COMMITTEE IF THAT'S ALRIGHT.
YOUR TO GO THAT SOUNDS GOOD
THANK YOU.
GOOD MORNING WELCOME TO THE
SENATE THE LABOR PUBLIC
EMPLOYMENT AND RETIREMENT
COMMITTEE.
OF THANK YOU FOR BEING HERE THIS
MORNING FOR WEDNESDAY APRIL
TWENTY FOURTH HEARING -- WE HAVE
A NUMBER OF ITEMS ON THE AGENDA
WE DO HAVE A SPECIAL ORDER ITEM
THAT WOULD BE ITEM NUMBER ONE SB
TWO THIRTY EIGHT BY -- SENATOR
GROWTH OF PLEASE COME FORWARD WE
WILL BEGIN AS A SUBCOMMITTEE OF
THE COMMITTEE.
AND INTO WE CAN ESTABLISH A
QUORUM AND THEN WE WILL.
BE A FULL COMMITTEE SO PLEASE.
AND WHAT I WILL ALSO BE DOING
TODAY IS.
TO LIMIT OUR TESTIMONY ON EACH
SHOT SIDE TO SIX MINUTES.
SO WE CAN DO SIX MINUTES ON THE
SIDE AND THEN HAVE ME TO USE
AFTER THAT IT WOULD BE MUCH
APPRECIATED IT'S OF THE AGENDA
SO THANK YOU.
THANK YOU MISTER CHAIRMAN THIS
IS MY OPENING STATEMENT WHICH
SHALL BE READY.
IF YOU CAN DO THAT SIX MINUTES
ALL OF IT.
M..
THESE SIGNATURES THAT WE
GATHERED THAT.
ACROSS THE STATE OF CALIFORNIA
SO THANK YOU MISTER CHAIR AND
MEMBERS ALLOWING ME TO PRESENT
THIS BILL THIS MORNING.
SB TWO THIRTY EIGHT IS SOMETHING
THAT'S VERY IMPORTANT AND THAT
VERY NEAR AND DEAR TO MY HEART
IN THE REASON WHY IS BECAUSE
INDEPENDENT CONTRACTORS THAT
WORK UNDER.
AS THE THE DECISIONS THAT WERE
MADE INTO THE SUPREME COURT ARE
GOING TO BE AFFECTED CRAP
THROUGHOUT THE STATE WHEN YOU
LOOK AT THE DYNAMICS DECISION.
IN APRIL TWO THOUSAND AND
EIGHTEEN THE SUPREME COURT
ISSUED A DECISION.
IN A CASE THAT CHANGE THE WORK
LIFE FOR MILLIONS OF
CALIFORNIANS DEPARTING FROM A
THIRTY YEAR OLD BLOCK.
THE DYNAMICS DECISION CREATED A
NEW TEST TO DETERMINE WHO IS AND
IS NOT A CONTRACTOR.
MILLIONS OF CALIFORNIANS ARE
AFFECTED BY THIS DECISION AND I
THINK IT'S AN CAMPAIGN TEMP ON
US IN THE LEGISLATURE TO COME UP
WITH A FAIR AND EQUITABLE.
A PIECE OF LEGISLATION THAT
BENEFITS ALL EMPLOYEE IS AND NOT
CREATE CARVE OUT.
THERE'S DOCTORS INSURANCE AGENTS
ENGINEERS SOFTWARE DEVELOPERS.
SINCE CONSULTANTS AND ARTISTS
SUMMER HERE TODAY TO TESTIFY.
IT'S THE COLLEGE STUDENT WHO
WORKS AFTER CLASS TO AFFORD THE
HIGH COST OF HOUSING THE HAIR
STYLIST WHO SETS THEIR OWN
APPOINTMENTS RENTS THEIR BOOTH
THERE CHOOSES TO SET THEIR OWN
WORK HOURS.
NEARLY HALF OF ALL MILLENNIALS
47% OF MILLENNIALS WORK ON WHAT
WE CALL A SIDEKICK -- ON THE GIG
ECONOMY AND SEVENTY FIVE PER 79%
OF INDEPENDENT CONTRACTORS FOR
TO WORK IN THIS -- WORK
ENVIRONMENT THE ONE SIZE FITS
ALL EMPLOYMENT TEST IS NOT AND
CANNOT APPLY TO CALIFORNIANS WHO
DEPEND ON THIS TYPE OF IN CÃM.
AND WE NEED TO PROVIDE
FLEXIBILITY IN THE WORK SPACE SO
THE EMPLOYEES CAN DETERMINE WHAT
TO DO WHEN THEIR OWN HOURS WERE
WANTING TO BE SET.
IN ADDITION TO THE IMPACT OF THE
DECISION IT'S PROSPECTIVELY I AM
ALSO VERY CONCERNED ABOUT THE
GREAT CONCEPT.
THE RETROACTIVE APPLICATION SO
YOU HAVE TO THINK ABOUT THAT
EMPLOYERS FOLLOWED THE RULES THE
WAY THE LAW WAS WRITTEN AND THEN
THIS.
THIS DECISION COMES INTO PLACE
AND THEN NOW EMPLOYERS WE
EFFECTIVE FOR FOUR YEARS PRIOR
EVEN THEY WERE FALLING THE
EXISTING LAW IN THE BEGINNING.
THIS IS JUST A POT OF GOLD FOR
LITIGATION ATTORNEYS THAT ARE
GOING TO FILE LAWSUITS AGAINST
EMPLOYERS FOR FOLLOWING THE LAW
AS IT WAS IN IT WAS IN PLACE
WHEN THEY WERE DOING IT.
SB TWO THIRTY EIGHT WOULD MODEL
CALIFORNIA'S INDEPENDENT
CONTRACTOR TESTS FOR FOR WAITING
OUR ISSUES ON A MULTI FACTOR
ECONOMIC REALITY TEST.
AND IT'S ALREADY BEING USED BY
THE UNITED STATES DEPARTMENT OF
LABOR SO WE PISSING CONSISTENT
WITH -- FEDERAL LAW.
AND CONFORMING BY THE FEDERAL
RULES IN DETERMINING EMPLOYMENT
STATUS SB TWO THIRTY EIGHT WOULD
HAVE ADDED BENEFIT EASING
COMPLIANCE FOR BUSINESSES THAT
ARE ALREADY STRUGGLING TO COMPLY
WITH DIFFERENT SOMETIMES
CONTRADICTORY RULES UNDER THE
HARD WORKING CALIFORNIANS AN
INDEPENDENT CONTRACTORS --
TAKING AWAY THEIR FREEDOM AND
FLEXIBILITY AND FORCING THEM
BECOME EMPLOYEES IS NOT
SOMETHING THAT'S BENEFICIAL
WHICH I THINK YOU'LL HEAR MOST
IMPORTANTLY FROM THE WITNESSES.
SO I'M GONNA STOP THERE AND
INTRODUCED ME WITNESSES AND
ALLOW THEM TO SPEAK I'LL START
WITH THOMAS ME A MILLENNIAL.
WHO IS GOING TO SHARE HIS?
MORRELL IS GERMANY WITH ME MY
NAME IS THOMAS MAY AS YOU
ALREADY KNOW I'M TWENTY THREE
YEARS OLD I WORK HERE IN
SACRAMENTO IS A FINANCIAL
PLANNER -- AND I REALLY ENJOY
WHAT I DO I GET TO YOU KNOW WORK
WITH DIFFERENT PEOPLE EVERY DAY --
I GET TO EDUCAT PEOPLE AND AND
ONE OF THE IMPORTANT THINGS I'M
WHERE I DECIDED TO BASE MY
PRACTICE WAS.
THE ABILITY TO NOT BE STUCK WITH
ONE COMPANY -- IN THE STRUCTURE
I HAVE NOW I AM ABLE TO WORK
WITH MORE THAN FORTY OR FIFTY
DIFFERENT COMPANIES WHERE THE
HAS TO DO WITH LIFE INSURANCE
ANNUITIES WEALTH MANAGEMENT --
ESTATE PLANNING IN MY FEE BASED
BUSINESS THAT HAS TO DO WITH
FINANCIAL PLANNING ITSELF.
MY CONCERN WITH THIS BILL IS
THAT -- THIS WILL HELP -- YOU'RE
PROTECTED THAT WAY IF I'M
RESTRICTED FROM BEING ABLE TO
WORK WITH MORE THAN FORTY
DIFFERENT COMPANIES.
I BECOME A CAPTIVE AGENT AND THE
WAY THAT I WORK.
I DON'T SEE THAT IS BENEFICIAL
TO THE END USER SO PART OF THE
VALUE THAT I BRING IS THAT I CAN.
EVALUATE SOME A SITUATION AND
THEN GO SHOPPING THE MARKET
PLACE TO MAKE SURE THAT THEY GET
THE BEST THING POSSIBLE SO -- I
THINK IT'S REALLY IMPORTANT AND
I'M ABLE TO DO THAT -- WITH ALL
MY DIFFERENT CLIENTS AND KEEP
THE FLEXIBILITY MY SCHEDULE I
REALLY ENJOYED BEING ABLE TO NOT
ONLY SET MY OWN HOURS -- BUT BE
ABLE TO SEE CLIENTS LATE AT
NIGHT JUST LAST WEEK I HAD TO
CLIENTS I SAW EIGHT AND NINE PM
IN MY OFFICE IN SACRAMENTO AS AN
HOURLY EMPLOYEE I WOULDN'T BE
ABLE TO FLEX MY SCHEDULE. FOR
THOSE INDIVIDUALS THAT ARE THE
IT DOES THEMSELVES MARRIED
COUPLES THAT WORK ON HOURS THEY
DON'T HAVE TIME TO MAKE IT
BETWEEN EIGHT AND FIVE LIKE A
NORMAL BANK WOULD OFFER TO YOU --
AND SO I THINK THAT'S REALLY
IMPORTANT AS WELL -- THAT WE BE
ABLE TO KIND OF PROTECT THAT WAY.
BEYOND NOT BEING ABLE TO GROW MY
BUSINESS -- YOU SOME OF THE
RULES OF COME THAT MAKE IT
REALLY UNCLEAR ON HOW.
I MIGHT BE ABLE TO HIRE PERSONAL
SYSTEM TO FUTURE OR SOMEONE THAT
MIGHT SET APPOINTMENTS OR HELP
BRING MEETINGS FOR ME IF I WANT
TO BRING ON A JUNIOR -- SO THOSE
THINGS ARE A VERY BIG CONCERN TO
ME AS WELL AS SOMEBODY WHO'S
MAYBE ONLY TWO YEARS INTO THEIR
CAREER -- BUT WOULD LIKE TO BE
HERE FOR ANOTHER THIRTY AND BE
ABLE TO GROW IN.
SOUTH THANK YOU MISTER MAY NICK
MISTER WITNESS OF GOOD MORNING.
MORNING.
MY NAME IS NICK HILL I REPRESENT
THE KERN COUNTY BLACK CHAMBER OF
COMMERCE.
WE ALL KNOW THAT BEING AN
INDEPENDENT CONTRACTOR ALLOWS
YOU THE FREEDOM AND THE ABILITY
TO DO -- A LOT OF DIFFERENT
THINGS BUT ONE THE MAIN POINTS
THAT I'M SURE YOU'LL AGREE WITH.
IN THE AFRICAN AMERICAN
COMMUNITY YOU KNOW YOU HAVE A
HIGH RATE OR CRY.
AND A LOT OF AFRICAN AMERICANS
HAVE RECORDS AND THINGS LIKE
THAT AND SOME MAY NOT BE ABLE TO
GET.
GAINFUL EMPLOYMENT THEY CAN GET
A JOB.
BUT THEY CAN'T GET A CAREER
[inaudible]
SO IF.
YOU GUYS THESE PEOPLE. TO MAKE
SURE THAT THEY CAN START A
BUSINESS OF THEIR ALL.
BECOME INDEPENDENT CONTRACTOR IT
ALLOWS THEM ABILITY TO GET BACK
ON THE RIGHT PATH.
ALSO IT WOULD ALLOW THEM.
TO GAIN -- MORE EQUIPMENT SO
THEY CAN HIRE MORE PEOPLE UP AND
USE MORE PEOPLE ON ON ON THESE.
EVENTS THAT THEY DO AND ALSO --
THE TERROR THAT PIPELINE TO
PRISON.
YOU KNOW BECAUSE LIKE IF YOU.
GIVE ALTERNATIVES -- TO HOW
WOULD YOU SAY OFFENDERS EX
OFFENDERS AND THINGS LIKE THAT
WELL IF ONCE YOU GIVE THEM THAT
ALTERNATIVE YOU KNOW YOU'RE.
ALLOWING THEM TO GO BACK INTO
THE COMMUNITY AND SERVE AS A
CITIZEN.
AGAIN SO -- THE OTHER THING
WOULD BE. 95% OF AFRICAN
AMERICAN BUSINESSES ARE SO
PROPRIETORS SO WITH THAT BEING
SAID.
THIS WILL BE A DETRIMENT TO THEM
AS WELL IF THEY ARE SENATE BILL
TWO THIRTY EIGHT DOES NOT PASS.
AND AS FAR AS OTHER MEMBERS OF
OUR CHAMBER AND EVERYTHING ELSE
LIKE THAT IF WE'RE THERE TO HELP
THEM PROMOTE THEIR BUSINESS
EXPAND YOUR BUSINESS AS YOU KNOW --
ENTREPRENEUR IS -- INDEPENDENT
CONTRACTORS -- THEN.
THAT WOULD AFFECT US DEEPLY AS
FAR AS WHAT WE CAN DO FOR OUR
MEMBERS.
AND IF.
WE ARE HOW WOULD YOU SAY.
IN THE BUSINESS OF HELPING
PEOPLE.
AND IF THIS BODY.
IS IN THE BUSINESS OF HELPING
PEOPLE.
I THINK YOU SHOULD SEE A WAY
WHERE YOU WOULD LAW.
TO MAKE SURE THAT SB TWO THIRTY
EIGHT PASSES BECAUSE IT JUST
LIKE -- ANY OTHER BUSINESS.
THAT YOU HAVE HERE IN IF YOU.
NURTURE YOUR BUSINESS AND YOU
ROW YOUR BUSINESS IN A LIKE
WITH ME I'VE BEEN INDEPENDENT
CONTRACTOR FOR THE LAST TWENTY
YEARS MYSELF.
I HAVE A SEVENTEEN YEAR OLD AND
A NINETEEN YEAR OLD.
I HAVE ENTERTAINMENT THIS IS
THAT MEANS THAT.
NOW THAT I'M OLDER THAT BUSINESS
IS GOING DOWN TO THEM.
YOU KNOW I STARTED A CONSULTING
BUSINESS MYSELF SO THAT MEANT
THAT NO MIGHT MIGHT I CAN CARRY
ON MY BUSINESS MY LEGACY.
WITH MY CHILDREN.
AND SO THAT THAT MEANS THAT THEY
ARE WILL HAVE A LEG UP SO TO
SPEAK AS FAR AS BEING PRODUCTIVE
IN THE COMMUNITY AS WELL THANK
YOU MISTER DEAL JUST WANT TO
BE SENSITIVE TO THE TIME AND
LOOK AT THE TRUTH IS THAT.
GRADUATION THANK YOU.
THANK YOU FOR BEING HERE TODAY.
I'LL BE BRIEF THANK YOU MISTER
CHAIR SEAN LEWIS WITH THE
NATIONAL FEDERATION OF
INDEPENDENT BUSINESS NFIB.
REPRESENTING ABOUT TWENTY
THOUSAND SMALL BUSINESS OWNERS
ACROSS THE STATE I HERE IN
STRONG SUPPORT OF SENATE BILL
TWO THIRTY WHICH WOULD PROVIDE
CRITICALLY IMPORTANT RELIEF AND
CLARITY NOT ONLY TO THOUSANDS.
OF NFIB AND SMALL BUSINESS
OWNERS IN GENERAL NOT ONLY WHO
UTILIZE INDEPENDENT CONTRACTORS
IN THEIR BUSINESS MODELS BUT
MANY OF WHICH WHO ARE THEY
THEMSELVES INDEPENDENT
CONTRACTORS WE ALL KNOW HOW WE
GOT HERE ABOUT ALMOST EXACTLY A
YEAR AGO -- THE CALIFORNIA STATE
SUPREME COURT UNDID DECADES OF
PRESIDENT BY INVALIDATING A LONG
STANDING MULTI FACTOR BOUNCING
TEST TO DETERMINE WHETHER A
WORKER WOULD BE CLASSIFIED AS AN
EMPLOYEE.
VERSES INDEPENDENT CONTRACTOR
UNFORTUNATELY IN THIS ONE
DECISION DYNAMAX -- THE SUPREME
COURT LEGISLATIVE FROM THE BENCH
WITH NO PUBLIC INPUT OR PROPER
LEGISLATIVE DUE DILIGENCE AND
REACH ALL THE WAY ACROSS THE
COUNTRY TO MASSACHUSETTS TO
ADOPT AN INCREDIBLY RIGID.
ABC THREE FACTORS HAS WHICH IS
SIMPLY ON WORKABLE OFFER SO MANY
SMALL BUSINESSES AND
ENTREPRENEURS.
AND THE KEY TO THIS TEST IS THAT
THAT WERE WORKER MUST MEET ALL
THREE A. B. AND C..
SENATE BILL TWO THIRTY EIGHT
WOULD -- PROVIDE OF CRITICALLY
IMPORTANT MULTI FACTOR BOUNCING
TEST SIMILAR BAROLO BUT ACTUALLY
MUCH MORE ROBUST SO TO BRIDGE MY
COMMENTS I'LL BE BRIEF AND SAY
THAT SENATE BILL TWO THIRTY IS
CRITICALLY IMPORTANT OUR MEMBERS.
BUT SMALL BUSINESSES IN GENERAL
AND WE WE VERY MUCH SUPPORT
THANK YOU CENTER FOR INTRODUCING
IT THANK YOU VERY MUCH MISTER
LEWIS I APPRECIATE THE THE
TESTIMONY AND OF FOR ALL OF YOU
BEING HERE THIS MORNING OF NOTE
THOSE IN -- THOSE OTHERS IN
SUPPORT PLEASE COME TO THE MIKE
PHONE AND IF YOU COULD STATE
YOUR NAME AND IF THERE'S AN
ORGANIZATION OR AFFILIATION THAT
YOU HAVE -- AND WHAT AND THAT
YOU SUPPORT THE BILL WOULD
APPRECIATED THANK YOU GOOD
MORNING GOOD MORNING MY NAME'S
ERIC BUYER OF A LOCAL ATTORNEY
ON A LAW FIRM WE DO BUSINESS LAW
AND I'M.
DEFINITELY SUPPORT OF SENATE
BILL TWO THIRTY EIGHT THANK YOU
VERY MUCH.
GOOD MORNING THE MORNING MY NAME
IS JOHN GRZYMA CARICATURIST BY --
EDUCATOR FOR FIFTEEN YEARS IT
SHOWS THIS PATHWAY TO BE AN
INDEPENDENT CONTRACTOR BECAUSE
IT GAVE ME TIME WITH MY THREE
CHILDREN -- AND ALSO AN
OPPORTUNITY TO OVER FOR MY
TALENTS NOT ONLY FOR MYSELF BUT
FOR MY FELLOW ARTISTS AND THE
DEFINITIONS OF THE PROPOSAL IS
SOMETHING I'M IN SUPPORT OF
THANK YOU THANK YOU VERY MUCH
OTHERS IN SUPPORT.
GOOD MORNING THE MORNING MY NAME
IS MAYBE HE I'M A RETIREE FROM
THE GOVERNMENT SECTOR.
AND I'M INDEPENDENT CONTRACTOR
SO HELP ME WITH SOME.
SUPPLEMENTAL INCOME FOR THE
FAMILY AND AND I'M IN SUPPORT OF
SB TWO THIRTY THANK YOU VERY
MUCH.
OTHERS IN SUPPORT PLEASE.
STATE YOUR NAME IN LIGHTS MY
NAME IS MIKE TOUGH FINALE AND I
AM AN INDEPENDENT CONTRACTOR IN
THE FIELD OF EVENT ENTERTAINMENT.
BASICALLY I'M I'M A PARTY
CARICATURE ARTIST AND I AM IN
STRONG SUPPORT OF THE S. P. --
TWO THIRTY EIGHT TO MAINTAIN MY
STATUS AS AN INDEPENDENT
CONTRACTOR THANK YOU VERY MUCH.
OTHERS IN SUPPORT ANYONE.
RIGHT THOSE WHO ARE HERE IN
OPPOSITION PLEASE COME FORWARD.
WE NEED A THANK YOU [inaudible]
GOOD MORNING.
SO AS WE DID ON THE SUPPORT THE
THE PRESENTATION. FOR LESS.
THANK YOU MISTER CHAIR NUMBERS I
CAITLYN VEGA FOR THE CALIFORNIA
LABOR FEDERATION WE ARE HERE IN
OPPOSITION.
I'M I WANT TO BEGIN WITH WHAT'S
AT STAKE WHEN WORKERS GET
MISCLASSIFIED WHEN YOUR
CLASSIFIED AS AN INDEPENDENT
CONTRACTOR -- BUT YOU ARE
PROPERLY AN EMPLOYEE WORKING FOR
SOMEONE.
YOU LOSE OUT ON VIRTUALLY EVERY
LAW THAT THIS LEGISLATURE AN AXE
TO PROTECT WORKERS.
I WAS STRUCK BY THE COMMENTS
ABOUT PEOPLE WITH A CRIMINAL
RECORD.
THIS LEGISLATURE HAS ENACTED
LAWS TO PROTECT PEOPLE WITH
CRIMINAL RECORDS FROM EMPLOYMENT
DISCRIMINATION WITH AN ACTIVE
LAW TO PROTECT PEOPLE FROM.
OTHER CREDIT REPORTS BEING USED
TO DENY THEM EMPLOYMENT.
LAWS TO REQUIRE WILL PAY MINIMUM
WAGE WORKER HEALTH AND SAFETY.
ALL OF THOSE ARE LOST WHEN A
WORKERS MISCLASSIFIED.
THAT'S WHAT MAKES THIS ISSUE SO
IMPORTANT. FOR MANY DECADES THE
LABOR MOVEMENT HAS FOUGHT THE
PROBLEM OF MATH CLASSIFICATION
WHERE WE SEE AN EROSION IN
WORKERS RIGHTS.
INTEGRATED STANDARDS.
THE DYNAMICS DECISION WHICH WAS
UNANIMOUS DECISION ISSUED LAST
YEAR BY OUR STATE SUPREME COURT.
IT OPTED A CLEAR SIMPLE
OBJECTIVE STANDARD.
I'M A BIT SURPRISED THAT THE
BUSINESS COMMUNITY WOULD EMBRACE.
A STANDARD.
NOT THAT NOT THE EXISTING LAW
PRIOR TO DYNAMAX THE BROTHER
TEST -- BUT THE FEDERAL LAW
WHICH IS.
A SIMILARLY SUBJECTIVE
COMPLICATED SO I LOOK ONLY AT
THE THE FIRST ONE UP THERE THE
NEEDS OF THE NATURE AND DEGREE
OF CONTROL BY THE PRINCIPAL.
THE AMOUNT OF WORKERS INVESTMENT
IN FACILITIES THE EXTENT TO
WHICH SERVICES RENDERED ARE AN
INTEGRAL PART OF THE PRINCIPLES
BUSINESS THOSE ARE COMPLEX.
THE FACTORS THAT REQUIRE A GREAT
DEAL OF ANALYSIS FROM OUR
PERSPECTIVE THE CLEAR SIMPLE
TESTING DYNAMAX.
WILL REDUCE LITIGATION WILL
PROVIDE CLARITY FOR WORKERS AND
THE PLAYERS ABOUT WHAT THE TRUE
NATURE OF THE RELATIONSHIP IS.
AT THE SAME TIME WE RECOGNIZE.
NOT EVERY WORKER IS
APPROPRIATELY COVERED BY THE
DYNAMICS TEST THAT IS WHY WE ARE
SPONSORING A BILL.
THAT IS A VEHICLE FOR
NEGOTIATIONS WITH THE BUSINESS
COMMUNITY I BELIEVE SOME OF THE
WITNESSES THAT SPOKE MAY
ACTUALLY BE EXEMPTED I'M NOT
EVEN SURE THE EXTENT TO WHICH
DYNAMICS WOULD APPLY. TO SOMEONE
THAT OWNS THEIR OWN BUSINESS AND
IS PROVIDING THOSE SERVICES BUT
TO THE EXTENT IT WOULD I THINK
THEY'RE PROBABLY EXEMPTED UNDER
AB.
FIVE THE GOAL OF DYNAMICS IN THE
GOAL OF OUR BILL IS NOT TO TAKE
ANYONE OUT OF BEING IN BUSINESS
FOR THEMSELVES IT'S TO STOP IF
CLASSIFICATION.
THANK YOU [inaudible]
THANK YOU.
THANK YOU SIR CHARMERS RENEE
BAYARDO AS HE ARE YOU CALIFORNIA
I'M JUST HERE TO PROVIDE A A
QUICK EXAMPLE IN THE JANITORIAL
INDUSTRY -- WE SEE THE USE OF
INDEPENDENT CONTRACTORS WERE
EMPLOYERS THAT ARE MEMBERS WORK
FOR OR OTHER BUSINESSES THAT ARE
ALL IT'S A VERY COMPETITIVE
BUSINESS FOR PEOPLE CONTRACTS
CHANGED HANDS ALL THE TIME SO
THERE'S A SUPER COMPETITION IN
THAT INDUSTRY.
AN EDITOR AT ALLEN ARE
BUSINESSES THAT ARE USING
INDEPENDENT CONTRACTORS TO LOWER
THEIR COSTS TO NOT PAY PAYROLL
TAXES AND OTHER THINGS THAT ARE
REQUIRED OF ALL OTHER EMPLOYERS.
AND THESE ARE WORKERS WERE TRULY
WORKING FOR SOMEONE ELSE ARE
THEY DON'T HAVE ANY CONTROL OF
THEIR SCHEDULE THEY DON'T HAVE
ANY CONTROL OVER THEIR WORK
DYNAMICS AT ALL.
OF THIS IS PURELY USED TO LOWER
COSTS AND UNDER CUT -- GOOD
BUSINESSES WHO ARE TRYING TO
FOLLOW THE RULES ARM SO THAT'S
WHAT DYNAMICS IS REALLY ABOUT
AND THAT'S WHY WE'RE OPPOSED TO
THIS BILL THANK YOU VERY MUCH.
FOR BEING HERE WHAT I'D LIKE TO
DO IS BEFORE WE GO TO THE OTHER
OPPOSITION THERE IS ANY TO
ESTABLISH A QUORUM THANK YOU
SENATOR.
JACK RUBY AND HERE'S WEALTH OF
PLEASE CALL THE ROLL SENATORS
HELP HERE WELL HERE MORRELL.
MORRELL HERE JACKSON HERE
JACKSON HERE MITCHELL.
PERFECT WE'VE ESTABLISHED A
QUORUM AND WE CAN NOW CONDUCTION
BUSINESS THIS MORNING OTHERS IN
OPPOSITION PLEASE COME FORWARD
IF YOU COULD DO A ME TOO THAT
WOULD BE A MUCH APPRECIATED
[inaudible]
YEAH.
THANK YOU MISTER RIGHT
[inaudible]
GOOD MORNING.
PLAINTIFF LAWYERS ASSOCIATION
OPPOSITION.
AND ONE MATHIS SOME HAVE A FEW
D. W. ASKED ME LOCAL THIRTY NINE
THIRTY IN OPPOSITION.
THANK YOU MISTER CHAIRMAN OF THE
COMMITTEE JEREMY SMITH HERE ON
BEHALF OF THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL ALSO
OPPOSE.
MR TURN MEMBERS TAYLOR JACKSON
THE CALIFORNIA NURSES
ASSOCIATION IN STRONG OPPOSITION.
TOM DAVIS WITH THE INTERNATIONAL
ANSWER THE ARTICLE STATE
EMPLOYEES THE ORIGINAL GAVE
CALLING ME OPPOSED.
SCARBOROUGH FAIR TSC LOCAL SIX
NINE FIVE OPPOSED.
THANK YOU.
JULIE PARRISH LEGALLY AT WORK
OPPOSED.
HI TONY GOMEZ CALIFORNIA WORKING
FAMILY.
CALIFORNIA WORKING FAMILY
COALITION AND OPPOSITION THANK
YOU.
TOM IN SEE YOU A TO BE -- TWENTY
EIGHT SIXTY FIVE ACADEMIC
STUDENT EMPLOYEES AT UC STRONGLY.
DOUG BONY IATSE LOCAL EIGHTY FOR
THE STUDIO TEACHERS OPPOSED
[inaudible]
YOU.
GETTING MURPHY ATSC LOCAL EIGHT
SEVEN ONE POST THANK YOU FOR
FREE.
BOB DENNY I. T. C. LOCAL SEVENTY
NINE OPPOSED.
THANK YOU.
FREE TO ROAM ENOUGH AYE ATSC
EIGHT NINE TO A COSTUME
DESIGNERS GUILD OPPOSED THANK
YOU.
INTERESTED I A T. S. C. LOCAL
EIGHT HUNDRED ART DIRECTORS
GUILD OPPOSED THANK YOU.
SUPERBRAWL EVERT IATSE LOCAL
SEVEN OH SIX MAKE PARKING
HAIRSTYLIST.
STRONGLY OPPOSED THANK YOU VERY
MUCH.
GOOD MORNING ADAM WEST IATSE
LOCAL SEVEN OF FIVE THE MOTION
PICTURE CUSTOMERS AND WE ARE
STRONGLY OPPOSED THANK YOU.
ANTHONY POLLOCK IATSE LOCAL
FORTY FOUR OPPOSED THANK YOU.
HI COLLETTE SLATTERY I. T. A. S.
C. HAIR AND MAKE UP SEVEN A SIX
STRONGLY OPPOSE THANK YOU.
JULIE SO CASH SEVEN NO SIX MAKE
UP ARTISTS AND HAIR STYLISTS
ABOUT STE THANK YOU.
KATHY CARMODY CALIFORNIA OUT TO
COUNCIL OPPOSED THANK YOU VERY
MUCH OTHERS IN OPPOSITION PLEASE
COME FORWARD.
PERIOD JEAN NO ONE WILL BRING IT
BACK TO THE COMMITTEE FOR
QUESTIONS OR COMMENTS IS SENATOR
MORE.
SENATOR THANK YOU FOR THIS BILL
I I DO HAVE A COUPLE OF
QUESTIONS IF YOU CAN ADDRESS THE
OPPOSITION ARGUMENT.
THAT THIS BILL WOULD CREATE --
THAT WOULD BE EXPLOITED BY
BUSINESSES TO MISS CLASSIFY
WORKERS.
ABSOLUTELY AND THERE IS NO DOUBT
THAT IN MY MIND OR THE
OPPOSITION'S MINE AND I AGREE
WITH THEM THAT THERE ARE SOME
BUSINESSES A VERY FEW.
THAT DO EXPLOIT WORKERS BUT WE
NEED -- TO WE HAVE THE
DEPARTMENT OF INDUSTRIAL
RELATIONS AND LABOR STANDARDS
INFORMANTS FORSMAN THAT IS AN
ENFORCEMENT ARM OF OUR LABOR
CODE.
OF OUR LABOR LAW AND THEY CAN GO
AFTER THOSE BUSINESSES TO PUNISH
AN ENTIRE GIG ECONOMY TO PUNISH.
OVER TWO MILLION CALIFORNIANS
THAT FIND THEIR WAY TO GENERATE
ADDITIONAL INCOME -- FOR FORWARD
FOR LACK OF AFFORDABILITY YOU
KNOW TO LIVE IN CALIFORNIA THAT
SUBSTITUTE THEIR INCOME LIKE
THAT THE RETIREE WHO SPOKE.
AT THE INDIVIDUALS WHO SPOKE
ABOUT YOU KNOW THE ARTIST WHO
TALKS ABOUT TAKING CARE OF HIS
THREE CHILDREN WORKING ON ITS
WN HOURS. TO TO LIMIT THEM --
FROM BEING ABLE TO PARTICIPATE
IN -- THEIR CHOICE OF EMPLOYMENT
IS VERY DISTURBING -- WHEN YOU
LOOK AT THE OPPOSITION THAT CAME
THROUGH ON THAT THE -- THE
DYNAMICS DECISION AND IT SAID
THE DYNAMICS -- BRINGS IT BRINGS
MORE CLARITY -- I THINK THIS
BILL BRINGS MORE CLARITY WHEN
YOU LOOK AT THE DYNAMICS
DECISION OUR BILLS ARE BILLS
BASED ON FEDERAL LAW WHICH
DOESN'T PARTISAN COMP CONFLICT
WITH FEDERAL LAW.
AND IT'S ALSO A LITTLE BIT NOT
JUST DISTRICT AS THE DYNAMICS
DECISION BUT NOT AS LIBERAL AS
THE CARRILLO TASKS SO IT BRINGS
THINGS BACK INTO PERSPECTIVE
JUST ON AN ECONOMIC.
PERSPECTIVE JUST LAST WEEK THERE
WAS AN ARTICLE IN THE PAPER FOR
SHERMAN OAKS HAIR STYLIST THAT
TALKED ABOUT.
HOW SHE IS MARRIED SHE HAS A
CHILDREN SHE VOLUNTEERS ARE CAN
CANCER PATIENTS AND SHE STATED
IN OUR ARTICLE THAT SHE'S GOING
TO BE FORCED TO BE AN EMPLOYEE?
AND SHE DOESN'T WANT TO HAVE TO
DO THAT WITH LIKE I SAID IN MY
OPENING TESTIMONY WHEN YOU HAVE
THE OUR STUDENTS THAT ARE HAS
STRUGGLING WITH HOUSING IN THE
AB WITH HOUSING WHEN THEY GO TO
COLLEGE.
THEY CAN DRIVE FOR TWO HOURS --
THROUGH TE GIG ECONOMY THROUGH
UBER LEFT TO MAKE THIRTY FIVE
DOLLARS AN HOUR.
SURE YOU CAN MAKE AN EMPLOYEES
AND THEY CAN MAKE FIFTEEN
DOLLARS AN HOUR BUT THEN WHAT DO
YOU DO YOU TAKE INCOME AWAY FROM
THEM.
YOU RESTRICT THEIR HOURS SO --
I'M JUST TRYING TO CREATE AN
OPPORTUNITY FOR PEOPLE TO
EXPLORE OPPORTUNITIES TO SUCCEED
IT DOESN'T -- IT DOESN'T
RESTRICT -- PEOPLE'S OPPORTUNITY --
IT THIS BILL -- NOT RESTRICT
PEOPLE'S OPPORTUNITY TO BE ABLE
TO SUCCEED AND BE IS
ENTREPRENEURIAL AS THEY SO
CHOOSE SET THEIR OWN HOURS AND I
THINK PLACING EVERYBODY YOU KNOW
IN A ONE PARTICULAR CLASS OF
THAT OF AN ECONOMY.
THAT REQUIRES EVERYBODY DIEM THE
EMPLOYEE IS IS JUST NOT WHAT IS
INTEGRATIVE AND WHERE THE THE
WORK FORCE IS GOING.
WHEN YOU THINK ABOUT IT 47% OF --
MILLENNIALS PREFERRED THIS TYPE
OF WORK AND THEY'RE THE NEXT
GENERATION AND THEY PREFER THIS
TYPE OF WORK [inaudible]
THANK YOU.
SEVERAL COURSES YEAH I'D COME
BACK YOU WILL COME BACK.
SENATOR JACKSON'S LIKE THAT
COULD I HAVE THE OPPOSITION COME
BACK -- FROM I THINK WAS THE THE
UNION ABOUT.
HOW TO TIGHTEN THIS UP -- WHAT
WOULD SUGGESTIONS THERE MIGHT BE
YEAH PLEASE IF YOU WOULD I
APOLOGIZE?
JUST A LOT OF THINGS HAPPENING
IN.
PRESENTING A BILL SO I BUT I DID
WANT -- TO PAY CAREFUL ATTENTION
TO THIS BECAUSE I THINK THIS IS
A REALLY.
IMPORTANT ISSUE ABOUT WHAT THE
FUTURE WORK IS GOING TO LOOK
LIKE -- IN CALIFORNIA AND
NATIONWIDE SO -- I'D I THINK --
I WOULD HAVE TO RESPECTFULLY
DISAGREE WITH THE AUTHORED THAT --
YOU KNOW THERE MIGHT BE A FEW
BUSINESSES THAT WOULD EXPLOIT
WORKERS I THINK A LOT OF
BUSINESSES DO BECAUSE THEY DON'T
HAVE TO PAY THE EXTRA COSTS
ASSOCIATED WITH BEING AN
pPENSION THEY DON'T WANT TO OFFER.
SICK LEAVE THEY DON'T WANTED TO
MEET.
IF YOU SAID EVERYBODY YOU'RE ON
YOUR OWN ULTIMATELY AT THE END
OF THE DAY IT SAVES THESE
EMPLOYERS I THINK A LOT OF MONEY
AND THEN ALL THE WORK THAT'S
BEEN DONE.
TRY TO GIVE EMPLOYEES AND
WORKERS CERTAIN RIGHTS AND
CERTAIN BASIC RESPECT AND A
CERTAIN -- A SAFETY NET ARE ALL
OUT THE WINDOW IN AND I
APPRECIATE THAT MILLENNIALS LIKE
CERTAIN FREEDOMS BUT THEY
HAVEN'T BEEN AT THE POINT YET I
SUSPECT MOST OF THEM.
WHEN THEY HAVE A SICK FAMILY
MEMBER OR THEY NEED TO TAKE SOME
KIND OF LEAVE OR -- THEY'RE
GETTING OLDER AND WOULD LIKE TO
HAVE A RETIREMENT AND DISCOVER
THERE ISN'T ANY SO -- BUT BUT I
DO THINK THERE'S A BALANCING
HERE -- AND THAT'S WHY I WAS
INTERESTED IN YOUR COMMENTS.
HOW ARE I THINK THIS?
I AGREE I THINK THIS THESE SIX
CRITERIA.
CALL FOR ALL SORTS OF YOU KNOW
SPLITTING HAIRS I SEE THAT I SEE
THIS IS A LAWYER'S DREAM.
OF FULL EMPLOYMENT ACT WHICH IS
IRONIC BECAUSE USUALLY I'M FEUD
IS THE ONE THAT LIKES LAWYERS.
AND WANTS TO SEE THEM BE DOING
MORE WORK BUT THIS TO ME IS --
THIS REALLY WILL GIVE YOU AN
OPPORTUNITY PARKS HERE'S LIKE
NOBODY'S BUSINESS SO -- I DO
THINK THAT THE THREE PART TEST
OF DYNAMICS IS A GOOD ONE BUT I
DO THINK THAT THERE MIGHT BE.
SOME PLACES WHERE WE COULD
TIGHTEN IT UP AND I WOULD YOU
MENTIONED THAT I WOULD LIKE TO
HEAR YOUR THOUGHTS ON WHERE YOU.
MIGHT.
SEE THIS GOING SO THAT WE CAN
CREATE A A LITTLE BIT MORE
I APPRECIATE THAT QUESTION
BECAUSE I DO THINK THERE ARE A
LOT OF MISCONCEPTIONS BOTH ABOUT
WHAT THE DYNAMICS TEST DOES AND
MEANS FOR PEOPLE.
AND ALSO THE WAYS THAT WE CAN
CHANGE IT -- WITHOUT STRIPPING
WORKERS OF THE FUNDAMENTAL
RIGHTS SO I WOULD START BY
SAYING -- FROM OUR PERSPECTIVE
DYNAMAX I MEAN IN THE CASE IT'S
ABOUT A PACKAGE DELIVERY COMPANY
AND THEY SAY THE PEOPLE
DELIVERING YOUR PACKAGES CAN'T
BE CALLED INDEPENDENT CONTRACTOR
THAT'S ALL YOU DO YOU'RE A
DELIVERY COMPANY THEY SHOULD BE
YOUR DRIVER'S.
ADDITION YOUR EMPLOYEES I'M.
FROM MY PERSPECTIVE THAT BY NO
MEANS MEANS THAT A FINANCIAL
PLANNER SHOULDN'T BE ABLE TO
WORK WITH DIFFERENT COMPANIES
AND I THINK THAT'S SOMETHING WE
CAN CLARIFY.
BUT BOTH THE FACT THAT CERTAIN
KINDS OF PROFESSIONALS ARE A LOT
LESS LIKELY TO BE CLASSIFIED
DON'T FACE THE SAME KINDS OF
ISSUES -- BUT ALSO THAT THAT'S
NOT WHO IS OUR PRIORITY TO TRY
TO PROTECT THOSE ARE PEOPLE WITH
A LOT OF MARKET POWER HIGHER
INCOMES MORE EDUCATION MORE
ABILITY TO NEGOTIATE THEIR
WORKING CONDITIONS.
THAT'S WHY WE HAVE CARVED OUT
ALREADY FOR PROFESSIONAL
CATEGORIES TO SAY YOU GUYS GO
BACK TO CARRILLO TO THE MORE
KIND OF NEW WANTS TO TEST RATHER
THAN THE DYNAMAX.
AUTOMATIC TEST BUT ALSO THIS
ISSUE OF KIND OF BUSINESS TO
BUSINESS CONTRACTING.
IF YOU'RE A FINANCIAL PLANNER
AND YOU WANT TO CONTRACT WITH
DIFFERENT BUSINESSES TO PROVIDE
THAT THAT RESOURCE.
THAT PERHAPS IS THE TYPE OF
BUSINESS TO BUSINESS ON ACTING
AND I THINK THAT THERE'S NOTHING
IN THE DYNAMICS DECISION THAT
PREVENTS A BUSINESS IN FACT THE
COURT TRIES TO DISTINGUISH.
BETWEEN A BUSINESS THAT WANTS TO
CONTRACT FOR SERVICES TO THE
BUSINESS FOR EXAMPLE.
YOU KNOW IF THEY NEED A MECHANIC
TO COME IN AND REPAIR THOSE
DYNAMICS DELIVERY TRUCKS DOES IT
NEED NOT BE EMPLOYEES OF DYNAMAX
BUT IF THERE THE REGULAR
DELIVERY DRIVERS.
THEY SHOULD BE AND SO I THINK WE
CAN CLARIFY THAT IN A WAY THAT
WILL PUT AND A LOT OF PEOPLE'S
MINDS AT EASE I THINK THERE'S
BEEN A LOT OF HYPE THAT DYNAMAX
WAS GONNA.
STOP INDEPENDENT CONTRACTING
THAT'S ABSOLUTELY NOT BUT THE
DECISION DOES OR IS INTENDED --
TO TO DO TO THE ECONOMY IT'S
REALLY MEANT TO SAY IF YOU ARE
THERE WORKING FOR ONE BUSINESS
DOING THAT REGULAR WORK IN THAT
BUSINESS YOU'RE PROBABLY AN
EMPLOYEE.
SO I HAVE TO COME ON BEHALF OF
PROBABLY MANY OF YOU OUT HERE
WE'VE HEARD FROM YOUR HAIR
DRESSERS -- ABOUT THE CONDITIONS
ASSOCIATED WITH THE DYNAMICS IN
THE RULING AND HOW THAT IMPACTED
THEIR BUSINESSES.
ALSO IF YOU TAKE SOMEONE WHO
OWNS A SHOP.
HAS FIVE OR SIX PEOPLE WHO QUOTE
UNQUOTE WORK FOR HIM OR HER --
THEY THEY BUY THEIR THEIR
PRODUCTS ARE SOLD THROUGH THE
THE HEAD OF THE PERSON WHO
ACTUALLY IS THE MASTER LESSEE --
THEY GET THEIR APPOINTMENTS SET
UP THROUGH A COMMON PERSON WHO
IS PAID FOR BY THE OWNER IF YOU
WILL -- THAT THE EMPLOYEES OR
THE WORKERS THERE -- GET A
CERTAIN PERCENTAGE OF THE COST
OF THE THE THE HAIR WORK THAT
THEY DO -- ANYWHERE UP 25060% SO
THEY'RE MAKING SIXTY EIGHTY
DOLLARS AN HOUR [inaudible]
UNDER THE INTERPRETATION THAT
I'VE HEARD ABOUT IS I'VE BEEN
VERY NERVOUSLY GETTING MY HAIR
CUT.
IN ORDER SHORT HERE YOU CAN'T DO
TOO MUCH IS NOT A WHOLE LOT OF
MARGIN FOR ERROR -- IS THAT YOU
END UP WITH -- OF SITUATIONS
WHERE -- YOU'RE NOW AN EMPLOYER
THEY'RE NOT INDEPENDENT
CONTRACTORS EVEN THOUGH THEY
BASICALLY ARE.
MAKING SIXTY EIGHTY DOLLARS AN
HOUR. FOR THEIR WORK -- AND SO
YOU SHUT DOWN YOUR SHOP.
AND AS I UNDERSTAND THERE A LOT
OF HAIRDRESSERS WHO WERE NOW.
KIND OF LEAVING THE PROFESSION --
THEY'RE NOT SMALL BUSINESS
PEOPLE OR THEY BUT THEY DON'T
KNOW SHOP ANYMORE.
EVERYBODY'S IN IT FOR THEMSELVES --
I'M NOT SURE WAS THAT WOULD
TIENEN MAKES TRYING TO
ACCOMPLISH.
IT CAN YOU I MEAN I I GET LESSEN.
CAN ANSWER THE QUESTION YES I
HAVE LEARNED SENATOR JACKSON IF
WE WANT TO GET ANYTHING DONE WE
GOTTA GET THE HEADREST ON BOARD
YEAH BECAUSE PEOPLE ARE VERY
STRONGLY INFLUENCED BY THEIR
HAIR DRESSERS.
OF THEM.
I THINK RIGHTLY SO YES AND
RIGHTLY SO RIGHT WITH THAT I
WILL SEE.
WE ON BEHALF OF LABOR WE HAVE
BEEN IN CONVERSATIONS WITH THE
BUSINESS COMMUNITY FOR ABOUT SIX
MONTHS NOW ON ON HOW TO DEAL HOW
TO IMPLEMENT THIS DECISION HOW
TO CLARIFY THIS DECISION.
WHO IS PROPERLY COVERED I THINK
WE ALL RECOGNIZE WITHIN A SALON
THERE ARE?
A WIDE VARIETY OF LABOR
ARRANGEMENTS SOME OF THEM LOOK A
LOT MORE LIKE LEGITIMATE
INDEPENDENT CONTRACTORS THAT ARE
PERHAPS RENTING A SPACE ALMOST
MORE LIKE A LANDLORD TENANT
ARRANGEMENT BUT A LOT.
DON'T THEY DON'T LOOK LIKE AN
EMPLOYEE ARRANGEMENT AND I THINK
WE'RE WORKING TO FIGURE OUT HOW
DO YOU DISTINGUISH THAT MODEL
FROM A DIFFERENT MODEL AT OTHER
HAIRDRESSERS WHERE.
THERE'S A PRICE LIST ON THE WALL
YOU'RE REQUIRED TO TAKE WALK INS
ARE REQUIRED TO WORK CERTAIN
HOURS THAT LOOKS MORE LIKE AN
EMPLOYEE MODEL AND OUR GOAL IS
TO FIGURE OUT HOW WE DRAW THAT
LINE SO THAT PEOPLE WHO HAVE THE
INDEPENDENCE. TO SET THEIR OWN
RATES TO SET THEIR OWN HOURS ARE
ABLE TO DO THAT LEGITIMATELY AS
INDEPENDENT CONTRACTORS NOT
COVERED BY DYNAMAX.
VERSUS EMPLOYEES WHO ARE KIND OF
TOLD WHAT TO DO YEAH AND ARE
GENERATING WORK OF THE
EMPLOYER'S BUSINESS ARE TREATED
DIFFERENTLY AS EMPLOYEES SO I
THINK THAT EVEN THOUGH THIS IS
JUST.
CITING A HAIRDRESSER AND AND I
THINK ALL THE FOLKS IN THIS FROM
WHO USE HAIRDRESSERS WOULD AGREE
IT IS A SENSITIVE TOPIC IS.
BUT THERE ARE OTHER AREAS WHERE
WHERE THE LACK OF CLARITY THIS
IS WHAT WORRIES ME A LITTLE BUT
NOT APPRECIATE THAT THE AUTHORS
TRYING TO GAIN CLARITY I JUST
DON'T THINK.
THAT THAT'S THE THE THE WAY TO
DO IT -- ARE THERE -- GUIDELINES
ARE THERE I DIDN'T TO YOUR
KNOWLEDGE IS TFE H. FOR THE
LABOR COMMISSIONER THEY DOING
ANYTHING TO TRY TO INTERPRET.
A TO GIVE GUIDANCE TO BUSINESSES
BECAUSE I DON'T WANT TO SEE
PEOPLE FALLING IN A TRAP.
ON THE OTHER HAND MY BIG CONCERN
IS THAT YOU GET THESE COMPANIES
WHO JUST DON'T TAKE ANY RISKS.
BECAUSE IT IT IMPACTS OUR BOTTOM
LINE -- AND THERE'S THERE
THERE'S JUST A THERE'S A SWEET
SPOT HERE AND I JUST DON'T KNOW
I CAN'T QUITE GET A SENSE OF
WHERETHAT IS SO YOUR THOUGHTS
ON THAT MIGHT BE HELPFUL YEAH NO
I I APPRECIATE THAT I THINK THAT.
WE RECOGNIZE THE REASON WE'VE
SPENT SIX MONTHS MEETING WITH.
JUST ABOUT EVERY BUSINESS.
ORGANIZATION AND INDUSTRY ON
THIS ISSUE WAS RE REALIZE THAT
IT HAS A BROAD IMPACT -- AND
THAT.
ALSO WE'RE ALL KIND OF THESE ARE
HYPOTHETICALS WE DON'T KNOW HOW
THE COURT WOULD RULE I ASSUME IF
THE HAIRDRESSER WHO WAS
INDEPENDENT AND WITH SETTING HER
OWN RATES.
STUDENT SAID SHE WAS AN EMPLOYEE
APART PROBABLY SAY YOU DON'T
REALLY FIT THE DYNAMAX MODEL BUT
WE DON'T KNOW THAT SO THAT'S WHY
WE HOUSE SPONSORED A BILL THAT
WILL CODIFY THE RULING BUT MAKE
THESE CLARIFICATIONS AND MAKE
SPECIFIC EXEMPTIONS.
WHERE WE HAVE THE OPPORTUNITY TO
TALK THROUGH WITH AN INDUSTRY
OKAY THIS IS HOW IT WORKS WITHIN
YOUR INDUSTRY FOR EXAMPLE ER
DOCTORS CAME TO US AND SAID
WE'RE WORRIED DYNAMAX IS GOING
TO AFFECT THE WAY THAT WE STAFF
ER'S?
EXPLAIN TO US THE WAY THEY SAPPY
OURS WE FELT THAT THAT WAS
CLEARLY NOT WHAT THE PORT WITH
CONCERNED ABOUT WHEN THE ISSUE
THE DYNAMICS DECISION.
SO WE'VE SAID FROM OUR
PERSPECTIVE E. R. DAS LET'S GO
BACK TO PEROT.
THEY DON'T NEED TO BE COVERED BY
DYNAMAX WE'RE CONTINUING TO HAVE
THOSE SAME KINDS OF
CONVERSATIONS.
ARE OUR POSITION IS BASICALLY
THE CLEAR TESTED DYNAMAX SHOULD
BE THE DEFAULT ROLE.
BUT WE ARE ABSOLUTELY OPEN TO
LOOKING AT AN UNDERSTANDING
WHERE IT DOESN'T MAKE SENSE INTO
DOING THOSE KINDS OF THANK YOU
FOR CLARITY RESHAPED THAT VERY
MUCH COULD YOU GIVE ME THE SITE
THE BILL YOU SHOULD YOU.
YOU'VE GOT A AB.
FIVE THE BILL WILL BE HERE AT
SOME POINT.
RIGHT WE WILL THANK YOU VERY
MUCH OF CONSERVATION THANK YOU.
VERY MUCH SENATOR JACKSON OF IF
YOU LIKE TO RESPOND TO SOME OF
THAT -- ABSOLUTELY THANK YOU
MISTER CHAIR I'D I WOULD LIKE TO
RESPOND YOU KNOW WHEN WE TALK
ABOUT THE CARVE OUT BILL THE CAR
ABOUT TRAIN THAT'S COMING HERE
FROM THE ASSEMBLY SIDE.
IT DOES PLACE A VALUE ON SALON
OWNERS WHO HAVE A VERY IMPACTFUL
A VOICE ESPECIALLY WITH ALL OF
US AND IN THE COMMUNITY AS IT
DOES TO HIS PLACE TO CARVE OUT
ON SALON OWNERS AND IT PLACES A
HIGH VALUE ON DOCTORS WHO HAD A
CONCERN ABOUT BEING ABLE. TO
WORK IN AN EMERGENCY ROOM.
BUT IT DOESN'T FOCUS ON SINGLE
MOMS ARE GRANDPARENTS ARE
RETIREES THE DRIVE FOR UBER AND
LEFT.
IN ORDER TO BE ABLE TO
SUPPLEMENT AN INCOME LIKE ONE OF
OUR WITNESSES TESTIFIED TODAY.
IN ORDER TO SUPPLEMENT HER
INCOME IF SHE WAS IN UBER OR
LIFT DRIVER SHE WOULD HAVE TO
CREATE HER.
OWN BUSINESS FILE ALL THE
BUSINESS DOCUMENTS IN ORDER TO
DRIVE FOR A COUPLE OF HOURS AS
STUDENT A MILLENNIAL LIKE I SAID.
IT'S GOING TO DRIVE A LITTLE.
HI AFTER CAUGHT CLASS JUST TO
MAKE ENDS MEET OR TO HELP PAY
FOR BOOKS IS GOING TO HAVE TO
CREATE THEIR OWN BUSINESS PAY
THE FIVE HUNDRED DOLLAR FEE. FOR
THIS FOR THE CALIFORNIA
SECRETARY OF STATE FILINGS
BEFORE THE EVEN TAKE ON THEIR
FIRST.
AND THEY'RE GONNA HAVE TO PAY
ALL OF THAT UP FRONT ESTABLISH
THEIR OWN BUSINESS DO ARTICLES
OF INCORPORATION IF THEY
INCORPORATE OR WHATEVER JUST TO
BE AT UBER LIFTDRIVER TO BE
ABLE TO MAINTAIN.
ADDITIONAL INCOME THAT HELPS
THEM LIKE I SAID PROBABLY BUY
BOOKS OR OR DO WHATEVER AT SO.
I UNDERSTAND THAT THERE IS A
BILL THAT THAT THAT LABOR
COMMUNITY IS WORKING ON WITH THE
BUSINESS COMMUNITY BUT THIS BILL
JUST MAKES IT EQUAL ACROSS THE
BOARD REGARDLESS OF THE BUSINESS
AND LIKE I SAID.
I KNOW I'VE BEEN IN BUSINESS FOR
THIRTY FIVE YEARS IN THE STATE I
KNOW THERE ARE BAD ACTORS IN
THIS STATE.
BUT THAT'S WHY WE HAVE THE
DEPARTMENT OF LABOR STANDARDS
ENFORCEMENT IN THE ENFORCEMENT
ARM OF THE IT DEPARTMENT OF FAIR
EMPLOYMENT HOUSING TO GO AFTER
THESE BAD ACTORS.
AND THEN THE PROTECTIONS THAT
ARE IN PLACE FOR BUSINESS OR FOR
EMPLOYEES AND THAT THE
LEGISLATURE HAS BEEN IN PLACE.
BUT IT HAS TO BE UNIVERSAL WE
CAN'T CARVE OUT IN AND PICK THIS
COMPANY AND THIS COMPANY OR THIS
INDUSTRY IN THIS INDUSTRY BUT
NOT THIS INDUSTRY -- AND WE TALK
ABOUT HELPING PEOPLE -- MAKE
CALIFORNIA FOR DOUBLE HELPING
PEOPLE MAKE ENDS MEET.
AT THIS PARTICULAR BILL WILL
ALLOW THOSE PEOPLE WHO DO UBER
AND LYFT DRIVERS OR SALON OWNERS
WHICH THEY'RE WORKING ON A CARVE
OUT TO BE ABLE -- TO YOU KNOW
PROVIDE THAT EXTRA INCOME THAT
THEY NEED WITHOUT THAT -- YOU.
YOU SET THEIR HOURS AND YOU KNOW
WHAT IF AND WHAT IF A DRY KEEP
GOING BACK TO UBER DRIVERS AND I
DO APOLOGIZE FOR THAT OR LIFT
DRIVERS.
BUT WHAT IF YOU HAVE A DRIVER
THAT WANTS TO WORK ON FRIDAY AND
SATURDAY NIGHTS BECAUSE THAT'S
THE MOST ACTIVITY THAT YOU HAVE.
OR EIGHTY SEVEN SIX THIRTY EIGHT
THIRTY IN THE MORNING AND YOUR
BOSS IS NOW YOUR HOURS ARE --
EIGHT TO TEN IT IT MAKES A
DIFFERENCE WHEN YOU CAN SET YOUR
OWN HOURS AND GENERATE YOUR OWN
INCOME AND I JUST THINK THAT.
THAT IS THIS BILL SB TWO THIRTY
EIGHT WILL NOT DO CARVE OUTS BUT
A LOT ALL ANYBODY WHO WANTS TO
BE AN INDEPENDENT KIND
CONTRACTOR THAT IS A TRUE
INDEPENDENT CONTRACTOR.
AND PROVIDE FOR THEIR FAMILY IN
THAT MANNER.
THANK YOU FOR AN INCIDENT.
YEAH I WANNA MAKE SURE I HAVE MY
MICROPHONE THANK YOU YOU KNOW I
YOUR BILL I USED TO BE AN
INDEPENDENT CONTRACTOR FOR FOR A
LOT OF REASONS NUMBER ONE I'D
LIKE THE FLEXIBILITY TO BE ABLE
WORK MORE THAN ONE COMPANY.
AND IF YOU WEREN'T BUT HE HAD TO
pSHOW UP FOR MEETINGS.
AND THAT DID NOT WORK TO MY
ADVANTAGE IF SOMETHING WAS.
HAVE BEEN OVER HERE WHERE YOU
HAVE THE OPPORTUNITY.
TO MAKE MORE MONEY IDEA LIKE BE
MICROMANAGE AND IN SO GAVE ME A
LOT OF FLEXIBILITY AND AND I
JUST I WORRY ABOUT THE DYNAMICS
DECISION THAT IT WAS OUT THE
ENTREPRENEURIAL SPIRIT OF THOSE
PEOPLE WHO.
WHO YOU KNOW WANT TO GO GO FOR
IT SO TO SPEAK INSTEAD OF BEEN --
OVERLY MANDATE THEN SO THANK YOU
FOR THE BILL BUT A COUPLE OTHER
THINGS I GOT TWO QUICK QUESTIONS
HERE COULD YOU -- EXPLAIN A
LITTLE BIT MORE IN DEPTH ABOUT
THE SPECIAL CARVE OUT SET AND
ALWAYS MAKES ME NERVOUS -- WITH
I LIKE SEE THINGS. THIRTY FOUR
ACROSS THE BOARD SO I THINK
DYNAMICS -- THE WAY I SEE IT IS
IT AND MISS VEGA DID EXPLAIN AS
WELL AS AT DYNAMIX THE RULING
CAME DOWN FROM THE SUPREME COURT
AND BASICALLY SAID YOU'RE GOING
TO DO AB AND C..
AND IF YOU COMPLY WITH AB AND C.
THEN YOU'RE TRADITIONALLY
EMPLOYEE WELL THAT MEANS BEING
IN THE SAME TYPE OF BUSINESS
WHICH IMMEDIATELY AFFECTED
SOMEONE ORDERS WHICH WE TALKED
ABOUT IN DEPTH.
AT SO YOU HAVE AIDS SALON -- A
HAIR STYLIST THAT RENTS ABUSE
THAT SETS RUN APPOINTMENTS OR
USES THE FRONT DESK WHEN THEY
CALL AND SAY HEY IS JESSICA AND
I NEED TO MAKE AN APPOINTMENT
ABSOLUTELY ALLIGATOR BUT THAT
QUALIFIED THAT PERSON TO BE AN
EMPLOYEE AND NOT INDEPENDENT
CONTRACTOR.
OR IT CREATES THE APPEARANCE OF
IT FROM THE EMPLOYER'S
PERSPECTIVE MAKING SURE THAT
THEY WERE DOING ALL EMPLOYEES
AND NOTHING ELSE BECAUSE I DON'T
WANNA GET SUED AND HAVE TO GO
BACK FOUR YEARS ON PENALTIES IN
WAGES AND EVERYTHING ASSOCIATED
WITH PARK IN THE PRIVATE WRITER
ACTION AND EVERYTHING'S.
ASSOCIATED WITH THAT AND PLUS
THE FOR YOUR PENALTY.
SO YOU HAVE -- EMPLOYERS THAT
I'M PRECAUTIONARY MEASURES WILL
MAKE EVERYBODY AN EMPLOYEE JUST
BECAUSE A PRECAUTIONARY ISSUES --
FIRTH OF RED OR THE APPEARANCE
OF POSSIBLE LAWSUITS IN THE
FUTURE.
BECAUSE OF DECISIONS THAT WILL
HAVE TO BE WORKED OUT IN COURT.
AND I TAKE THIS LONG ORDER ISSUE
OF MY SALON OWNER IMMEDIATELY
CALLED ME AND SAID YOU KNOW HEY
THIS IS A PROBLEM WE HAD AN
ATTORNEY CAME IN AND AS MISS
JACKSON SHE'S GONE NOW DID SAY.
THAT THEY WOULD HAVE TO INSTEAD
OF A HALF A PAGE AT LEAST WE
WERE CREATIVE AND DID YOU KNOW
TEN PAGE LEASE RIGHT DID YOU
HAVE TO COMPLY WITH ALL THESE
THINGS AND MADE IT LIKE A LEASE
TO HIM -- LIKE A VALLEY PLAZA OR
EIGHT OR EIGHT RT MALL RIGHT YOU
OPERATE WITHIN CERTAIN HOURS
THERE'S CERTAIN THINGS THAT YOU
CAN DO IT BECAME MORE OF A LEASE
SEE LEAST LESSOR.
ISSUE SO WE ARE TRYING TO FIND
WAYS NOT AROUND IT BUT JUST SO
THAT PEOPLE CAN MAINTAIN HER
FREEDOM IN THE WORKPLACE.
AND THE CARVE OUTS THAT ARE
BEING DONE DOCTORS WERE AFRAID
REALTORS REFER EIGHTY INSURANCE
AGENTS WERE OF GREAT SO THEY'RE
ALL GETTING CARVE OUTS BUT AGAIN
GOING BACK.
TO AT THE MOST PROMINENT
PROVIDER THEN CAN WHEN YOU LOOK
AT THIS TYPE OF ECONOMY IS UBER
AND LIFT THE ARTIST YOU KNOW WE
HAVE AN ARTIST HERE THAT MAKES A
SUBSTANTIAL LIVING SUPPORTING
HIS THREE KIDS AND HE WAS
WORK TILL FOUR O'CLOCK.
THIS MORNING WOULD YOU BE ABLE
TO DO THAT IF HE WAS AN EMPLOYEE
I DON'T KNOW I DON'T HAVE THOSE
ANSWERS FOR HIM BUT HE WANTS TO
BE AN INDEPENDENT CONTRACTOR.
AT THE REFEREES AT OUR SCHOOL
KIDS GAMES ON SATURDAYS THEIR
INDEPENDENT CONTRACTORS BUT
UNDER THAT.
THE TEST FOR THE BUILDING TRADES
AS WELL IF YOU ARE A ON
INDEPENDENT CONTRACTOR THAT DOES
AT CONSTRUCTION DEBRIS REMOVAL
THAT'S CONSIDERED IN THE
CONFINES OF THE CONSTRUCTION
INDUSTRY AND YOU WOULD BE AN
EMPLOYEE OF THE PRIME CONTRACTOR.
SO THERE'S AND THERE'S JUST A
LOT OF CONFUSION AND I FEEL LIKE
THIS BILL IS -- DROP PUTS US IN
LINE WITH THE FEDERAL GOVERNMENT
FROM THEN -- DEPARTMENT OF LABOR
AND A US DEPARTMENT OF LABOR
THERE'S NO CONFUSION IT DOESN'T
HIT -- IT CALIFORNIA EMPLOYERS
FOR MAKING A DECISION TO SUPPORT
EITHER CALIFORNIA LAW ARE
FEDERAL LANDA PENALIZED EITHER
WAY FROM FROM EITHER.
ONE AND AT YOU KNOW WE'VE PUT A
LOT OF THOUGHT AND EFFORT INTO
IT TO MAKE SURE THAT IT IT IT
MET -- DIDN'T DEFAULT BACK TO
THE CARRILLO TEST BUT MADE SURE
THAT THERE IS AN ADEQUATE TEST
TO MAKE SURE THAT THERE WAS
WORKER FREEDOM.
THANK YOU YEAH ONE AND I'D LIKE
THIS FOR THE GENTLEMAN FROM THE
HEAD AND I'D BE.
YEAH I JUST -- ONE ON THE
QUESTION -- SORRY YES ABSOLUTELY
WE RESPOND AND ALL ASK WHAT I I
JUST.
IN RESPONSE TO SOME OF WHAT'S
BEEN SAID I JUST THINK THAT
THERE'S A POINT OF CLARIFICATION
IT'S IMPORTANT THAT THAT THAT
SHOULD BE A MAKE MAKE CLEAR --
OKAY GO AHEAD YOU JUST BE
BRIEFLY JUST ON DYNAMAX AND WHEN
WHAT IT ACTUALLY SAYS AND THAT
IS THE C. PRONG THE C. PROGNOSIS
THIS ASSERTION THAT'S BEEN MADE
THAT IF YOU'RE ACTUALLY BUSINESS
YOU KNOW THAN THAN THEIR SOME
WIGGLE ROOM.
THE C. PRONG SAYS THAT YOU KNOW
IF YOU HOLD YOURSELF OUT OF THE
WORLD YOU KNOW AS BEING IN
BUSINESS FOR YOURSELF IF YOU'RE
IF YOU'RE INCORPORATED YOU GOT
ALL OF ALL OF THOSE ARE THINGS
GO TO THE C. PRONG BUT JUST
PASSING THE C. PRONG.
NO MATTER HOW MUCH YOU LOOK LIKE
A BUSINESS NO MATTER HOW MUCH
YOU HOLD YOURSELF OUT TO THE
WORLD OF BUSINESS.
IF YOU DON'T PASS THE BI PRODUCT
YOU'RE STILL.
PROVIDING SERVICES THAT ARE SO
ESSENTIAL TO THE BUSINESS
BUSINESS MODEL OF YOURS.
WHOEVER HIRES YOU YOU'RE GOING
TO FUND THE DYNAMICS TAX SO.
WE GOT SOME POINT POINT OF
CLARIFICATION.
YEAH.
IT JUST IN EVEN EXPAND ON OUT IF
YOU CAN ADDRESS THE OPPOSITION
ARGUMENT THAT THIS BILL WOULD
CREATE AMBIGUITY.
THAT WOULD BE EXPLOITED BY THE
BUSINESSES TO MISS CLASSIFY
WORKERS.
BUT MISS CLASSIFICATION IS A
PROBLEM -- IN THE UNITED STATES
NOT JUST IN CALIFORNIA.
AND THE ANSWER IS VIGOROUS
ENFORCEMENT -- AND AND AND DR
WAS ALREADY YOU KNOW VIGOROUSLY
ENFORCING.
THE EXISTING STANDARDS I THINK
WHENEVER YOU HAVE A BALANCING
TEST OF ANY NATURE THERE IS
GOING TO BE ROOM FOR ARGUMENT --
ON THE DIFFERENT FACTORS.
AND THAT'S THE NATURE OF A
BALANCING TEST.
BOB BUT THE THE VIRTUE OF THE
BALANCING TEST IS THAT.
IT AVOIDS THE RIGIDITY THAT YOU
HAVE WITH DYNAMAX -- AND THAT
THIS IDEA THAT NO MATTER HOW
MUCH I WALK LIKE.
AND TALK LIKE A LOOK LIKE A
INDEPENDENT BUSINESS ON MY OWN
MERIT -- THAT I'M STILL GOING TO
HAVE TO BE TREATED AS AN
EMPLOYEE.
THAT THE PROBLEM.
IT YOU KNOW WITH DYNAMAX IS THAT
IT IS JUST UTTERLY REJECT AND
YOU KNOW THERE AND AND THERE
THERE'S A LOT OF OPEN QUESTIONS
EVEN ABOUT DYNAMICS I MEAN YOU
KNOW WHAT I TALK TO PEOPLE.
AND REYES ALL THE TIME ABOUT THE
BE PROMPT WHAT HOW DO I KNOW IF
I'M IN THE USUAL COURSE OF
BUSINESS BUT THIS BALANCING
APPROACH IS VERY POP ONE OF
THEIR SOMETHING REALLY TO BE
SAID.
FOR BRINGING US IN LINE WITH THE
FEDERAL STANDARD THANK YOU. FOR
THE QUESTION NO THANK YOU THANK
YOU VERY MUCH DAMAGE -- WOULD
LIKE TO CLOSE SENATOR GROUP.
THANK.
YOU MISTER CHAIR I WOULD JUST I
WOULD ASK FOR AN AYE VOTE AND
THE REASON.
WAS STATED ACTUALLY BETTER THAN
I STATED IT WAS THE ATTORNEY
FROM THE NFIB IS IS THAT.
IS THE AIN REASON THAT THERE'S
A HUGE PROBLEM WITH THE DYNAMICS
TEST AND WHAT WAS INSTITUTED IS
BECAUSE OF THE B. ****.
I MEAN YOU CAN BE AN INDEPENDENT
LIKE MISTER NICK -- HEALTH FROM
THE BLACK CHAMBER OF COMMERCE
TESTIFIED YOU CAN BE AN
INDEPENDENT BUSINESS HAVE YOUR
OWN INSURANCE.
AND THEY WORK HARD TO MAKE SURE
THAT THE PEOPLE IN OUR AFRICAN
AMERICAN COMMUNITY THAT WANT TO
SET UP THEIR OWN BUSINESS HAVE
THE OPPORTUNITY TO DO SO.
AND TO NOT PASSED THE B. TEST
BECAUSE THERE AB I DON'T KNOW
THEY'VE HALL CONSTRUCTION LABOR
LIKE YOU KNOW DEBRIS LIKE I SAID.
AB THAT THEY'RE WORKING IN THE
USUAL COURSE OF EMPLOYMENT OF
THE CONTRACTOR WHO'S BUILDING
THE PROJECT AND THEN THEY'RE NOT
GOING TO BE CLASSIFIED AS AN
INDEPENDENT CONTRACTOR THEY ARE
GOING TO BE CLASSIFIED AS AN
EMPLOYEE.
AND THEY'VE WORKED HARD TO HAVE
THEIR OWN BUSINESS -- THEIR OWN
BUSINESS SO I WOULD RESPECTFULLY
ASK FOR AN AYE VOTE THANK YOU
THANK YOU VERY MUCH OF THE
SENATOR WROTE AND I APPRECIATE
REALLY -- APPRECIATE THE GOOD
FAITH IN THE STRONG ATTEMPT TO
MAKE TODAY AND AND IT IS GOOD
BECAUSE I AGREE WITH A LOT OF
WHAT YOU SAID.
THE CHALLENGES WITH THE CAR
ABOUT TO THE THERE'S A
DISCOMFORT THERE AND AND I KNOW.
IT'S THE CHALLENGE THAT I SEE
WITH THE BILL THOUGH IS THAT IT
IS.
REPLACING DYNAMAX WITH THAT SIX
PART -- REALITIES TEST IN IN IT
IT'S IT SEEMS TO BE PUTTING US
IN THE SAME UNCERTAINTY AS WE'VE
HAD.
WITH MORELLO AND HISTORICALLY
IT'S NOT BRINGING IT TO THE
POINT THAT.
THAT THERE'S A UP.
THE BE MORE CAN OR AS MUCH
CONFUSION I BELIEVE AND IN THE
STANDARDS THAT WE HAVE SO I I
DON'T THINK IT GOES FAR ENOUGH
IN SIMPLE FINDERS OR CLARA FIND
WHAT WE NEED TO DO AND THAT'S
HOPEFULLY WHAT.
AT WHAT BINDING MAKES WILL DO.
AT THE END OF IT I THINK IT
RAISES SOME VERY IMPORTANT
POINTS THOUGH I AM AT THANK YOU
THE BILL DOES IN AND I WANT.
TO TAKE A MINUTE.
TO TO COMMENT ABOUT A COUPLE OF
THEM -- THE I. THE FOCUSES ON
DEVELOPING COMMON RULES BECAUSE-THIS BILL WILL COME TO US AT
SOME POINT AND WILL HAVE AN
OPPORTUNITY. TO TO TO TO SHAPE
IT IN IN IN THE ANOTHER WAY OR
DID AND MAYBE A LITTLE TWEAKING
HERE AND THERE. TO TO MAKE IT
BETTER WHICH IS THE GOAL WE'RE
ALL TRYING TO DO BUT THE
ANALYSIS I THINK BRINGS UP OF
SOME GOOD POINTS.
ABOUT -- PRICE SETTING VERSUS
WADE SETTING.
AT BIG THAT'S REQUIRES MUCH MORE
STUDY.
A SECOND IS A SMALL BUSINESS
OWNER MYSELF.
I REALLY APPRECIATE YOUR FOCUS
ON SMALL BUSINESSES SENATOR.
I THINK THAT'S A EXACTLY WHAT
NEEDS TO BE TO OCCUR IN THIS
BECAUSE THE CARVE OUTS ARE FOR
THE THE BIG BUSINESSES THE
PEOPLE THAT CAN.
YELL THE LOUDEST -- BUT IT'S
THAT BUSINESS TO BUSINESS
RELATIONSHIP.
CAN TAKE ON MANY DIFFERENT
LEVELS AND FORMS -- AND AND I%
THINK THAT'S CRITICAL THAT WE
LOOK AT PROTECT THAT IN SMALL
BUSINESSES IT'S VERY IMPORTANT
THAT FINALLY THIS ONE TO
HIGHLIGHT.
THE NEED IN IN YOU TALKED ABOUT
THE MENTION THE RETROACTIVITY I
THINK WE NEED SOME TYPE OF
AFFIRMATIVE DEFENSE FOR TO
PROTECT THOSE BUSINESSES WHO.
RELIED ON WITH THE LAW WAS AT
THE TIME THEY DID KNOW THE
CHANGES COMING AND RELIED ON
THAT AND I THINK IT'S IMPORTANT
THAT WE WE A PROTECT THAT.
AND THAT THESE DAYS OF
BUSINESSES COULD BE CRUSHED WITH
THAT RETROACTIVITY IT COULD BE A
MAJOR.
MAJOR -- ACOSTA IN THERE SO BUT
I AM OF SO THAT KIND OF RELIEF
THEY WERE TALKING ABOUT THE
SHOULD GO TO THIS GOOD ACTORS
THOSE WHO WHO WERE RESPONSIBLE
AND GET IT RIGHT I AM VERY
CONCERNED ABOUT SEVERAL
COMPANIES IN OUR STATE THAT
OPERATE.
WHO USE INDEPENDENT CONTRACTORS
AND AND AND FRANKLY THEY USE
THOSE CONTRACTORS IN IN A IN A
CONSTRUCT?
I FISH DEALS THE TIPS FROM THE
WORKERS AND I THINK IT SHOULD
SHAMEFUL WHEN YOU LOOK AT THAT --
IT'S A NO MATTER WHAT HAPPENS
LEGISLATIVELY AND I FIND THAT
FUNDAMENTAL FUNDAMENTALLY WRONG.
AS A MATTER WHAT HAPPENS
LEGISLATIVELY I I WOULD EXPECT
THOSE COMPANIES TO THAT THAT THE
WHOLE OF WHAT I WOULD LOOK AT-AND I THINK WHEN WE WHEN WE TALK
ABOUT IT TO EGREGIOUS BEHAVIOR --
AND I WOULD HOPE THAT THEY WOULD
STOP DOING THAT IMMEDIATELY SO --
I I THINK WE OF YOU KNOW I'D
LIKE TO THE OTHER PARTS THAT
THAT IT COULD WORK BUT I THINK
ON THE WHOLE I WON'T BE ABLE TO
SUPPORT IT SO I WE HAVE A MOTION
FROM SENATOR MORALE THANK YOU
VERY MUCH.
THANK YOU.
THIS REVIEW TO WRITE REALLY
BRING IT FORWARD TODAY AND
HAVING THAT CONVERSATION A
PLEASE CALL THE ROLL.
MISSION IS TO HAS TO
APPROPRIATIONS SENATOR HILL NO.
HELLO MERLE.
HI I JACKSON.
MITCHELL.
MITCHELL NO PAN.
THE ROLE WE WILL HOLD THE ROLE
OPEN FOR THE ABSENT MEMBERS
THANK YOU [inaudible]
CONSIDER ABSOLUTELY.
RECONSIDERATION OF COURSE.
THANK YOU VERY MUCH AND THANK
YOU FOR ALL THOSE TO THOSE WHO
HERE TESTIFYING TODAY -- WHEN I
MOVED TO LACI'S UNDER COVER OF?
ITEM NUMBER SIX SB [inaudible]
FIVE SIXTY SEVEN ONE TWO GOOD
MORNING SENATOR GOOD MORNING.
THANK YOU VERY MUCH.
MISTER CHAIR AND SENATORS I AM
PLEASED TO PROVIDE PERCENT SB
FIVE SIX SEVEN WHICH WILL CREATE
A WORKERS COMPENSATION
REBUTTABLE PRESUMPTION FOR
NURSES WHO PROVIDE DIRECT
PATIENT CARE.
IN AN ACUTE HOSPITAL SETTING FOR
ISSUES SUCH AS INFECTIOUS
DISEASE CANCER BACK INJURIES AND
OTHERS WORKERS COMPENSATION
PRESUMPTIONS EXIST FOR CERTAIN
FIRST RESPOND OR PROFESSION
PROFESSIONS.
BECAUSE THEY ARE INEVITABLY
EXPOSED TO DOZENS OF POTENTIAL
ILLNESSES AS A CONDITION OF
THEIR WORK.
MANY OF WHICH LEAD TO HELP THIS
ISSUES SUCH AS INFECTIOUS
DISEASES.
RESPIRATORY ILLNESSES AND
CANCERS.
PRESUMPTIONS ARE A WAY TO
STREAMLINE TREATMENT FOR WORKERS
BY REDUCING THE BURDEN OF PROOF
THAT THEIR INJURY OR ILLNESS WAS
CAUSED BY A NATURE OF THEIR
EMPLOYMENT.
ONLY CERTAIN TIMES OF FIRST
RESPONDERS ARE CURRENTLY
ELIGIBLE FOR WORKERS
COMPENSATION PROCESS
PRESUMPTIONS AND THESE INCLUDE
PROFESSIONS SUCH AS HE'S
PARAMEDICS FIREFIGHTERS AND
POLICE OFFICERS.
ALL OF WHICH ARE MALE DOMINATED
FIELDS.
MEANWHILE FIRST RESPONDERS WHO
WORK IN THE HEALTH CARE SETTINGS
SUCH AS NURSES ARE NOT ENTITLED
TO WORKERS COMPENSATION
PRESUMPTIONS DESPITE THE FACT
THAT NURSES ARE FIRST RESPONDERS
TO THE SAME PATIENTS.
IN HOSPITALS THE PUBLIC SAFETY
OFFICERS ARE TREATING IN THE
FIELD.
SB FIVE SIXTY SEVEN RECOGNIZES
THAT HEALTH CARE WORKERS SUCH AS
NURSES OUR FIRST RESPONDERS AND
FACE MANY OF THE SAME HEALTH
RISKS AS PUBLIC SAFETY OFFICERS.
SPECIFICALLY THIS BILL AS I SAID
CREATES THE WORKERS COMPENSATION
REBUTTABLE PRESUMPTION. FOR
HOSPITAL EMPLOYEES WILL PROVIDE.
IN AN ACUTE HOSPITAL SETTING.
AND HAVE THE SAME EXPOSURE TO
INFECTIOUS DISEASES MUSCO
SKELETAL INJURIES POSTTRAUMATIC
STRESS DISORDER AND RESPIRATORY
ILLNESSES.
SB FIVE SIXTY SEVEN WILL
MODERNIZE OUTDATED CALIFORNIA
LAWS TO ENSURE IT FIRST
RESPONDER HEALTH CARE WORKERS
HAVE ACCESS TO THE SAME WORKERS
COMPENSATION PRESUMPTIONS.
AND IS A VITAL STEP IN ACHIEVING
ECONOMIC AND GENDER EQUALITY I
THINK YOU AND I RESPECTFULLY.
TODAY THANK YOU VERY MUCH
SENATOR AND WE HAVE.
IF YOU WERE HERE EARLIER I ADDED
IT -- THE SUPPORTERS IN SIX
MINUTES PROPOSITIONS OF THAT
THANK YOU CHAIRMAN.
MISTER CHAIRMAN AND COMMITTEE
MEMBER STEPHANIE ROBERSON ON
BEHALF OF THE CALIFORNIA NURSES
ASSOCIATION PROUD SPONSORS OF
THIS LEGISLATION.
MEMBERS TODAY ALL WE'RE ASKING
FOR IS A LITTLE EQUITY.
AND THE RULES TO BE APPLIED
EQUALLY.
LAST WEEK YOU INCREASE
PRESUMPTIONS FOR COPS AND FIRE
AS WE SIT HERE TODAY BUT WHAT
SEEMS TO BE SOME STEP OFF
OPPOSITION.
I TO THE VERY SAME ISSUE.
OPPOSITION THAT WE WOULD LIKE TO
HAVE HAD SOME TIME TO WORK OUT --
BUT ALAS LAST NIGHT I DID GET A
HOLD OF THE CHAIRMAN AND AND
HAVE A CONVERSATION.
BUT WE BELIEVE THAT ON AN ISSUE
OF THIS MAGNITUDE WE BELIEVE
THAT THE COMMITTEE SHOULD ENJOY
A FAVORABLE CONSIDERATION OF
THIS BILL WHEN SEVERAL MEMBERS
ON THIS COMMITTEE ACTUALLY VOTED.
FOR A SMALLER SCALED DOWN
VERSION OF PRESUMPTION.
IT'S BEEN MADE ABUNDANTLY CLEAR
THAT WORKERS WHO ENJOY THE SAME
PRESUMPTIONS IN THE PAST DID NOT
MEET THE TEST TO GET CANCER
PRESUMPTIONS I'M NOT SAYING THAT
THEY SHOULD RECEIVE THEM.
BUT YET THEY HAVE BEEN EXTENDED
WE THINK PRESUMPTIONS ARE
RUNAWAY TRAIN STOP EXTENDING
THEM.
INSTEAD YOU WOULD RATHER MAKE MY
MEMBERS A TEST CASE AND MY
MEMBERS HAVE ZERO PRESUMPTIONS.
THE NUMBER ONE FEEDBACK THAT WE
GET FROM PEOPLE WHEN WE EDUCATE.
LEGISLATORS WE EDUCATE STAFF.
IS THERE STUNNED THAT NURSES DO
NOT GET ANY PRESUMPTIONS IN THE
STATE OF CALIFORNIA ALL THE
WHILE MY ONCOLOGY NURSES ON THE
NIGHT SHIFT -- GETTING CANCER AT
HIGHER RATES THAN ANY OTHER
HEALTH CARE WORKER ARE
FACILITIES PTSD CASES ARE UP 22%
THIS ISN'T STRESS.
DO YOU KNOW WHAT A SITTER IS.
A SITTER OUR STAFF THAT SIT IN
HOSPITAL ROOMS TO PREVENT MY
MEMBERS FROM GETTING PUNCHED
KICKED.
STABBED CHOKED BUT GUESS WHAT
MANY HOSPITALS HAVE SCALED BACK
ON THE CENTERS.
AND YES THIS IS ALL AFTER
COMPREHENSIVE WORKPLACE VIOLENCE
PENSION PROGRAMS ARE IN PLACE
NOW THE SCENE A BILL THAT WE DID
FIRST IN THE NATION.
IF YOU SAY THAT WE MAKE THE CASE
ON MUSCULOSKELETAL INJURIES.
BUT THERE'S BEEN NO CONVERSATION
OVER THESE PRESUMPTIONS.
AND THIS IS AFTER ANOTHER SCENE
A SPONSORED BILL TO ABATE NECK
AND BACK INJURIES THE HOSPITALS
ARE SCALING BACK ON LIFT TEAMS.
WE NEED HELP FROM YOU WE NEED
RELIEF.
OUR RATES ARE HIGHER THAN ANY
OTHER WORK IN AMERICA HIGHER
THAN TRUCK DRIVERS YET THE DATA
ISN'T ENOUGH WE NEED TO
UNDERSTAND WHAT IS IT GOING TO
TAKE.
THE REASON WHY YOU CAN'T GET
DATE ON THE NILES AND WE PASSED
OUT A LETTER.
FROM GOOD SAM BASICALLY
SUGGESTING THAT ARE NURSES USED
THEIR SICK TIME AND AVOID THE
WORKERS COMPENSATION SYSTEM
THAT'S THE PROBLEM MY MEMBERS
WORK FOR MULTI BILLION DOLLAR
CORPORATIONS WERE BIG MONEY IS
ON THE LINE HERE.
AND MOST OF THE SYSTEMS WE USE
ANY OPPORTUNITY THAT THEY CAN
TAKE TO RETALIATE GETS MY
MEMBERS.
THESE NUMBERS ARE WHISTLEBLOWERS
THEY WORK HARD ON BEHALF OF
PATIENTS IN YOUR FAMILIES AND
THEY DO WHAT'S RIGHT NO MATTER
WHAT.
THESE ARE HIGHLY SKILLED WORKERS
ARE TRAINED IN PHARMACOLOGY
THEY'RE TRAINED IN SCIENCE AND
THEY DO WHAT'S RIGHT NO MATTER
WHAT.
WE DO EVERYTHING THAT WE CAN TO
HELP.
WE'RE ASKING THAT YOU PLEASE
CONSIDER THIS.
ALL THE WHILE INDUSTRIES AND
HOSPITALS ARE SKIPPING TO THE
BANK BECAUSE THEY'VE ENJOYED
HISTORIC SAVINGS IN THE WORKERS
COMPENSATION SYSTEM.
IT'S ALL I'M ASKING MEMBERS IF
WE HAVEN'T MADE THE CASE ON MANY
THESE PRESUMPTIONS I BELIEVE WE
HAVE ON SOME.
I AM WILLING TO ENTERTAIN AND I
SAID TO THE CHAIR A SCALED BACK
BILL ON A PRESUMPTION BILL THAT
MANY OF YOU HAVE VOTED FOR IN
PREVIOUS YEARS WHEN IT WAS A
SKINNER BILL.
WE DON'T BELIEVE THAT THIS IS
GOING TO START THE FLOODGATES ON
OTHER PEOPLE COMING UP FOR
PRESUMPTIONS YOU ALL ARE VERY
SKILLED.
POLITICIANS VERY SKILLED
LAWMAKERS YOU CAN SAY NO TO
THESE PRESUMPTIONS OF IT DOESN'T
MEET THE TEST THAT YOU SHOULDN'T
DO PUBLIC POLICY FOR IT IN THIS
ISSUE.
SO I'M ASKING IS YOU TO
RECONSIDER THIS WILLING TO
ENTERTAIN SOME AMENDMENTS WE
WOULD HAVE LOVED TO HAVE MORE
TIME AND WE RESPECTFULLY ASK FOR
YOUR IPHONE ON THIS MEASURE
THANK YOU.
THANK YOU MISS ROBERSON OTHER.
WITNESSES IN SUPPORT MR CHEN
MEMBERS CAITLIN VEGA FOR THE
CALIFORNIA LABOR FEDERATION ALSO
HERE IN STRONG SUPPORT AND AS
WE'VE SEEN OVER THE LAST FEW
YEARS TALKING ABOUT WORKPLACE
VIOLENCE AT HOSPITALS.
A HEALTH CARE WORKERS ARE
INCREASINGLY ON THE FRONT LINES
OF HANDLING ON SO MANY OF OUR
SOCIETY'S FAILURES AND SO MANY
OF THE PROBLEMS THAT DON'T GET
SOLVED ANYWHERE ELSE OFTENTIMES
IS RESULT IN VIOLENT ATTACKS
THAT RESULT IN EXPOSURE. TO
DIFFERENT KINDS OF ILLNESSES --
YOU EE THE RISE IN YOU KNOW IN
THE QUALITY AND HOMELESSNESS AND
SO MANY OF THE SOCIAL PROBLEMS
THAT THEN TRANSLATE INTO
EXPOSURE TO A LOT OF DIFFERENT --
ILLNESSES THAT MAY NOT HAVE
EXISTED IN THE PAST I'M IN OUR
HEALTH CARE WORKERS ARE IN THE
FRONT LINES OF DEALING WITH THAT.
ALSO I WOULD SAY OUR WORKERS
COMPENSATION SYSTEM -- DEALS WE
THINK FAIRLY WELL WITH EASY TO
IDENTIFY INCIDENTS SOMEBODY
FALLS AND GET YOU KNOW BREAKS
THEIR ARM THAT'S PRETTY EASY FOR
THE SYSTEM TO DEAL WITH.
THE SYSTEM I THINK STRUGGLES A
LOT MORE IN DEALING WITH --
ILLNESSES AND INJURIES THAT ARE
SPECIFIED IN THIS BILL AND
OFTENTIMES THAT MEANS THAT YOU
HAVE I MEAN I REMEMBER THE
STORIES.
OF FIREFIGHTERS WHO WERE
BREEDING AND TOXIC FUMES DURING
FIRES IN GETTING CANCERS AND
FACING TO NILES NOW WE HAVE
NURSES FACING THE SAME THING WHO
ARE GETTING HIGH CANCER RATES.
ON AND SO THIS IS JUST A
RECOGNITION THAT THESE ARE JOBS
THAT ARE.
INHERENTLY DANGEROUS AND
INVOLVED IN THESE KINDS OF
EXPOSURE AND THEN WHEN WORKERS
STRUGGLING GET SICK THEY SHOULD
BE PROTECTED IT SHOULDN'T HAVE
TO FIGHT FOR CARE SO WE'RE HERE
IN STRONG SUPPORT.
THANK YOU VERY MUCH.
IN THE OF OTHERS IN IN SUPPORT
PLEASE COME FORWARD.
AND BROAD ENOUGH TO NUTS THE
BULLS WHO IN THE OPPOSITE MISTER
CHAIR MEMBERS MAP ROUTE FOR THE
TEAMSTERS ENGINEERS AND
SCIENTISTS OF CALIFORNIA
CONSUMER ATTORNEYS IN SUPPORT
THANK.
YOU VERY MUCH BROAD.
IT'S GOOD MORNING AMERICA'S
ARMED HAVE THE CALIFORNIANS
LIMIT LAWYERS' ASSOCIATION
SUPPORT THANK YOU OTHERS IN
SUPPORT -- IS THERE ANYONE HERE
IN OPPOSITION PLEASE COME
FORWARD [inaudible]
THANK YOU.
THE POINT OF THIS SHOW OF I
DON'T KNOW IF IT AS AS SENATE
CAREER THE THE THIS IS A LETTER
FROM GOOD GOOD SAMARITAN
HOSPITAL WHAT WAS.
TO THE POINT OF THE LETTER.
CHAU THE EFFORTS OF THE EMPLOYER.
TO DISSUADE -- REP WROTE A
COUNTY ACCOUNTABILITY WAR TO
DISSUADE PEOPLE FROM I'VE READ
THE LETTER.
FROM A FROM TAKING APPROPRIATE
ACTION. TO KEEP THEM FROM FILING
WORKERS COMPENSATION FOR A TORT
AND I DON'T -- DOWN I THINK IT'S
TOWARDS THE BOTTOM OF THE LETTER
SAYS.
HI MY BELIEVE.
THEY USE AVAILABLE SIX COVER PPO
DURING THE TREATMENT HERE MIGHT
CHOOSE NOT TO TAP.
THEY'RE SICK TIME A PPO BANK
COME UP THROUGH THE TREATMENT IS
NOT OTHERWISE PAID BY THE
HOSPITAL THAT'S POINTS YEAH AND
I WISH AND I APOLOGIZE TO THE
COMMITTEE.
MY LEADER AND THAT WORKS THAT --
GOOD SAM -- ACTUALLY WAS SWEPT
UP INTO THIS LETTER.
THIRTEEN SO IT.
IS A DATE BUT IT DOES MAKE A
POINT.
IF THAT BEHAVIORS CONTINUING
HERE OR ELSEWHERE WE NEED TO DO
SOMETHING ABOUT IT THANK THANK
YOU THANK CHAIRMAN THANK YOU
SENATOR -- YES OF SORRY.
CATHERINE ALSO GOT RID OF THE
CALIFORNIA HOSPITAL ASSOCIATION --
JUST ON THIS LETTER WE CAN LOOK
BACK BUT I HAVE A VAGUE
RECOLLECTION.
THAT THERE WAS SOME --
INVESTIGATION WORK ON THIS
LETTER SO WE CAN FOLLOW UP -- ON
THIS AS WELL WHEN WE WERE
TALKING ABOUT MERCED.
MA'AM.
I DON'T THINK WE WOULD ENDORSE
THAT -- AT THANK YOU US SENATORS --
CALIFORNIA.
CALPERS GOT CALIFORNIA HOSPTAL
ASSOCIATION -- I FIRST NEED TO
BE CLEAR THAT -- FOR HOSPITALS
THERE'S NOTHING MORE IMPORTANT
THAN OUR PATIENT SAFETY IN OUR
EMPLOYEE SAFETY WHAT WE DO EVERY
DAY.
IS WHAT OUR EMPLOYEES DO HOW WE
TREAT PATIENTS IS BECAUSE OF OUR
EMPLOYEES SO IT'S DIFFICULT TO
HEAR THAT WE MAY NOT BE MANAGING
OUR WORK COMP SYSTEM AS WELL AND
WE'LL TALK ABOUT THE FACTS TO
COUNTER THAT A LITTLE -- WHEN
WHEN WE KNOW THAT THE RESULT OF
OUR GOOD PATIENT CARE IS BECAUSE
OF OUR EMPLOYEES AND HOW WE HELP
THEM THROUGH THEIR JOB WE HAVE?
SO. FOR US I I JUST WANT TO BE
CLEAR THAT THAT THAT IS THAT IS --
NOT THE PICTURE WE'D LIKE YOU TO
KEEP OF HOW WE MANAGE OUR
EMPLOYEES -- AS SAID AND WE'LL
GET TO THE CALLOW SHOUD PIECE
HERE IN A SECOND BUT JUST
QUICKLY -- WE DO WORK HARD -- TO
TO MANAGE A SAFE ENVIRONMENT AND
FOR US -- I WANT TO GET STRAIGHT
TO SORT OF THE DENIAL RATE IF I
COULD -- FOR US HOSPITALS HAVE
NOT SEEN SUBSTANTIAL -- DENIAL
RATES ARE WHEN WE LOOKED AT THE
EVIDENCE WE TOOK A FEW OF OUR
HOSPITALS -- WE COULDN'T QUICKLY
AND I'M OUT OF A COUPLE MONTHS
PULL TOGETHER ALL OF OUR DENIAL
RATES BUT WE TOOK A FEW OF OUR
MEDIUM SIZE SYSTEMS.
AND OUT OF APPROXIMATELY TWENTY
FIVE HUNDRED CASES FILED -- OVER
A THREE YEAR PERIOD 15% MORE IN
THESE CATEGORIES BUT ONLY 3%
WERE DENIED AND THAT WAS AFTER A
SUBSTANTIAL REVIEW -- WHICH IS
WHAT THE WORK COMP SYSTEM I'M
REQUIRES AND OUR HOSPITALS
ENGAGE IN -- IT'S IMPORTANT TO
NOTE THAT WE DO HAVE A LOT OF
PREVENTION POLICIES -- BOTH AS A
PART OF THAT CAL OSHA SYSTEM
THAT WILL BE NOTED BUT ALSO AS
PART OF OUR WORK COMP SYSTEM.
ON THE MUSCULAR SKELETAL
INJURIES 50% 56% OF CASES WERE
FILED OVER THAT SAME TIME -- AND
ONLY 2% WERE DENIED SO I I AND
WE'RE STRUGGLING WITH THE
ACCUSATION THAT THERE'S A HIGH
DENIAL RATE THERE ARE CASES BUT
AGAIN -- THEY ARE BEING
ADJUDICATED AND MANAGED IN THE
SYSTEM THAT CURRENTLY EXISTS.
I THINK THE APPLICATION THE
PRESUMPTION IN THE WORK COMP
SYSTEM ALSO.
OPPOSES ADDITIONAL -- CONCERNS
ESPECIALLY IN THE MASS OF I
THINK WE'RE WORKING OUT I DIDN'T
I DIDN'T COUNT BUT IT'S EIGHT I
THINK -- THAT WOULD BE ADDED TO
A PRESUMPTION SYSTEM -- AND THE
PRESUMPTION PAUL CAN BE REFUTED
WOULD BE HARD TO OVERCOME GIVEN
THE NATURE OF THE HEALTH CARE
SYSTEM I'M IN WERE SO THEREFORE
COULD BE AN INSURMOUNTABLE
HURDLE FOR US.
I'M GIVEN THE DYNAMICS -- S.
ESPECIALLY SINCE YOU CAN DO POST
EMPLOYMENT.
AS WELL SO IT GOES FORWARD AS
WELL AND MANY OF OUR NURSES ARE.
A LOT OF OUR NURSES WORK IN TWO
DIFFERENT FIREMAN SO WE WOULD
STRUGGLE TO FIGURE OUT HOW THEY
MANAGE IF THEY'RE WORKING
PICKING UP A SHIFT AT A HOSPITAL
EVEN A COUPLE TIMES A YEAR.
AND HOW DO YOU MANAGE THAT
APPORTIONMENT -- I WANT TO LEAVE
TIME FOR OTHER CAL OSHA
PREVENTION EFFORTS SUCH A REAL A
REAL PART OF WHAT WE DO EVERY
DAY -- AND THEN FOR THE WORK
COMP PROVIDERS TO TALK ABOUT THE
VERY GOOD THANK YOU.
GOOD MORNING GAIL BUDGET FIGURE
WITH A CALIFORNIA HOSPITAL
ASSOCIATION I'M I DID WANT TO
ADDRESS -- THE ISSUE IDENTIFIED
IN THE ANALYSIS THAT NUMBER
NUMBER TWO ISSUE OF THAT YOU
CONSIDER IS IT POSSIBLE TO EVADE
THESE INJURIES ARE OCCUPATIONAL
HAZARDS THROUGH SUPERIOR SAFETY
ROLES -- AND I JUST WANTED TO
HIGHLIGHT THAT ALL OF THE WORK
THAT ALREADY.
HAPPENS -- IN CALIFORNIA WE HAVE
A VERY ROBUST CAL OSHA AGENCY.
WE HAVE OBLIGATIONS HOSPITALS
AND ALL EMPLOYERS HAVE
OBLIGATIONS TO HAVE AN INJURY
AND ILLNESS PREVENTION PLAN.
WHICH REQUIRES IDENTIFICATION OF
RISKS AND MITIGATION ARE BRASS
OVERALL AND ON TOP OF THAT.
HELLO CHAU HAS -- AND IN SOME
PART -- DUE -- TO PREVIOUS
EFFORTS OF THE SPONSOR OF THIS
BILL TO GET LEGISLATION AEROSOL
TRANSMISSIBLE DISEASE STANDARD
BLOOD BORNE PATHOGENS STANDARD
SAFE PATIENT HANDLING STANDARD
WORKPLACE VIOLENCE PREVENTION
STANDARD.
HELLO JUST CONSIDERING
ANTINEOPLASTIC DRUG HANDLING
STANDARD WHICH WOULD DEAL WITH
THE HANDLING OF CANCER --
COMPOUNDS -- WHICH ACTUALLY KIND
OF THROUGH THE PUBLIC COMMENT
PERIOD AND THAT ADVISORY
COMMITTEE REALLY APPEARS TO BE
MORE OF AN ISSUE AND POSITION
OFFICES AND HOSPITALS.
HOW MUCH I'LL TALK ABOUT -- AND
A LITTLE BIT MORE AS WELL AS
LABELING HAZARDOUS MATERIALS I
MEAN THERE'S JUST IT'S A VERY
CONTROLLED ENVIRONMENT AS
OPPOSED.
TO THE OTHER FIRST RESPONDERS
THAT ARE OUT IN THE COMMUNITY --
AND THEN ON TOP OF THAT WE ALSO
HAVE THE CALIFORNIA DEPARTMENT
OF PUBLIC HEALTH.
THAT REQUIRES VERY RIGOROUS
INFECTION CONTROL STANDARDS.
SO WHERE WE GOT AN OPPORTUNITY --
FOR GOOD GOOD OPPORTUNITY -- FOR
ABATING THESE INJURIES AND
OCCUPATIONAL HAZARDS AND AS AS
CAT EXPLAIN WHERE THEY DO ARISE
THE WORKERS COMPENSATION SYSTEM
IS.
PROBABLY TALK ABOUT IS ALREADY
LEANING IN FAVOR OF AN EMPLOYEE
AND ASSUMING THE THE THE INJURY
IS WORK RELATED -- AND THEN SO
WITH ALL TING IN A PRETTY LOW
DENIAL RIGHT EXACTLY THAT I'LL.
HAND IT OVER TO JASON'S.
THANK YOU MISTER CHAIRMAN
FRUSTRATION SMELTER HERE ON
BEHALF OF THE CALIFORNIA
COALITION ON WORKERS
COMPENSATION AND SEE SEC ACCESS
INSURANCE AUTHORITY -- REALLY
QUICKLY UNDERSTAND RULES OUT OF
TIME US TO SPEAK TO THE CURRENT
SYSTEM THERE IS -- IT IS A NO
FAULT SYSTEM -- IF INJURIES
OCCUR IN THE COURSE AND SCOPE OF
EMPLOYMENT THEY RE COVERED BY
THE WORKERS COMPENSATION SYSTEM --
SECONDARILY THERE IS A CLAUSE IN
THE LABOR CODE KNOWN AS THE
LIBERAL CONSTRUCTION CLAUSE THAT
ESSENTIALLY SAYS -- HI GOES TO
THE RUNNER THE RUNNER BEING THE
INJURED WORKER THE SYSTEM SHALL.
BEND TOWARDS THE INJURED WORKER --
WITH THE PURPOSE OF PROVIDING
BENEFITS.
SO WE THINK THAT THE CURRENT
SYSTEM AND YOU'VE HEARD ME SAY
THIS BEFORE RELATIVE TO OTHER
PRESUMPTIONS I THINK AS WAS
POINTED OUT.
A BY THE SPONSORS IN THE
SUPPORTERS AND WE JUST DON'T
BELIEVE THAT THEY'RE NECESSARY
THE ANALYSIS DOES A REALLY GOOD
JOB OF IDENTIFYING ASKING SOME
OF THE QUESTIONS THAT -- WE AND
YOU ALL TEND TO ASK WHEN
PRESUMPTIONS ARE ON THE TABLE --
YOU KNOW WHAT DATA IS THERE TO
INDICATE.
THAT THERE'S A HIGHER INCIDENCE
pKNOW WHAT DOES WHAT ARE THE
PREVENTIVE MEASURES -- AND WHAT
ARE THE DENIAL RATES AND I THINK
THE ANALYSIS DOES A PRETTY GOOD
JOB OF SHOWING THE LACK OF OF
DATA AVAILABLE TO SUPPORT THIS
PARTICULAR POLICY.
IT WAS MENTIONED -- THE PRIOR
VERSIONS OF THIS BILL HAVE BEEN
PASSED OUT OF THIS COMMITTEE
OTHER COMMITTEES THAT IS
ABSOLUTELY TRUE -- THEY'VE ALSO
BEEN VETOED -- IN A BI PARTISAN
NATURE BY SEVERAL GOVERNORS TO
GOVERNOR'S -- AND THIS
PARTICULAR VERSION IS BY MY
ESTIMATION THE MOST EXPANSIVE
VERSION OF THE HOSPITAL WORKER
PRESUMPTION THAT HAS EVER BEEN --
HEARD BY THIS COMMITTEE OR ANY
OTHER COMMITTEE IN THE
LEGISLATURE -- IT FOCUSES ON ALL
HOSPITAL EMPLOYEES.
IT PROVIDES FOR TEN YEARS POST
TERMINATION ACCESS TO THE
PRESUMPTIONS -- IT'S THE FIRST
TIME IN THIS IS KIND OF A BIG
DEAL TO US IT'S THE FIRST TIME
THAT A PRESUMPTION WOULD BE
EXPANDED INTO THE PRIVATE SECTOR --
UP UNTIL NOW IT'S BEEN KIND OF A
GOVERNMENT TO GOVERNMENT --
THING FOCUSED ON PUBLIC SAFETY
OFFICERS AND THEIR VERY UNIQUE
CIRCUMSTANCES -- INTO THE TO THE
POINT THAT THE SUPPORTERS MADE
EARLIER WE DON'T SUPPORT THOSE
PRESUMPTIONS EITHER WE DON'T
THINK THEY'RE NECESSARY FOR THE
EXACT SAME REASONS -- AND IN THE
BIG KICKER I THINK IN THIS BILLS
THAT YOU CAN'T GO BACK AND
CONSIDERED PRE EXISTING
CONDITIONS SO YOU ARE REALLY
LOOKING AT SOME IMPACTS ON
APPORTIONMENT.
I WHICH IS A COMPLETELY RATIONAL
THING THAT EXISTS IN THE WORKERS
COMPENSATION SYSTEM -- AND
FINALLY THAT THE COMMENT WAS
MADE EARLIER AND I HAVE TO
ADRESS IT ABOUT THE HISTORIC
SAVINGS IN THE CALIFORNIA
WORKERS COMPENSATION SYSTEM.
AT NIGHT OF MY MEMBERS KNOW WHAT
THAT'S IN REFERENCE TO WE HAVE
THE SECOND MOST EXPENSIVE SYSTEM
IN THE IN THE UNITED STATES.
BY WIDE MARGINS I WILL RATE WERE
EXPENSIVE BUT WERE STABLE WE
APPRECIATE THE STABILITY ALLOWS
US TO PRICE AND MANEUVER AND AND
MAKE IT POSSIBLE TO PROVIDE
THESE BENEFITS YOU VERY MUCH.
APPRECIATED OTHERS IN OPPOSITION
PLEASE DO CHAIR PHIL VERMAELEN
REPRESENTING ACCLAMATION
INSURANCE MANAGEMENT SERVICES
AND ALLIED MANAGE CARE.
I THINK IT'S BEEN SUMMED UP
PRETTY WELL WE HAVE MAJOR
CONCERNS WITH THIS BILL.
AND WOULD URGE A NO VOTE THANK
YOU.
MORNING GOOD MORNING FIFTH
LARGEST ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF JOINT
POWERS AUTHORITY IS WITH A LINER
COMMENTS IN OPPOSITION WITH AS
AN INSTRUCTIONAL SIR THANK YOU.
THE MORNING LOWER CURTIS ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE IN OPPOSITION THIS
BILL CAL CHAMBER DOPPLER THIS
YEAR THANK YOU.
THE CREATURE ON BEHALF OF UNITED
HOSPITAL ASSOCIATION ALSO IN
OPPOSITION.
THANK YOU.
YOUR MEMBERSHIP LEVINE ON BEHALF
OF THE AMERICAN PROPERTY
CASUALTY INSURANCE ASSOCIATION
OPPOSITION.
THANK YOU. TWENTY DELGADO AND
HAVE THE DISTRICT HOSPITAL
LEADERSHIP FORUM IN OPPOSITION.
NUMBER CAN WITH THE ASSOCIATION
OF CALIFORNIA HEALTHCARE
DISTRICTS AND ALSO BE TO HEALTH
CARE GROUP IN OPPOSITION.
THANK YOU OTHERS IN OPPOSITION.
SEEING AND HEARING NO ONE ELSE
BRING IT BACK TO THE COMMITTEE --
QUESTIONS OR COMMENTS -- IS
CLEAR WOULD YOU LIKE TO CLOSE.
THANK YOU VERY MUCH MISTER CHAIR --
APPRECIATE THE OPPORTUNITY
PRESENTED SPELL AND ALSO TO TO
HEAR THE OPPOSITION -- BOTTOM
LINE IS IS THAT -- THE ARGUMENT
SEEMS TO BE THAT -- NUMBER ONE
IS IT IT'S AN EXPANSION INTO THE
PRIVATE SECTOR -- AND YES YES IT
IS -- AND IF THERE'S A GOOD
REASON.
IT WHETHER IT'S AN EXPANSION
INTO THE PUBLIC SECTOR OUR
PRIVATE SECTOR NOT
IT'S THE RIGHT THING TO DO
NUMBER ONE NUMBER TWO IS THAT
THE OTHER ARGUMENT SEEMS TO BE
THAT IT'S A CONTROLLED
ENVIRONMENT BECAUSE IT'S INDOORS
AND IF YOU'VE EVER.
BEEN IN AN EMERGENCY ROOM -- AND
SPENT A SIGNIFICANT AMOUNT OF
TIME WHICH AND FORTUNATELY IT
HAD TO DO A NUMBER OF YEARS.
PAST AND IT'S ONE OF THE MOST
CHAOTIC PLACES -- IT'S VERY
DIFFICULT CULT TO CONTROL WHAT
WHAT WHAT WHAT WALKS IN THE DOOR
OR WHAT IS CARRIED IN THE DOOR --
AS AT BACK BY THE FIRST
RESPONDERS AND AND AND JUST AS
CHAOTIC AS IT IS OUT DOORS IT
CHAOTIC IN THAT IN THAT -- IN
THE AT THE HOSPITAL SETTING THEY
DO THE BEST THEY CAN TO TRY TO
CONTROL THE ENVIRONMENT BUT MANY
TIMES IT'S JUST IT'S JUST NOT
POSSIBLE AND SO -- IF IF THE
ARGUMENT IS THAT WE NEED TO
NARROW THE SCOPE OF THE BILL
WE'RE MORE THAN HAPPY TO SIT
DOWN AND HAVE THOSE
CONVERSATIONS -- AS WELL AS TO
NARROW THAT -- KINDS OF INJURIES --
BUT THE DATA THAT WE HAVE CHAU
FAIRLY SIGNIFICANTLY THAT THE
INCIDENCE OF OF OF INJURY AND
ILLNESS IS SIGNIFICANTLY HIGHER
AMONG NURSES.
AND THE THE INFORMATION FROM THE
CALPERS JOURNAL INDICATES
WORKERS COMPENSATION.
COMPENSATION HAVE SUNK TO A FIVE
YEAR LOW WHICH IS A GOOD THING --
IT'S OBVIOUSLY WE WANT TO KEEP
THAT UNDER CONTROL BUT BUT
REALLY AS WE LOOK AT THE WORKERS
COMPENSATION SYSTEM.
YOU CAN EITHER SPEND A LOT OF
MONEY TRYING TO DENY WORKERS THE
ABILITY TO GET -- COVERAGE OR
YOU CAN PUTTHE MONEY INTO --
IMPROVING THE HEALTH CARE OF THE
WORK.
INJURED OR ARE ILL AND QUITE
FRANKLY THE EASIEST PLACE TO DO
IT IS IN THE HEALTH CARE SYSTEM
WHERE THE HOSPITAL HAS THE
RESOURCES TO BE ABLE TO PROVIDE
WHATEVER IT IS THAT THAT --
THESE NURSES NEED -- IN TERMS OF
OF OF CARE AND SO -- I WOULD
RESPECTFULLY ASK.
THANK YOU THANK YOU SENATOR AND
THINGS LIKE THAT.
THE COMMENTS AND I APPRECIATE
THE TIME THAT WE SPENT.
LAST EVENING AND AND AND ON THE
TELEPHONE -- AND I KNOW THIS IS
IT IT DEEPLY IMPORTANT ISSUE TO
YOU PERSONALLY.
YES I HAVE.
TO OF NOTHING BUT THE TREMENDOUS
AMOUNT OF RESPECT FOR THE WORK
THAT NURSES DO EVERYDAY TO SAVE
ALL OF US TO STRIP CREEK.
CRITICALLY IMPORTANT AND IT'S
IT'S ON GOING TWENTY FOUR HOURS
A DAY WITH THAT.
BUT AS WE'VE TALKED DIE I'M NOT
ABLE TO SUPPORT THE BILL TODAY --
IT BEFORE I GET INTO SOME OF THE
REASONS I I WANT TO STRESS ONE
POINT.
YOU KNOW IT WAS RAISE THE ISSUE
OF LAST WEEK WHERE WE DID VOTE --
FOR THE FIREFIGHTERS PRESUMPTION
BILL -- ARGUING THAT A VOTER FOR
THAT BUILDING WE SHOULD SUPPORT
THIS BILL THE DOG I REJECT THAT
THAT ARGUMENT BECAUSE THEY'RE
THEY'RE DIFFERENT BILLS.
AND DIFFERENT WORKER. FOR ONE
THING THE FIREFIGHTERS BROAD
DATA TO THE TABLE THAT SHOWED
HIGHER INCIDENCES OF SUICIDE
AMONG POLICE OFFICERS PEACE
OFFICERS.
N. WITHOUT THAT DATA I WOULD NOT
HAVE BEEN ABLE TO SUPPORT THAT
BILL.
COULDN'T SUPPORTED THAT BILL ON
THE BASES -- CURRENTLY THERE ARE
NO INDUSTRIAL PRESUMPTIONS IN
THE PRIVATE SECTOR AS WE KNOW.
THIS WOULD MARK THE FIRST TIME.
OF MAKING THE DECISION TO
PRIVATE SECTOR.
PRESUMPTIONS OUT OF WHOLE CLOTH
REQUIRES REALLY AT A MINIMUM
DATA THAT SHOWS IT'S NECESSARY
AND WE DON'T HAVE.
ENOUGH DATA TO DO THAT AS WITH
DETAILED IN THE ANALYSIS.
RIGHT NOW WE LACK THE DATA TO
CREATE A NEW SET OF PRESUMPTION
FOR NURSES EVEN IN THE CASE OF
OF MUSCULOSKELETAL INJURIES
WHERE WE KNOW NURSES.
SUFFER FROM THESE ENTRY INJURIES
AT A VERY HIGH RATE.
WE'LL LACKEY DATA THAT SHOWS THE
HOSPITALS.
ARE DENYING LIABILITY FOR THOSE
INJURIES SO IF THEY'RE GETTING
THE THE THE THE WORKERS COMP.
ALREADY THAN THIS DOESN'T
WOULDN'T CHANGE THAT TO WITHOUT
THE DATA HOW CAN WE KNOW THAT
THE PRESUMPTIONS ARE NECESSARY
AND THAT'S REALLY THE CRITICAL
ISSUE HERE -- THE DATA IS
ACCESSIBLE.
IT WITH THE DEPARTMENT OF
INDUSTRIAL RELATIONS AND AND
WE'RE READY AS WE MENTIONED LAST
NIGHT TO TO MAKE SURE WE GET
THAT DATA SO THAT WE CAN -- SO
THAT WE CAN USE IT AND AND MAKE
IT TO THE BEST A AVAILABLE
OPPORTUNITY TO GET SOMETHING
RESOLVED IN THIS ISSUE BUT BUT
I'M I'M FORTUNE NOT ABLE TO TO
SUPPORT.
THE BILL [inaudible]
TODAY.
OTHER COMMENTER.
INS.
JEAN NONE OF THEM.
YOU FOR CLOSING THE IS THERE A
MOTION.
WE HAVE A MOTION -- AND THIS
WOULD BE DUE TO PASS.
TO A PROPERTY PROCREATION SO
WHAT -- WOULD YOU PLEASE.
THE MOTION IS THE BEST TO
APPROPRIATIONS SENATOR HILL A NO.
HELL NO MORALE.
JACKSON.
MITCHELL [inaudible]
PAN.
THE WHOLE THE ROLE OF THE ABSENT
MEMBERS THANK YOU VERY MUCH FOR
THE TESTIMONY TODAY.
RACIAL SENATOR BRADFORD HERE.
SIR BRADFORD PLEASE.
ITEM NUMBER EIGHT WE'RE MOVING
TO SB.
SEVEN THIRTY ONE AND I'M GOING.
THANK YOU -- GOOD MORNING -- TO
MISTER CHAIRMAN CHAIR AND
COMMITTEE MEMBERS.
SB.
SEVEN THREE ONE EXPLOSIVE
PROHIBITS WORKERS COMPENSATION
BENEFITS ON THE BASIS OF
IMMUTABLE FACTORS SUCH AS RACE
GENDER AND GENETIC MAKE UP THIS
BILLS RESPONSE TO A RECENT COURT
DECISION.
ON WHICH AN INJURED WORKERS A
PERMANENT DISABILITY BENEFIT WAS
REDUCED BY 49% BECAUSE OF A
GENETIC DISPOSITION
THE COURT'S DECISIONS OPENS THE
DOOR TO RACE GENDER AND OTHER
FACTORS BEING USED AS A BASIS.
FOR REDUCING BENEFITS WILL
DISPROPORTIONATELY IMPACT I
WORKERS OF COLOR SB SEVEN THREE
ONE CORRECT THIS INJUSTICE BY
PROHIBITING THE CONSIDERATION OF
SUCH FACTORS WHEN MAKING A
DETERMINATION ON DISABILITY
CLAIMS.
THIS BILL PROVIDES ADDED
PROTECTION FOR A FOR THE MOST
VULNERABLE WORKERS AND ENSURES
THAT THEY ARE TREATED EQUALLY
AND FAIRLY IN RECEIVING THEIR
WORKERS COMPENSATION BENEFITS.
ARE WITH ME TODAY ES CRISTO
SCHOENFELDER NON.
A PAST PRESIDENT OF CALIFORNIA
AFRICAN ATTORNEYS ASSOCIATION
WHO IS ABLE TO ANSWER ANY
QUESTIONS AND I RESPECTFULLY ASK
FOR YOUR VOTE [inaudible]
THANK YOU.
THE SAVE.
KARYN SENATORS FOR THE
OPPORTUNITY TO ADDRESS YOU TODAY
I'M CRYSTAL SHOWN HAS PRESIDENT
OF THE CALIFORNIA APPLICANTS
ATTORNEYS ASSOCIATION.
LET ME BEGIN BY THANKING SENATOR
BRADFORD FOR CARRYING THIS
IMPORTANT MEASURE AND THE
COMMITTEE STAFF FOR THE
THOUGHTFUL ANALYSIS. ELEVEN
YEARS AGO AN INJURED WORKER
NAMED MILTON JONES TESTIFIED IN
SUPPORT OF SB ELEVEN FIFTEEN
MAKE DIDN'T SPELL.
MISTER JONES TEARFULLY EXPLAINS
TO THE COMMITTEE THAT HIS
PERMANENT DISABILITY BENEFITS
HAD BEEN CUT. 50% BECAUSE OF HIS-PREDISPOSITION TO HYPERTENSION
AS AN AFRICAN AMERICAN.
NUMEROUS BILLS SIMILAR TO S. B.
SEVEN THIRTY ONE TO ELIMINATE
BIAS AND DISCRIMINATION IN
CALIFORNIA'S WORKERS
COMPENSATION SYSTEM.
HAVE BEEN PASSED AND
UNFORTUNATELY VETOED.
THESE BILLS HAVE A LOT OF
CONFLICT IN THE LAW TO DEVELOP.
GOVERNMENT CODE SECTION ONE ONE
ONE THREE FIVE PROHIBITS
DISCRIMINATION ON THE BASIS OF
VARIOUS IMMUTABLE
CHARACTERISTICS SUCH AS SEX RACE
OR GENETIC INFORMATION.
BUT AS CENTER BRADFORD MENTIONED
IN TWENTY SEVENTEEN THE CITY OF
JACKSON CASE THE INJURED WORKERS
PERMANENT DISABILITY BENEFITS
WERE REDUCED 49%.
BECAUSE OF IMMUTABLE
CHARACTERISTICS OF GENETICS AND
HEREDITY.
THIS CONFLICT BETWEEN STATUTORY
AND CASE LAW MUST BE RECTIFIED
BY THE LEGISLATURE WE CANNOT
CONTINUE TO ALLOW REDUCTION IN
PERMANENT DISABILITY BENEFITS.
TO FEMALE WORKERS BECAUSE OF
THEIR GENDER OR OLDER WORKERS
BECAUSE OF THEIR AGE OR PEOPLE
OF COLOR BECAUSE OF THEIR
GENETICS THE BEST WAY TO REMEDY
THIS BIAS AND DISCRIMINATION IN
THE STATE'S WORKERS COMPENSATION
SYSTEM.
IS SB SEVEN THIRTY ONE AND WE
RESPECTFULLY REQUEST YOUR
SUPPORT THANK YOU THANK YOU VERY
MUCH -- ANY ADDITIONAL SUPPORT
FOR THE MEASURE.
WITH THIS IS IN SUPPORT.
ANY ANY SUPPORT BEFORE I HEAR
FROM THE TWEENER ANY ADDITIONAL
WITNESSES OF SUPPORT.
SPEAKER CHALUKYA REPRESENTING
THE ALIFORNIA SOCIETY PHYSICAL
MEDICINE REHABILITATION SPORTS.
THANK YOU.
MATT PROPER THE TEAMSTERS THANK
YOU.
IN SUPPORT IN SUPPORT GREAT
THANK YOU ANYMORE SUPPORT BEFORE
WE ARE FULLY CLEANERS.
LET'S HEAR FROM TWO YEARS BEFORE
WE HEAR FROM THE OPPOSITION.
THANK YOU THEN SHARED MEMBERS
ADDRESSES MULTI YEAR ON BEHALF
OF THE CALIFORNIA COALITION OF
WORKERS COMPENSATION WE HAVE A
SUPPORT IF AMENDED POSITION.
FUNDAMENTALLY WE DON'T BELIEVE
THAT THERE IS A REAL.
SIGNIFICANT PROBLEM HERE WE
UNDERSTAND THAT THERE IS SOME
CONFUSING CASE LAW THAT IS
LEADING TO SOMETIMES SOME BAD
OUTCOMES.
I WERE ALSO A FAN OF RESOLVING
THOSE OUTCOMES WE WORK LAST YEAR --
WITH THIS COMMITTEE AND SENATOR
PAN ON LANGUAGE THAT EVERYBODY
COULD AGREE WITH -- BUT
UNFORTUNATELY THAT BILL WAS
VETOED BY GOVERNOR BROWN -- SO
WE'RE HERE TO SAY -- WE'RE HAPPY
TO WORK WITH -- THE SENATOR IN
THIS COMMITTEE AND OTHERS -- TO
FIND AGREEABLE LANGUAGE AGAIN
WERE NOT THERE BASED ON WHAT'S
IN THE BILL -- BUT WE'D LIKE TO
FIND A WAY TO GET BACK THERE AND
HOPEFULLY THAT BILL ISN'T BE AT
THIS TIME.
THANK YOU.
YOU.
DID NOT A TWEENER OR OPPOSITION --
MISS CHAIR FEEL VERMAELEN
REPRESENTING ACCLAMATION
INSURANCE MANAGEMENT SERVICES
AND ALLIED MANAGED.
WE SHARE WITH -- JASON'S
COMMENTS ABOUT -- WE'RE CLOSE
WOULD LIKE TO WORK WITH THE
AUTHOR AND SEE IF WE CAN COME UP
WITH AMENDMENTS.
I WE TO WERE IN SUPPORT OF EIGHT
NINETY NINE LAST YEAR AND WOULD
LIKE TO SEE IF WE CAN WORK
SOMETHING OUT WITH THAT THANK
YOU THANK YOU VERY MUCH OTHERS
IN OPPOSITION THANK YOU MISTER
CHAIR AND MEMBERS SPACE PLANE
BORDERS ON BEHALF OF THE
CALIFORNIA.
JOINT POWERS AUTHORITY IS LIKE
THANK THE COMMITTEE FOR THEIR
THOUGHTFUL ANALYSIS NOT MINOR
COMMENTS WITH THOSE OF MR
SMELTER THANK YOU VERY MUCH
ANYONE ELSE FOR IN OPPOSITION.
BRING IT BACK TO THE COMMITTEE.
COMMENTS OR CONCERNS. TO READ
FOR GOOD BILL THANK YOU.
SELECT CLOSE I THINK IT'S
STRAIGHTFORWARD MEASURE -- WE'VE
SEEN -- THE PRACTICES THAT HAVE
BEEN DESCRIBED AND THIS MEASURE
JUST TRIES TO ADDRESS TO MAKE
SURE THAT PEOPLE ARE NOT
DISCRIMINATE BASED ON GENDER
RACE.
OUR AGE AND I THINK IT'S
SOMETHING THAT WE CAN ALSO.
SUPPORT AND I REQUEST RURAL --
AND AND THANK YOU AND AND I
APPRECIATE YOUR LEADERSHIP ON
THIS IMPORTANT ISSUE IT REALLY
HAS BEEN BEEN CRITICAL -- THE AT
END THERE WERE COMMENTS AND I
KNOW YOU ALWAYS.
ARE SERIOUS ABOUT WORKING WITH
PEOPLE TRYING TO STAKEHOLDERS IN
THE COMMITTEE.
TO AND MOVE IT A LITTLE ALWAYS
pTHAT WOULD BE THANK YOU VERY
MUCH FOR THAT CLOSE IS THERE A
MOTION [inaudible]
TO PROVE.
THANK YOU SENATOR MITCHELL I
APPRECIATE THAT WE DO HAVE A
MOTION PLEASE CALL THE ROLL.
MOTION IS TO PASS TO
APPROPRIATIONS SENATOR HILL HI
HILL I'M AROUND [inaudible]
JACKSON.
MITCHELL.
MITCHELL AYE PAN. TO CHOOSE ZERO
WILL HOLD THE ROLE OPEN FOR THE
ABSENT MEMBERS SENATOR BRADFORD
THANK YOU VERY MUCH.
I SEE WE NEED AUTHORS
[inaudible]
WE COULD.
WELL -- I SO.
WE COULD VOTE ON THE CONSENT
CALENDAR.
THANK YOU VERY MUCH WE HAVE A
MOTION ON THE CONSENT KYLE
CALENDAR THIS ITEM NUMBER SEVEN
SB.
SIX NINETY EIGHT ITEM NUMBER
ELEVEN SB SEVEN EIGHTY TWO ITEM
TWELVE SB SEVEN EIGHTY THREE AND
ITEM.
THIRTEEN AS J. R. SIX PLEASE
CALL THE ROLL.
SENATOR HILL AYE HILL AYE MORALE
[inaudible]
JACKSON [inaudible]
MITCHELL [inaudible]
HI PAM.
THE HAS TO VOTE TO HOLD THE ROLE
OPEN FOR THE ABSENT MEMBERS
THANK YOU SENATOR MITCHELL AND
WE WILL.
PATIENTLY AWAIT -- AN AUTHOR ARE
THERE.
OTHER -- GROW THE FIRST -- BILL
UP ITH BROAD YES IT WAS THE
FIRST ONE YEAH
[inaudible]
CHECK THIS.
BILLS I HAVE TO PRESENT TODAY
.
SENATOR WILL WELCOME IT'S SO
NICE TO SEE YOU.
NEVER THOUGHT I'D BE SAYING THAT.
ALL I KNOW -- WAS THAT THIRTY
TRICK WAS IN IT WELCOME THIRTY
TRICK BUT IT'S NOT POLITE NOT
GOOD ENOUGH YOU KNOW YOUR MOTHER
RAISED HER FEATHER YEAH SHE DID
AND THAT'S WHY I LOVE YOU.
I THANK YOU. FOR BEING HERE
WE'RE MOVING ON TO ITEM NUMBER
TEN IS J. R.. THREE FOR C. THANK
YOU MISTER CHAIR AND MEMBERS --
PRESENT TO YOU TODAY SENT --
SENATE JOINT RESOLUTION THREE
WITCHER'S IT URGES THE U. S.
CONGRESS AND PRESENT IT TO
REPEAL TO HEART HARMFUL FEDERAL
POLICIES.
THE GOVERNMENT GOVERNMENT
PENSION OFFSET ALSO NOTICED AYE
GPL AND THE WIND FILL -- WIND
FALL ELIMINATION PROGRAM TO BE
E. P..
THE G. E. R. P. O. N. W. E. P.
WERE INTRODUCED IN THE NINETEEN
SEVENTIES AS A WAY TO PREVENT
YOU KNOW DOUBLE DIPPING.
FROM GOVERNMENT BENEFITS BECAUSE
OF THE GPO GOVERNMENT EMPLOYEES
MAY SEE THEIR BENEFITS SLASH TO
THEIR SPOUSES EMPLOYMENT
QUALIFIES HIM FOR SOCIAL
SECURITY.
SIMILARLY THE DEBBIE P.
PENALIZES THOSE WHO HAD IT HAVE
A ONE TIME WORK IN THE PRIVATE
SECTOR.
AND QUALIFY FOR SO SECURITY.
THEN LATER GOING TO WORK FOR THE
GOVERNMENT.
IT IS PARTICULARLY HARMFUL TO
PEOPLE HAVE.
PRIVATE SECTOR EXPERIENCE AND GO
AND TEACH AND WON A BIG CONCERNS
BESIDES THE EQUITY ISSUE.
IS OUR ABILITY AS A COUNTRY TO
COMPETE IN THE AND STEM.
AND YOU HAVE ALL THESE PEOPLE.
THAT CAN IMPART GREAT KNOWLEDGE
AND WISDOM TO OUR STUDENTS AND
THEIR PENALIZE ARE A LOT OF
TIMES THEY SIGNED UP AND DON'T
EVEN KNOW THEY'RE GONNA BE
PENALIZED TO LATER THAT'S TRUE
ANYWAY THESE INDIVIDUALS.
MAY SEE THE RIGHTFULLY EARNED SO
SECURITY BENEFITS CUT BY MORE
THAN HALF DUE TO THESE FLOOD
LAWS.
THESE POLICIES WERE INTRODUCED
WITH LITTLE OR NO ANALYTICAL
RESEARCH DONE BEFOREHAND.
LEADING TO UNINTENDED
CONSEQUENCES THEY'RE OFTEN
ESPECIALLY HARMFUL TO ALREADY
DISADVANTAGED INDIVIDUALS.
THE FLOOD FOR ME IS BEHIND THE
POLICIES OFTEN LEAD TO STRICTER
PENALTIES FOR THOSE WITH LESS
INCOME FROM NON GOVERNMENT
EMPLOYERS.
THIS CAN VERY WELL MEAN LOW
INCOME INDIVIDUALS ARE THE ONES
WHO LOSE THE MOST THE GPO AND
DEBBIE P. MAY HAVE BEEN DESIGNED
TO PREVENT PEOPLE FROM TAKING
ADVANTAGE OF THE GOVERNMENT.
BUT INSTEAD THEY HAVE RESULT IN
THE GOVERNMENT TAKING ADVANTAGE
OF HIS PEOPLE ESPECIALLY THOSE
OF ITS MOST DEDICATED PUBLIC
SERVANTS TEACHERS POLICE
OFFICERS FIREFIGHTERS AND NUMBER
OF OTHERS IN PUBLIC SERVICE.
MANY OF WHOM ALREADY STRUGGLE
WITH THE RELATIVELY YOUNG A LOW
INCOMES ARE CONSISTENTLY HEARD
BY RETIREMENT POLICIES IT'S WELL
PAST TIME THAT THAT THAT THE
CONGRESS IN THE MINISTRATION --
FIX THIS AND WE HAVE A COUPLE
PEOPLE HERE TO TESTIFY THANK YOU
SENATOR WILL COME I CERTAINLY
AGREE WITH YOU.
GOOD MORNING GOOD MORNING
JENNIFER BAKER WITH THE
CALIFORNIA TEACHERS ASSOCIATION
VERY PLEASED TO SUPPORT S. G. R.
THREE TODAY WE'D LIKE TO THANK
CENTER WILK FOR BRINGING IT
FORWARD -- WE'D LIKE TO NOTE
THAT THIS DISPROPORTIONATELY
IMPACTS WOMEN AS 72% OF
CALIFORNIA'S EDUCATORS ARE WOMEN
SO WE APPRECIATE YOU STANDING UP
FOR WOMEN ESPECIALLY ON SUCH AN
IMPORTANT DAY -- WE'D ALSO LIKE
TO NOTE THAT CALIFORNIA HAS MADE
IT -- POLICY TO TRY TO RECRUIT
RETAIN EDUCATORS AS A SECOND
CAREER JUST AS WAS NOTED IN THE
BILL SO THAT'S BEEN PART OF
CALIFORNIA'S EDUCATIONAL POLICY
FOR A NUMBER OF DECADES TO TRY
TO RECRUIT RETAIN INDIVIDUALS
FROM THE PRIVATE SECTOR.
BUT MANY OF THEM HAVE NOT
UNDERSTOOD THE IMPACT THAT THIS
WILL HAVE ON THEIR SOCIAL
SECURITY BENEFITS THEY
DISPROPORTIONATELY DON'T FIND
THIS OUT UNTIL THEY GO TO RETIRE
AND SUDDENLY.
THERE HIT WITH THIS HORRIBLE
REALIZATION WE TRIED TO DO WHAT
WE CAN TO EDUCATE OUR MEMBERS
WITHIN CTA CAL STIRS ALSO DOES A
PHENOMENAL JOB TRYING TO EDUCATE
MEMBERS AHEAD OF TIME. TO HELP
EDUCATORS TO UNDERSTAND YOU NEED
TO CONTACT SOCIAL SECURITY TELL
THEM YOU'RE IMPACTED -- BY THE
WEAPON GPO POTENTIALLY AND TRY
TO FIND OUT WHAT YOUR SOCIAL
SECURITY BENEFITS ARE GOING TO
BE.
UNFORTUNATELY MOST RETIREES
DON'T FIND OUT ABOUT THE GPL
INTEL THEIR SPOUSE PASSES AND
CERTAINLY NOT ONLY ARE THEY
ALREADY DEVASTATED FROM THE LOSS
OF A SPOUSE OR PARTNER BUT THEN
THEY'RE ALSO SEVERELY IMPACTED
POTENTIALLY.
BY THE OFFSET OF THE GPO SO WE
BELIEVE THAT IF CONGRESS CAN
PASS THE PROVISIONS TO ELIMINATE
THE WEAPON GPO THAT'S CAN ENSURE
THAT CALIFORNIA'S RETIREES
DISPROPORTIONATELY WOMEN CAN BE
PROTECTED AND CAN CONTINUE. TO
BE RETAINED IN THE EDUCATIONAL
FIELD.
THANK YOU.
MORE DAVE ALL RATS REPRESENTING
CALIFORNIA RETIRED TEACHERS
ASSOCIATION THE PEOPLE WHO
OFFICE SEVEN DISCOVER ON THE
DEATH OF A SPOUSE WITH A FAMILY
INCOME.
HAS BEEN RADICALLY SLASH.
THE SURVIVOR BENEFIT UNDER
SOCIAL SECURITY IS PAID BY THE
SOCIAL SECURITY EARNERS.
NOT THE RECIPIENT OF THE
SURVIVOR BENEFIT SO IT'S
EFFECTIVELY THE CURRENT SYSTEM
IS.
THANK YOU YOU BOUGHT A LIFE
INSURANCE POLICY TO PROTECT YOUR
SPOUSE WHEN YOU DIE.
A CREDIT UNION LIFE INSURANCE
POLICY FOR A LOT LESS MONEY
WE'RE NOT GOING TO PAY.
THIS CREATES TREMENDOUS HARDSHIP
ON PEOPLE WHO HAVE ESSENTIALLY
FAIRLY LOW RETIREMENT ALREADY.
WITH PENALTY OUT IN FEDERAL
COULD HAVE FOR BOTH WEB END GPO
COMBINED.
IT CREATES GREAT HARDSHIP TO
RECRUITMENT AND RETENTION ISSUES
YOU HEARD -- WE ASK FOR YOUR
SUPPORT AND WE ALSO THANK
SENATOR WILK FOR AUTHORING THIS
VERY GOOD THANK YOU SO MUCH
OTHERS IN SUPPORT PLEASE COME
FORWARD IF YOU.
COULD STATE YOUR NAME AND
FILIATION IN.
YOUR STATE CHAIRMAN A MEMBERSHIP
LIST OF ON BEHALF CALIFORNIA
STATE RETIREES AND SUPPORT.
THANK YOU VERY MUCH.
MORNING GOOD MORNING MARIANNE
ASHLEY WITH THE CALIFORNIA STATE
TEACHERS RETIREMENT SYSTEM ALSO
IN SUPPORT.
THANK YOU SO MUCH OTHERS IN
SUPPORT.
IS THERE ANYONE HERE IN
OPPOSITION THESE FORWARD.
SO SEE NO ONE OF REFER YOU BACK
TO THE COMMITTEE STATION HI THIS
IS IT'S VERY GOOD THAT THE I
MEAN THESE PROVISIONS REALLY
HARM PEOPLE AND THERE'S NO
QUESTION ABOUT IT SO UNFAIR
SHOWING JUST.
PEOPLE WHO ARE SERVING US.
IN FURTHER THEIR CAREERS THEIR
LIFE AND THEN TO HAVE THIS
HAPPEN IT'S IT'S JUST IT'S NOT
FAIR I APPRECIATE YOUR BRINGING
FORTUNATE WILL THANK YOU.
CONVERSE FIFTEEN YEARS AGO.
WE'RE WORKING ON BACK AND AND
OBVIOUSLY IT'S GOING TO BE
EXPENSIVE SO IT'S GOING TO BE
PART OF A BROADER SOCIAL
SECURITY REFORM EFFORT.
BUT AGAIN IT'S IT'S NOT
EQUITABLE AND IT I THINK IT'S
GONNA HARM IS A IN TERMS OF
BEING COMPETITIVE ECONOMICALLY
WITH OTHER NATIONS BECAUSE WHEN
I AM GOING. TO ATTRACT THE
TALENT WE NEED SARAH GOOD POINT
THE RELEASE OF THANK YOU.
THE MOTION FROM THE SENATOR
MITCHELL PLEASE CALL THE ROLL.
THE MOTION IS TO PASS SENATOR
HILL HI.
I'M AROUND [inaudible]
JACKSON.
MITCHELL AYE MITCHELL I CAN. TWO
TWO ZERO WILL HOLD THE ROLL OVER
TO THE ABSENT MEMBERS THANK.
GOD THANK YOU [inaudible]
TODAY [inaudible]
WE HAVE.
BIG SENATOR JACKSON WAS A
PRESENTED A BILL IN ANOTHER
COMMITTEE AND SENATOR WIENER IS
AS WELL
[inaudible]
HI [inaudible]
EXCEPT.
WHAT WERE YOU DOING? TO PROVIDE.
TO AND TO BE HEARD.
I KNOW HI
[inaudible]
YEAH [inaudible]
YEAH
THIS IS ME YEAH I KNOW
[inaudible]
GET THAT.
WELCOME IS JACKSON -- WE'RE IN
THE SONG.
WELCOME IS JACKSON THANK YOU
MADAM CHAIR.
ALL RIGHT MISS JACKSON WE ARE
YEAH I HEARD SOMEBODY SING THE
SONG I COULDN'T I COULDN'T I
COULDN'T GET THAT.
KEY -- MISS JACKSON WE ARE
PREPARED I AM.
PREPARED TO HEAR FROM YOU ON SB
ONE THIRTY FIVE WELL I AM
DELIGHTED TO PRESENT ON THAT
ITEM AND A CHAIR.
MADAM CHAIR.
SHORTLY AFTER GOVERNOR NEWSOME
TOOK OFFICE HE TALKED ABOUT THE
KEY IMPORTANCE OF FAMILY LEAVE
FOR EARLY CHILDHOOD DEVELOPMENT.
AND ANNOUNCED HIS DESIRE TO SEE
CALIFORNIA OFFER SIX MONTHS OF
PAID FAMILY LEAVE FOR EVERY NEW
BORN.
BORN IN THE STATE.
I COULD HAVE BEEN MORE EXCITED
BY HIS ENTHUSIASM HAVING WORKED
FOR YEARS ON THIS ISSUE AS I
KNOW YOU HAVE AS WELL.
CHAIR.
IT'S IN THE SPIRIT OF NOW IS THE
TIME TO GET THINGS DONE THAT I
BRING THIS BILL TO YOU.
THE BILL A CALIFORNIA
LEGISLATIVE WOMEN'S CAUCUS
PRIORITY.
WOULD SET US ON A PATH TO FIXING
SOME LONG STANDING INEQUITIES IN
INCONSISTENCIES IN OUR FAMILY
LEAVE LAWS BY STRENGTHENING THE
CALIFORNIA FAMILY RIGHTS ACT.
OTHERWISE KNOWN AS CIFRAS.
WHICH ACTION IS A JOB PROTECTION
FOUNDATION OR ARE PAID FAMILY
LEAVE WAGE REPLACEMENT PROGRAM.
A CORNERSTONE OF CALIFORNIA'S
LEAVE RIGHT SIR FROM OFFERS AN
ASSURANCE FOR THOSE WHO QUALIFY.
THAT IF TAKE OUR THAT IF THEY
CAN TAKE UP TO TWELVE WEEKS OFF
TO CARE FOR A NEWBORN.
OR A SERIOUSLY ILL FAMILY MEMBER
OR THEMSELVES.
THEIR JOB WILL STILL BE THERE
WHEN THEY RETURN.
BUT THE OPERATIVE PHRASE IS FOR
THOSE WHO QUALIFY.
UNFORTUNATELY FOR FAR TOO LONG
FOR TOO MANY CALIFORNIANS HAVE
NOT HAD RETURNED TO WORK RIGHT.
BECAUSE THAT RIGHT IS
ARBITRARILY DETERMINED UNDER THE
LAW BY THE SIZE OF ONE'S
EMPLOYER.
ONCE FAMILY RELATIONSHIPS AND
THE AMOUNT OF TENURE SOMEONE'S
HAD AT THEIR JOB THAT MEANS THAT
MILLION TO PAY INTO ARE PAID
FAMILY LEAVE PROGRAM AND THAT'S
EVERYBODY BY THE WAY ON THIS
DíAS.
BECAUSE A PORTION OF OUR
UNEMPLOYMENT INSURANCE FROM OUR
PAYCHECK GOES INTO THIS BLOCK TO
COUNT FOR PAID FAMILY LEAVE BUT
YOU CAN PAY YOU HAVE.
TO LOSE YOUR JOB FOR ACCESSING --
ACCESSING A BENEFIT THAT YOU'VE
ALREADY PAID.
FOR SO CURRENTLY TWO POINT EIGHT
MILLION CALIFORNIANS TO PAY INTO
THE PAID FAMILY LEAVE PROGRAM
COULD LOSE THEIR JOBS FOR TAKING
TIME OFF TO BOND WITH A NEWBORN.
FIVE POINT SIX MILLION
CALIFORNIANS COULD LOSE THEIR
JOBS FOR TAKING TIME OFF TO CARE
FOR A SERIOUSLY ILL FAMILY
MEMBER. TO FIX THESE INEQUITIES
SB ONE THIRTY FIVE WILL ENSURE
THAT NEARLY EVERYONE WHO PAYS
INTO THE PAID FAMILY LEAVE
PROGRAM.
WILL BE ABLE TO USE IT WITHOUT
LOSING THEIR JOBS.
BY EXPANDING CIFRA TO EMPLOYEES
WHO WORK FOR EMPLOYERS OF FIVE
OR MORE EMPLOYEES.
CURRENTLY THE EMPLOYER THRESHOLD
IS FIFTY FOUR CARE GIVING CLAIMS
AND ONE'S OWN ILLNESS AND TWENTY
FOR BABY BONDING UNDER THE NEW
PARENT LEAVE ACT.
I WOULD ADD THAT NEW YORK IS
CURRENTLY IN THE PROCESS OF A
MULTI YEAR PHASE IN OF A FAMILY
LEAVE PROGRAM THAT APPLIES TO
ALL EMPLOYERS.
REGARDLESS OF THEIR SIZE.
WE'RE JUST TRYING TO MOVE THIS.
TO FIVE THIS BILL ALSO MAKES KEY
CHANGES ON WORK TEN YOUR
REQUIREMENTS AND ADDS IMPORTANT
FLEXIBILITY.
CURRENTLY AN EMPLOYEE WHO
QUALIFIES UNDER SIR.
FOR THE JOB PROTECTION.
HAS TO WORK FOR AN EMPLOYER FOR
TWELVE MONTHS AND HAVE AT LEAST
TWELVE HUNDRED AND FIFTY HOURS
UNDER THEIR BELT TO QUALIFY FOR
JOB PROTECTED FAMILY LEAVE.
THIS CAN CREATE AN UNNECESSARY
HURDLE FOR UTILIZING THE PAID
FAMILY LEAVE PROGRAM WHICH YOU
ARE PAYING INTO REGARDLESS.
SO -- THIS BILL WOULD SHORTEN
THE TENURE REQUIREMENT FOR JOB
PROTECTION TO SIX MONTHS STILL
HAVE PAYING INTO THE SYSTEM BUT
LESSEN THAT TEN YEAR TIME TO SIX
MONTHS.
IT WOULD AGAIN BRING CALIFORNIA
IN LINE WITH NEW YORK'S FAMILY
LEAVE PROGRAM WHICH ALSO HAS A
SIX MONTH WORK TENURE PROGRAM
REQUIREMENT AND SAN FRANCISCO'S
PAID FAMILY LEAVE ORDINANCE.
WHICH HAS A WORK TENURE
REQUIREMENT OF A HUNDRED EIGHTY
DAYS.
THIS BILL WOULD ALSO EXPAND
FLEXIBILITY WHEN IT COMES TO WHO
CAN TAKE BABY BONDING LEAVE TO
ENSURE THAT MORE INFANTS GET
THEIR STRONGEST DEVELOPMENTAL
START WITH INDIVIDUAL.
AT HOME CARE.
NO BETTER PLACE FOR AN INFANT TO
BE SENATE HOME BONDING WITH A
LOVED.
ONE IN FACT NOT ONLY IS IT A
BETTER PLACE BUT WE DON'T HAVE
ADEQUATE CARE FOR THE
ALTERNATIVE THAT'S TRUE.
CURRENTLY 35240% OF INFANTS IN
CALIFORNIA AND I THOUGHT THIS
WAS REALLY OF OF REALLY
INTERESTING AND SOMEONE.
THOUGHT PROVOKING NOTION THAT
35240% OF INFANTS IN CALIFORNIA
ARE BORN INTO SINGLE PARENT
FAMILIES.
THERE IS ONLY ONE PARENT THERE
THE MOTHER.
USUALLY TO CARE FOR THIS CHILD.
IF WE HOPE FOR INFANTS TO
ACHIEVE SIX MONTHS OF INDIVIDUAL
CARE WHICH IS ESSENTIALLY TO
CARING ADULTS TAKING TREE MUCH
EACH.
ARE AS THE GOVERNOR HAS PROPOSED
WE HAVE TO EXPAND THE CIRCLE OF
CARE GIVING TO ALLOW CARE BY A
CARING ADULT.
OTHER THAN A PARENT.
IN THOSE CASES.
SO ON TO OUR GRANDPARENTS WHO
QUALIFIES FOR CIFRA AND
DESIGNATES AN INFANT FOR THEIR
CARE.
THIS WOULD THIS BILL WOULD ALSO
EXPAND PAID FAMILY LEAVE TO
INCLUDE THIS DESIGNATED PERSON.
I MEAN WE HAVE TO FACE FACTS
THIS IS THE WORLD IN WHICH WE
LIVE.
IT IS NOT FATHER KNOWS BEST IT
IS NOT LEAVE IT TO BEAVER THIS
IS A VERY DIFFERENT WORLD IT'S
THE TWENTY FIRST CENTURY WE HAVE
GOT TO START MAKING THE
NECESSARY ACCOMMODATIONS.
SO THAT WE CAN AS A SOCIETY CARE
FOR OUR FAMILIES.
THIS MEASURE ALSO EXPANDS THE
DEFINITION OF FAMILY MEMBERS IN
CIFRA FOR THE PURPOSE OF CARE
GIVING FOR A SERIOUSLY ILL
PERSON. TO INCLUDE A GRANDPARENT
GRANDCHILD SIBLING PARENT IN LAW
CHILD IN LAW WERE DESIGNATED
PERSON TO ALLOW FOR DIVERSE CARE
GIVING NEEDS AND MULTI
GENERATIONAL FAMILIES.
WE ARE ALSO AN AGING POPULATION
WHO IS GOING TO CARE FOR OUR
SENIORS WHEN THEY START TO AGE
AND NEED THAT KIND OF CARE WE
HAVE INADEQUATE FACILITIES FOR
THEM WHO IS GOING TO DO IT.
AND HOW IS OUR ECONOMY GOING TO
BE ABLE TO CONTINUE TO THRIVE
AND FLOURISH WHEN THERE'S NOBODY
TO CARE FOR OUR LOVED ONES.
MOST OF THESE FAMILY WERE
MEMBERS ARE ALREADY INCLUDED IN
THE PAID FAMILY LEAVE PROGRAM IN
THIS WOULD SIMPLY ALIGN OUR JOB
PROTECTION LAW.
WITH ARE PAID FAMILY LEAVE
PROGRAM.
THIS PROVISION ALSO RECOGNIZES
THAT FAMILIES TODAY ARE SMALLER
THEY LIVE FARTHER APART AND ARE
OFTEN ON CONVENTIONALLY
ASSEMBLED.
SOMETIMES LOVINGLY REFERRED TO
IS BLENDED FAMILIES.
AN AGING ADULTS RELY ON A WIDE
NETWORK OF RELATIONSHIPS FOR
CARE GIVING.
BY ALLOWING CARE GIVING FOR A
DESIGNATED PERSON THIS PROVISION
ALSO RECOGNIZES THAT THE MOST
OBVIOUS CARE GIVER FOR A
SERIOUSLY ILL PERSON.
MAY BE A NON RELATED LOVED ONE A
ROOMMATE OR A LONG TIME NEIGHBOR
OR FRIEND.
I SHOULD ADD THAT EXPANDING THE
CIRCLE OF CARE GIVING TO
EXTENDED A CHOSEN FAMILY IN THIS
BILL IS NOT UNIQUE.
PAID FAMILY LEAVE LAWS IN NEW
YORK.
COVER CLOSE RELATIONSHIPS THAT
HAVE MAY NOT HAVE BEEN LEGALLY
FORMALIZED.
IN EIGHT LOCALITIES IN THE
STATES OF ARIZONA RHODE ISLAND
AND NEW JERSEY HAVE PASS PAID
SICK TIME LAWS THAT ALSO COVER
CHOSEN AND EXTENDED FAMILY.
IN ADDITION EFFORTS ARE NOW
UNDERWAY IN PLACES LIKE RHODE
ISLAND. TO EXPAND THE FAMILY
DEFINITION IN THEIR PAID FAMILY
LEAVE LAWS WE ARE NOT THE FIRST
YEAR.
WE ARE NOT OUT AHEAD WE ARE
FOLLOWING.
OUR AND I THINK IT'S IMPORTANT A
AS A STATUS LARGEST WE ARE THAT
WE SEND THAT STRONG MESSAGE THAT
WE RECOGNIZE THIS IS THE TWENTY
FIRST CENTURY FAMILIES ARE
DIFFERENT OUR NEEDS ARE
DIFFERENT.
AND WE HAVE A RESPONSIBILITY AS
A SOCIETY TO MEET THOSE NEEDS.
SO IN FINALLY.
THIS BILL WOULD ALLOW CIFRA.
WITH EXPANSIVE FOR I SHOULD SAY
TO ALLOW JOB PROTECTED TIME OFF
TO CARE FOR NEEDS THAT ARISE
WHEN AN EMPLOYEE SPOUSE DOMESTIC
PARTNER.
PARTNER OR CHILD IS DEPLOYED
OVERSEAS AS A MEMBER OF THE
ARMED FORCES THIS EXTENDS JOB
PROTECTION FOR POPULATION THAT
WAS RECENTLY CHEST INCLUDEDIN
OUR PAID FAMILY LEAVE PROGRAM.
AS A RESULT OF LEGISLATION I DID
LAST YEAR.
WE NEED TO STREAMLINE THE
PROCESS WE NEED TO CLARIFY IT
MAKE IT MORE CONSISTENT SO THE
PEOPLE BOTH EMPLOYERS AND
EMPLOYEES UNDERSTAND.
WHAT WE EXPECT OF THEM WHAT
THEY'RE ENTITLED TO TAKE AND IN
DOING SO WE CAN FURTHER ADVANCE?
ECONOMY OUR SOCIETY AND MAKE
THIS PLACE A STRONGER BETTER
PLACE FOR ALL OF OUR CHILDREN
AND OUR FAMILIES AND OUR LOVED
ONES WITH THAT.
I HAVE TWO WITNESSES HERE ERIN
CABLE WITH FIRST FIVE CALIFORNIA
AND JULIA PARISH WITH THE LEGAL
AID AT WORK WHO WILL SPEAK MORE
ABOUT THIS BILL.
THANK YOU VERY MUCH MISS CABLE.
THANK YOU CHAIRMAN AARON GABLE
FROM FIRST LIVE CALIFORNIA YOUR
STATE COMMISSION ON EARLY
CHILDHOOD.
SPOKEN CHAMPION FOR YOUNG
CHILDREN SO I WILL KEEP THIS
BRIEF THANK OUT RESEARCH OUT OF
HARVARD THE UNIVERSITY OF
WASHINGTON AND MANY OTHERS.
HAVE HAVE PROVEN A STARTLING YET
SIMPLE CONCLUSION.
NURTURING INTERACTIONS HELP
BUILD CONNECTIONS IN A BABY'S
BRAIN THAT IMPACT THAT CHILD'S
LIFE FOREVER.
QUALITY INTERACTIONS QUALITY
BONDING IN THE FIRST MONTHS AND
YEARS OF A CHILD'S LIFE RESULT
IN LARGER VOCABULARY.
MORE DEVELOP SOCIAL EMOTIONAL
SKILLS BETTER HEALTH OUTCOMES
BETTER EDUCATION OUTCOMES AND
EVEN MORE SUCCESSFUL FINANCIAL
FUTURE FOR THAT CHILD.
BUT KNOWLEDGE ABOUT THIS BRAIN
SCIENCE MEANS NOTHING IF PARENTS
ARE NOT ABLE TO TAKE ACTION TO
SUPPORT THEIR CHILDREN.
DO NOT EVEN HAVE THE ABILITY TO
TAKE BASIC LIMITED LEAVE AFTER
THE BIRTH OF THEIR CHILD AND
SPEND THOSE FIRST KEY MONTHS
NURTURING AND INTERACTING WITH
THEIR CHILD.
KNOWLEDGE ABOUT THIS BRAIN
SCIENCE MEANS NOTHING.
FAMILY LEAVE IS NOT A LUXURY FOR
A PARENT IS A BIOLOGICAL
NECESSITY FOR EVERY CHILD IN THE
STATE OF CALIFORNIA.
IN THE DEBATE BETWEEN MINOR
SHORT TERM INCONVENIENCE FOR
EMPLOYERS AND LONG TERM LIFELONG
BENEFITS FOR A CHILD.
CALIFORNIA'S CHILDREN NEED TO
WIN THE DEBATE.
AND WHILE SB ONE THIRTY FIVE MAY
NOT SEEM TO BE ABOUT.
WALLY CHILD CARE IN OUR CRISIS
HERE IN CALIFORNIA AS A SENATOR
INDICATED PARENTS LACK OF ACCESS
TO AFFORDABLE QUALITY CARE FOR
THEIR BABIES.
IS AN IMPORTANT COMPONENT FOR
AND A NECESSITY IN LOOKING AT
HOW WE NEED TO PROTECT FAMILY
LEAVE IN FACT THE AMERICAN
ACADEMY OF PEDIATRICS IS NOT
RECOMMEND.
THE CHILD RECEIVE ANY KIND OF
OUT OF HOME CARE UNTIL THEY ARE
AT LEAST THREE MONTHS OF AGE FOR
MEDICAL REASONS.
INCREASED QUALITY AND LENGTH OF
PARENTAL LEAVE IS AN INVESTMENT
IN EARLY LEARNING WITHOUT
GENERAL FUND AND PACKED AND IS A
TWO GENERATION IMPACT TO COMBAT
POVERTY.
AND TO INCREASE THE LIFELONG
POTENTIAL OF ALL OF OUR CHILDREN
ON BEHALF OF FIRST FIVE ACROSS
CALIFORNIA I URGE YOU TO SUPPORT
THIS LEGISLATION WHICH IS A VERY
PRUDENT NEXT UP. TO CHEESE
ACHIEVING EQUITABLE ACCESS FOR
OUR CHILDREN TO EXISTING LEAVE
HERE IN CALIFORNIA THANK YOU.
THANK YOU VERY MUCH.
THANK YOU -- MY NAME IS JULIA
PARISH I'M A SENIOR STAFF
ATTORNEY AT LEGAL AID AT WORK
WHICH IS A NONPROFIT
ORGANIZATION THAT ADVOCATE ON
BEHALF OF LOW WAGE WORKERS AND
WHEN I THINK.
AND TEAR PERSON MITCHELL AND
SENATE JACKSON FOR BRINGING THIS
BILL AND PAID FAMILY LEAVE HAS
MADE FAMILIES.
WORK PLACES AND CALIFORNIA
STRONGER IT IS A LIFELINE FOR
WORKING FAMILIES IN THOSE BRIEF
BUT VERY INTENSE MOMENTS OF NEED
EITHER THE BIRTH OF A NEW CHILD.
OR DEALING WITH A SERIOUS
ILLNESS OFA FAMILY MEMBER.
THESE ARE MOMENTS THAT AS AND
ASTABLE SEATED CAN CHANGE THE
COURSES OF LIFE FOR EVER.
BUT WE KNOW THAT SOME OF THE
MOST VULNERABLE FAMILIES IN OUR
STATE ARE BEING LEFT BEHIND --
AND THAT IS THIS THAT THE FACT
THAT WE SIMPLY MUST REMEDY --
OTHERWISE ARE PAID FAMILY LEAVE
PROGRAM A PROGRAM THAT'S
DESIGNED TO PROMOTE HEALTH AND
EQUITY WILL ACTUALLY EXACERBATE
INEQUITIES THAT EXIST IN OUR
SOCIETY. FOR EXAMPLE LOW INCOME
WORKERS AND LOW QUALITY JOBS --
AMONG THOSE WHO ARE AWARE OF THE
PAID FAMILY LEAVE PROGRAM 37%
NOW ELECTED NOT TO USE THE
BENEFITS BECAUSE THEY WERE
AFRAID OF NEGATIVE CONSEQUENCES
AT WORK.
AND WE KNOW THAT -- A
DISPROPORTIONATE NUMBER OF LOW
WAGE WORKERS ARE CONTRIBUTING TO
THE FUND BUT NOT ABLE TO DRAW
DOWN THE BENEFITS SO FOR EXAMPLE --
AMONG WORKERS EARNING TWENTY
FOUR THOUSAND DOLLARS A YEAR OR
LESS THEY ACTUALLY COMPRISE 40%.
OF CONTRIBUTING WORKERS TO THE
FUNDS BUT ONLY 24% OF ACTUAL
CLAIMANTS THERE'S THAT MEANS
THAT LOW WAGE WORKERS ARE
SUBSIDIZING THIS FUND. FOR
HIGHER EARNERS AND WE NEED TO
MAKE SURE THAT WE ARE PROTECTING
THE EQUITY.
AND AVAILABILITY OF THIS --
REALLY IMPACTFUL LIFE ALTERING
BENEFITS FOR THOSE WHO NEED IT
MOST IN CALIFORNIA.
I'M NOT TO MENTION THAT HAS -- A
REALLY POSITIVE IN. FORTY AND WE
KNOW THAT WHEN A FATHER FOR
EXAMPLE IS ABLE TO TAKE LEAVE --
AND BE WITH THE NEW CHILD IT --
ALTERS THE CARE GIVING
RELATIONSHIP FOR THROUGH OUT
THAT CHILD'S LIFE -- BASED ON
JUST THOSE FIRST MOMENTS AND
WITHOUT JOB PROTECTION -- DAD'S
AS CENTERED ACTION POINTED OUT
17% OF THE WORKFORCE IS NOT
ENTITLED TO A SINGLE JOB PROTECT
pAND AND THIS IS ONE OF THOSE
RARE MOMENTS THAT WE HAVE A
SOLUTION THAT WE KNOW CAN IMPACT
A MORE POSITIVE OUTCOME RIGHT IN
FRONT OF US AND WE CAN MAKE IT
HAPPEN -- THE OTHER IMPORTANT
ELEMENT IS THAT -- MOTHERS WITH
YOUNG CHILDREN ARE ACTUALLY THE
FASTEST GROWING SEGMENT OF THE
WORK FORCE IN CALIFORNIA.
AND WE NEED TO BE ABLE TO
PROTECT THEIR JOBS SO THAT
THEY'RE NOT ALTERNATELY LEFT
WITH HAVING TO CHOOSE BETWEEN.
PROVIDING FOR THE FAMILY AGAIN
DURING THESE BRIEF MOMENTS OF
TIME THAT WE HAVE THE ABILITY --
TO PREVENT DERAILMENTS -- OF AND
THE SNOWBALLING NEGATIVE
CONSEQUENCES THAT CAN HAPPEN TO
A FAMILY WHEN THAT WHEN -- FACE
WITH THOSE REALLY DIFFICULT
CHOICES.
THIS BILL ALIGNS THE JOB
PROTECTION ELEMENTS WITH THE
PAID FAMILY LEAVE BENEFITS.
SO THE FOLKS WHO ARE PAYING FOR
THE BENEFIT CAN TAKE IT WHEN
THEY NEED IT -- AND RIGHT NOW
THE CALIFORNIA JOB PROTECTION
LAWS ARE SIMPLY AN ADEQUATE AND
IT IS HARMING WORKING FAMILIES --
OVER FIVE MILLION EMPLOYEES ARE
EXCLUDED FROM THESE DROP
PROTECTION BENEFITS AND FOR
THOSE REASONS HIGHER INTEREST.
THANK YOU VERY MUCH WE'LL ASK
OTHERS IN SUPPORT TO PLEASE LINE
UP NAME AFFILIATION AND POSITION
ON THE BILL PLEASE.
I ENGRAM ACLU OF CALIFORNIANS
SUPPORT ALSO EXPRESSING SUPPORT
ON STE FOR THE STRONGER
CALIFORNIA COALITION AND EQUAL
RIGHTS ADVOCATES THANK YOU.
CHEN AND HOW THIS NARAL PRO
CHOICE CALIFORNIA AND SUPPORT.
VERY CLEAR SHE HOW THE
CALIFORNIA PLAN MILLER'S IS BUT
ASSOCIATION PROUD TO CO SPONSOR
THIS BILL.
JACKIE ONE WITH THE GRACE
INSTITUTE AND THEN CHOP HARVARD
IN CALIFORNIA CAMPAIGN -- FAMILY%
SHOULD NOT HAVE TO CHOOSE
BETWEEN BABY BONDING AND PAYING
FOR IT.
IS A PART THANK YOU MATT BROUGHT
ON BEHALF OF THE ENGINEERS AND
SCIENTISTS OF CALIFORNIANS
SUPPORT THANK YOU.
MEANWHILE HER WELL WITH A. R. P.
CALIFORNIA IN STRONG SUPPORT --
CHILD DISABILITY RIGHTS
CALIFORNIANS SUPPORT.
HEY TONY GOMEZ CALIFORNIA WORK
AND FAMILY COALITION AND I AM ON
THE OAKLAND AGING COMMISSION AND
SUPPORT.
RENEE BAYARDO ESSAY YOU
CALIFORNIANS WORK.
GEN YOU CASSIDY CALIFORNIA
WORKING FAMILY COALITION FAMILY
VALUES AT WORK IN SUPPORT.
BRIAN NELSON THE AMERICAN
FEDERATION OF STATE COUNTY
MUNICIPAL EMPLOYEES AND SUPPORT.
CURTIS CHATHAM A PEDIATRICIAN
FROM THE HEALTHY MOTHERS
WORKPLACE COALITION IN SAN
FRANCISCO I'M IN STRONG SUPPORT
AND REALLY APPRECIATE ALL OF
YOUR ATTENTION TO ENSURE.
THIS BASIC RIGHT FOR CHILDREN
BABIES AND FAMILIES THANK YOU.
KOBE PRESIDED WITH THE
CALIFORNIA ASSOCIATION OF
PSYCHIATRIC TECHNICIANS AND THE
AMERICAN ASSOCIATION OF
PSYCHIATRIC TECHNICIANS AND
SUPPORT.
MICHELLE DUGGAR WITH THE
CALIFORNIA LABOR FEDERATION WE
HAVE A SUPPORT OF AMENDED
POSITION ON THE BILL.
WE STRONGLY SUPPORT THE SEFER
EXPANSION AND BELIEVE THAT THE
ABOUT EMPLOYER SIZE THRESHOLD
AND THE OUR THRESHOLD -- ON
REASONABLE AND SHOULD BE
EXPANDED AS OUTLINED IN THIS
BILL.
WE ALSO STRONGLY SUPPORT THE
OUTCOME ENVISIONED BY THE PAID
FAMILY LEAVE EXPANSION BUT WE
HOPE TO HAVE A BROADER
CONVERSATION ABOUT HOW WE FUND
THAT AND FIND MECHANISM OTHER
THAN.
PUTTING THE COST ON WORKERS SUCH
AS OF A SUCH AS AN EMPLOYER
CONTRIBUTION OR OTHER MEANS
THANKS.
EXACTLY THE WILL YOU BE PREPARED
IN YOUR CLOSING TO ADDRESS.
THAT ISSUE YEAH I I COULD DO IT
NOW FROM HIS LIPS TO GOD'S EARS
RIGHT -- THANK YOU ANY
ADDITIONAL SUPPORT FOR THE BILL --
LISTEN BY THE OPPOSITION TO COME
FORWARD.
WITH MY MAKING THE MUCH FAITH.
WELL LOOK OF THE IRANIAN
[inaudible]
YEAH.
WELL ALL RIGHT.
HI GOOD MORNING LOWER CURTIS ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE HERE IN OPPOSITION
TO THE BILL I WOULD LIKE TO
FIRST START OFF BY NOTING THAT
CALIFORNIA FAMILY RIGHTS ACT.
IS NOT LIMITED TO BE BONDING SO
THIS BILL EXPANDS NOT ONLY THE
BABY FUNDING PROVISION BUT
ESSENTIALLY AM ANY A SERIOUS
MEDICAL CONDITION FOR YOURSELF
OR AN IMMEDIATE FAMILY MEMBER.
AND OVERALL OUR CNCERNS IS THAT
THIS IT LOWERS THE THRESHOLD FOR
WHAT IS CONSIDERED -- FOR
CALIFORNIA FAMILY RIGHTS ACT
LEAVE MEANING THAT IT'S NO
LONGER IN ACCORDANCE WITH THE
FMLA THE FAMILY MEDICAL LEAVE
ACT AND SO THEY DO NOT RUN
CONCURRENTLY IF THIS BILL WERE
TO PASS AN EMPLOYEE WOULD BE
ABLE TO TAKE SET FOR LEAVE.
AND THEN SUBSEQUENTLY TAKE FMLA
LEAVE AND SORE CONCERNED
ESPECIALLY WITH THE THRESHOLD
THEN BEING LOWERED TO EMPLOYERS
WITH FIVE OR MORE EMPLOYEES.
THEN YOU'RE GOING TO HAVE SMALL
EMPLOYERS THAT ONLY HAVE LET'S
SAY FIVE EMPLOYEES AND TWO OF
THEM ARE OUT ON SET FOR LEAVE IN
A THIRTY TO TAKES IT FROM THE SO
IN THOSE KINDS AS CIRCUMSTANCES
THE EMPLOYER HAS NO DISCRETION
AS TO WHO CAN TAKE LEAVE HOW
LONG.
THEY CAN BE OUT FOR AS LONG AS
IT'S FOR THE TWELVE MONTHS AND
THE SOME AMOUNT CAN BE TAKEN
INTERMITTENTLY WHICH MEANS AND
THE EMPLOYER STUCK WITH TRYING
TO FIGURE OUT WHO CAN COVER FOR
THIS LEAVE WHILE EMPLOYEES ARE
OUT AT DIFFERENT TIMES FOR
DIFFERENT LINKS.
SO OVERALL OUR CONCERN WITH THAT
IS THAT THE BURDEN THIS IS GOING
TO PLACE ON SMALL BUSINESSES
ESPECIALLY WITH REGARD TO THE
FIFTY OR MORE EMPLOYEES
THRESHOLD I YOU'RE NOW GOING TO
HAVE EMPLOYEES TAKING SURFER
LEAVE AS WELL AS FMLA.
IF YOU ADD PREGNANCY DISABILITY
LEAVE ON TOP OF THAT THEN YOU
HAVE FOUR MONTHS OF PROTECTED
LEAVE FOR PREGNANCY DISABILITY.
THAT MEANS FOR THE SMALL
EMPLOYERS YOU'RE LOOKING AT A
POTENTIAL OF SEVEN MONTHS LEAVE
AND THEN FOR LARGER EMPLOYERS
YOU'RE LOOKING AT A POTENTIAL OF
TEN MONTHLY.
AND THIS IS A HUGE BURDEN ON
EMPLOYERS -- AND THAT'S WITH
REGARD TO PREGNANCY BUT AS FAR
AS FOR THE AND FAMILY MEMBERS
THAT ARE INCLUDED.
IN THE PREGNANCY A YOU'RE STILL
LOOKING AT A A SIGNIFICANT
BURDEN ON THESE EMPLOYERS AND SO
OUR CONCERN IS IS THAT WHEN.
THEY IN CALIFORNIA WE HAVE NO
ABILITY TO AMANDA FMLA -- TO
MAKE THE IS LAWS A RUN
CONCURRENTLY AND WE ALSO HAVE NO
ABILITY TO TELL AN EMPLOYEE THAT
THEY CANNOT TAKE FMLA LEAVE ONCE
THEY QUALIFY FOR IT. FOR THESE
REASONS WE ARE OPPOSED AT THIS
TIME AND THANK YOU SO MUCH FOR
THE OPPORTUNITY TESTIFIED.
THE MANAGER MEMBERS CHRISTMAS
KAYLEE ON BEHALF OF CALIFORNIA
BUILDS ASSOCIATION I JUST WANT
TO ADD. TWO ADDITIONAL POINTS
THE FIRST IS.
THAT THE THE BILL ALLOWS ANY
DESIGNATED PERSON TO QUALIFY NOT
JUST IMMEDIATE FAMILY MEMBERS
WHICH IS COVERED BY.
FMLA SORE CONCERNED BY THAT.
AND IN ADDITION ALTHOUGH IT'S
OFTEN STATED THAT THIS IS NOT
PAID FOR BY THE EMPLOYERS THERE
ARE EMPLOYER COSTS ASSOCIATED
WITH.
THE CONTINUATION OF BENEFITS FOR
THOSE WHO ARE OUT ON LEAVE IF
YOU'RE PAYING OVER TIME -- FOR
ADDITIONAL WORK BY THE CURRENT
WORK FORCE FOR YOUR PAYING
TEMPORARY EMPLOYEES.
AND OF COURSE WITH THE STATEMENT
OF THE LABOR FEDERATION -- AND
THE IMPLICATIONS OF VANTAGE
POINT THANK YOU.
FAITH BORDERS ON BEHALF OF THE
FAMILY BUSINESS ASSOCIATION OF
CALIFORNIA RESPECTFULLY OPPOSED.
THE PRINTER WOMEN THIRTY HIS TO
THE CALIFORNIA LEAGUE OF FOOD
PRODUCERS ARE RETAINED THE
PROCESSING INDUSTRY IN
CALIFORNIA -- IN ADDITION.
GETTING ANSWER THE CALIFORNIA
RESTAURANT ASSOCIATION WE ARE
RESPECTFULLY POST.
ANY OTHER OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS [inaudible]
THANK PAN.
I THANK YOU SENATE JACKSON --
FOR BRINGING THIS BILL FORWARD --
A YELL.
CERTAINLY IS A PEDIATRICIAN AS
WELL AS A VAMPIRE TODAY
APPRECIATE THE BENEFITS OF
FAMILY LEAVE AND WE DOING -- I
KNOW THAT WE SAT DOWN HAD SOME
CONVERSATIONS AND YEAH I AM
CONCERNED ABOUT THE BURDEN ON
SMALL BUSINESSES -- AND IT AND
IN THE IMPACT THEY HAVE ON THEM
BECAUSE AND I KNOW YOU'VE HAD
EXPERIENCE AS A SMALL BUSINESS
OWNER -- SET SAID WHY -- YOU
KNOW THERE ARE SOME ADDITIONAL
EXPENSES RELATED TO FOR EXAMPLE
GETTING SOMEONE TO WORK
TEMPORARILY SPECIALLY OF YOUR
SMALL BUSINESS AND EVERYONE THEY
HAVE THEIR OWN PARTICULAR TASK
OR OUR OUR PROFESSION -- LICENSE
OR SOMETHING SO IT'S SO I THINK
WHAT WHERE THINGS THAT AND I'M
NOT ACTUALLY ACTUALLY ASKING FOR
ANYTHING IN YOUR BILL TODAY BUT
TERMS OF BROADER CONVERSATION.
THINKING ABOUT SOME THINGS WE
MIGHT BE ABLE TO DO TO HELP OUT
OUR SMALL BUSINESSES IN TERMS OF
SOME OF THE EXTRA EXPENSE THAT'S
ASSOCIATED WITH -- PLAY COMING
OUT GOING ON LEAVE -- WHETHER WE
SHOULD BE OUT BECAUSE TEMP
WORKERS ARE GENERALLY MORE
EXPENSIVE AND LESS EFFICIENT
THAN.
THE PERSON YOU'RE NOT GONNA FIND
SO AS GUESTS TO SIGN UP.
FOR YOU KNOW WHATEVER SIX WEEKS
TO MONTH JOB -- THERE -- WE ARE.
AND MAKES SENSE REQUIRING HEALTH
INSURANCE COVERAGE FOR PEOPLE
WHEN THEY'RE ON LEAVE AND THAT'S
AN EXPENSE FOR SOMEONE WHO'S NOT
ACTUALLY PRODUCING INCOME.
AND AND AND THE OFFICE AND SO --
PERHAPS MAYBE YOU COULD JUST
BRIEFLY TOUCH ON I REALIZED THAT
I'M NOT ASKING FOR SOMETHING IN
YOUR PARTICULAR BILL I THINK
SOME THINGS ARE -- THAT I'M
THINKING ABOUT IS WHETHER WE
SHOULD MAYBE GIVE SOME KIND OF A
SMALL BUSINESS TAX CREDIT. FOR
FOR SOME EXTRA EXPENSES RELATED
TO PEOPLE BE ONLY FOR SOME SORT
OF OPTIONS WE CAN PROVIDE SOME
RELIEF. TO SMALL BUSINESSES TO
WHOM IT MAY BE HAVING MORE
CHALLENGES WRESTLING WITH HAVING
EMPLOYEES OUT EXTEND LEAD WHILE
RECOGNIZING THERE'S A BET STRONG
BENEFIT TO BOTH EMPLOYEES AND
SOCIETY. TWO EIGHT BEAVER PRIDE
LEADS TO THESE YEAH YOU WERE
TALKING FIVE SIX PEOPLE
BUSINESSES.
SURE AND I APPRECIATE THAT AND I
APPRECIATE THE CONVERSATIONS
WE'VE HAD IN HAVING HAD MY OWN
SMALL BUSINESS I KNOW IT CAN BE
CHALLENGING IN FACT EVEN HERE
WHEN WE HAVE.
STAFF THAT GOES ON LEAVE IN AND
WHAT HAVE YOU THAT YOU KNOW WE
ALL SORT OF KINSHIP.
OF BECAUSE THEY WERE GOING TO
GET A NEW MEMBER OF THE FAMILY
COME IN AND WE HAVE ONE OF THOSE
IN MY OFFICE RIGHT NOW WE'RE ALL
WAITING. TO TO MEET OUR NEW.
FAMILY MEMBER OF A SO --
CERTAINLY IF IF THIS WERE TO
CREATE PROBLEMS I THINK IT'S
SOMETHING THAT WE COULD CONSIDER --
BUT YOU KNOW WE KEEP HEARING OF
THE SKY IS FALLING I MEAN THE
CHAMBER PEOPLE HAVE TAKE SEVEN
MONTHS TEN MONTHS I MEAN.
IT'S JUST RIDICULOUS.
I MISS MOST PEOPLE DON'T TAKE
THE LEAVE.
OR THEY DON'T TAKE THE FULL
LEAVE BECAUSE IT'S NOT PAID YOU
CAN'T AFFORD TO IT'S NOT PAID
LEAVE.
ARE YOU GET SIX WEEKS TO IT WERE
YOU KNOW MAYBE SOMEDAY WE CAN
PUSH IT TO TWELVE MAYBE SOMEDAY
WE CAN FIGURE OUT A WAY TO GET
SOME CONTRIBUTION FROM EMPLOYERS
ARE.
THAT'S NOT WHAT THIS BILL IS BUT
I MEAN THIS IS YOU TAKING MONEY
OUT OF YOUR OWN SAVINGS ACCOUNT.
AND AS WE KNOW IN TODAY'S WORLD
PEOPLE DON'T HAVE A HECK OF A
LOT AND SAVINGS.
SO THEY'RE NOT GOING TO TAKE
MORE LEAVE THEN THEY THEY NEED
IF YOU WILL. TO TO CARE FOR
THEIR LOVED ONES OF THEIR
BONDING EXPERIENCES SO -- TO THE
EXTENT THAT.
YOU KNOW WE HEARD THIS WE HEARD
ALL MY GOSH WE GONNA GET PEOPLE
UP TO TWELVE WEEKS TO OF JOB
PROTECTION TO THE BOND WITH
NEWBORN TO CHECK FOR FOR GROUPS
OF TWENTY OR OR MORE.
YOU KNOW IF THERE'S A PROBLEM I
THINK WE CAN DO WITH IT AND WE
HAVEN'T SEEN THE PROBLEMS I
DON'T THINK THEY'RE GONNA HAPPEN --
TAKE A LOOK AT THE SO MANY OF
THE OTHER COUNTRIES IN THE WORLD
FROM CANADA FRANCE TO
SCANDINAVIA.
THEY GIVE A YEAR AND A HALF OF
JOB PROTECTED USUALLY PAID
FAMILY LEAVE AND THOSE COUNTRIES
LAST I LOOKED -- DOING QUITE
WELL -- SO I DON'T THINK THAT'S
THE PROBLEM BUT IF IT WERE TO BE
A PROBLEM I'D CERTAINLY BE VERY
INTERESTED IN TRYING. TO TO TO
FIGURE OUT A WAY PARTICULARLY
WITH THE SMALLER COMPANY
COMPANIES THAT OPERATE ON A VERY
SMALL PROFIT MARGIN USUALLY --
BUT I DON'T WE'RE NOT THERE YET --
I DON'T I DON'T THINK IT'LL BE A
PROBLEM BUT IF IT IS CERTAINLY
NOBODY WANTS TO LOSE THE
BUSINESS IS WHAT WE WANT AD IN
FACT.
THE DATA SHOWS.
THAT OF THE COMPANIES ACTUALLY
BENEFIT WHEN THEY PROVIDE THIS
LEAF THE EMPLOYEES ARE LONGER
STANDING.
THEY'RE MORE LOYAL I YOU DON'T
HAVE TO TURN OVER BECAUSE WHAT
HAPPENS FREQUENTLY IT IS THAT
PEOPLE WILL LEAVE.
THEY HAVE NO WHO WE CAN DO LEAVE
YOUR CHEAT LEVER TO MONTH HOLE
ALL OF ALONE.
I GO BACK TO WORK YOU QUIT YOUR
JOB AND SO THEN THE EMPLOYER HAS
TO FIND NEW PEOPLE AND THE COST
OF TRAINING.
IT HAS A SIGNIFICANT COST
ASSOCIATED WITH IT SO --
ECONOMICALLY AND AND WHAT HAVE
YOU I THINK THIS IS A REAL WIN
WIN IF IT TURNS OUT THERE IS A
SERIOUS PROBLEM THERE ARE THINGS
WE CAN DO TO ADJUST IT THEN BUT
WE HAVEN'T SEEN THOSE PROBLEMS
YET WITH THE LEAVE THAT WE'VE
GOT.
THE FOUR MONTHS THE SEVEN MONTHS
THAT TIME WITH THAT IT'S JUST
[inaudible]
IT JUST.
NONEXISTENT IT DOESN'T HAPPEN IF
WE WERE TO SEE PROBLEMS THEN
CERTAINLY I BELIEVE THAT WE
SHOULD AND WOOD IS A PUBLIC
POLICY BODY TAKE NECESSARY STEPS
THAT POINT.
THANK YOU I'M GLAD YOU MENTIONED
SENATOR JACKSON -- BECAUSE OF
THE NOTE I MADE TO MYSELF IS
THAT WE OFTEN -- IT OPPOSITION
TO POLICY SUCH AS THIS IT IT
RARELY DO WE ACKNOWLEDGE THE
QUANTIFIABLE VALUE BOTH ECONOMIC
AND IN TERMS OF A HEALTHY
CORPORATE CULTURE THE VALUE OF
HAVING THESE KINDS OF POLICIES --
AND WHEN I LISTEN -- TO THE
SEVEN MONTH EXAMPLE YOU KNOW I I
THOUGHT ABOUT MY OWN LIFE
EXPERIENCES WE OFTEN DO AS
POLICY MAKERS -- AND IN THAT I
AM AN ADOPTIVE PARENT THE
PREGNANCY RELATED DISABILITY --
DIDN'T APPLY TO ME AND SO I
THINK THAT THERE ARE SO MANY
UNIQUE CIRCUMSTANCES THAT WE
THAT HAVE TO COME INTO PLAY.
I APPRECIATE YOUR BILL THE FACT
THAT YOU ARE ON THAT KNOWLEDGE
IN THE VAST MAJORITY OF THE
BUSINESSES IN OUR STATE WHICH
ARE SMALL BUSINESSES -- AND WE
ARE TAKING STE.
ALL AOUND A VARIETY OF
WORKPLACE POLICIES TO MAKE SURE
THAT ALL BUSINESSES AND ALL
EMPLOYEES AS MANY AS POSSIBLE
ACROSS THE STATE -- DO HAVE THE
OPPORTUNITY TO BENEFIT.
YEAH THE FRUSTRATING THING FOR
ME AND I JUST CAN'T HELP MYSELF
SENATOR.
IS FINALLY HERE -- THE THE THE
BUSINESS SIDE OF THE EQUATION
LINE UP IN OPPOSITION -- HEY
THAT WE OFTEN DON'T SEE THOSE
SAME PLAYERS LINE UP.
IN SUPPORT OF RESOURCES AND
SERVICES THAT WOULD BE
SUPPORTIVE OF THEIR EMPLOYEES.
LIKE EARLY CARE AND EDUCATION WE
WORKED VERY HARD.
THE TWO OF US IN PARTNERSHIP TO
MAKE SURE THAT THERE.
ARE ADDITIONAL CHILDCARE SLOTS
AVAILABLE AND THAT WE TRY TO
MAKE CHILD CARE HIGH QUALITY AND
AFFORDABLE.
AND A VARIETY OF CHILD CARE
OPTIONS SO WHATEVER YOUR
EMPLOYMENT MAY BE WHERE THE WORK.
EVENINGS AND WEEKENDS I'M TO
SUPPORT SMALL BUSINESSES WHO
NEED PEOPLE AVAILABLE BASED ON
THE NATURE OF THE SMALL BUSINESS
WEEKENDS AND EVENINGS AND SO I
WISH WE COULD FORM A PARTNERSHIP
WITH FOLKS WOULD LINE UP. TO
MAKE SURE SAYS WE'RE NOT GONNA
PROVIDE FAMILY LEAVE.
THAT WE MAKE SURE THAT THOSE
OTHER RESOURCES ARE AVAILABLE TO
THEIR VALUED EMPLOYEES.
WITHOUT ARE THERE ANY OTHER
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS.
SENATE JACKSON TO LIKE ABOUT A
LOT THANK YOU I APPRECIATE THE
DISCUSSION I FEEL FOR A WHILE
THERE THAT I WAS.
SIR TALKING WITH THE CHOIR.
BUT I THINK IT'S AN IMPORTANT
DISCUSSION THAT WE HAVE AND YOU
KNOW IF WE LAUNCH THE FIRST PAID
FAMILY LEAVE PROGRAM IN
CALIFORNIA FIFTEEN YEARS AGO.
IT'S BEEN THAT LONG.
SO AND WE CAN NO LONGER CLAIM TO
BE IN THE LEAD ON THIS ISSUE.
IN THE IN THIS COUNTRY.
AND YOU KNOW AS YOU MENTION THE
OPPOSITION LIKES TO PAINT THIS
BILL IS EXPENSIVE BUT IN FACT.
WE ARE IN MOST CASES JUST TRYING
TO CATCH UP WITH OTHER STATES
AND NOWHERE NEAR CATCHING UP
WITH.
MANY OF THE FIRST WORLD NATIONS
THAT I MENTIONED.
ARE REALITY TODAY IS WE HAVE
MORE TWO INCOME FAMILIES AND
EVER BEFORE.
THAT'S OUR REALITY IN.
MOTHERS THE SOLE OR PRIMARY
BREADWINNER THAT'S A REALITY.
FATHERS ARE INCREASINGLY TAKING
ON MORE CHILDCARE
RESPONSIBILITIES AND I THINK
THAT IS WONDERFUL.
AND APPROPRIATE.
AND NECESSARY.
CALIFORNIA HAS AN AGING
POPULATION WERE FAMILY CARE
GIVING MAKES A VITAL DIFFERENCE.
SO OUR LAWS NEED TO REFLECT ARE
CHANGING REALITY.
IF WE HOPE TO CREATE THE
STRONGEST POSSIBLE START FOR OUR
YOUNG CHILDREN.
TAKE CARE OF OUR BELOVED FAMILY
MEMBERS AND OUR AGING POPULATION
AND KEEP OUR ECONOMY STRONG.
AND I BELIEVE THAT'S WHAT THIS
BILL WORKS TOWARD AND I WOULD
RESPECTFULLY ASK FOR YOUR AYE
VOTE.
THANK YOU VERY MUCH -- OF THE
BILL HAS BEEN MOVED BY.
DOCTOR PAN PLEASE CALL THE ROLL.
MOTION IS TO PASS THROUGH
APPROPRIATIONS SENATOR HILL.
MORRELL NOW MORAL NOTE JACKSON
HI.
MY MITCHELL AYE MITCHELL AYE.
PAM I THOUGHT CENTER JACKSON MY
NOTES SAY SINCE THE CHAIR IS
ABSENT -- THAT HE WAS GOING TO
SUPPORT THE BILL BUT HE HAD SOME
CONCERNS ABOUT THE SIZE OF THE
SMALL BUSINESSES I THINK
INCLUDED.
IN YOUR LANGUAGE AND HE WON IT --
TO TALK.
HOPING THAT TO WORK WILL BE DONE
BEFORE THE BILL HITS THE SENATE
FLOOR SO I WOULD JUST IF YOU
WEREN'T AWARE THAT ALERT YOU TO
THAT TO MAKE SURE THAT THAT
YOU'RE AT THE UP TO HAVE A
CONVERSATION WITH YOU ABOUT IT.
THANK YOU AND I THINK THAT THOSE
CONCERNS WERE REFLECTED BY DR
AMAZON WILL WEAR THEM AND AND
CERTAINLY -- THEY'RE WORTHY OF
CONSIDERATION -- AGAIN IF WE SEE
THIS IS A PROBLEM.
OF IT I I THINK THAT IT WOULD BE
APPROPRIATE TO TO TAKE STEPS I I
WOULD LIKE TO SEE WHETHER IT IS
A PROBLEM BECAUSE AGAIN.
REMEMBERING THE PEOPLE ARE.
PROBABLY NOT GONNA TAKE MUCH OF
THAT TIME PARTICULARLY IN THE
SMALL BUSINESS.
I WOULD SUSPECT THAT MANY SMALL
BUSINESSES WILL TRY TO MAKE
ACCOMMODATIONS SO THAT THEIR
EMPLOYEES.
ARE ABLE TO WORK TO THE EXTENT
THEY CAN'T EVEN IF IT'S PART
TIME MEAN VALUED EMPLOYEES ARE
VALUED EMPLOYEES AND WE WANT TO
KEEP THEM.
I WILL CONTINUE WORKING WITH
WITH THE THOSE WHO HAVE THAT
CONCERN AND AND LOOK FORWARD TO
THAT DISCUSSION AND HAVE ON OF
CONVERSATION BUT WHO CAN AFFORD
TO BE HOME WITH THE NEW BABY WHO
COST YOU BY THE MINUTE.
YOU.
NO RESENTMENT THERE ACTUALLY
ACTUALLY I CERTAINLY HOPE THAT --
WE ACTUALLY WANT TO SEE MORE
PEOPLE TAKE A LEAVE SO THEY CAN
ACTUALLY HAVE WE CAN HAVE THE
BENEFITS OF THAT SO HOPEFULLY
WITH MORE SUPPORT.
THAT WOULD BE ABLE TO HAPPEN
GREAT.
ALL RIGHT THANK YOU I JUST WANT
TO FOR THE RECORD THE STATE OF
THE CONCERNS OF THE CHAIRS
DOCTOR PAN.
WE'RE GOING TO HEAR FROM YOU SB
THREE SIX THREE WORKPLACE SAFETY.
AND I'M GO ASK FOR SOME OVERTIME
PAY BECAUSE I DON'T CARE THIS
COMMITTEE.
I GOT A COMMITTEE I TEAR AND IS
NOT LABOR.
RIGHT RIGHT RIGHT.
PROCEED TO EXPAND THANK YOU
MADAM CHAIR.
TEACHER MEMBERS -- SP THREE
SIXTY THREE WERE REQUIRED ATA
REPORTING FOR ASSAULTS BY
INMATES ON PATIENTS.
ARE PAID BY INMATES OR PATIENTS
ON STAFF AT FACILITIES RUN BY
THE DEPARTMENT OF STATE%
HOSPITALS CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION AND THE
DOCUMENTED INCIDENTS OF VIOLENCE.
PROVIDE THE FOUNDATION FOR
WORKPLACE VIOLENCE PREVENTION.
HOWEVER AGGREGATE DATA REGARDING
ASSAULTS OF STATE EMPLOYEES AND
OUR MOST CHALLENGING AND
VIOLENCE STATE WORK SITES.
IS NOT READILY AVAILABLE.
IN ORDER TO INCREASE AND ENSURE
SAFETY OF OUR EMPLOYEES AT THESE
FACILITIES WE NEED A CONFERENCE
OF ASSESSMENT OF WHERE VIOLENT
INCIDENTS ARE HAPPENING.
HOW OFTEN AND WHICH EMPLOYEES
THE STAKEHOLDERS IN THE STATE
SHOULD BE ABLE TO SHOULD BE
PROVIDED DATA REPORTS ON A
MONTHLY AND ANNUAL BASIS?
RESPECTIVELY TO MONITOR THE
CURRENTS OF VIOLENT INCIDENTS
INVOLVING STATE EMPLOYEES THE
DATA WOULD INCLUDE THE NUMBER OF
OCCURRENCES AT EACH FACILITY JOB
CLASSIFICATION PLEASE ASSAULTED
BY A PATIENT OR INMATE.
AND THE DATE OF THE ASSAULT BY
SHARING THAT THE LEGISLATURE IN
RESPECTIVE CHAIRS OF THE BUDGET.
OF THE BUDGET COMMITTEES RECEIVE
THE SUPPORT ANNUALLY THIS
LEGISLATION TAKES A LOGICAL STEP
IN MITIGATING.
STAFF ASSAULT INTERSTATE
FACILITIES BY UTILIZING THE
LEGISLATURE'S OVERSIGHT ROLES TO
COLLECT DATA THAT COULD BE USED
TO EXPLORE FUTURE POLICIES ARE
REGULATIONS THAT PROMOTE A SAFER
ENVIRONMENT FOR BOTH STAFF.
AND PATIENTS ARE INMATES.
I WOULD MAKE NOTE CERTAINLY IN
PUBLIC HEALTH DATA IS THE FIRST
STEP TO MAKING CHANGES TO MAKE
HELP KEEP PEOPLE SAFER I'M
PLEASED TO HAVE WITH ME TODAY A
BILL JOHNSON THE CHAPLAIN AT
VALLEY STATE PRISON.
AND COOLING A STATE HOSPITAL AND
THE DOCTOR HEALY WILLIAMS A
FORENSIC PATHOLOGIST THAT'S A
COLLEGES SORRY.
THAT THAT PSYCHOLOGIST A
CALIFORNIA STATE PRISON
SACRAMENTO TO SHARE THEIR
SUPPORT AND ANSWER ANY TECHNICAL
QUESTIONS.
HI MY NAME'S HAYLEY WILLIAMS --
I'M HERE IS ON THE LOCAL MEMBER
OF ASKING TWENTY SIX TWENTY AND
AS I WAS STATE I'M OF SENATE
STAFF PSYCHOLOGIST AT CALIFORNIA
STATE PRISON SACRAMENTO -- IT'S
PRETTY NATURAL OF THIS BILL IS
IMPORTANT TO ME STAFF SAFETY IS
SOMETHING THAT'S VERY IMPORTANT
TO ME -- STAFF AT THE PRISONS
ESPECIALLY WHERE I WORK ARE SOLD
AT AN ALARMING RATE DALY --
WHETHER THAT BE SEXUALLY
VERBALLY PHYSICALLY -- IT
HAPPENS MUCH MORE THAN PEOPLE
ARE PROBABLY AWARE OF IN PART OF
THE REASON FOR THAT IS THAT THIS
DATA ISN'T TRACT -- IN A WAY
THAT MAKES IT READILY AVAILABLE
FOR EVERYBODY.
AND BY DOING SO BY HAVING A
TRACK AND HAVING IT AVAILABLE
NOT ONLY ARE WE ALLOWING PEOPLE
TO SEE WHAT'S ACTUALLY GOING ON
IN THESE PRISONS BUT ALSO
ALLOWING US TO HOPEFULLY DEVELOP
A PATTERN.
WHICH AS WE KNOW HISTORY HAS A
TENDENCY TO REPEAT ITSELF AND WE
CAN USE THOSE PATTERNS TO
HOPEFULLY PREDICT FUTURE
BEHAVIOR AND PREVENT FUTURE
ASSAULTS ON STAFF -- ONE REASONS
I WAS ASKED TO COME HERE TODAY
IS THAT I HAVE BEEN ASSAULTED --
ABOUT A YEAR AGO I WAS --
TREATING SOMEONE I NEVER MET
BEFORE.
I WALKED INTO A ROOM AND BEFORE
I COULD EVEN.
REALLY GET IN THE ROOM I'M HE
THREW A LARGE CUP OF YOUR IN MY
FACE AYE AYES MOUTH -- AND
DRENCH ME MY ENTIRE -- UPPER
HALF MY BODY HAD TO GO TO THE
EMERGENCY ROOM AND GO THROUGH
ALL OF THAT AND NOT ONLY IS THAT
SHOCKING TO HAPPEN AT WORK ON
THERE HAVE BEEN SAFETY
PRECAUTIONS WERE IN PLACE SENSE
THEN BUT IT IN FRONT OF A LOT OF
PEOPLE CAN BE KIND OF
EMBARRASSING.
AT A HOSPITAL -- EVERYONE KNOWS
ABOUT IT AND YOUR LITTLE AREA --
HOWEVER THAT'S NOT NECESSARILY
KNOWN.
ACROSS THE STATE SO WHEN THAT
AND MAY GO SOMEWHERE ELSE -- NOT
EVERYONE SO WE KNOWS THE HISTORY
BEHIND THAT.
SO I THINK IT'S VERY IMPORTANT
FOR US TO HAVE A WAY TO TRACK
THIS DATA SO THAT WE DON'T KNOW
WHAT'S GOING ON IN THAT -- THE
TRANSPARENCY AND I DID AS WELL
AND SO THAT WE ALL HAVE A GOOD
IDEA OF WHAT ACTUALLY HAPPENED
IN THESE INSTITUTIONS.
THANK YOU AND YOU ARE NOT A BILL
NEXT WITNESS PLEASE.
THANK YOU -- MEMBERS OF THE
COMMITTEE -- BRIAN NELSON ON
BEHALF OF THE AMERICAN
FEDERATION OF STATE COUNTY
MUNICIPAL EMPLOYEES I'M GONNA
START BY -- THINKING THE
COMMITTEE CONSULTANT FOR HER --
INCREDIBLY THOROUGH ANALYSIS ON
THIS ISSUE -- QUITE SIMPLY I
WON'T BELABOR THE POINT I THINK
IT'S BEEN A THOROUGHLY
ARTICULATED BOB.
OUR DOCTOR PET DOCTOR PAN AND A
DOCTOR WILLIAMS -- THIS IS ABOUT
TRANSPARENCY AND ACCOUNTABILITY
ON THE STATE LEVEL -- THE
LEGISLATURE AS A KEY OVERSIGHT
FUNCTION.
AND WE BELIEVE THAT IT IS THE
LEGISLATURE'S -- CURFEW -- RIGHT
IF YOU WILL -- TO COLLECT THIS
INFORMATION HAVEN'T REALLY
AVAILABLE SO THAT WE CAN
ADEQUATELY ENSURE THAT AS WE
MOVE FOR WHAT WE ARE CRAFTING
POLICIES TO HELP.
REDUCE VIOLENCE IN THIS IS IN
OUR WORKPLACE PARTICULAR IN OUR
OUR OF THE STATE FACILITIES -- I
WOULD ADD THAT -- A A LOCAL
FATHER BROUGHT THIS ISSUE TO US --
LOCAL TWENTY SIX TWENTY OUR
STATE EMPLOYEES WHO WORK IN OUR
FACILITIES.
OUR STATE FACILITIES -- BROUGHT
THIS ISSUE FOR BECAUSE OF AN
INCIDENT THAT TOOK PLACE IN THE
CALIFORNIA MEDICAL FACILITY A
COUPLE YEARS AGO A SEVENTY THREE
YEAR OLD.
A CLINICIAN WAS ASSAULTED -- AND
RAPED BY -- A PATIENT -- THIS
ISSUE WAS ACTUALLY RESOLVED BY A
NUMBER OF OTHER INMATES -- KIND
OF JUMP IN ON THE ASSAILANT AND
WRESTLING THEM DOWN THE PERSON.
WHO WHO WAS ASSAULTED VICTIM
SOUGHT MEDICAL CARE -- BUT WE
FOUND OUT ANECDOTALLY ABOUT.
THIS ISSUE -- BUT WE DON'T THINK
THAT THIS IS AN ISSUE THAT NEEDS
TO BE SUBJECT TO COLLECTIVE
BARGAINING FOR FOR PUBLIC
EMPLOYEE UNITS WE THINK THAT
THIS IS SOMETHING IS WELL WITHIN
THE LEGISLATIVE PURVIEW IS GOOD
PUBLIC POLICY ONLY VERGE
COMMITTEE TO SUPPORT.
THANK YOU FOR FURTHER WITH THIS
IS IN SUPPORT.
MA'AM CHAIR MEMBERS KOBE
PRESIDED WITH THE CALIFORNIA
ASSOCIATION OF PSYCHIATRIC
TECHNICIANS WE REPRESENT ABOUT --
THIRTY FIVE HUNDRED PSYCHIATRIC
TECHNICIANS DIRECT LEVEL CARE
PROVIDERS AT STATE MENTAL
HOSPITALS IN ABOUT ANOTHER
THOUSAND AT THE PRISONS -- JUST
TO LET YOU KNOW LAST YEAR THERE
WAS TWENTY SEVEN HUNDRED
ASSAULTS ON STAFF BYPATIENTS AT
STATE HOSPITALS.
THAT'S DOWN FROM -- FOUR
THOUSAND IN.
TWO THOUSAND TEN AT TWENTY SEVEN
HUNDRED NUMBERS SECTIONAL A
SEXUALLY OUT OF THEIR WAY ANY
OTHER PROFESSION.
WOULD SEE IN ANY OTHER LINE --
WE THINK THAT IT'S THIS IS AN
ABSOLUTELY APPROPRIATE MECHANISM
TO HELP SHINE THE LIGHT AND AND
AND SHOW.
HOW -- HOW DANGEROUS THESE
ENVIRONMENTS ARE WE'VE BEEN
TRYING FOR YEARS TO TRYING? TO
GET THE LEGISLATURE AND AND ANY
OTHER AGENCY TO RECOGNIZE WHAT
KIND OF A DANGEROUS SITUATION
OUR STAFF ARE CURRENTLY WORKING
AND SO WE CAN ACTUALLY DO
SOMETHING ABOUT IT.
SO WE APPRECIATE THIS BILL AND
WE SUPPORT IT [inaudible]
THANK YOU.
REBEKAH GONZALEZ NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTER ON BEHALF OF
OUR SOCIAL WORKERS WHO WORK IN
THESE FACILITIES AND SUPPORT.
GOOD THANK YOU VERY MUCH OTHERS
IN SUPPORT.
AND BEFORE WE GO TO THE
OPPOSITION I JUST WANT TO THANK
SENATOR MITCHELL.
FOR IN THERE OF ANY OPPOSITION
TO THIS -- LEGISLATION.
SOON.
WE DO HAVE A MOTION THANK YOU
VERY MUCH SENATOR PLAN WOULD YOU
LIKE TO CLOSE.
RESPECTFULLY ASK FOR KNIVES
THANK YOU VERY MUCH APPRECIATED
THIS IS A THIS IS A OF OF A
GREAT BILL BECAUSE CONSISTENT
THAT IS VERY IMPORTANT AND AND
WE HAVE SOMETHING THAT WE CAN
RELY ON TO THANK YOU.
FOR YOU IN THE SPONSORS FOR
BRINGING THIS.
THIS BILL FORWARD TO THE
CRITICAL ROLE IN MOTION MOTIONS
TO PASS TO APPROPRIATIONS
SENATOR HILL AYE HILL AYE
MORRELL.
JACKSON.
JACKSON AYE MITCHELL.
MITCHELL AYE PAN.
AND I FOR FOR FOR VOTE TO HOLD
THE ROLLOVER CRAFTED MEMBERS
THANK YOU VERY MUCH.
SENATOR WINNER WELCOME.
ITEM NUMBER.
THREE SB.
TWO SEVENTY ONE WELCOME SENATOR
WINNER.
GOOD MORNING ACOSTA MORNING IT
NOTICES.
ABOUT THREE MINUTES OF THE
PLEASE PROCEED THANK YOU VERY
MUCH MR CHAIRMAN -- COLLEAGUES I
SB TWO SEVENTY ONE IS A NARROWLY
CRAFTED MEASURE -- THAT
CLARIFIES THE APPLICATION OF THE
TESTS AND SECTION SIX OH TWO OF
THE UNEMPLOYMENT INSURANCE CODE --
TO RELATING TO MULTI STATE
SERVICES.
THE GOAL OF THIS BILL IS SIMPLE
TO ENSURE.
THAT MOTION PICTURE PRODUCTION
EMPLOYEES WHO -- MORE MORE
FREQUENTLY OR PERFORMING THEIR
SERVICES NOT TO THINK FOR ANY --
BY OR TRAVELING ALL OVER TO
PERFORM THEIR SERVICES.
ARE TO MAKE SURE THAT THEY ARE
PAYING INTO THE STATE DISABILITY
FIND AND THEN.
ABLE -- TO ACCESS BENEFITS UNDER
THE FIND DISABILITY BENEFITS ARE
PAID FAMILY LEAVE -- AND SO
FORTH RIGHT NOW -- BECAUSE THESE --
OF A LACK OF CLARITY -- IN THIS --
BECAUSE STATUTE WHICH IS CRAFTED
IN YOUR WHEN WHEN MOTION PICTURE
PRODUCTION BOYS ARE REALLY DOING
THEIR WORK THEIR WORK FOR ONE
STUDIO THEY'RE DOING ALL THE
WORK IN CALIFORNIA.
IT'S NO LONGER -- RELEVANT AND
SO WE HAVE -- WORKERS WHO WERE
PERFORMING THEIR DUTIES IN
VARIOUS STATES AND THEN THEY
FIND OUT THAT -- HEY DON'T GET
ACCESS TO CALIFORNIA BENEFITS SO
I RESPECTFULLY ASK YOUR AYE VOTE
TO MAKE SURE THEY CAN ACCESS
AMOUNT.
VERY GOOD THANK YOU AGREEMENT
WITH ME TODAY A REBEKAH RIND --
THE NATIONAL EXECUTIVE DIRECTOR
OF THE INTERNATIONAL
CINEMATOGRAPHERS GUILD LOCAL SIX
HUNDRED M. INSPIRED FROM THE
CALIFORNIA LABOR FEDERATION.
THANK YOU PLEASE PROCEED.
GOOD AFTERNOON I THINK IT IS
GOOD AFTERNOON -- CHAIRMAN HELEN
MEMBERS OF THE COMMITTEE MY NAME
IS FOR BACK CARINE AND I'M THE
NATIONAL EXECUTIVE DIRECTOR OF
THE INTERNATIONAL
CINEMATOGRAPHERS GUILD.
IATSE LOCAL.
SIX HUNDRED THANK YOU FOR THE
OPPORTUNITY TO APPEAR TODAY ON
BEHALF OF KEPT OF THE CALIFORNIA
I OUGHT TO COUNSEL AND THE
ENTERTAINMENT UNION COALITION.
WHOSE MEMBERS ARE THE CIC THE
LABORERS LOCAL SEVEN TWENTY FOUR
THE TEAMSTERS LOCAL THREE NINETY
NINE AND THE SCREEN ACTORS GUILD
DASH AMERICAN FEDERATION OF
TELEVISION AND RADIO ARTISTS.
COMBINED WE REPRESENT CLOSE TO A
HUNDRED AND FORTY THOUSAND WOMEN
AND MEN WORKING IN THE
ENTERTAINMENT INDUSTRY HERE IN
CALIFORNIA.
I AM HERE TO EXPRESS OUR STRONG
SUPPORT FOR SB.
TWO SEVEN ONE SB TWO SEVEN ONE
IS NARROWLY WRITTEN TO ADDRESS A
VERY SPECIFIC PROBLEM OUR
MEMBERS FACE BECAUSE OF HOW
EMPLOYMENT PATTERNS IN OUR
INDUSTRY.
HAVE CHANGED OVER THE YEARS.
WOMEN AND MEN WORKING IN THE
FILM TELEVISION AND NEW MEDIA
PRODUCTION MOVE FROM PRODUCTION
TO PRODUCTION AN EMPLOYER TO
EMPLOYER IN MULTIPLE STATES AND
OFTEN BETWEEN MULTIPLE STATES ON
A SINGLE PRODUCTION.
THE RULES FOR DETERMINING WHERE
EMPLOYMENT TAXES ON OUR WAGES
ARE PAID.
AND WHICH STATE IS RESPONSIBLE
FOR PROVIDING BENEFITS ARE HALF
CENTURY OLD AS AS WAS PREVIOUSLY
MENTIONED AND ARE DIFFICULT TO
CLEARLY APPLY TO OUR INDUSTRY.
THIS HAS LED TO A INCONSISTENT
RESULTS BETWEEN EMPLOYERS AS
WELL AS CONFUSION FOR WORKING
FAMILIES ABOUT HOW TO RESOLVE
DISPUTES OVER THE APPROPRIATE
LEVEL OF BENEFITS OR EVEN
WHETHER THEY ARE.
ABLE TO ACCESS ANY STATE
BENEFITS AT ALL.
AS YOU ALL KNOW PEOPLE USUALLY
NEED THE COVERAGE THESE BENEFITS
PROVIDE MOST AT TIMES OF OF
EXTREME STRESS WHEN THEY'RE
CERTAINLY -- UNEXPECTEDLY OUT OF
WORK WHEN THEY'RE DISABLED AS A
RESULT OF AN INJURY OR ILLNESS
OR WHEN THEY NEED.
OUR WHEN THEY NEED TIME OFF PAID
FAMILY LEAVE WHEN THEY MUST TAKE
ON THE RESPONSIBILITY FOR THE
CARE.
OF FAMILY MEMBERS.
IT IS THE WORST TIME TO TRY AND
FIGURE OUT AND FIX YA EMPLOYMENT
TAXES.
AND DISABILITY CONTRIBUTIONS
HAVE BEEN CREDITED TO THE WRONG
STATE OR NOT CREDITED AT ALL.
SB TWO SEVEN ONE SIMPLY
CLARIFIES THE RULES SO THAT
EMPLOYMENT TAXES AND DISABILITY
CONTRIBUTIONS ARE ATTRIBUTED TO
THE STATE.
WHERE OUR MEMBERS LIVE AND
THEREFORE ARE MOST LIKELY TO
CLAIM BENEFITS THE STATE WHERE
THEY RESIDE?
I WOULD ALSO LIKE TO THANK
SENATOR WIENER FREE SUPPORT.
AND RECOGNITION OF THE NEED TO
ADDRESS THIS PROBLEM.
IT'S WORTH NOTING THAT SO MANY
OF THE BILLS BEFORE YOU TODAY
SEEK TO ENSURE THAT PEOPLE HAVE
ACCESS TO THE CRITICAL SAFETY
NET BENEFITS DESIGNED. FOR
WORKING FAMILIES PUBLIC POLICY
THAT WORKS FOR WORKING FAMILIES
IS SOMETHING ALL CALIFORNIANS
SHOULD BE PROUD OF THANK YOU
AGAIN AND I URGE A YES VOTE ON
SB TWO SEVEN ONE THANK YOU VERY
MUCH THANK YOU FOR BEING HERE
TODAY [inaudible]
GOOD APP.
THANK YOU MISTER CHAIR MEMBERS
MITCH SNIDER WITH THE CALIFORNIA
LABOR FEDERATION PROUD TO
SUPPORT THIS BILL.
AS WAS MENTIONED THE
ENTERTAINMENT INDUSTRY HAS KIND
OF IN RECENT YEARS OF ALL THE
WAY FROM THE ONE THAT WAS THAT
THE D. I. N. PFL PROGRAMS WERE
CREATED.
FOR IT WOULD CREATE A KIND OF A
UNIQUE SITUATION WHERE -- IN
MANY CASES WORKERS DO QUALIFY
FOR THESE PROGRAMS BUT BECAUSE
SO MUCH OF THE WORK IS OUT OF
STATE.
AND THERE'S THIS LACK OF CLARITY
AS TO WHETHER OR NOT EMPLOYER
SHOULD BE PAYING IT WHEN THEY
ARE OUT OF STATE.
IS STILL QUALIFY BUT THE
BENEFITS ARE SO LOW THAT THE
WORKERS DON'T HAVE MEANINGFUL
ACCESS TO IT.
I WE TALKED A LOT TODAY ABOUT
ACCESS TO PAID FAMILY LEAVE AND
ONE OF THE MAIN BARRIERS IS THAT
WHEN BENEFITS ARE TOO LOW.
WORKERS LOOK AT THAT AGE TO SIDE
I CAN'T LIVE ON THAT AND SO THEY
DON'T HAVE ACCESS TO SOMETHING
THAT THEY'RE PAYING.
FOR AND IT'S REALLY KIND OF A
ONE TWO PUNCH IN AN INDUSTRY
WHERE WORKERS HAVE TO GO OUT OF
STATE A LOT WHERE.
THEY THEN ALSO DON'T HAVE TIME
TO BOND WITH CHILDREN IF THEY
HAVE KIDS OR TAKE CARE OF A
LOVED ONE IN ADDITION TO THE
FACT THAT THEY'RE ALREADY BY
DEFINITION HAVING TO SPEND A LOT
OF TIME OUT OF STATE.
AND SO IT'S PARTICULARLY UNFAIR
TO LET THAT LACK OF CLARITY
CONTINUE IN THIS INDUSTRY AND WE
THINK GIVEN THE NARROW
APPLICATION.
AND THE FACT OF THAT ON THIS IS
SOMETHING THAT WORKERS PAY INTO
THAT THEY SHOULD HAVE ACCESS TO
IT -- HOPEFULLY THE SOME OF THE
COMMITTEE CAN CONSERVE CAN
SUPPORT TODAY THAT HAVE A SHEET
THAT OTHERS IN SUPPORT.
WONDERFUL WE COULD DISTRICT
CHAIR MEMBERS MAP BROUGHT FOR
THE TEAMSTERS AND SAG AFTER AND
SUPPORT THANK YOU THANK YOU VERY
MUCH.
GOOD LUCK UP IN OUR IATSE LOCAL
SIX FIVE FIVE SOUND ENGINEERS
VIDEO ENGINEERS AND WILL SUPPORT
THANK YOU.
THE BONY IATSE LOCAL EIGHT EIGHT
FOR THE STUDIO TEACHERS POLICE
SUPPORT THANK YOU.
HE MARK THE IATSE LOCAL.
EIGHT SEVEN ONE THANK YOU.
SUPERBRAWL EVERT AYE ATSC LEVEL
SEVEN OH STICKS STRONGLY IN
SUPPORT AND I WOULD LIKE TO
INTRODUCE PERSON BEHIND ME
SELECT FLATTERY WHO WAS DIRECTLY
AFFECTED.
THANK YOU.
HI MY NAME'S COHAN SLATTERY I
GOT SICK.
SALAS.
I WAS DIRECTLY AFFECTED I WAS
WORKING IN LOUISIANA AN AMAZING
MOVIE AND I WAS THE KEY ON IT
AND I GOT INTO THE ACCIDENT WHEN
I CAME HOME.
AND I FILE FOR DISABILITY AND I
WAS SHOCKED THAT I WASN'T
AVAILABLE AND I ACTUALLY -- TRY
TO FIGHT IT AND WAS SHOCKED THAT
AND THIS WAS FOUR YEARS AGO AND
I JUST HAD MY LAST SURGERY.
IN NOVEMBER AND IT'S IT'S BEEN
AN AMAZING PROCESS FINANCIALLY
DEVASTATING.
AND SO THIS IS MY HOLES CARVE IT
IT'S BEEN A HORRIBLE EXPERIENCE
AND THANK YOU SO MUCH FOR
LISTENING TODAY I'M FROM IRELAND
ORIGINALLY PROUD TO BE AN
AMERICAN CITIZEN IT'S SO
EXCITING.
TO SEE ALL THIS HAPPEN THANK YOU
THANK YOU.
THE WITNESS PLEASE.
JULIE SO CASH IATSE LOCAL SEVEN
OH SIX MAKE UP ARTISTS AND HAIR
STYLISTS ARE MEMBERS STRONGLY
SUPPORT THIS THANK YOU THANK YOU.
ADAM WEST IATSE LOCAL SEVEN OF
FIVE THE MOTION PICTURE
CUSTOMERS AND ALL OF OUR MEMBERS
ARE STRONGLY IN SUPPORT OF THIS
BILL THANK YOU.
BOB DANNY AYE TIS THE LOCAL
SEVENTY NINE MOTION PICTURE SET
PAINTERS AND SIGN WRITERS
STRONGLY SUPPORT THANK YOU.
AT THE PHARMACY CALIFORNIA OUT
TO COUNCIL STRONGLY SUPPORT VERY
MUCH.
ED DUFFY TEAMSTERS LOCAL THREE
NINETY NINE STRONGLY SUPPORT
THANK YOU BUFFY.
ENTER STOP ME -- I ATSC LOCAL
EIGHT HUNDRED ART DIRECTORS
GUILD REPRESENTING MEMBERS
NATIONALLY STRONGLY SUPPORT THIS
THANK YOU VERY MUCH.
ANTHONY POLLOCK IATSE LOCAL
FORTY FOUR STRONG SUPPORT.
TOM DAVIS IDEAS A STRONG SUPPORT
THANK YOU.
AND I MERRICK MICKEY
REPRESENTING ENTERTAINMENT
PARTNERS THE LARGEST MOTION
PICTURE PAYROLL SERVICES COMPANY
IN THE UNITED STATES WE ARE THE
EMPLOYER UNDER CALIFORNIA LAW.
VERY HAPPY TO SUPPORT OUR
WORKERS HERE AND VERY GLAD TO
GET THE CLARIFICATION THAT WE
SAW ON THE NEWS THANK YOU THANK
YOU VERY MUCH VERY NICE.
OF ANY ONE ELSE N SUPPORT SEE
NO ONE IS OR ANYONE HERE IN
OPPOSITION.
SEE NO ONE BRING IT BACK TO THE
COMMITTEE.
FOR THE BILL.
MOTION BEFORE WHO A WEEK
ENTERTAIN THE MOTION WOULD YOU
LIKE TO CLOSE SENATOR
RESPECTFULLY ASK.
HI MY OF THE SENATOR.
YOU CAN GIVE ME LATER.
YOU VERY MUCH FOR RECOGNIZING
THE AFFORDABLE ATTITUDE THANK
YOU I JUST WANT TO SAY BEFORE
YOU CALL THAT IF AT ANY POINT
YOU MEAN THE BILL I'D LOVE TO BE
ADDED ON AS A COSPONSOR.
AND JUST SAY I WAS SRUCK -- MY
FIRST OR SECOND YEAR IN THE
ASSEMBLY MY DISTRICT OFFICE WAS
OVERWHELMED.
EMPLOYMENT DEVELOPMENT
DEPARTMENT HAD CHANGED OR
UPGRADED TO A COMPUTER'S THEM.
THAT -- THEY WERE ROLLING IT OUT
IN WAYS AND THEY DIDN'T HAVE --
OPTIONS ARE UP YOU KNOW WASTE TO
OPT OUT FOR PEOPLE IN THE
INDUSTRY AND THAT'S WHEN I
LEARNED ALL OF THE KIND OF
UNIQUE CIRCUMSTANCES.
AND THAT THE EMPLOYMENT
DEVELOPMENT DEPARTMENT WASN'T
READY TO TO ACKNOWLEDGE AND
INCLUDE YOUR UNIQUE
CIRCUMSTANCES SO BUT WE HAD A
LEARNING CURVE ADDED EDT WHO AT
TO CREATE.
KIND OF CARVE OUTS BUT WE HELD A
TOWN HALL BUT THAT WAS WHEN I
FIRST FULLY UNDERSTOOD IN TERMS
OF KIND OF THE UNIQUE WORK
CIRCUMSTANCES OF THE INDUSTRY
AND HOW WE NEEDED TO BE --
MINDFUL THAT AND I WOULD ALSO
SAY THAT WE WORK VERY HARD TO
MAKE SURE THAT MORE --
CRITICALLY BELOW THE LINEFOLKS
IN THE INDUSTRY DO GET TO WORK
IN STATE SO THEY ARE WITH THEIR
FAMILIES WORKING VERY HARD TO DO
THAT AFTER THE LAST COUPLE YEARS.
SO IF AT ALL POSSIBLE I'D LOVE
TO BE AT ON THE LOCAL WATER.
THANK YOU.
MISTER CHAR ABSOLUTELY MY
PLEASURE SO HAVE YOU HAD
COMMENTS TODAY THAT'S WONDERFUL.
THERE WOULD NEUTRALIZE CLOSE NOW.
QUESTION I'VE A THANK YOU VERY
MUCH I APPRECIATE THAT WE DO
HAVE A MOTION FROM SENATOR
JACKSON PLEASE CALL THE ROLL.
THE MOTION IS TO PASS TO
APPROPRIATIONS SENATOR HILL AYE.
HILL AYE MORALE.
HI MORRELL HI JACKSON.
JACKSON AYE MITCHELL.
MITCHELL I AM.
BEFORE VOTE TO HOLD THE ROLL
OVER FOR THE ABSENT MEMBERS
THANK YOU VERY MUCH THANK YOU.
YOU SHOULD YOU BEING HERE WE
SEIZE.
THE SENATOR STERN PLEASE COME
FORWARD TO MOVING TO ITEM NINE
SB.
SEVEN FIFTY TWO BY.
THE GOOD SENATOR STERN.
SEEMS LIKE IT IS SO THIS BILL
YESTERDAY.
DIFFERENT CHAIR.
A DIFFERENT COMMITTEE.
ITEM NUMBER NINE PLEASE ALL
RIGHT THANK YOU MISTER CHAIR --
PRESENTING AS THE SEVEN FIFTY
TWO WHICH WOULD REQUIRE THE
STATE CALIFORNIA DEVELOP A
MASTER PLAN ON WHAT WE'RE
CALLING TECH EQUITY -- AS
MEMBERS THIS COMMITTEE KNOWN
ESPECIALLY THOSE OF US WHO HAVE
BEEN THROUGH THE DEVELOPMENT OF
THE CZ PA WE KNOW THEIR NUMBER
CONCERNS OUT THERE.
AROUND PRIVACY WITH THE EVER
EXPANDING USE OF SOCIAL MEDIA.
DATA PLATFORMS ALL THE ALL THE
SORT OF SHARING THAT OCCURS AND
WHAT.
THE UPSIDE SET AND THE DOWNSIDES
ARE.
FOR PRIVACY PURPOSES THIS BILL
TRIES TO EXPAND UPON THAT
DISCUSSION.
WHERE WE'RE NOT JUST LIMITING?
CALIFORNIA'S ANALYSIS.
TO PRIVACY BUT ALSO TO THE
BROADER ECONOMICS AROUND THIS
NEW ECONOMY AND TRYING TO
UNDERSTAND THAT ESSENCE.
WHAT WE'RE WORTH?
WHAT ARE VALUE IS IN THIS NEW
PARADIGM?
AND WHAT THE COSTS ARE AS WELL
AS THE BENEFITS OF THIS
INNOVATION.
TECHNOLOGIES EVOLVING FASTER
THAN WE CAN KEEP UP WITH THE
ADVANCEMENTS OF A AYE.
SOCIAL MEDIA INTERCONNECTEDNESS
HUGE HUGE BENEFITS ACROSS THE
WORLD TO TIVY AND HUGE COSTS AND
RISKS AS WELL.
SENATOR JACKSON'S LEAD ON
DIGITAL CITIZENSHIP AND ON SOME
OF THE PUBLIC HEALTH ISSUES
AROUND TECHNOLOGY ADDICTION --
THERE HAVE BEEN CONCERNS ABOUT
DISPLACEMENT -- IN THE WORK
FORCE FRONT ALL THESE ISSUES
NEED TO BE ADDRESSED AND SO WHAT
WE PROPOSES THAT THE TECHNOLOGY
INDUSTRY TAKE THAT EQUITY STAKE
IN CALIFORNIA FUTURE.
AND WE BUILD SOME KIND OF TABLE
IN SOMETIME DISCUSSION WHERE WE
CAN ACTUALLY PUT.
FACTS AND NOT JUST FEAR TO DRIVE
THIS SO I THINK WE STARTED
COUNTING FOR OUR VALUE -- IN
THESE IN THESE ARE DIGITAL
ECONOMIES AND ALSO THE COSTS AND
THE BENEFITS THEY WERE GONNA BE
A MAKE SMARTER DECISIONS GOING
FORWARD SO THAT'S THE PURPOSE
THE BILL IT'S SORT OF A TWO STEP
TO GIVE SOME IS ALREADY TO THE
ADMINISTRATION SET UP A
COMMISSION THE GOVERNOR ALREADY.
MENTION THE IDEA OF A DATA
DIVIDEND I WE WANT EVEN EXPAND
FURTHER ON THAT CONVERSATION SO
THAT'S WHY FROM COMMONSENSE ME
SHE CAME ALL THE WAY FROM
WASHINGTON DC SO WE APPRECIATE%
YOUR BEING HERE AND I
RESPECTFULLY ASK FOR OF A THANK
YOU.
PLEASE WITNESSES IN SUPPORT --
HELLO MY NAME IS I MEAN IF IS A
LIE AND I'M DIGITAL EQUITY
POLICY COUNCIL.
COMMONSENSE -- IT'S A NATIONAL
NONPROFIT ADVOCATING FOR HEALTHY
DIGITAL ECOSYSTEM.
YOU REPRESENT MORE THAN A
HUNDRED MILLION PARENTS FAMILIES
TEACHERS STUDENTS AND EDUCATORS
ACROSS THE NATION WHO WANT TO
LIVE IN A WORLD.
WHERE THEY CAN HARNESS THE POWER
OF MEDIAN TECHNOLOGY FOR
LEARNING AND LIFE?
BUT THEY ALSO WANT THEIR PRIVACY
PROTECTED THEY WANT TO CONNECT
WITH THEIR FRIENDS WITH JOBS
WITH THE WORLD.
AND THEY WANT A VIBRANT FUTURE.
THE SAME KIDS AND FAMILIES FEEL
THAT THEY'RE PART OF A GRAND
EXPERIMENT.
THE INNOVATION ECONOMY IS ONE IN
WHICH YOU'RE TESTING.
DISRUPTING AND IN THE END
FAILING OUR NEXT GENERATION.
AND IT'S NOW TIME TO INNOVATE
FOR CHANGE.
AND I'D LIKE TO QUOTE.
FROM THE VIC MERCY -- WHO SPOKE
AT OUR CONFERENCE THREE WEEKS
AGO?
AS THE NINETEENTH SURGEON
GENERAL UNITED STATES.
IS NOT IT'S NO LONGER MORALLY
ACCEPTABLE FOR TECHNOLOGY
COMPANIES TO SAY WE JUST CREATE
THE PLATFORMS.
HOW PEOPLE USE THEM IS UP TO
THEM?
THAT IS MORALLY INDEFENSIBLE.
IT IS A COP OUT AND IT IS
HURTING CHILDREN.
AND ADULTS THE SIDE IT LARGE.
THE NATION'S DOCTORS FOR FOUR
YEARS WHO CHALLENGE THE MEDICAL
ESTABLISHMENT TO TURN THE TIDE
ON THE OPIOID CRISIS THEN
CONTINUED ABOUT TECHNOLOGY.
WHAT WE HAVE TO DO IS ASK
OURSELVES WHAT THE IMPACT OF OUR
PRODUCTS AND SERVICES?
ARE ON ON THE PEOPLE THAT WE ARE
SEEKING TO SERVE.
PART OF THAT INVOLVES
UNDERSTANDING AND INVESTING IN
THAT IMPACT AND THE COURAGE TO
ACTUALLY TAKE ACTION IF WE SEE
THERE MAY BE NEGATIVE IMPACTS.
EVEN IF THAT IMPACTS OUR PROFIT.
WE HAVE TO FUNCTION WITHIN AT
THAT THAT PEOPLE AND THEIR WELL
BEING COME FIRST AND GOVERNMENT
CAN PLAY A ROLE.
BY CONVENING THE RIGHT PLAYERS
TO HAVE A CONVERSATION.
PLACING THIS HIGH INTERNATIONAL
AGENDA.
CALIFORNIA WITH THIS TECH EQUITY
ACT IS DOING JUST THAT.
PLACING THE ISSUE OF HOW TACK
IMPACTS SOCIETY HI ON OUR
NATIONAL AGENDA.
PRIVACY IS ONLY BEGINNING DON'T
ONLY THE BEGINNING OF THE
CONVERSATION WHEN IT COMES TO
RIGHTS AND RESPONSIBILITIES
AROUND TECHNOLOGY USE.
JUSTICE AND IMPACT AND ACCESS TO
TECHNOLOGY WHILE CRITICAL.
IS ONLY THE BEGINNING OF EQUITY
FOR VULNERABLE COMMUNITIES.
THROUGH THE TECH EQUITY ACT WE
HOPE TO EXPLORE TAX IMPACT ON
INEQUALITY ON CHANGES WERE
WORKFORCE.
THE FUTURE OF A FREE PRESS.
AND TAX IMPACT ON OUR DEMOCRACY
AND SOCIAL CAPITAL.
THIS WORK WILL ONLY HAPPEN BY
ENGAGING COMMUNITIES AND SECTORS
MOST KNOWLEDGEABLE.
AND WITH THE MOST AT STAKE.
WE LOOK FORWARD TO WORKING WITH
THE LEGISLATURE TO REALIZE JUST
AND EQUITABLE TECH FEATURES FOR
ALL.
VERY GOOD THANK YOU VERY MUCH
OTHER OTHER WITNESSES IN SUPPORT.
IS THERE ANYONE HERE IN
OPPOSITION.
SEE NO ONE CLEAR BACK TO THE
COMMITTEE THING.
THIS SENATOR JACKSON'S THANK YOU
I I APPRECIATE THE THE EFFORT.
THE IDEA BEHIND THIS AND I KNOW
IS.
CENTER STERN -- SO I HAVE A REAL
ISSUE.
WITH THE TECH WORLD IN THE WHOLE
AREA OF PRIVACY.
AND AS I BRED THIS BILL PRIVACY
IS MENTIONED.
BUT THE IDEA IT'S MY HOPE THAT
THE IS THE BILL GOES FORWARD WE
HAVE RIVACY ADVOCATES INCLUDED
AYE.
I DIDN'T SEE THAT HERE.
IT SAYS MEMBERS OF THE
COMMISSION SHALL BE INDIVIDUALS
WITH KNOWLEDGE OF AND EXPERTISE
IN WORK WORKFORCE DEVELOPMENT
LABOR SO RIGHTS TECHNOLOGY IN
PRIVACY WHETHER BY EXPERIENCE OR
TRAINING.
WE KNOW THE TECH WORLD.
HAS AN ENORMOUS AMOUNT OF FIRE
POWER ENORMOUS WEALTH.
THAT -- THE HAVE BEEN ABLE TO
IMPACT -- DECISION MAKING BOTH
IN WASHINGTON AND HERE IN THE
CAPITAL.
AND MY CONCERN IS THAT THE THE
VOLUNTEERING OF THEIR WORK FORCE.
TO MAKE SURE THAT.
THEIR INTERESTS ARE PROTECTED
OVER THE INTERESTS OF THE PUBLIC
AND AS YOU SAY MORALLY THAT THAT
THE THE APPROACH THAT WE'VE SEEN
BY THE TECH WORLD UP TO NOW HAS
BEEN ABSOLUTELY -- UNSUPPORTABLE.
THE AT THE IMPACT ON OUR
DEMOCRATIC INSTITUTIONS PRIVACY
RIGHTS OF INDIVIDUALS.
I I I I COULD GO ON AND ON BUT I
WOULD LIKE SOME ASSURANCES IF
LIKE IF I COULD.
RECEIVE FROM.
FROM YOU SENATOR STERN.
OF BECAUSE PRIVACY SHE IS A
FUNDAMENTAL RIGHT.
IT ISN'T JUST A RITE OF X. Y.
AND SEE IT IS.
LISTED IN THE CONSTITUTION OF
THE STATE AMONG.
THE FUNDAMENTALRIGHTS OF LIFE
LIBERTY PROPERTY AND PRIVACY THE
PEOPLE OF CALIFORNIA.
NINETEEN SEVENTY TWO PUT THIS
INTO THE CONSTITUTION IN
ANTICIPATION OF JUST WHAT WE'VE
BEEN SEEING.
SO IT'S MY HOPE.
THAT -- THAT IS.
ISSUE BE.
HIGHLIGHTED.
IN THIS EFFORT I MEAN THIS IS A
GOOD START AND I APPRECIATE YOUR
BRING THE BILL AND I I'M GOING
TO SUPPORT IT.
BUT I I REALLY.
WOULD LIKE INSURANCES THAT THIS
REALLY CRITICAL ISSUE -- THAT
THAT THE INDUSTRY IS TAKEN SO
LIGHTLY THAT.
MAKING SURE THAT BUSINESSES HAVE
ACCESS TO INFORMATION IS MORE
IMPORTANT THAN A RIGHT TO
PRIVACY FOR EXAMPLE I KEEP -- IS
JUST TO ME CONTRARY. TO THE
CERTAINLY THE SPIRIT AND THE
LETTER OF CALIFORNIA LOS
NATIONALLY PRIVACY IS IMPLIED IN
THE CONSTITUTION HERE CALIFORNIA
IT'S EXPLICIT.
AND THE THE LACK OF IT THE LACK
OF CONCERN FOR THE EFFORT TO PUT
OTHER RIGHTS FAR IN EXCESS OF IT
THAT AREN'T EVEN RIGHTS AT ALL
BUT JUST ECONOMIC DRIVERS -- I
JUST I'D I'D LIKE YOUR THOUGHTS
ON THAT SENATOR BECAUSE YEAH YOU
KNOW WE'VE HAD THIS CONVERSATION
BUT I I JUST LIKE TO KNOW WHAT
YOUR THOUGHTS ARE.
AS IT PERTAINS TO THIS
LEGISLATION CENTER.
THANK YOU -- YEAH WELL AWARE OF
OF YOUR CONCERNS.
WE'VE BEEN THROUGH IT.
EXTENSIVELY IN THE COMMITTEE IN
JUDICIARY AS OF LATE.
I I WASN'T ANTICIPATING THIS
BEING THE VENUE TO HAVE THE THE
DATA PRIVACY.
CONVERSATION FRANKLY.
I WAS TRYING TO TACKLE THE OTHER
ISSUES AROUND.
THE SOCIAL BENEFITS AND COSTS OF
INNOVATION.
I ACTUALLY AM VERY INTERESTED IN.
TRYING TO PUT SOME KIND OF REAL
REGULATORY DATA PROTECTION
AGENCY IN PLACE TO ACTUALLY
ENFORCE OUR PRIVACY RIGHTS --
AND I THINK THERE'S THERE'S
SOMETHING MUCH MORE NEAR TERM
THAT WE SHOULD BE DOING NOT A
COMMISSION TO STUDY SOMETHING
BUT I THINK WE ACTUALLY NEED.
A DP A SIMILAR TO WHAT WE HAVE
IN EUROPE. TO ENFORCE THE GDP
ARE HERE IN THE STATE OF
CALIFORNIA THIS BILL WOULDN'T
EVEN GIVE YOU THAT THAT KIND OF
REGULATORY FRAMEWORK SOON ENOUGH
I KNOW YOU'VE GOT LEGISLATION
PENDING IT TAKES A DIFFERENT
APPROACH IS SORT OF MORE
LITIGATION BASE FRAMEWORK --
THAT I'VE EXPRESSED SOME
CONCERNS ABOUT -- I I WOULD SAY
I HAD I SHARE YOUR CONCERNS
ABOUT THE LACK OF ACCOUNTABILITY.
WHAT THE WITNESS TALKED ABOUT IN
TERMS OF?
KIND OF INCREDULOUS NOUS ABOUT
THESE NUTRIENTS OSTENSIBLY
NEUTRAL PLATFORMS THEY REALLY
AREN'T -- SO THERE THERE NEEDS
TO BE A SORT OF SHARED -- EQUITY
STAKE IN THIS BUT YEAH I'M HAPPY
TO CONSIDER HOW PRIVACY FITS IN.
IT'S ALREADY MENTIONED AS ONE OF
THE MANY TOPICS SO I DON'T KNOW
WHAT MORE YOU.
YOU'RE LOOKING FOR HERE -- BUT I
WOULD LOVE I WOULD LOVE.
TO ACTUALLY DO SOMETHING REAL
WITH -- WITH WITH THE DATA
PROTECTION AGENCY I MEAN IF
THAT'S WHAT YOU'RE TALKING ABOUT
AYE AYE I'M ALL OF THAT I'M
TALKING ABOUT WHAT'S IN THE BILL
AND I APPRECIATE THAT THAT MIGHT
BE ANOTHER BILL BUT THIS BILL.
WE'RE SETTING UP A COMMISSION
WE'RE SETTING UP A AN ENTITY TO
TRY TO FOCUS.
ON THE ISSUE OF OF YOU KNOW
ASSOCIATED WITH -- INTACT THE
TECH WORLD SO FORTH I JUST.
I JUST WANNA MAKE SURE THAT.
THAT THE ISSUE OF PRIVACY
BECAUSE IT'S SO FUNDAMENTAL AND
IT IT'S SO INTEGRATED INTO ALL
THE DIFFERENT ASPECTS OF THE
TECH WORLD.
THAT'S WHAT MY CONSUMING SO SO
THE VISION FOR THIS IS THAT
THEY'RE ACTUALLY WILL BE SOME
KIND OF STUDY AND EXPERT --
EFFORT TO DO THE ACCOUNTING FOR
WHAT THE VALUE OF OUR DATA IS
WRIT LARGE -- AND WHAT WHAT THAT
VALUE PROPOSITION LOOKS LIKE.
WHICH I GUESS HAS SOME BEARING
ON PRIVACY THE PRIVACY ISSUES
MENTIONED HAPPY.
TO FURTHER CONSIDER IT BUT YEAH
I I I I THINK IT'S PRETTY
EXPLICIT IN THE BILL RIGHT NOW
THAT IT LISTS OUT THAT IS MEANT
ONE OF PRIVACY WORK FORCE AND
MEDIA AND PUBLISHING.
DEMOCRACY COMPETITION INEQUALITY
SO.
I I I DON'T KNOW WHAT ELSE TO TO
DO THAN.
THAT BUT I'M HAPPY TO KEEP
EXPLORING THAT WITH YOU -- IF
THIS BILL MOVES FORWARD -- THANK
YOU I MAY BE A REPRESENTATIVE
FOR SOMETHING WITH EXPERTISE IN.
DAY TO PROTECT.
CONSUMER PRIVACY AS YOU KNOW
WHAT SAYS THE WORD PRIVACY RIGHT.
WITH KNOWLEDGE OF OF CONCERT WE
CAN ADD THE WORD CONSUMER THAT'S
FINE -- YEAH I'M OPEN GREAT ALL
RIGHT PRECIADO THANK YOU CENTER
THANK YOU SENATOR JACKSON'S
OTHER.
COMMENTS OR QUESTIONS.
SEEING NONE WOULD YOU LIKE TO
CLOSE I RESPECT THAT.
THANK YOU SENATOR STERN IS THERE
A MOTION.
ENTERTAINMENT.
THANK YOU SENATOR JACKSON'S
APPRECIATE THAT TO PLEASE CALL
THE ROLL.
MOTION IS TOO FAST TO
APPROPRIATIONS SENATOR HILL I
FEEL FINE MORRELL.
ALL RIGHT.
I JACKSON.
JACKSON AYE MITCHELL.
MITCHELL AYE PAN HI.
THERE HAS FIVE VOTES IT IS UP
THANK YOU SENATOR STERN THANK
YOU FOR EVERYONE BEING HERE --
AND WE COULD GO THROUGH THE ROLE.
WE'LL START WITH ITEM NUMBER
WILSHIRE WITH THE CONSENT
CALENDAR ITEMS AS I'M SEVEN
ELEVEN TWELVE AND THIRTEEN
PLEASE CALL THE AFTER MEMBERS.
MORRELL AYE JACKSON.
HI JACKSON I CAN.
THE SERGEANTS AND PROCESS I
DON'T I'M SORRY HAN HI. FIVE
ZERO THAT THE CONSENT CALENDAR
IS OUT [inaudible] FIVE OF
COURSE
[inaudible]
YEAH.
WHEN THE ROLES?
I WE WILL OPEN THE ROLE SINCE
WE'VE CONCLUDED THE AGENDAS OF
FOUR WILL GO TO ITEM NUMBER --
ONE PLEASE CALL THE ABSENT
MEMBERS ON SB.
TWO THIRTY EIGHT MOTIONS TO PASS
TO APPROPRIATIONS SENATOR
JACKSON'S.
JACKSON NO CENTER PAN
[inaudible]
SENATOR PANEL.
THE BILL HAS ONE VOTE IT FAILED.
A RECONSIDERATION IS GRANTED
WITHOUT OBJECTION ITEM NUMBER
ONE WITH ITEM NUMBER TWO SB ONE
THIRTY FIVE PLEASE CALL THE
ABSENT MEMBERS.
THE MOTION IS TO PASS TO
APPROPRIATIONS SENATOR HILL HI.
SENATOR HILL. FOUR ONE FOUR ONE
SB ONE THIRTY FIVE IS OUT THANK
YOU I REMEMBER TO SB TWO SEVENTY
ONE SENATOR WINNER FISCALLY
AFTER MEMBER MOTION IS TO PASS
TO APPROPRIATIONS SENATOR PAN.
CENTER PAN HI THE BILL HAS FIVE
VOTES IT IS OUT I REMEMBER FOR
SB THREE SIXTY THREE SENATOR PAN
PLEASE CALL THE ABSENT MEMBERS
MOTION IS DUE PASSED TO
APPROPRIATIONS SENATOR MORALE.
BY SENATOR MORAL HI FIVE VOTES
THAT THE THAT BILL IS OUT ITEM
NUMBER SIX SB FIVE SIXTY SEVEN
SENATOR CAFIERO.
CAPTION NUMBER THIS MOTION IS TO
PASS TO APPROPRIATIONS SENATOR
MORALE.
MORRELL NO JACKSON.
WITH THE UNDERSTANDING.
I DO COMMIT TO THIS BUT I ASSUME
THAT THE AMENDMENTS.
AND BUT I WILL VOTE -- FOR BUT
BECAUSE I MADE A COMMITMENT BUT
I AM CONCERNED THAT THE
AMENDMENTS WERE NOT INCLUDED IN
THAT SO.
I AM AN AYE VOTE.
SENATOR JACKSON HI [inaudible]
MITCHELL [inaudible]
VOTING PAN.
THE MEASURE.
THE BILL HAS [inaudible]
ONE RECENT EVENTS.
NOT VOTING BUT I'D I HOPE THAT
WE CAN.
ACHIEVE SOME RESOLUTION.
VERY GOOD THANK YOU SENT AS
SENATOR PAN OF THE BILL HAS --
ONE VOTE -- IT -- IT FAILS WE
WILL GRANT RECONSIDERATION
WITHOUT OBJECTION.
WITH THE OPPORTUNITY TO TO WORK
ON THAT BUILD AND THEN THE
INTERNET ARM -- THANK WILL MOVE
NOW TO ITEM NUMBER. EIGHT
SENATOR BRADFORD.
MOTION IS TO PASS TO
APPROPRIATIONS SENATOR MORAL.
SENATOR JACK CENTER MORRELL AYE
JACKSON. ONE ON THE THIRTY FIRST
BILL.
NUMBER EIGHTY S..
YES THE THAT WAS THE YES THAT'S
CORRECT WE DID HAVE A
CONVERSATION.
JACKSON AYE PAN.
I DON'T REMEMBER HAD A PERCENT.
SEVENTY EIGHT EIGHT FIVE IN
CENTER CAMP HI. FIVE FIVE ZERO
THE BILL IS OUT I REMEMBER --
TEN AS J. R. THREE SENATOR WILK
PLEASE CALL THE AFTER MEMBERS.
MOTION IS TO PASS SENATOR MORALE
[inaudible]
SENATOR JACKSON'S.
SENATOR PAT HI THOSE FOUR VOTES
IT IS OUT -- AND WE HAVE CONSENT
CALENDAR ISN'T PROOF SO THAT.
CONCLUDES THE BUSINESS OF TO
THAT THE BUSINESS OF TODAY THANK
YOU ALL VERY MUCH FOR YOUR
ATTENDANCE WHEN POSSIBLE A YOU
MADE IT HAPPEN I MADE IT WORK
THANK YOU.
WORD YOU'RE.
YES THANK YOU SENATOR MITCHELL