S WHAT WE WANTED YOU TO DO
IT.
THAT'S WHY WE ARE.
THANK YOU VERY MUCH.
SO I MEAN YOU SAID YOU
ANTICIPATED RALLY THESE THREE
CASES A YEAR.
IS.
IS THAT BASED ON WHAT DID YOU
BASE THAT ON DO YOU THINK THERE
WILL BE MORE THAN THREE CASES A
YEAR THAT ARE LEFT.
AND AND THAT THAT WAS SORT OF
WHAT YOU COULD HAVE.
AGAIN I THINK WHAT WE DID WITH
YOU WE LOOKED AT YOU KNOW THE
WORK OF THE CONSUMER LAW SECTION
OVERALL IN TERMS OF HOW IT'S YOU
KNOW.
LOOKING AT WHAT LAWS HAVE BEEN
VIOLATED AND AND YOU KNOW TRY TO
ESTIMATE BASED ON HOURS --
LOOKING BACKWARDS IN TERMS OF
WHAT THE HOURS THAT WE SPENT ON
SIMILAR CASES AND FORCING
STATUTES THAT THIS TYPE OF SCOPE
AND BREATH.
I'M LAST POINT LAST QUESTION THE
SUBSTANCE FOR YOU ALL AND THANK
YOU FOR YOUR INDULGENCE -- IS IS
ABOUT THE THE ACTUAL SCOPE OF
THE OF THE VIOLATIONS
CONTEMPLATED HERE BECAUSE I KNOW
THAT.
WHAT WE ALL AGREED TO IN THE C.
C. P. A. IS BREACH BASED YOU
KNOW SOARED INJURY TRIGGERED --
IN ENFORCEMENT.
AND AND BY STRIKING THAT THAT
PROVISION IN.
WHATEVER IT IS -- SEVENTEEN
NINETY EIGHT ONE FIFTY SEE -- AN
OPENING IT UP WHAT WHAT WHAT NEW
WHAT NEW KINDS OF BAD ACTIONS ET
DO YOU THINK WILL CAPTURE HERE
THE BEYOND.
BREACH AT THERE WERE SOME
ANECDOTES MENTION ABOUT.
THAT WELL THERE ARE INSTANCES
WHERE FOR EXAMPLE PEOPLE --
THERE'S THEIR OPT OUT PROVISIONS
ARE OFTEN PROVISIONS WHAT IF
THEY'RE NOT IF THE COMPANIES ARE
IGNORING THOSE -- THOSE
REQUIREMENTS FOR SOMEONE OP
SOUTH NAY STILL CONTINUE TO USER
INFORMATION OR THE YOU KNOW
THERE ARE A NUMBER OF DIFFERENT.
ASPECTS TO THIS AND WHAT THE THE
GOAL IS TO PUT THE BREACHES ARE
ONE THING AND THEY'RE COVERED
AND AND I DON'T THINK THERE'S
ANY.
THAT IT THOSE ARE WHAT THEY ARE
THE THE QUESTION IS ALL THE
OTHER THINGS THAT ARE NON BRIDGE
RELATED HOW DO WE ENFORCE THOSE
THINGS -- SO THAT IS SO THAT
CONSUMERS ARE ASSURED WHEN THEY
DO IN FACT OPT OUT THAT THEY ARE
IN FACT OPTED OUT.
AND AND THAT THOSE AREN'T
NECESSARILY EASY THINGS. TO TO
ASSURE HAND AGAIN THE GOAL IS TO
RESPECT THE WHEN CONSUMERS
ACTUALLY DO ASSERT THEIR RIGHTS
THEY HAVE TO BE RESPECTED.
HE JIM DID YOU HAVE A COMMENT
YET.
ANOTHER EXIT DO YOU HAVE A DO
YOU HAVE A COMMENT YEAH I JUST
HAD ONE EXAMPLE AND OPENING UP
THE STEPS PRIVATE RIGHT OF
ACTION TIãU.
KUN AND SERVE TINY ERRORS AS A
GOTCHA THAT WILL CREATE MUNIS
CLASS ACTIONS FOR COMPANIES ONE
EXAMPLE.
LIKE WHAT'S A GOTCHA ONE EXAMPLE
IS HOW.
TO CATEGORIZE DIFFERENT VENDORS
WEATHER SO THE NOTICE PROVISIONS
IN SEVENTEEN NINETY EIGHT POINT
ONE HUNDRED OR SEVENTEEN NINETY
EIGHT POINT.
ONE TEN TALK ABOUT PROVIDING
NOTICE ON IT AND WHEN TEN TALKS
ABOUT PROVIDING NOTICE OF THIRD
PARTIES THAT DATA IS SHARED WITH
WILL VENDORS CAN BE THAT IF
THEY'RE PROVIDING SERVICES MAY
ALSO BE CONSIDERED.
A SERVICE PROVIDER THE
DEFINITION OF SERVICE PROVIDER
OVERLAPS WITH THE DEFINITION OF
A PERSON IN SEVENTEEN NINETY
EIGHT POINT ONE FORTY W. TO THAT
PROVIDE SERVICES SO.
IF THE IF BACK AT THE RANCH THE
COMPANY DOES NOT CATEGORIZE THAT
VENDOR IN THE SAME WAY THAT A
CLASS ACTION ATTORNEY.
BOB DOES THEY MIGHT VERY WELL
FIND THEMSELVES IN A SITUATION
WHERE THERE'S A RUINOUS CLASS
ACTION AT THE RATES OF TWENTY
FIVE HUNDRED OR SEVENTY FIVE
HUNDRED DOLLARS PER VIOLATION.
AND IF YOU WERE TO TAKE THAT
JUST TAKE THE MAGNITUDE REALLY
IS ENORMOUS IN TERMS OF THE
EXPOSURES THAT COMPANIES COULD
FACE FOR THAT KIND OF THE THING.
THAT SECURING AND THEY'LL BE
TOLD FOOD THROUGH THE REGULATORY
PROCESS AND ALL HOW THEY
VIOLATED THAT THAT'S THE WHOLE
POINT IS TO CLICK TRY TO CLEAR
THIS UP AND AND I THINK THAT
THAT JUST LENDS FURTHER GRAVITY
THIS BROADER EFFORT WE'RE GOING
TO GO THROUGH THIS LEGISLATURE
THIS YEAR'S.
IF WE'RE GOING TO GO BEYOND JUST
PREACH AND WE'RE GOING TO ADD
SOME NEW ENFORCEMENT THIRTY WE
BETTER BE DARN SURE THAT
EVERYONE IS VERY CLEAR ABOUT
WHO'S IN WHO'S OUT.
WHAT THE THRESHOLD ON A SMALL
BUSINESS WHO ISN'T EXPOSED TO X.
Y. AND Z. -- EXACTLY WHAT IS A
SERVICE PROVIDER OR SALE OF
INFORMATION I THINK YOU
MENTIONED UNAUTHORIZED SALE
RIGHT I MEAN WHAT IS THAT P. I.
N. SO.
I I'M I'M ACTUALLY.
I I CAN SEE A REALLY POSITIVE
CONVERSATION ACTUALLY EMERGING
OUT OF THIS WHERE YOU'VE GOT
THIS PIECE THERE'S OTHER CLEAN
UP EFFORTS GOING ON AND
HOPEFULLY WE GET TOWARDS THAT SO.
THAT'S ALSO ON THE SUBSTANCE
JUST ON THE PROCESS -- IN YOUR
MIND IS THIS.
IS THIS WITHIN ARE YOU TRYING TO
MOVE IS WITHIN THE SPIRIT OF THE
DEAL WE MOVED LAST YEAR OR IS
YOUR PREMISE THAT.
THE DEAL WE STRUCK LAST YEAR'S
INSUFFICIENT AND THIS HAS WE
HAVE TO DO SOME OF IT GOES
BEYOND RIGHT NOW WE TRYING TO
ARGUE WITHIN THE LANES OF THE C.
C. P. A.'S INTENT ARE YOU SAYING.
YOU KNOW WHAT.
THAT WAS LAST YEAR IT'S NOT
ENOUGH WE GOT TO DO SOMETHING
NEW WELL AS I THINK AS I SAID
EARLIER THE THE THE SUBSTANCE OF
THIS ARRANGEMENT.
IS VERY DIFFERENT TO WHAT I
WOULD HAVE WANTED AND IS SENATOR
MONNING SO ELOQUENTLY PUT IT I
WOULD HAVE WANTED EXACTLY THE
REVERSE OF WHAT WE'VE GOT.
BUT THAT WAS THE VOTE WE TOOK
LAST YEAR.
I AM NOT TRYING TO TOUCH THE THE
THE WORKINGS OF THE CCPA I JUST
WANT TO MAKE SURE THAT WE HAVE A
VALID ENFORCEMENT MECHANISM I'M
LEAVING.
AGAIN I AM.
I'M NOT A BIG FAN OF THIS DEAL
BUT I AM NOT TRYING TO CHANGE
THE STEEL THIS BILL THAT I
BROUGHT TODAY IS JUST SOMETHING
TO ASSURE THAT WE CAN PROPERLY
ENFORCED THE DEAL THAT WAS MADE.
AND THAT'S THAT IS WHAT I'M
TRYING TO DO.
YOU DON'T THINK THAT HAVING
LIABILITY FOR THINGS BEYOND
PREACH CHANGES THE DEAL NO.
I THINK WHAT IT DOES IS IT
ENFORCES IT THERE ARE THERE ARE
TERMS THE DEAL THIS THIS BILL
CALLS FOR SPECIFIC KINDS OF
BEHAVIOR.
IT'S AS WHAT YOU CAN AND CAN'T
DO.
WHAT GOOD IS THAT IF YOU CAN'T
ENFORCE IT?
AND THAT IS A TRULY HAVING A
RIGHT WITHOUT A REMEDY AND
THAT'S THAT'S WERE THAT IS WHAT
THE STE.
THAT IS THE WHOLE INTENT AND IF
YOU WILL SPIRIT OF THIS
PARTICULAR PIECE OF LEGISLATION
AND I I HAVE MAYBE MORE FAITH IN
THE THE ATTORNEY GENERAL THAN --
THAN THEY DO IT PRESENT IN THEIR
ABILITY TO GO PROVIDE THAT
REMEDY BUT I JUST WANT TO BE
CLEAR AND IF WE'RE GOING TO VOTE
TODAY.
WHAT IT IS WERE VOTING ON THEIRS
IT'S A IT'S IT'S BEEN ACTUALLY I
THINK A REALLY CONSTRUCTIVE
CONVERSATION A LOT OF IMPORTANT
IDEAS FLESHED OUT APPRECIATE
YOUR OPENNESS?
TO BUT THIS IS A BIG THIS IS A
BIG DEAL AND YEAH I THANK.
YOU FOR GOING WITH THE P.
ALREADY APPROACH THAT'S
COMPLETELY DIFFERENT FROM
SEVENTEEN TWO HUNDRED WHICH IS
COMPLETELY DIFFERENT FROM --
SHOULD A G. P. R. STYLE DPA
APPROACH.
I DON'T KNOW WHAT I'M VOTING ON
HERE.
WELL.
I THINK WHAT YOU'RE VOTING ON IS
THE BILL THAT'S BEFORE YOU WITH
A COMMITMENT THAT WE WILL
CONTINUE TRYING TO WORK TO
CREATE.
AN ENFORCEMENT MECHANISM THAT IS
GOING.
TO MEET THE THE EXPECTATIONS ON
THE REQUIREMENTS OF THIS BILL.
AND THAT IT'S GOING TO BE
SOMETHING THAT IS GOING TO GAIN
THE SUPPORT OF AT LEAST TWENTY
ONE PEOPLE ON THE SENATE SIDE.
AND AT LEAST FORTY ONE PEOPLE AS
IT GOES THROUGH WHATEVER
ITERATIONS IT WILL GO THROUGH IN
THE ASSEMBLY SIDE WE HAVE TO
KEEP THIS CONVERSATION GOING WE
NOW HAVE SOMETHING THAT THE
EIGHT WITH THAT WE'VE GIVEN TO
THE AG THE AG SAYS IT ISN'T
WORKABLE. FOR FOR HIM TO DO ALL
THESE VARIOUS THINGS BUT THE AGE
SHE IS ALSO WILLING TO LOOK AT
OTHER OPTIONS AND THAT'S WHAT
WE'RE GONNA DO THAT'S THAT'S A
COMMITMENT I MAKE.
AND I THINK IT'S CRITICALLY
IMPORTANT THAT WE MOVE THIS
FORWARD SO THAT WE END UP.
MEETING THE EXPECTATIONS OF 94%
OF CALIFORNIANS WHO WANT THEIR
PRIVACY RIGHTS PROTECTED.
AND AND WITH THAT I WOULD TO SO
I THINK THE START CENTER STERN.
YEAH THAT WAS JUST THE ONE LAST
POINT IS I'M WITH THAT 94% I
THINK THE DISCUSSION IS HOW BEST
TO DO IT.
AND AND THE THING THAT WOULD
MAKE ME A LOT MORE COMFORTABLE
TAKING A VOTE IS TO HEAR FROM
THE ATTORNEY GENERAL WHAT WHICH
APPROACH IT IS.
HE WANTS TO PURSUE IF IT SEEMS
LIKE THIS IS THE POSITION OF HIM
AND HIS OFFICE WAS THE AUTHOR
THAT WE'RE GOING.
TO APPROACH ENFORCEMENT HERE.
AND WHAT BY PHONE TODAY WERE
SAYING THAT'S THE DEAL.
AND THEN WE'LL SEE WHAT HAPPENS
DOWN THE LINE I JUST DON'T I
DON'T UNDERSTAND THE RUSH LIKE
WHITE WHITE THAT ISN'T THAT
ISN'T A DEAL THAT ISN'T THE DEAL
THE DEAL IS AT THE AGE SHE IS
COMMITTED TO LOOKING INTO THE
POSSIBILITY OF A SEVENTEEN TWO
HUNDRED OPTION.
IT'S WILL LOOK AT OTHER OPTIONS
I WILL BE HAPPY TO SIT DOWN WITH
THE OPPOSITION.
AND TRY TO WORK SOMETHING OUT IF
THEY ARE WILLING TO DO THAT BUT
TO SIMPLY SAY THIS IS TOO
COMPLICATED IT'S JUST NOT AN
ANSWER.
THIS MAN WHAT WHY NOT TAKE A
BREATH FIRST SECOND WORK ON ALL
THIS LOOK AT THE DPA APPROACH IF
THAT'S NOT A GOOD IDEA FINE TOSS
IT IS SEVENTEEN TWO HUNDRED AS
PROBLEMS WITH IT OR DOESN'T WORK
IN A SMAL BUSINESS TOSS IT BUT
LIKE LET'S.
I I'M ASKING WHAT WE'VE WHAT
WE'VE DONE TODAY IN A NUMBER OF
DIFFERENT COMMITTEES WITH
DIFFERENT AUTHORS INCLUDING THE
AUTHOR OF THIS PARTICULAR BILL.
ASKING FOR THE OPPORTUNITY TO
KEEP WORKING WITH THE WITH THE
VARIOUS INTEREST GROUPS SO THAT
WE CAN KEEP THE BILL MOVING FOR
WE CAN KEEP THE CONCEPT MOVING
FORWARD.
SO THAT WE CAN END UP WITH
SOMETHING THAT IS GOING TO MEET.
THE REQUIREMENTS OF THIS
LEGISLATURE BECAUSE I NEED
TWENTY ONE VOTES TO GET A BILL
OFF THE FLOOR.
I AM MORE THAN HAPPY TO KEEP
WORKING TO TRY TO FIND THAT
SWEET SPOT AND THAT IS THE
COMMITMENT I MAKE TO TODAY.
THANK YOU A SENATOR STERN I
THINK GROUND WE HAVE OUR FINAL
TO LISTEN MALES WANT TO CHIME IN
FINAL -- TO JUST CLOSING CLOSING
COMMENTS I PROMISE.
SO A COUPLE THINGS ONE ONE I
THINK WE ALL AGREE THAT
SOMETHING HAS TO BE DONE WE
CAN'T JUST.
AVOID A RESPONSE BILLION DO
NOTHING TO IT'S VERY COMPLICATED.
CRITICAL YOUR EXAMPLE OF THE
FITBIT OF THE WOMAN WEARING A
FITBIT IS A CLEAR ILLUSTRATION
OF HOW IMPORTANT IT IS THAT WE
ADDRESS THIS ISSUE. THREE THAT
YOU'RE FLEXIBLE IN THE AG'S
FLEXIBLE -- AND I MADE A
COMMITMENT TO YOU SENATE JACKSON
MADAM CHAIR I SAID THAT THIS
BILL IS GOING TO MOVE FORWARD
WITH WITH MY VOTE WE'RE GONNA
KEEP THIS PROCESS GOING YOU AND
I'VE HAD.
A FEW CONVERSATIONS AND I INTEND
TO KEEP THAT COMMITMENT -- BUT
ONE THEY HAVE ALSO OBSERVED AND
PERHAPS I NEED TO BE HERE A BIT
LONGER.
IS THAT THERE'S TREMENDOUS
EXPERTISE ONE ON THIS COMMITTEE
INTO IN STAFF AND WITH THE AG.
AND THAT.
IT MAY BE BEST [inaudible]
TO EXERCISE -- A LITTLE BIT OF
OF CAUTION.
IN WAIT UNTIL WE EMPLOY THIS
EXPERTISE ONE MORE TIME.
SO A DESK THAT YOU'D THINK ABOUT
I TOLD ME TO KEEP MY COMMITMENT
THINK ABOUT.
ALLOWING US TO COME BACK AT THE
NEXT HEARING WE'RE NOT GOING TO
FIX ALL THIS HENRY STEARNS
SENATOR STERN'S GRANDCHILDREN
GONNA BE WORKING ON THIS ISSUE --
SOME DAY -- SO WE'RE NOT GOING
TO FIX IT IN A WEEK OR SO BUT
BUT IT LEASE SO THAT WE CAN TO
CENTER STERN'S POINT -- SEE WHAT
DIRECTION SO.
HAVING SAID THAT.
THANK YOU TURNED BACK OVER THE
VICE CHAIR -- SENATOR MONNING.
THANK YOU AND I JUST HAVE A
QUESTION.
YEAH AS DRAFTED.
THE BILL REQUIRES A CONSUMER TO
OPT IN. TO RECEIVE CERTAIN
PROTECTIONS.
IF THAT CONSUMER IS DAMAGED.
IN HIS NOT OPTED IN TO BE
PROTECTED.
DO THEY HAVE ANY REMEDY.
SO WE TALK ABOUT A LITTLE BIT
DIFFERENTLY WE DON'T WE DON'T
THEY OFTEN WITH A REQUEST TO OPT
OUT AND AND IT'S IT'S A LITTLE
BIT.
THUNDERBOLT BUT AT THIS POINT
THE CONSUMER COULD NOT.
BRING A PRIVATE ACTION UNLESS
THERE IS A INVOLVING A BREACH OF
THEIR PERSONAL INFORMATION AND
SPECIFICALLY TIED TO CERTAIN
DATA POINTS.
AND THAT THE THE CONSUMER WOULD
HAVE TO SHOW -- THAT THAT BREACH
WITHIN DUE TO NEGLIGENCE.
THE MECHANISM FOR ENFORCEMENT
WOULD BE ALTERNATIVELY IF THE AG
WERE LOOKING AT THE COMPANY TO
SEE IF THEY HAVE VIOLATED THE
LAW AND SO IN THAT RESPECT.
THE WOULD NOT HAVE TO SHOW
ANYTHING IN TERMS OF CONSUMER
HARM.
SO THE CONSUMER ONLY HAS REDRESS
WITH RELATION TO PREACH IN A
NARROW SCOPE -- FOR THE PURPOSES
OF THE CPA AS IT'S WRITTEN RIGHT
NOW NOT.
NOT NOT CONSIDERING THE AMENDED
LANGUAGE AND FIE SIXTY ONE
AGAIN THROUGH THE CHAIR I THINK
YOU HAVE A CLARIFICATION YES YES
I JUST WANTED TO CLARIFY CCPA IS
NOT AN OPT IN IF THE RIGHTS THAT
ARE IN THE KNOW THE RIGHT.
OF NOTICE ACCESS AND SO FOR
THOSE EXISTENCE SO I JUST WANT
TO CLARIFY WITH THE DO NOT SELL.
THERE'S AN OP RIGHT TO OPT OUT
FOR ADULTS AND THEN FOR CHILDREN
BUT COMPANIES ARE PROHIBITED
FROM A CLASS SELLING INFORMATION
WITHOUT PARENTAL CONSENT SO I
JUST WANNA MAKE IT CLEAR WE'RE
NOT TALKING ABOUT OFTEN LIKE
EUROPE.
THANK A BIT ON THAT THAT NARROW
AREA OF SELLING OF INFORMATION.
THE CONSUMER HAS TO TAKE AN
AFFIRMATIVE STEP TO OPT OUT
THAT'S RIGHT TO EXERCISE THEIR
CHOICE AND DEMONSTRATE THEIR
CHOICE.
TO OPT OUT AND THAT WILL BE THEN
HONORED BY COMPANIES THAT IS
DIFFERENT THAN THE EUROPEAN
SYSTEM.
ACTION IS THIS IS IS OFTEN IN
EUROPE YES THANK YOU VERY MUCH.
THANK YOU.
ALRIGHT I THINK THAT -- IS
DRYING -- THIS CONVERSATION TO
TO A CLOSE -- I THINK WE'VE
HEARD FROM -- EVERYONE BY IN THE
AUDIENCE WE'VE HEARD FROM THE
MAKER OF THE THE THE ITEM --
THERE'S SAID.
I WILL I WILL PROBABLY END.
I WILL PROBABLY END JUST JUST
WITH THIS THAT -- THAT WE'VE
HEARD FROM THE MAKER OF THE
LEGISLATION.
SO I THINK WE'VE HEARD FROM THE
MAKER OF THE LEGISLATION THAT
THERE ARE SIGNIFICANT PIECES OF
DEVELOPMENT THAT NEED TO OCCUR.
TO MAKE THIS I THINK -- BETTER
WORKING MODEL.
THAT. TO DATE THIS DRAFT DOES
NOT.
MOVE FORWARD IN A SUSTAINABLE
WAY -- I THINK THERE ARE FAR TOO
MANY UNCERTAINTIES THEY'RE FAR
TOO MANY FUNDAMENTAL CHALLENGES
THAT ARE OUTSIDE THE TRADITIONAL
LEGISLATIVE.
EVOLUTIONARY PROCESS -- I WOULD --
AND CERTAINLY WELCOME -- THE
MAKER OF THIS LEGISLATION -- TO
TO MEET WITH THE INTERESTED
PARTIES WHO HAVE EXPRESSED
SINCERE WILLINGNESS FROM WHAT I
UNDERSTAND -- AND IF IT IS
INDEED.
BY THE THE INTENT OF THE MAKER
TO ACHIEVE COMPLIANCE.
I THINK THAT THERE'S A WILL
THERE'S A WAY FORWARD -- BUT I
THINK AT THIS POINT WE'RE GOING
TO HAVE -- TO LISTEN TO A A
MOTION IF SOMEONE IS INTO IN IS
INTENDING TO MAKE.
ONE AND ALSO I THINK -- THERE'S
ALWAYS THE OPPORTUNITY TO DECIDE
TO BE BROUGHT BACK WITH
SIGNIFICANT REVISIONS AT THE
NEXT AVAILABLE MEETING AND IT'S
ALMOST CERTAIN THAT THE CHAIR
WOMAN.
WOULD BE INTERESTED IN HAVING
THIS ITEM RETURN SHOULD BE
REQUIRED.
BUT WITH THAT.
DO WE HAVE A A A MOTION.
IS THE HE IS THE AUTHOR GONNA
MAKE A CLOSING STATEMENT I'D
LIKE TO HEAR THAT -- CERTAINLY
WHERE I CONSIDER MAKE.
OKAY THANK YOU -- I AM COMMITTED
TO WORKING ON THIS BILL.
I AM COMMITTED TO DEALING WITH
ALL THE CONCERNS THAT HAVE BEEN
ADDRESSED I WANT TO KEEP IT
MOVING SO THAT WE WILL HAVE ALL
THE PARTIES AT THE TABLE -- AND
I THINK THAT THE WAY THIS
PROCESS WORKS THAT -- CERTAINLY
I HAVE ALREADY GOTTEN A
COMMITMENT FROM A NUMBER OF
PEOPLE HERE AND GIVEN MY
COMMITMENT THE ATTORNEY GENERAL
HAS GIVEN HIS COMMITMENT.
AND WITHOUT -- IT IS MY HOPE
THAT WE CAN KEEP THIS
CONVERSATION GOING I AM
DELIGHTED THAT THE OPPOSITION
WOULD LIKE TO SIT DOWN I'M.
VERY INTERESTED IN WHAT THEY
PROPOSE -- AND WITH THAT I WOULD
RESPECTFULLY ASK YOUR AYE VOTE.
THANK YOU AND I BELIEVE WE HAVE
A SO SO.
YOU JUST SAY THAT TIME.
WHEN I AM PREPARED TO MOVE IT
TODAY?
IN THAT WOULD BE MY MOTION.
BUT I JUST HAVE TO SAY THAT THAT
THERE'S A GRAVE CONCERN ABOUT
THE CONDITION THAT IT'S AN AND I
APPRECIATE THAT IF IT CONTINUES
IN THIS CONDITION.
THEN UNEQUIVOCALLY I WILL BE A
NO BECAUSE I JUST DON'T THINK
IT'S THE RIGHT.
THE RIGHT DIRECTION I THINK THAT
WE'VE HAD SOME GREAT INPUT HERE
TODAY -- I'M WILLING TO SIT DOWN
AND HAVE THE CONVERSATION AND I
THINK THE INDUSTRY IS AS WELL
THERE'S SOME SOME POSSIBLE
SOLUTIONS THAT HAVE BEEN
SUGGESTED -- I I LIKE SOME MORE
THAN OTHERS AND WE'VE TALKED
ABOUT THIS I KNOW YOU WON'T BE
SURPRISED BY IT BUT BUT THERE IS --
I REALLY LIKE THE IDEA OF OF
EVERY BODY FEELING LIKE THERE'S
AT A DIRECTION THAT WE'RE GOING
IN.
THAT PROVIDES ADVICE THAT
PROVIDES -- SOME SOME
OPPORTUNITY FOR PEOPLE TO KNOW
WHERE THEY FIT ON ON THE SCALE
BOB AND I THINK THAT THE MORE
THAT WE SPEND TIME WORKING ON IT
THE BETTER WE'RE GOING TO GET
THERE SO -- WE HAVE A I LONG
COME COMMITMENT.
WE HAVE A GREAT COMMITMENT FROM
THAT EIJI AND AND YOURSELF TO
WORK ON IT AND SO I MAKE THE
SAME COMMITMENT SO I'M I'M MOVE
THAT WE UNDERSTAND IT'S NOT
GOING TO END UP LOOKING LIKE
THIS.
THAT'S THE ONLY REASON I WOULD
BE WONDERSTRUCK AND AGREE TO AND
I APPRECIATE THAT I LOOK FORWARD
TO CONTINUING TO WORK ON THIS.
WITH -- IT ALL THE STAKEHOLDERS
AND SEE WHAT SEE IF WE CAN'T
COME UP WITH SOMETHING THAT'S
GOING TO WORK FOR EVERYBODY.
OR AT LEAST FOR A TO HAVE PEOPLE
THAT WE CAN I DON'T KNOW THAT
WE'LL EVER GET EVERYBODY ON
BOARD AS WAS SAID THE CENTER
STORAGE GRANDCHILDREN MIGHT BE.
STILL -- DEALING WITH THIS BUT
RIGHT NOW WE'RE DEALING WITH IT
AND I WOULD ASK FOR YOUR IPHONE.
OKAY.
SO WE HAVE A MOTION TO PASS IT
TO SENATE APPROPRIATIONS --
OUTSIDE WE'LL FIND OUT THE
RESULTS OF THIS ON THERE MAY BE
A SECOND MOTION AFTERWARDS BUT
COMMITTEE SECTOR WE PLEASE CALL
THE ROLL.
THE MOTION IS TO PASS THE SENATE
APPROPRIATIONS JACKSON HI
JACKSON AYE A BORDERS NO BORDERS
NO ALAN.
ALLEN AYE AYE CABALLERO.
CABALLERO AYE MONNING.
MORNING ICE STERN.
STERN I BURKE.
NUMBER FIVE AYE CASKEY NO MY
COUNTY NO
-- IS THE VICE CHAIR
WILL LEARN WE HAVE TO CALL THE
VOTE SIX TO TO THE THE MEASURE
PASSES I'VE GOT TO LEAVE SO I'M
GOING TO ASK THE VICE CHAIR TO
PLEASE.
CALL THE ABSENT MEMBERS I'VE GOT
A FAMILY EMERGENCY I HAVE TO
TEND [inaudible]
TO NO [inaudible]
NOT HERE.
SO WITH YOUR TUTELAGE.
WE NEED TO GO THROUGH CONSENT
FIRST [inaudible]
OKAY.
WHAT DO WE DO THIS?
OKAY WE'RE GONNA START WITH THE
CONSENT CALENDAR -- SECRETARY
[inaudible]
ALAN.
ALLEN HI MONNING.
MONNING EYES STERN.
STERN I WAKE HEALTHY.
LIKE HEALTHY I OKAY.
WITH WITH WITH THE IN NOW WHAT
IS THIS EIGHT ZERO THAT WOULD BE
A TWO ZERO ALRIGHT MOVING ON TO
THE NEXT ITEM.
FILE ITEM NUMBER ONE SB FORTY BY
WIENER.
AND SECRETARY WOULD YOU CALL THE
ROLL.
ALAN.
ALLEN I'M MONNING.
MONNING AYE STERN.
STERN I AM BURKE.
NUMBER FIVE WHAT CASKEY.
I CASKEY I EIGHT ZERO THAT WOULD
BE EIGHT ZERO ON ITEM NUMBER TWO
BILL SB.
THAT'S THE ONLY [inaudible]
THAT MEASURE.
THE MEASURE OUT OKAY.
ALL RIGHT -- MOVING ON TO ITEM
THREE SB -- ONE SEVEN NINE OR
TWO WAS.
THAT'S OKAY -- ISN'T ON YEAH
NUMBER FOUR NUMBER FOUR OKAY.
MOVING ON TO SB -- ONE EIGHT
SEVEN SECTOR OF PURCHASE
[inaudible]
HI. FOR JUST I EIGHT ZERO IT'S
ABOUT.
EIGHT ZERO MOVING ON TO ITEM --
FIVE SB. TWO OH EIGHT ZERO ZERO
OUT.
ITEM SIX SB [inaudible]
TO TO TO GORGEOUS.
CABALLERO.
CABALLERO I SEVEN TO ZERO OUT.
ITEM SEVEN SB [inaudible]
TWO TWO NINE GORGEOUS.
IN THIS YEAR. SEVEN TWO ZERO OUT.
NUMBER.
EIGHTY ODD NUMBER EIGHT SB.
THREE NINE TWO GORGEOUS NO OR
JUST NO CABALLERO.
COVER EURO I AM BERG.
NUMBER FIVE LIKE HEALTHY.
LIKE HEALTHY I SEVEN ONE SEVEN
TWO ONE OUT.
WE'RE NINE NUMBER.
NINE NUMBER.
TEN NUMBER -- TEN ITEM NUMBER
TEN SB.
FIVE SEVEN EIGHT GORGEOUS I
WE'RE JUST I HAVE A HERO.
CABALLERO I AM BURKE.
NUMBER I Y. CASKEY.
A SEVEN ZERO SEVEN TO ZERO OUT
[inaudible]
NUMBER -- ITEM TWELVE SB
[inaudible]
SIX ONE SIX GORGEOUS. ZERO ZERO
I SEVEN ZERO OUT.
SB [inaudible]
SIX ONE NINE GORGEOUS. ZERO
COPYRIGHT BY. SEVEN ZERO OUT
[inaudible]
WE'RE TING.
SB.
SIX THREE EIGHT GORGEOUS
[inaudible]
CABALLERO.
CABALLERO AYE MONNING.
MORNING I AM BURKE.
NUMBER I Y. CASKEY.
HI MY COUNTY I SEVEN ZERO OUT.
LAST ONE IS.
SIXTEEN SB [inaudible]
SEVEN FOUR ONE GORGEOUS
[inaudible]
NOW.
GORGEOUS NO CABALLERO.
HI BUREAU AYE UMBERG.
NUMBER FIVE WHY CAL SKI.
MY COUNTY I SEVEN ONE SEVEN A
ONE OUT -- WE'LL.
SEND.
BILL OKAY DO WITH THEIR THE
JOURNAL.
ALL RIGHT MEETING IS ADJOURNED