OKAY, BEFORE WE BEGIN, ITEM
NUMBER SIX, SB 1379 HAS BEEN
PULLED FROM THE AGENDA BY THE
AUTHOR. IF YOU ARE PRESENTING A
BILL IN LABOR COMMITTEE, SENATE
LABOR, PLEASE MAKE YOUR WAY DOWN
TO ROOM 2200. THANK YOU
.
THE SENATE. LABOR. PUBLIC.
EMPLOYMENT AND RETIREMENT
COMMITTEE WILL COME TO ORDER.
GOOD MORNING EVERYONE. ONE, WE
HAVE TEN ITEMS ON THE AGENDA
TODAY, AGENDA TODAY. SO WE'D
LIKE TO DIVE RIGHT IN. BUT
FIRST, WE'RE GOING TO ESTABLISH
A QUORUM. ASSISTANT, CAN YOU
CALL THE ROLL? SMALLWOOD.
CUEVAS. HERE. SMALLWOOD CUEVAS.
HERE. WILK. PRESENT. WILK.
PRESENT CORTEZ. DURAZO. LAIRD
HERE. LAIRD. HERE. WE HAVE A
QUORUM. AND SHOULD WE. LET'S GO
AHEAD WITH THE CONSENT CALENDAR.
SINCE WE HAVE A QUORUM. WILK
MOVES. ON THE CONSENT CALENDAR.
SMALLWOOD. CUEVAS, I Ã.
SMALLWOOD. CUEVAS I WILK I WILK
I CORTEZ. DURAZO LAIRD I. LAIRD
I. THE CONSENT CALENDAR IS ON
CALL. THANK YOU SO MUCH, SO WE
WILL START WITH OUR FINE MEMBER,
SENATOR LAIRD, WHO CAN KICK US
OFF. HE IS PRESENTING SB 1205.
THANK YOU, SENATOR LAIRD. THANK
YOU, MADAM CHAIR AND MEMBERS,
SENATE BILL 1205 WILL GUARANTEE
WORKERS ACCESS TO MEDICAL CARE
FOR ON THE JOB INJURIES BY
PROHIBITING EMPLOYERS FROM
RETALIATING AGAINST WORKERS WHO
MUST RECEIVE MEDICAL CARE DURING
BUSINESS HOURS. IT EXTENDS
TEMPORARY DISABILITY BENEFITS TO
ALL EMPLOYEES WITH OCCUPATION
INJURIES WHO MUST MISS WORK FOR
MEDICAL CARE, CURRENTLY,
EMPLOYEES WITH OCCUPATIONAL
INJURIES WHO SEEK EMPLOYER
REQUESTED MEDICAL CARE ARE
ENTITLED TO TEMPORARY DISABILITY
BENEFITS, BUT THAT SAME
ENTITLEMENT DOES NOT EXTEND TO
EMPLOYEES WITH OCCUPATIONAL AND
INJURIES WHO MUST SEEK CARE ON
THEIR OWN, 2003 SUPREME COURT
DECISION FOUND EMPLOYERS MAY
DENY WAGE LOSS BENEFITS TO
INJURED WORKERS WHO MISS WORK TO
RECEIVE MEDICAL CARE NECESSARY
TO TREAT THEIR OCCUPATIONAL
INJURIES IN THESE. IN THESE
CASES, THIS DECISION EVEN ALLOWS
EMPLOYEES TO DENY INJURED WORK,
EMPLOYERS TO DENY INJURED
WORKERS. THE RIGHT TO USE THEIR
SICK LEAVE. NEITHER DIS DECISION
OR CURRENT LAW PROTECTS WORKERS
FROM RETALIATION EVEN WHEN THEY
ARE WILLING TO FORGO WAGES.
TEMPORARY DISABILITY BENEFITS OR
SICK LEAVE WHILE MISSING. WORK
TO SEEK MEDICAL SEEK MEDICAL
CARE FOR OCCUPATIONAL INJURY AND
ILLNESS. I THINK, IN SHORT, THIS
ONLY APPLIES TO EXISTING
TEMPORARY DISABILITY WORKERS AND
I THINK THERE WAS AN
UNDERSTANDING. IT EXTENDED IT
MUCH FARTHER THAN THAT. AND THAT
WAS REFLECTED IN IN SOME OF THE,
OPPOSITION OPPONENTS ALSO ARGUE
THAT THIS BILL WILL RESULT IN
MILLIONS OF NEW DECISIONS AND
CALCULATIONS THAT WILL NEED TO
BE TRACKED AND DOCUMENTED.
HOWEVER, MOST WORKERS COMP
CLAIMS NEVER TRIGGER TEMPORARY
TEMPORARY DISABILITY PAYMENT. IN
ADDITION, WITHOUT THE WAGES
BEING REIMBURSED, THIS INCENSE
PEOPLE TO DO IT IN A WAY THAT IT
DOESN'T DO A WAGE LOSS. SO IT'S
NOT LIKE A BIG ADDITIONAL COST.
IT PROTECTS INJURED WORKERS BY
ENSURING THEY CAN ACCESS TIMELY
MEDICAL CARE WITHOUT RETALIATION
FOR THEIR OCCUPATIONAL RIGHTS.
HERE TO SPEAK IN, SUPPORT AND
ANSWER ANY TECHNICAL QUESTIONS
IS MITCH STEIGER OF THE
CALIFORNIA FEDERATION OF
TEACHERS. AND AT THE APPROPRIATE
TIME, I RESPECTFULLY REQUEST AN
AYE VOTE. THANK YOU, MADAM
CHAIR. MEMBERS AND STAFF MITCH
STEIGER WITH CFT PROUD TO
SPONSOR THIS BILL, THE AUTHOR
DID A GREAT JOB OF EXPLAINING
THE BASICS OF IT. WE JUST WANTED
TO FOCUS A LITTLE BIT ON A FEW
OF THE POINTS RAISED BY THE
OPPOSITION IN THEIR OPPOSITION
LETTER, THE FIRST OF WHICH IS
THE ARGUMENT THAT THIS SOMEHOW
UNDERMINES THE PURPOSE OF
TEMPORARY DISABILITY. WE WOULD
FIRST POINT OUT THAT WE VERY
DIRECTLY COPY AND PASTED THIS
LANGUAGE FROM ANOTHER SECTION IN
THE LABOR CODE RELATED TO
TEMPORARY DISABILITY, AS STATED
BY THE AUTHOR, WHEN THE EMPLOYER
IS REQUESTING MEDICAL CARE. SO
THIS IS SOMETHING THAT'S ALREADY
OUT THERE. THIS IS SOMETHING
THAT EMPLOYERS AND INSURERS AND
TPAS SHOULD ALL BE PRETTY
FAMILIAR WITH. AND ALL WE'RE
DOING IS APPLYING IT TO CASES
WHERE THE WORKER IS SEEKING
MEDICAL CARE ON THEIR OWN AND
NOT DIRECTED TO DO SO BY THE
EMPLOYER, THE OPPOSITION ALSO
STATES IN THEIR LETTER THAT
TEMPORARY DISABILITY IS INTENDED
TO ASSIST WITH WAGE REPLACEMENT
WHILE AN EMPLOYEE IS RECOVERING
FROM AN INJURY. THAT'S EXACTLY
THE REASON THAT WE SPONSORED
THIS BILL AS IT STANDS RIGHT
NOW, THERE'S NOTHING IN LAW THAT
REQUIRES THE EMPLOYER TO GIVE A
WORKER TEMPORARY DISABILITY.
THERE'S NOTHING THAT EVEN
REQUIRES THEM TO ALLOW A WORKER
TO USE THEIR OWN SICK LEAVE.
THERE'S NOTHING THAT REQUIRES
THE EMPLOYER TO ALLOW THE WORKER
TO GO GET MEDICAL CARE, EVEN IF
THEY'RE LOSING ALL OF THEIR
WAGES DURING THEIR NORMAL
WORKING HOURS. IT'S THIS WEIRD
SORT OF GAP IN CURRENT LAW THAT
OPENS UP ALL SORTS OF
OPPORTUNITIES FOR RETALIATION
AND DISCRIMINATION THAT WE'RE
TRYING TO ADDRESS, THE
EMPLOYER'S ALSO MENTIONED IN
THEIR LETTER THAT THERE'S NO
EVIDENCE THAT IT'S NECESSARY, WE
HAVE SEVERAL MEMBERS WHO WOULD
VERY MUCH DISAGREE WITH THAT. I
SPENT A LOT OF TIME ON THE PHONE
WITH ONE YESTERDAY, AND THEY ALL
WANT TO REMAIN ANONYMOUS.
THEY'RE ALL VERY AFRAID OF BEING
RETALIATED AGAINST. BUT ONE OF
THEM SENT ME A SCREENSHOT OF AN
EMAIL FROM THEIR EMPLOYER VERY
DIRECTLY SAYING, PLEASE NOTE ANY
FOLLOW UP WORKERS COMPENSATION
APPOINTMENTS SHOULD BE MADE
OUTSIDE OF REGULAR WORKING HOURS
AND EVEN WHERE AN EMPLOYER DOES
ALLOW WORKERS TO USE THEIR OWN
EARNED SICK LEAVE, WE WOULD
ARGUE THAT'S NOT WHAT EARNED
SICK LEAVE IS THERE FOR THAT.
THAT'S WHY WE HAVE A WORKER'S
COMP SYSTEM. THAT'S WHY WE HAVE
TEMPORARY DISABILITY WORKERS
SHOULD NOT BE USED, SHOULD NOT
BE FORCED TO USE THEIR OWN
DEFERRED COMPENSATION TO TAKE
CARE OF THEMSELVES FOR AN
OCCUPATIONAL INJURY, THE
OCCUPATIONAL INJURY, THE FACT
THAT IT HAPPENED AT WORK PUTS IT
IN A DIFFERENT BOX. AND IT'S
WHERE WE THINK TEMPORARY
DISABILITY SHOULD TAKE OVER AND
WORKERS SHOULDN'T HAVE TO USE
THEIR OWN EARNED SICK LEAVE,
MAYBE EVEN SOMETIMES THEIR OWN
EARNED WAGES TO GET THAT CARE.
AND FINALLY, WE WOULD JUST
RESPOND TO THEIR ARGUMENT THAT
SECTION 132 Ã ALREADY PROTECTS
WORKERS. THIS IS A SECTION OF
LAW THAT PROHIBITS ANY KIND OF
RETALIATION AGAINST A WORKER FOR
FILING A CLAIM. AGAIN, THIS GETS
TO THE NATURE OF THIS BILL,
WHERE IT'S DEALING WITH THIS
VERY SPECIFIC KIND OF NARROW
DEFICIENCY IN CURRENT LAW, WHERE
THE EMPLOYER WOULDN'T
TECHNICALLY BE RETALIATING
AGAINST YOU BECAUSE YOU FILED A
CLAIM, THEY WOULD BE RETALIATING
AGAINST YOU BECAUSE YOU HAD TO
GO GET MEDICAL CARE DURING YOUR
NORMAL WORKING HOURS, BECAUSE
THAT'S THE ONLY TIME YOU CAN GO
GET YOUR PHYSICAL THERAPY OR
YOUR WHATEVER. AND SO IF THERE
WAS A RETALIATION AND THEN THE
WORKER FILED A CLAIM AGAINST
THAT, THE WORKER WOULD PROBABLY
LOSE BECAUSE THE EMPLOYER COULD
VERY POSSIBLY, SAY, FIND THAT
THEY HAVE A WORKER'S COMP CLAIM.
I'M NOT RETALIATING AGAINST THEM
BECAUSE OF THAT. IT'S BECAUSE
THEY GOT MEDICAL CARE DURING
NORMAL BUSINESS HOURS. THERE'S
ALREADY A BUILT IN DISINCENTIVE
AGAINST DOING THIS, WHERE
TEMPORARY DISABILITY JUST
REPLACES ABOUT TWO THIRDS OF
YOUR CURRENT WAGES, NOT ALL OF
THEM. MOST OF OUR MEMBERS IN THE
CLASSIFIED DIVISION BARELY MAKE
MINIMUM WAGE OR MAYBE A LITTLE
BIT ABOVE THAT. SO EVEN A ONE
THIRD PAY CUT IS USUALLY TOO
MUCH FOR THEM TO WITHSTAND, SO
THEY WILL ONLY TAKE ADVANTAGE OF
THIS WHEN ABSOLUTELY NECESSARY.
SO WE THINK THERE ARE KIND OF
BUILT IN CHECKS TO MAKE SURE
THAT IT'S NOT ABUSED. BUT WE DO
THINK IT'S A VERY IMPORTANT
MEASURE TO MAKE SURE THAT
WORKERS CAN ACTUALLY HAVE ACCESS
TO THE MEDICAL CARE THAT THEY
NEED, AND WE WOULD URGE YOUR
SUPPORT. THANK YOU. IS THERE
ANOTHER WITNESS IN SUPPORT?
THANK YOU, MADAM CHAIR. AND
SENATOR SETH BRAMBLE SPEAKING
THIS MORNING ON BEHALF OF
300,000 PLUS EDUCATORS, THE
MEMBERS OF THE CALIFORNIA
TEACHERS ASSOCIATION, I WOULD
JUST SAY BRIEFLY INJURED WORKERS
DESERVE CARE AND COMPASSION.
OAN THEY DON'T DESERVE
RETALIATION AND REDUCED WAGES.
WE URGE YOUR SUPPORT. THANK YOU.
ANYONE ELSE IN THE ROOM IN
SUPPORT OF THIS BILL, PLEASE
STATE YOUR NAME, AFFILIATION AND
POSITION. MADAM CHAIR SHANE
GUSMAN, ON BEHALF OF THE
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND THE TEAMSTERS IN
SUPPORT, MADAM CHAIR JASON
MARCUS WITH THE CALIFORNIA
APPLICANTS ATTORNEYS ASSOCIATION
IN SUPPORT OF THIS BILL. GOOD
MORNING, MADAM CHAIR AND
MEMBERS. LOUIE ACOSTA WITH SMART
TRANSPORTATION DIVISION, STATE
LEGISLATIVE BOARD IN SUPPORT.
ELMER LOZADA WITH THE CALIFORNIA
LABOR FEDERATION IN SUPPORT. HI.
GOOD MORNING. JANICE O'MALLEY
WITH AFSCME CALIFORNIA HERE IN
SUPPORT. ANYONE ELSE SPEAKING IN
SUPPORT? OKAY NOW WE'LL MOVE TO
OPPOSITION. ARE THERE WITNESSES
WHO ARE TESTIFYING? GOOD
MORNING, MADAM CHAIR AND
MEMBERS, FAITH BORGESS, ON
BEHALF OF THE CALIFORNIA
ASSOCIATION OF JOINT POWERS
AUTHORITIES HERE TODAY IN
RESPECTFUL OPPOSITION TO SB 1205
AS IN PRINT TODAY. HOWEVER, I
WOULD LIKE TO BEGIN BY THANKING
THE SPONSOR AND THE AUTHOR'S
OFFICE FOR BEING GENEROUS WITH
THEIR TIME TO MEET WITH US, TO
SHARE THEIR INTENT TO ENSURE
THAT INJURED WORKERS ABILITY TO
ACCESS MEDICAL CARE IS PRESERVED
, AND THIS IS AN OBJECTIVE THAT
IS SHARED BY EMPLOYERS, AND
WE'RE AWARE OF NO OBJECTIVE
INFORMATION THAT AN INJURED
WORKER IS BEING FORCED TO FOREGO
ESSENTIAL MEDICAL CARE, WHICH IS
A VERY TROUBLING CLAIM.
CALIFORNIA LAW INCLUDES VARIOUS
PROVISIONS, INCLUDING VARIOUS
PROVISIONS OF THE LABOR CODE,
PROHIBITS DISCRIMINATION IN ANY
MANNER AGAINST AN INJURED
WORKER, AND PROTECTS EMPLOYEES
FROM THE TYPE OF RETALIATION
THAT'S BEING ASSERTED. TO THE
EXTENT THAT THERE IS AN
OPPORTUNITY TO CONTINUE WORKING
TOGETHER. TO CLARIFY THAT
EMPLOYEES HAVE THE RIGHT TO
ACCESS MEDICAL CARE, WE'RE HAPPY
TO DO SO. THAT SAID, WE ARE
CONCERNED ABOUT THE CURRENT
APPROACH IN PRINT. EMPLOYEES
HURT AT WORK ARE PROVIDED,
EMPLOYER FUNDED MEDICAL CARE AND
TAX FREE TEMPORARY DISABILITY TO
REPLACE LOST WAGES WHILE THE
EMPLOYEES CONDITION STABILIZES
OR REACHES MAXIMAL MEDICAL
IMPROVEMENT. AS NOTED IN THE DIR
INJURED WORKER GUIDEBOOK, THE
LABOR CODE STATES THAT TEMPORARY
DISABILITY Kò IS PROVIDED WHEN
THE TREATING PHYSICIAN SAYS AN
EMPLOYEE IS UNABLE TO DO THEIR
USUAL JOB FOR MORE THAN THREE
DAYS, AND THE EMPLOYER DOES NOT
OFFER WORK OR MODIFIED
ALTERNATIVE WORK WHILE THE
EMPLOYEE RECOVERS. TO PUT IT
SIMPLY, A DOCTOR WOULD HAVE TO
CERTIFY THAT THE EMPLOYEE WAS
UNABLE TO WORK IN ANY CAPACITY
FOR A SPECIFIC DURATION FOR EACH
SPECIFIED MEDICAL APPOINTMENT.
DEPENDING ON THE EMPLOYEE'S
CLASSIFICATION OR BARGAINING
AGREEMENTS. APPLICABLE BENEFITS,
SUCH AS THOSE PROVIDED IN THE
EDUCATION CODE 4850. SALARY
CONTINUATION FOR FIRST
RESPONDERS AND WOULD NEED TO BE
COORDINATED WITH THE EMPLOYEE'S
PAYROLL DEPARTMENT AND CLAIMS
ADMINISTRATOR. ONCE A WORKER'S
CONDITION IS PERMANENT AND
STATIONARY AND THE CLAIM HAS
SETTLED, THEY MAY RECEIVE
PERMANENT DISABILITY BENEFITS
AND FUTURE MEDICAL CARE. THIS
SYSTEM HELPS BRING CLAIMS TO
TIMELY CONCLUSION, WHICH IS GOOD
FOR INJURED WORKERS AND FOR
EMPLOYERS, AND THIS BILL
FUNDAMENTALLY CHANGES CLAIMS
PAYMENT AND ADMINISTRATION IN A
WAY THAT IS COSTLY AND
FRICTIONAL AND WILL LEAD TO
DELAYED RESOLUTION AND MORE
LITIGATION. ADDITIONALLY, IT'S
IN DIRECT CONFLICT WITH MULTIPLE
SECTIONS OF LABOR CODE
SURROUNDING THE DELIVERY OF
BENEFITS TO INJURED WORKERS.
THESE ARE A FEW OF OUR CONCERNS,
BUT AS MENTIONED, WE'RE HOPEFUL
TO REACH A WORKABLE CONSENSUS
THAT PROTECTS WORKERS AND
PROVIDES GOOD STEWARDSHIP OF
SCARCE PUBLIC DOLLARS. I'VE ALSO
BEEN ASKED TO REGISTER
OPPOSITION FOR MY COLLEAGUES
WITH CSAC. GOOD MORNING, MADAM
CHAIR MEMBERS ASHLEY HOFFMAN, ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE AND OPPOSITION, I DO
WANT TO ECHO MY COLLEAGUE IN
THANKING THE AUTHOR'S OFFICE AND
THE SPONSORS FOR HAVING
CONVERSATION WITH US. WE AGREE
WITH THE CONCERNS RAISED BY MY
COLLEAGUE, BUT I DO WANT TO
RAISE A COUPLE OF OTHER POINTS
AS A WORKER'S COMP APPEALS BOARD
HAS NOTED, THE WORKERS
COMPENSATION SYSTEM IS
ULTIMATELY A COMPROMISE BETWEEN
THE INTERESTS OF WORKERS AND
EMPLOYERS. ON ONE HAND, WORKERS
CLAIMS ARE ACCEPTED REGARDLESS
OF FAULT AND EMPLOYEES RECEIVE
CONSIDERABLE BENEFITS, INCLUDING
$10,000 OF MEDICAL CARE, EVEN IF
THEIR CLAIMS ULTIMATELY DENIED.
HOWEVER, ON THE OTHER SIDE OF
THE COIN IS WHAT CARB HAS HELD
THAT THE WORKER'S COMPENSATION
SYSTEM DOES NOT EFFECTIVELY
CREATE A BLANKET WAGE
REPLACEMENT OR LEAVE POSSIBLE
LEAVE POLICY FOR EVERY POSSIBLE
FUTURE APPOINTMENT. ONCE A
WORKER IS BACK AT WORK, THE
WORKER'S COMP SYSTEM IS INTENDED
TO BE A FAIR AND BALANCED SYSTEM
TO ALL PARTIES. IT IS A NO FAULT
SYSTEM. HOWEVER, THAT MEANS
THERE MUST BE A COMPROMISE
BETWEEN EMPLOYEES AND EMPLOYERS.
THIS LEGISLATURE, HOWEVER, HAS
PROVIDED EMPLOYEES WITH VERY
GENEROUS RIGHTS FAR MORE THAN
OTHER STATES WHEN IT COMES TO
MEDICAL NEEDS. THAT INCLUDES
PAID SICK LEAVE. CALIFORNIA
FAMILY RIGHTS ACT, WHICH
INCLUDES UP TO 12 HOURS OF
LEAVE. SORRY, 12 WEEKS OF LEAVE
THAT CAN BE USED IN 2 TO 3 HOUR
INCREMENTS. REASONABLE
ACCOMMODATIONS LAWS AND MORE.
LABOR CODE 240 6.5 DOES
EXPLICITLY SAY THAT SICK LEAVE
CAN BE USED FOR PREVENTATIVE
CARE OR MEDICAL APPOINTMENTS, SO
UNLESS THERE'S SOMETHING I'M
MISSING, IN MY OPINION, AN
EMPLOYER WHO IS DENYING A WORKER
THE RIGHT TO USE A SICK LEAVE TO
ATTEND A DOCTOR'S APPOINTMENT
WOULD BE IN CLEAR VIOLATION OF
THAT LAW, AS AN ORGANIZATION,
THÀNH THAT HAS A HOTLINE IN
WHICH OUR ATTORNEYS TALK EVERY
SINGLE DAY TO EMPLOYERS, OUR
EXPERIENCE IS THAT EMPLOYERS ARE
HONORING THAT, WHETHER IT'S THAT
THE USE OF SEPHORA OR
ACCOMMODATIONS OR OTHERWISE FOR
FOLLOW UP WORKERS COMPENSATION
EMPLOYMENT, WE ARE VERY HOPEFUL,
AGAIN, THAT WE CAN WORK ON A
SOLUTION. BUT AS THE BILL IS IN
PRINT NOW, MUST REMAIN OPPOSED.
THANK YOU. THANK YOU. AND I SEE
CONGRATULATIONS IS IN ORDER FOR
YOU SINCE LAST YEAR. AND SEEING
YOUR BABY. YOU LIKE WHAT I DO?
YEAH GREAT. THANK YOU. YES.
THANK YOU. ANYONE ELSE
TESTIFYING IN OPPOSITION IN THIS
BILL? PLEASE STEP FORWARD AND
STATE YOUR NAME, AFFILIATION AND
POSITION ONLY. HI. GOOD MORNING.
LARA CURTIS, ON BEHALF OF THE
AMERICAN PROPERTY CASUALTY
INSURANCE ASSOCIATION,
RESPECTFUL OPPOSITION. THANK YOU
. HI. GOOD MORNING, RONNIE
VERDUGO ON BEHALF OF THE
CALIFORNIA HOSPITAL ASSOCIATION.
ALSO IN RESPECTFUL OPPOSITION.
THANK YOU. ANYONE ELSE,
TESTIFYING IN OPPOSITION OF THIS
BILL? ANY METOOS TWEENERS? NO
NO. OKAY. SO GOOD. SENATOR, IT
LOOKS LIKE WE, DON'T HAVE MANY
MEMBERS HERE. WOULD YOU LIKE TO
CLOSE? AND THEN WHEN WE HAVE A
QUORUM, WE'LL COME BACK, AND
THAT'S PERFECT. I WOULD DO A
VERY BRIEF, THANK EVERYBODY FOR,
TESTIFYING. AND OBVIOUSLY, WE
ARE MEETING WITH PEOPLE AND
HAVING A CONVERSATION. AND I
THINK THE POINTS THAT WERE STILL
MADE BY MYSELF AND MR. STEIGER
STAND IN TERMS OF JUST A CONCERN
ABOUT FOREGOING COMPENSATION
REGARDLESS OF WHAT OF RIGHTS
EXIST NOW. AND I RESPECTFULLY
ASK FOR AN IPHONE. THANK YOU.
AND AS I MENTIONED, WE ARE GOING
TO WAIT FOR ADDITIONAL MEMBERS
BEFORE WE TAKE A MOTION ON.
OKAY. SO NEXT WE'LL MOVE TO OUR
NEXT ITEM. SENATOR PADILLA IS IN
THE HOUSE, SO WE WILL BRING HIM
UP NEXT. HE HAS TWO BILLS WITH
US TODAY SB 1049 AND SB 1105.
AND THESE ARE FILE ITEMS NUMBER
THREE AND FOUR. THANK YOU
SENATOR PADILLA. YOU MAY
PROCEED. THANK YOU, MADAM CHAIR.
GOOD MORNING TO YOU. AND TO
SENATOR LAIRD AND OUR ESTEEMED
STAFF. I'M HERE TO PRESENT SB
1049. I AM BACK AGAIN, AND I'M
GOING TO KEEP COMING BACK EVERY
SESSION BECAUSE I PROMISED I
WOULD TO CONTINUE TO PUSH THAT
WE ARE COMPLETE IN OUR APPROACH
TO WORKING POVERTY AND WAGE
STANDARDS AND WAYS TO ADDRESS
THAT VERY SAD PHENOMENON IN OUR
STATE. SB 1049 WOULD CREATE,
AGAIN, A FORMULA. BELIEVE IT OR
NOT, THERE NEVER HAS BEEN A
BASELINE FORMULA TO ASSESS HOW
WE SET WAGE STANDARDS IN THIS
STATE. AND IT CERTAINLY HASN'T
BEEN LEAKED TO HOUSING COSTS.
AND ONCE AGAIN, THIS VERSION OF
THE BILL WOULD REQUIRE THE
ESTABLISHMENT OF THAT BOTH ON A
STATEWIDE AND REGIONAL MARKET
AND COUNTYWIDE LEVEL. A GROWING
PERCENTAGE OF CALIFORNIANS
OVERALL WORKFORCE ARE
ECONOMICALLY STRANDED, CUTTING
TO THE CHASE, THAT MEANS THAT
MORE AND MORE FOLKS IN OUR
WORKFORCE, CERTAINLY THE ENTRY
LEVEL OF OUR WORKFORCE, RELY ON
LOW WAGE OR MINIMUM WAGE JOBS
FOR 100% OF THEIR LIVING. THAT
IS A DIFFERENT STATISTIC TODAY
THAN IT WAS 40 OR 50 YEARS AGO.
MORE AND MORE OF THEM ARE
CONTINUALLY REQUIRED TO WORK IN
THAT AREA OF OUR WORKFORCE MORE
AND MORE HOURS, WHICH MEANS THAT
THERE IS A LACK OF ECONOMIC,
TRADITIONAL ECONOMIC MOBILITY
THAT WE HAVE NOT SEEN. AND IT IS
A MAJOR CONTRIBUTOR TO
EVERYTHING WE TALK ABOUT IN THIS
STATE, WHETHER IT'S HOUSING OR
ACCESS TO HEALTH CARE DELIVERY
OR OTHER SOCIAL AND ECONOMIC
INEQUITIES THAT WE EXPERIENCE,
WE ARE SLOWLY UNDER OUR FEET,
ALLOWING THE CREATION AND THE
MAINTENANCE OF TWO SEPARATE
ECONOMIES IN THIS STATE. ONE
THAT SERVED THE ONE ECONOMY,
COMPOSED OF FOLKS WHO SERVE THE
ECONOMIC INTERESTS OF EVERYONE
ELSE IN THE STATE, WHO CAN
PARTICIPATE IN OUR ECONOMY AND
THOSE THAT ARE LEFT OUT. I CALL
THEM THE INVISIBLE WORKFORCE. SO
WE NEED TO CREATE A METHODOLOGY.
AND THAT'S WHAT THIS BILL DOES.
WE NEED TO CREATE A LINK TO
HOUSING COSTS. AND THAT'S WHAT
THIS BILL DOES. WE NEED TO
COLLECT AND REPORT THAT DATA.
AND WE NEED TO BEGIN HAVING AND
THIS IS A SMALL STEP,
CONVERSATIONS ABOUT HOW WE MIGHT
INCENTIVIZE PRIVATE EMPLOYERS
AND OTHERS WHO HAVE THE CAPACITY
AND THE MARGIN TO BE RECOGNIZED
THAT THEY WILL PAY A LIVING
HOUSING WAGE TO THEIR EMPLOYERS.
WE NEED TO FIND EVERY WAY TO GET
EMPLOYERS TO BE INCENTIVIZED TO
PUT MORE OF THEIR WORKFORCE AT A
BETTER WAGE STANDARD. SO THAT
EVERYONE THAT IS EMPLOYED BY
THEM CAN AFFORD TO LIVE ANYWHERE
REMOTELY NEAR WHERE THEY WORK,
WHERE THEY CAN GET TO A POINT
WHERE THEY CAN BUILD WEALTH AND
BETTER STABILITY FOR THEIR
FAMILIES AND THEIR CHILDREN, AND
MORE IMPORTANTLY, REGARDLESS OF
YOUR POLITICAL PHILOSOPHICAL
PERSUASION, THEY CAN PARTICIPATE
MEANINGFULLY IN CALIFORNIA'S
ECONOMY. AND THAT'S WHAT THIS
BILL TAKES STEPS TO DO. THE
LIVING WAGE CERTIFICATION FOR
BUSINESSES. AS I SAID, THAT'S
CONTAINED AND OUTLINED HERE IS A
SMALL FIRST STEP, BUT IT'S AN
IMPORTANT STEP. AND I HOPE THAT
THIS LEGISLATURE WILL HAVE
BIGGER CONVERSATIONS DOWN THE
ROAD ABOUT HOW WE CAN STRENGTHEN
THIS PIECE AT TRYING TO GET AT
WORKING POVERTY IN OUR STATE
WITH ME IS KELLY BATSON, THE
INTERIM CEO OF UNITED WAY OF THE
BAY AREA, AND ANNA HASSELBLAD,
SENIOR DIRECTOR OF POLICY AT
UNITED WAYS OF CALIFORNIA. THANK
YOU. THANK YOU SO MUCH, SENATOR
PADILLA. AND YOU ALL BOTH EACH
HAVE TWO MINUTES TO GIVE YOUR
TESTIMONY. AND THEN WE'LL TAKE,
COMMENTS AND SUPPORT. THANK YOU.
GOOD MORNING, MADAM CHAIR, AND
MEMBERS OF THE COMMITTEE. MY
NAME IS KELLY BATSON, INTERIM
CEO AT UNITED WAY BAY AREA, AND
AT UNITED WAY BAY AREA. WE
ENVISION A COMMUNITY WHERE
EVERYONE HAS THE OPPORTUNITIES
AND THE RESOURCES THEY NEED TO
THRIVE, AND WE LOOK AT THE ROOT
CAUSES OF POVERTY AND HOW WE
MIGHT DISMANTLE THOSE AND BUILD
THE EQUITABLE PATHWAYS TO
PROSPERITY. AND IN OUR REGION,
YOU KNOW, IN THE BAY AREA, WHICH
IS ABOUT TEN COUNTIES BY SOME,
SOME COUNTS, 800,000 OUT OF 2.4
MILLION HOUSEHOLDS PAY MORE THAN
30% OF THEIR INCOME ON HOUSING.
AND THAT STATISTIC IS FROM THE
REAL COST MEASURE, WHICH IS A
UNITED WAYS OF CALIFORNIA STUDY
THAT TAKES INTO ACCOUNT WHAT
DOES IT REALLY TAKE FOR A
HOUSEHOLD TO HAVE WHAT IT NEEDS
TO PAY FOR ALL OF ITS BASIC
NEEDS, FOR MANY HOUSEHOLDS, THE
LARGEST COST, OF COURSE, IS
HOUSING, AND THIS IS ESPECIALLY
TRUE IN THE BAY AREA. SENATOR
PADILLA IS LIVING WAGE
CERTIFICATION BILL WOULD DEFINE
WHAT A LIVING WAGE IS IN
CALIFORNIA BY WHERE YOU LIVE, BY
COUNTY, BY REGION, BY STATE. SB
1049 WOULD ALSO ESTABLISH A
BUSINESS CERTIFICATION PROGRAM
TO PROVIDE BUSINESSES AND
EMPLOYERS THE CHANCE TO UPLIFT
THAT THEY'RE A CERTIFIED LIVING
WAGE BUSINESS OR LIVING WAGE
EMPLOYER, WHICH IS SO IMPORTANT,
AND OF COURSE, YOU KNOW, AS, AS
USUAL, CALIFORNIA, WE LOVE
CALIFORNIA TO BE THE LEADER.
THERE IS A FEDERAL POVERTY LINE
ACT AT THE FEDERAL LEVEL BY
CONGRESS MEMBER MULLEN. AND WE
REALLY HOPE THAT THIS BILL WILL
ALSO BE A COMPLEMENT TO THAT. IF
CALIFORNIA HOUSEHOLDS, YOU KNOW,
WITH THAT, CALIFORNIA HOUSEHOLDS
WILL HAVE AN EVEN BETTER CHANCE
TO BECOME FINANCIALLY STABLE,
AND OF COURSE, THERE'S POWER AND
INFORMATION. SENATOR PADILLA'S
BILL WOULD ESTABLISH AN ANNUALLY
UPDATE WHAT A LIVING WAGE SHOULD
BE IN CALIFORNIA ON A COUNTY,
REGIONAL AND STATE LEVEL.
REPRESENTATIVE MULLINS BILL
WOULD SHINE LIGHT ON THE ON THE
UPDATED NUMBER OF HOUSEHOLDS
THAT WOULD BE ELIGIBLE FOR
PUBLIC BENEFITS, AND THEN THIS
REAL COST MEASURE REPORT BY
UNITED WAYS OF CALIFORNIA WOULD
CONTINUE TO HIGHLIGHT THE WAGE
GAPS THAT CALIFORNIA HAS
EXPERIENCED ACROSS CALIFORNIA.
SB 1049 WILL NOT CHANGE THE
STATE MINIMUM WAGE, RATHER, THE
BILL SHOULD BE THE YARDSTICK BY
WHICH WE SET OUR PRIORITIES BY
DETERMINING ACCURATE COST OF
LIVING WITH REGIONAL
CONSIDERATIONS IN MIND, WE WOULD
BE BETTER ABLE TO ADDRESS THE
RACIAL WEALTH GAP AND APPLY THIS
FORMULA TO LOCAL DEMOGRAPHICS.
IT WOULD MAKE CLEAR WHAT
INVESTMENTS ARE NEEDED FOR OUR
WORKFORCE AND TO IMPROVE THE
SYSTEMS THAT CAN LIFT UP
FAMILIES. FOR THOSE REASONS,
UNITED WAY BAY AREA OFFERS ITS
FULL SUPPORT FOR SB 1049 BY
SENATOR PADILLA AND URGE YOUR
AYE VOTE. THANK YOU SO MUCH.
GOOD MORNING, ANA HASSELBLAD
WITH UNITED WAYS OF CALIFORNIA.
WE REPRESENT ALL LOCAL UNITED
WAYS ACROSS THE GOLDEN STATE IN
EVERY COUNTY, AND WE ARE A PROUD
SPONSOR OF SB 1049. AND THIS
BILL WOULD PROVIDE THE COMMUNITY
AND CIVIC LEADERS AND BUSINESS
SECTOR, PUBLIC OFFICIALS, ETC,
THE VITAL INFORMATION THAT THEY
NEED TO ENSURE THAT AS WE MAKE
BUDGET DECISIONS IMPACTING
FAMILIES WITH LOW INCOMES, THAT
WE'RE FULLY CONSIDERING WHAT
FAMILIES NEED TO EARN AND HAVE A
DIGNIFIED STANDARD OF LIVING.
AND I WANT TO PUT AN EMPHASIS,
EMPHASIS ON THE WORD DIGNIFIED.
THERE IS SOMETHING THERE THAT'S
VERY IMPORTANT, ADDITIONALLY, SB
1049, THE BUSINESS CERTIFICATION
PROGRAM, WOULD ENSURE THAT
BUSINESSES HAVE AN OPPORTUNITY
TO COMMUNICATE WITH CONSUMERS
THAT THEY PAY A LIVING WAGE, AND
EMPLOYERS COULD USE THE
CERTIFICATION TO RECRUIT AND
RETAIN EMPLOYEES, BUILD
PARTNERSHIPS, ETC. THIS
VOLUNTARY PROGRAM WOULD BE A WIN
WIN FOR BUSINESSES, EMPLOYEES
AND CONSUMERS ALIKE. CURRENTLY
IN CALIFORNIA, A MINIMUM WAGE
EARNER MUST WORK MORE THAN TWO
FULL TIME JOBS TO AFFORD A ONE
BEDROOM APARTMENT. IN MOST
MARKETS. I'M GOING TO PAUSE FOR
IMPACT. THAT'S A REALLY
INCREDIBLE STATEMENT, AND THAT
TELLS YOU HOW FAR WE HAVE TO GO.
IF SOMEONE WORKS ONE FULL TIME
JOB, WHATEVER THAT JOB MAY BE,
THAT SHOULD BE ENOUGH TO COVER
THEIR HOUSING AND BASIC
NECESSITIES. AS AS MENTIONED BY
MY COLLEAGUE, THE REAL COST
MEASURE OUR STUDY ON WHAT IT
TAKES TO A HOUSEHOLD TO MEET
BASIC NEEDS. OVER 1 IN 3
HOUSEHOLDS IN CALIFORNIA CANNOT
MEET THOSE BASIC NEEDS. WE'RE
TALKING ABOUT A VERY BIG SEGMENT
OF THE POPULATION, AND IT'S THAT
THE SENATOR ALLUDED TO, LARGELY
INVISIBLE IN MANY WAYS. WE SEEK
TO MAKE THEM VISIBLE AND TO MAKE
SYSTEMS REACT TO THEIR NEEDS
MORE PROMPTLY, AND KNOWLEDGE IS
POWER, WHEN WE HAVE AN OFFICIAL
STATE LIVING WAGE FORMULA THAT
OUTLINES CLEARLY WHAT IT COSTS
FOR PEOPLE TO LIVE WITH DIGNITY
IN CALIFORNIA VERSUS LIVING
PAYCHECK TO PAYCHECK, WE'LL HAVE
THE POWER TO ACT TO ADDRESS
THOSE GAPS. IN FACT, ADDRESSING
THOSE GAPS AND BUILDING
SUSTAINABLE INVESTMENTS THROUGH
STATE POLICY AND BUDGET
DECISIONS IS ONE OF THE MOST
IMPORTANT ROLES THAT THE
LEGISLATURE ADMINISTRATION PLAYS
, THE DATA THAT YOU ALL HAVE AT
YOUR FINGERTIPS TO INFORM THOSE
DECISIONS SHOULD REFLECT WHAT
CALIFORNIAN HOUSEHOLDS FACE ON A
DAILY BASIS IN EACH COMMUNITY,
BY EACH COMMUNITY, EVERY
CALIFORNIAN DESERVES WHAT IT
TAKES TO BE FINANCIALLY STABLE
AND BUILD GENERATIONAL WEALTH.
AND EMPLOYERS SHOULD SHOULD BE
SUPPORTED IN COMMITTING TO A
LIVING WAGE TO HELP THEM
ACCOMPLISH THIS. SO FOR THESE
REASONS, UNITED WAYS OF
CALIFORNIA URGES YOUR SUPPORT OF
SB 1095 OR SORRY. 1049. THANK
YOU SO MUCH. ANYONE SPEAKING IN
SUPPORT OF THIS BILL, PLEASE
STEP FORWARD. STATE YOUR NAME,
AFFILIATION AND POSITION. GOOD
MORNING GINA PLAYED ON BEHALF OF
THE MONARCH SCHOOL HERE IN
SUPPORT OF THE BILL. SHANE
GUZMAN, ON BEHALF OF THE
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION, IN SUPPORT. OKAY.
WE'LL MOVE TO OPPOSITION. ANYONE
IN THIS ROOM THAT IS GIVING
TESTIMONY IN OPPOSITION TO THIS
BILL, ANYONE SPEAKING IN
OPPOSITION TO THIS BILL? OKAY.
WITH THAT, WE'LL MOVE TO THE
DÍAS MEMBERS. ANY COMMENTS, ANY
COMMENTS? WELL, I JUST WANT TO
SAY TO THE AUTHOR, THANK YOU FOR
BRINGING THIS BILL FORWARD, THIS
IS CRITICALLY IMPORTANT FOR
CALIFORNIA AS WE FIGURE OUT WAYS
TO BRING OUR ECONOMIES TOGETHER.
AND CERTAINLY IF WE DON'T HAVE
EVIDENCE AND DATA, IT'S HARD TO
DO THAT. AND I SEE THIS AS A
TRANSFORMATIONAL POLICY AND LOOK
FORWARD TO, HEARING MORE AS IT
MOVES, THROUGH THE PROCESS, HERE
IN THE STATE SENATE, I THINK WE
DO HAVE A QUORUM. NO, WE DO NOT
HAVE A QUORUM, BUT DO WE HAVE A
MOTION? OKAY, WE DO HAVE A
QUORUM. OH, WE DO. SORRY,
SENATOR, WOULD YOU LIKE TO
CLOSE? I KNOW, THANK YOU, MADAM
CHAIR. I WOULD JUST RESPECTFULLY
ASK FOR AN AYE VOTE, AND THEN I.
KNOW THANK YOU. AND ASSISTANT.
LET'S CALL THE ROLL. ON SB 1049,
SMALLWOOD, CUEVAS. Ó. THE
MOTION IS DUE. PASS A PARDON ME.
THE MOMENT THE MOTION IS DUE.
PASSED TO THE COMMITTEE ON
HOUSING, SMALLWOOD. CUEVAS.
SMALLWOOD. CUEVAS I WILK CORTEZ.
DURAZO LAIRD. OKAY. THE BILL IS
ON CALL WITH A VOTE OF 2 TO 0.
AND SO WE WILL WAIT FOR OTHER
MEMBERS, AND WE'LL CLOSE THIS
OUT WHEN WE ALL GET BACK. THANK
YOU. OKAY, SO NOW, SENATOR
PADILLA, WE'RE GOING TO GO TO SB
1105. ARE YOU READY? THANK YOU
VERY MUCH, MADAM CHAIR. AND
MEMBERS, I WANT TO THANK YOU AND
YOUR STAFF FOR WORKING WITH US
ON THIS BILL. SB 1105 WOULD
REQUIRE THAT PAID SICK LEAVE
GRANTED TO AGRICULTURAL
EMPLOYEES CAN ALSO BE UTILIZED
TO AVOID HAZARDOUS ENVIRONMENTAL
CONDITIONS SUCH AS SMOKE, HEAT
OR FLOODING UNDER THE
DECLARATION OF A LOCAL STATE
EMERGENCY. AS THE NATION'S
LEADING FARM STATE AND ONE OF
THE WORLD'S LARGEST PRODUCERS OF
FOOD, FARM WORKERS HAVE BEEN
FOUNDATIONAL TO CALIFORNIA'S
STANDING AS A FOURTH LARGEST
ECONOMY IN THE WORLD. DESPITE
THE VITAL ROLE THAT FARM WORKERS
PLAY IN CALIFORNIA, THEY
CONTINUE TO FACE SEVERAL
DISADVANTAGES AS COMPARED TO
OTHER POPULATIONS. WORKING
POPULATIONS. MANY LACK ACCESS TO
HEALTH CARE AND OTHER CRITICAL
SAFETY NET SERVICES, AND
FARMWORKERS DO NOT ENJOY THE
SAME PROTECTIONS. WORKERS AS
WORKERS IN OTHER INDUSTRIES.
WORKPLACE CONDITIONS ALSO EXPOSE
FARM WORKERS TO SEVERAL ADVERSE
ENVIRONMENTAL HAZARDS RESULTING
FROM EXTREME WEATHER EVENTS THAT
ENDANGER THEIR HEALTH AND
SAFETY, AND ECONOMIC LIVELIHOOD,
INCLUDING WORKING UNDER
EXTREMELY HIGH TEMPERATURES,
EXPOSURE TO SMOKE FROM WILDFIRES
AND RAIN, AGRICULTURAL WORKERS
ARE 35 TIMES MORE LIKELY TO DIE
FROM HEAT RELATED STRESS THAN
WORKERS IN ANY OTHER INDUSTRY IN
THE UNITED STATES, AGRICULTURE
IS ALSO ONE OF THE MOST
HAZARDOUS INDUSTRIES IN THE
UNITED STATES, AND THE RAPIDLY
CHANGING CLIMATE WILL ONLY
WORSEN CONDITIONS FOR THESE
LABORERS. AN ANALYSIS CONDUCTED
BY MOTHER JONES OF THE 168
RELATED FARM WORKER DEATHS IN
CALIFORNIA BETWEEN THE YEARS
2018 AND 2022, 83 OF THE 168
TRAGICALLY LOST THEIR LIVES WHEN
TEMPERATURES IN THE SURROUNDING
AREA EXCEEDED 80°F. THE
TEMPERATURES THAT TRIGGERS
CALIFORNIA'S HEAT SAFETY
REQUIREMENTS AS AVERAGE
TEMPERATURES INCREASE AND HEAT
WAVES, WILDFIRES AND EXTREME
CONDITIONS INCREASE, FARMWORKERS
WILL BE AT CONTINUED RISK FOR
LOSING THEIR LIVES. WHEN THE
STATE OF CALIFORNIA HAS TAKEN
SOME OF THE MOST PROACTIVE STEPS
TO BE A LEADER IN OCCUPATIONAL
SAFETY STANDARDS RELATED TO HEAT
SMOKE, FARM WORKERS NEED TO KNOW
THAT DURING CLIMATE EMERGENCIES
THAT THEY ARE NOT RISKING
PERSONAL FINANCIAL DISASTER BY
CHOOSING THEIR SAFETY, ALLOWING
THEM TO PROTECT THEMSELVES AND
USE THE TIME OFF THAT THEY HAVE
EARNED AND ARE ENTITLED TO AVOID
EXPOSING THEIR BODIES TO FURTHER
RISK. FARMWORKERS ARE PART OF
THE ECONOMIC LIFEBLOOD OF OUR
STATE, AND PUTTING FOOD ON ALL
OF OUR TABLES. WE MUST DO
EVERYTHING WE CAN TO EMPOWER
THESE WORKERS. WITH ME TODAY, IS
IRENE DE BARRA, DIRECTOR OF
POLICY, ADVOCACY AND
COMMUNICATIONS FROM LIDERES
CAMPESINA. THANK YOU VERY MUCH,
SENATOR PADILLA AND THANK YOU
FOR HAVING ME HERE TODAY,
LIDERES CAMPESINOS IS IN SUPPORT
OF SB 1105. AND WE LEADERS
CAMPESINOS IS A STATEWIDE
NETWORK OF WOMEN FARMWORKER
LEADERS. AND AS WE KNOW,
FARMWORKERS CONTRIBUTE TO A $50
BILLION ESTIMATED ECONOMY HERE
IN CALIFORNIA. THESE ESSENTIAL
WORKERS CONTINUE TO LABOR
WITHOUT THE NECESSARY SAFETY
NETS, LIKE UNEMPLOYMENT
BENEFITS, TO RELY ON DURING
CIRCUMSTANCES BEYOND THEIR
CONTROL. THEY OFTEN CANNOT
AFFORD TO PUT FOOD ON THEIR OWN
TABLES DUE TO REDUCED HOURS
RELATED TO EXTREME WEATHER
CONDITIONS. THEY ALSO CONTINUE
TO BE AMONGST THE MOST
VULNERABLE DUE TO INCOMPLETE
IMMIGRATION STATUS AND THE LACK
OF ADEQUATE OVERSIGHT THAT
ENSURES THEIR SAFETY AND PROPER
WORKER PROTECTIONS. FARMWORKERS
ARE LOSING MONTHS OF WAGES AND
WORK DUE TO CLIMATE. THIS ALSO
CONTRIBUTES TO AN UNSTABLE LABOR
FORCE, SOMETHING WE ALL NEED TO
WORK TOGETHER TO PRESERVE. WE
RECENTLY HELD A PANEL WITH
FARMWORKERS AND ASKED THEIR
THOUGHTS ON BEING ABLE TO USE
SICK, SICK TIME FOR CLIMATE
RELATED REASONS. THEY ALL AGREED
IT WOULD BE REALLY NICE,
ALTHOUGH STILL MANY EXPRESSED
THEY DO NOT EVEN GET SICK. SICK
TIME SB 11 ZERO FIVE IS A
NECESSARY MOVE FORWARD UNTIL WE
IMPLEMENT INTENTIONAL WAGE
REPLACEMENT PROGRAMS THAT DO NOT
EXCLUDE IMMIGRANTS. ESSENTIAL
WORKERS. RECENTLY, I HEARD
DOLORES HUERTA SPEAK ABOUT THE
70 PLUS YEARS OF FARMWORKER
MOVEMENT BUILDING AND HOW
THERE'S STILL MUCH WORK TO BE
DONE. SO THIS WOULD DEFINITELY
BE A MOVE FORWARD. AND ON THAT
NOTE, HAPPY DOLORES HUERTA DAY.
THANK YOU. THERE IS NO. OKAY.
ANYONE ANY IN IN SUPPORT OF THIS
BILL? THANK YOU. SORRY I HAVE TO
RAISE THAT UP A LITTLE BIT. GOOD
MORNING JONATHAN CLAY. ON BEHALF
OF THE CITY OF IMPERIAL HERE IN
SUPPORT, THESE ARE ALL MEMBERS
OF OUR COMMUNITY. AND SO WE'RE
REALLY PROUD OF SENATOR PADILLA
FOR CARRYING THIS BILL AND
SUPPORT HIM ON THIS MEASURE.
THANK YOU. THANK YOU. AND,
CAPTAIN, WITH CALIFORNIA RURAL
LEGAL ASSISTANCE FOUNDATION IN
SUPPORT. THANK YOU. THANK YOU,
ABBY ALVAREZ WITH THE CALIFORNIA
FOOD AND FARMING NETWORK, THE
MARIN FOOD POLICY COUNCIL, Kò
CHEN, THE CENTRAL COAST
ALLIANCE, UNITED FOR SUSTAINABLE
ECONOMY AND THE PESTICIDE ACTION
NETWORK AND ROOTS OF CHANGE.
THANK YOU, THANK YOU. ANYONE
ELSE SPEAKING IN SUPPORT OF THIS
BILL? OKAY. WE'LL MOVE TO
OPPOSITION. IS THERE ANYONE
GIVING TESTIMONY IN OPPOSITION
TO THIS BILL? ANYONE SPEAKING IN
OPPOSITION TO THIS BILL? OKAY.
THANK YOU. AND NOW WE'LL TURN TO
MEMBERS. MEMBER. THANK YOU, I
THINK THIS IS A GOOD BILL. AND I
MOVED THE BILL. THANK YOU FOR
THAT, SENATOR LAIRD, SENATOR
PADILLA, WOULD YOU LIKE TO
CLOSE? THANK YOU, MADAM CHAIR.
RESPECTFULLY ASK FOR AN AYE VOTE
. WE WILL PUT THIS WHEN OUR
MEMBERS Ó. WE. OKAY. WE DO HAVE
A MOTION. OKAY THANK YOU FOR
THAT. WE HAVE A MOTION
ASSISTANT. WILL YOU CALL THE
ROLL ON FILE ITEM NUMBER FOUR,
SB 1105. THE MOTION IS DUE
PASSED. THE COMMITTEE ON
APPROPRIATIONS. SMALL. CUEVAS.
SMALLWOOD. CUEVAS. I WILK CORTEZ
. DURAZZO. LAIRD I. OKAY. THIS
VOTE IS ON. COLE. COLE. CALL AT
A VOTE OF 2 TO 0. THANK YOU SO
MUCH, SENATOR PADILLA. MADAM
CHAIR, I DON'T SEE ANY OTHER
AUTHORS. SO FOR THE PURPOSES OF
JUST GETTING THE VOTE UP, I
WOULD MOVE THE CONSENT AGENDA.
OH, WE'VE ALREADY DONE THAT. OH,
WE'VE ALREADY DONE THAT. YES,
BUT WE. BUT YOU NEED TO VOTE.
YOU NEED TO VOTE ON IT. NO, NO,
IT WAS. THEN WE'RE GOOD. YES.
GOOD. YOU DID VOTE ON THAT. SO
THE ONLY THING WE'RE MISSING IS
THE BILL I PRESENTED. THAT'S
RIGHT. DO THE RULES ALLOW EITHER
ONE OF US TO MOVE IT? NO, I
DIDN'T THINK SO. SO WE HAVE TO
WAIT FOR SOMEBODY. TÊ. OKAY, I'M
TRYING OVER HERE. I APPRECIATE
IT. I NEED ALL THE HELP I CAN
GET. OKAY.
OKAY OKAY. SO WE HAVE A LOT OF
COMPETING HEARINGS TODAY. WE'RE
GOING TO TAKE A 15 MINUTE RECESS
HERE. AND LABOR, PUBLIC
EMPLOYMENT, RETIREMENT AND THEN
RECONVENE ON,
OKAY. THE COMMITTEE ON LABOR,
PUBLIC EMPLOYMENT AND
RETIREMENT. 20S.
OKAY, SO SINCE WE HAVE MORE OF
OUR MEMBERS HERE, WE ARE GOING
TO GO BACK TO SB 1205, SENATOR
LAIRD'S BILL TO SEE IF WE GET
OUR MOTION PUT FORWARD. SO WE
CAN CALL THE VOTE. THANK YOU SO
MUCH, SENATOR CORTESE,
ASSISTANT. CAN WE CALL THE ROLL?
ON A FILE ITEM SEVEN, SB 1205 BY
SENATOR LAIRD. THE MOTION IS DUE
PASSED TO THE COMMITTEE ON
APPROPRIATIONS. SMALLWOOD.
CUEVAS. A SMALLWOOD. CUEVAS I
WILK CORTEZ A. CORTEZ I DURAZO.
DURAZO I. LAIRD I. LAIRD I.
OKAY. AT 4 TO 0, THIS BILL IS ON
CALL. NEXT WE ARE GOING TO HEAR
FROM SENATOR CORTESE. ARE YOU
READY TO PRESENT ON YOUR BILL?
WE'RE GOING TO MOVE AND FILE
ORDER. WE'VE BEEN JUMPING
AROUND, SO WE ARE GOING BACK TO
FILE ORDER. AND THAT WOULD BE
SENATOR CORTEZ, FILE ITEM NUMBER
EIGHT.
WELL, THANK YOU, MADAM CHAIR.
AND SENATORS, I'M PLEASED TO
PRESENT SB 1299, SPONSORED BY
THE UNITED FARM WORKERS. THE
INCREASED FREQUENCY OF EXTREME
HEAT CONDITIONS AND ITS GROWING
RISKS TO WORKERS HIGHLIGHT THE
IMPORTANCE AND NECESSITY OF
EMPLOYER COMPLIANCE OF
CALIFORNIA'S OUTDOOR HEAT
REGULATIONS TO KEEP WORKERS
SAFE. SB 1299 PROMOTES
COMPLIANCE WITH THE EXISTING
OUTDOOR HEAT REGULATION THROUGH
A REBUTTABLE PRESUMPTION FOR
HEAT RELATED INJURY AND DEATH.
FARM WORKERS WHO SUFFER INJURY,
ILLNESS OR DEATH WHILE WORKING
FOR A NON-COMPLIANT EMPLOYER
WILL BE TREATED AND COMPENSATED
EXPEDITIOUSLY. THE BILL ALSO
ESTABLISHES A FARM WORKER,
CLIMATE CHANGE, HEAT INJURY AND
DEATH FUND TO OFFSET DERS
ADMINISTRATIVE COSTS. THE NEW
FUND WILL BE FUNDED ON A ONE
TIME BASIS FROM THE EXISTING
WORKER'S COMP COMP, AN
ADMINISTRATION REVOLVING FUND.
THAT WAS A LOT TO SAY. SOME OF
THE LARGEST AGRICULTURAL
COUNTIES IN THE STATE ARE
EXPERIENCING RECORD BREAKING
HEAT WAVES IN 2022. KING CITY IN
MONTEREY COUNTY BROKE ITS
HOTTEST TEMPERATURE EVER
RECORDED AT 116 DEGREES. FRESNO
RECORDED AN ALL TIME HIGH AT 114
DEGREES. STOCKTON IN SAN JOAQUIN
COUNTY SHATTERED ITS 1988 RECORD
OF 106 BY REACHING 112 DEGREES.
THESE RECORD BREAKING HEAT WAVES
ARE HARMFUL TO THE HEALTH OF
AGRICULTURAL WORKERS. FROM 2018
TO 2019, IN FACT, THE NUMBER OF
SUSPECTED AND CONFIRMED FARM
WORKER HEAT RELATED DEATHS
INCREASED EXPONENTIALLY. BE WITH
US TODAY TO TESTIFY. WE HAVE
MARTHA MONTIEL, A FARM WORKER
REPRESENTING THE UNITED FARM
WORKERS AND ANNE COTTON,
DIRECTOR OF PESTICIDE AND WORKER
SAFETY PROJECT AND LEGISLATIVE
ADVOCATE FOR THE CALIFORNIA
RURAL LEGAL ASSISTANCE
FOUNDATION. AT THE APPROPRIATE
TIME, I WOULD RESPECTFULLY ASK
FOR YOUR AYE VOTE. THANK YOU SO
MUCH. WITNESSES, PLEASE STEP
FORWARD. YOU EACH HAVE TWO
MINUTES AND THEN WE WILL GO TO
TESTIMONY AND TESTIMONY,
STATEMENTS IN SUPPORT. PLEASE
PROCEED. THANK YOU. BUENOS DIAS.
MY NAME IS MARTHA MONTIEL. SOY
UN TRABAJADORA AGRICOLA MIEMBRO
DE LA Ó W Y ÁP LAS DOCE NO
ESTOY AQUI PARA PEDIR MAS
BENEFICIOS PARA LOS TRABAJADORES
AGRICOLAS. NO ESTOY AQUI PARA
PEDIR CAMBIOS EN LAS
REGULACIONES ESTATALES DE LA
CALOR. CADA VEZ MAS CALOR EL
COLOR ENFERMA LOS TRABAJADORES
AGRICOLAS EL COLOR A MUCHOS DE
NUESTROS COMPANEROS. GOOD
MORNING MY NAME IS MARTA
MONTIEL. I'M A FARM WORKER AND
MEMBER OF UFW, AND WE'RE HERE IN
SUPPORT OF SB 1299. I'M NOT HERE
TO ASK FOR MORE BENEFITS FOR
FARM WORKERS. I'M NOT HERE TO
ASK FOR CHANGES TO THE STATE'S
OUTDOOR HEAT REGULATIONS. IT IS
GETTING HOTTER. HE MAKES
FARMWORKERS SICK. HE HAS KILLED
TOO MANY OF US. EL ESTADO DE LOS
NOMBRES DE TRABAJADORES
AGRICOLAS EN EL CUANDO EL ESTADO
ESTAS MUERTES DESCUBRIO QUÊ
EMPLEADORES DE ESAS TREINTA
MUERTES REGULACIONES DEL CALOR.
CALIFORNIA REGISTRO DE CUANTOS
TRABAJADORES SON ADMITIDOS IN
THE HOSPITAL DEBIDO AL CALOR, OR
A LAS ENFERMEDADES CAUSADAS POR
EL CALOR. THE STATE GAVE US THE
NAMES OF 30 FARM WORKERS WHO
DIED IN 2019, WHEN THE STATE
LOOK INTO THESE DEATHS, THEY
FOUND THAT 13 OF THE EMPLOYERS
OF THOSE 30 DEAD FARMWORKERS
WERE IN VIOLATION OF HEAT
REGULATION. CALIFORNIA DOES NOT
KEEP TRACK OF HOW MANY WORKERS
ARE ADMITTED TO THE HOSPITAL
BECAUSE OF HIS STROKE OR OTHER
ILLNESSES. IN EL VERANO DEL TWO,
EXPERIENCIA IMPACTANTE CUANDO
ESTABA TRABAJANDO EN LOS CAMPOS
DE UBA Y ACA MAS GRADOS DE COLOR
ME COLEGA EMPEZO A MARIDO Y CÁC
PERDIDO EL CONOCIMIENTO PORQUE
NO HABIA AGUA CERCA NI TAMPOCO
LA SOMBRA. LA DIJIMOS A NUESTRO
MAYORDOMO, PERO ÉL NO ASUMIR LA
RESPONSABILIDAD Y NOS MANDO A
CASA Þ QUÊ LA RAMOS AL DOCTOR
ESTA FALTA DE RESPUESTA. A WHOLE
PLANT ES ES ALGO QUÊ LOS
EMPLEADOS USAN CONSTANTEMENTE
PARA NØ NO TOMAR EN SERIO LO QUÊ
ESTA PASANDO EN LOS GOLPES DE
COLOR. LA LUCHA CONTRA EL CAMBIO
CLIMATICO NO SE TRATA SOLAMENTE
DE LOS ALTOS ELÉCTRICOS TAMBIÉN
SE TRATA DE COSAS SIMPLES COMO
EL AGUA POTABLE, FRIA Y SOMBRA
PARA EL DESCANSO PARA NOSOTROS
COMO TRABAJADORES DEL CAMPO
DEMASIADO PEDIR. CUANDO SABES
QUÉ ESTAS COSAS REALMENTE SALVA
VIDAS Y ESO ES TODO GRACIAS. IN
THE SUMMER OF 2021, I HAD
IMPACTFUL EXPERIENCE WHEN I WAS
WORKING IN THE GREAT FIELDS AND
IT WAS OVER 100 DEGREES. MY
COLLEAGUE STARTED FEELING DIZZY
AND ALMOST BECAME UNCONSCIOUS
BECAUSE THERE WASN'T WATER
NEARBY, THERE WASN'T SHADE AT
ALL. WE TOLD THE CREW LEADER,
BUT HE DIDN'T WANT TO TAKE
RESPONSIBILITY AND TOLD US THAT
WE COULD TELL HER TO HER HOUSE
OR TO HER DOCTOR OFFICE. THIS
LACK OF RESPONSE AND PLAN BY
EMPLOYERS IS THE NORM. FIGHTING
CLIMATE CHANGE IS NOT JUST ABOUT
ELECTRIC CARS, IT'S ALSO ABOUT
THE SIMPLE THINGS KHÓ WATER AND
SHADE AND REST BREAKS. THAT'S
NOT TOO MUCH TO ASK WHEN YOU
KNOW THESE THINGS REALLY DO SAVE
LIVES. THANK YOU. GRACIAS. THANK
YOU. GOOD MORNING. I'M AN CATAN
PESTICIDE AND WORK HEALTH AND
SAFETY SPECIALIST WITH
CALIFORNIA RURAL LEGAL
ASSISTANCE FOUNDATION AND, WE
STRONGLY SUPPORT SB 1299 BECAUSE
BY INCENTIVIZING COMPLIANCE WITH
THE HEAT ILLNESS AND INJURY
PREVENTION REGULATION, IT WILL
SAVE LIVES AND PREVENT
DEBILITATING INJURY AND ILLNESS
LIKE YOU'VE JUST HEARD OF, THE
PROCESS FOR, SB 1299 WORKS AS
FOLLOWS A FARM WORKER SUFFERS A
HEAT RELATED INJURY, ILLNESS, OR
FATALITY WHILE EMPLOYED DOING
AGRICULTURAL WORK. THE WORKER OR
THE DECEASED WORKER'S FAMILY
FILES A WORKER'S COMPENSATION
CLAIM. IF THE CLAIM IS
CONTESTED, IT'S REVIEWED BY THE
WORKER'S COMP APPEALS BOARD,
WHOSE JUDGES ROUTINELY EVALUATE
EVIDENCE OF SAFETY REGULATION,
COMPLIANCE IN WORKER'S COMP
CASES. IF THE EVIDENCE
DEMONSTRATES THAT THE EMPLOYER
WAS NOT IN COMPLIANCE WITH THE
HEAT ILLNESS PREVENTION
STANDARD, THE INJURY OR FATALITY
BECOMES ELIGIBLE FOR THE
REBUTTAL PRESUMPTION. UNDER THIS
LEGISLATION, IF THERE IS NO
EVIDENCE OF VIOLATION OF THE
EXISTING HEAT ILLNESS PREVENTION
REGULATION AT THE TIME OF THE
INJURY OR DEATH, THEN THE BILL
SIMPLY DOES NOT APPLY, BUT THE
CASE MAY STILL BE RULED
COMPENSABLE. THE WORKER'S COMP
APPEALS BOARD WILL RULE BASED ON
THE EVIDENCE, INCLUDING WHETHER
THERE WAS FAILURE TO COMPLY WITH
THE HEAT REGULATION. SB 1299,
HOWEVER, DOES NOT CHANGE THE
EXISTING HEAT ILLNESS PREVENTION
REGULATION. IT DOESN'T APPLY TO
EMPLOYERS WHO ARE IN COMPLIANCE
WITH THE HEAT ILLNESS PREVENTION
REGULATION. IT DOESN'T CREATE
ANY NEW WORKER'S COMPENSATION
BENEFIT LEVELS. IT DOESN'T
IMPOSE ANY, PENALTY ON
EMPLOYERS, WE THANK YOU FOR YOUR
CONSIDERATION AND WE URGE YOU I
VOTE OF THIS IMPORTANT
LEGISLATION. THANK YOU VERY MUCH
FOR YOUR TESTIMONIES, NEXT,
WE'LL CALL THOSE IN SUPPORT OF
THIS BILL. PLEASE STATE COME TO
THE PODIUM AND STATE YOUR NAME,
AFFILIATION AND POSITION. ELMER
LOZADA, CALIFORNIA LABOR
FEDERATION AND SUPPORT DAVID
CAMPOS ON BEHALF OF THE COUNTY
OF SANTA CLARA, IN SUPPORT.
JASON MARCUS, CALIFORNIA.
APPLICANTS, ATTORNEYS
ASSOCIATION IN SUPPORT. RACHEL
DEUTSCH, CALIFORNIA COALITION
FOR WORKER POWER AND STRONG
SUPPORT SHANE GUZMAN, ON BEHALF
OF THE TEAMSTERS IN SUPPORT.
THANK YOU. ANYONE ELSE TO
COMMENTING IN SUPPORT OF THIS
BILL? OKAY, NEXT WE'LL MOVE TO
OPPOSITION. OPPOSITION
WITNESSES. YOU HAVE TWO MINUTES,
GOOD MORNING, MADAM CHAIR.
MEMBERS. ASHLEY HOFFMAN, ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE, IN OPPOSITION, WE
HEAR THE FRUSTRATION EXPRESSED
BY THE OPPONENTS REGARDING THE
CONTINUING ISSUES RELATED TO
HEAT. HOWEVER, OUR OPPOSITION
REALLY COMES FROM THE FACT THAT
THIS BILL DOES NOT APPEAR TO BE
BASED ON AN ALLEGED FAILING OF
THE WORKERS COMPENSATION SYSTEM.
AND WE'VE TALKED A LOT ABOUT
THAT SYSTEM IN THE HEARING TODAY
AND WANT TO REMIND THAT IT IS A
NO FAULT SYSTEM WITH A VAST,
VAST MAJORITY OF CLAIMS BEING
ACCEPTED AND BEING ACCEPTED
QUICKLY, AS THIS COMMITTEE HAS
STATED WHEN ASSESSING PRIOR
WORKERS COMPENSATION BILLS,
CREATING A PRESUMPTION IS AN
EXCEPTIONAL DEVIATION AND MAKES
IT SO THAT EMPLOYERS, QUOTE,
MUST ACCEPT LIABILITY BARRING
UNUSUAL CIRCUMSTANCES. FOR THAT
REASON, THIS LEGISLATION AND THE
ADMINISTRATION HAS DENIED,
ATTEMPTS TO CREATE PRESUMPTIONS
OR HAS VETOED SUCH BILLS. ABSENT
CLEAR AND CONVINCING EVIDENCE
SHOWING DATA SHOWING THE NEED
FOR THOSE PRESUMPTIONS, WE ARE
STILL COLLECTING SOME DATA. BUT
PRELIMINARY AUDITS THAT WE HAVE
RUN SHOW THAT VERY, VERY FEW
CLAIMS RELATED TO HEAT ARE FILED
, ONE LARGE ENTITY, FOR EXAMPLE,
ONLY HAD 13 IN THE LAST FIVE
YEARS, IF THE PROPONENTS HAVE
OTHER DATA, WE ARE VERY HAPPY TO
ASSESS THAT. I THINK JUST KIND
OF AN OVERARCHING POINT IS THAT
GENERALLY IN THE LEGISLATURE,
THE ADMINISTRATION ENACTS A
PRESUMPTION. IT IS BECAUSE WE
HAVE CLEAR DATA SHOWING THAT THE
WORKERS COMPENSATION SYSTEM,
SPECIFICALLY IS A PROBLEM. AND
WE HAVE NOT SEEN THAT WITH THIS
BILL, JUST RELATED TO THE
MECHANICS OF HOW THE PRESUMPTION
WOULD WORK. WE DO HAVE CONCERNS
ABOUT WHAT CAB BEING THE ONE TO
ASSESS WHETHER THERE HAS BEEN A
VIOLATION OF AN OSHA STANDARD.
FOR EXAMPLE, THERE WAS A BILL
LAST YEAR, AB 594 BY ASSEMBLY
MEMBER MAIENSCHEIN THAT WOULD
HAVE TASKED PUBLIC PROSECUTORS
WITH ENFORCING OSHA STANDARDS,
AND THAT WAS ACTUALLY PROMPTLY
REMOVED FROM THE BILL DUE TO
THIS EXACT SAME CONCERN, AND
AGAIN, WHAT CAB IS, IS
SPECIALIZED AS WORKERS
COMPENSATION. WE HAVE CONCERNS
ABOUT HAVING THEM DELVE INTO
OTHER ASPECTS OF LABOR LAW,
ALSO, IT APPEARS THAT ANY
VIOLATION OF A STANDARD WOULD
TRIGGER THE PRESUMPTION, EVEN IF
UNRELATED. SO, FOR EXAMPLE,
THERE ARE CERTAIN REGULATIONS
REGARDING TRAINING REQUIREMENTS
IF EVEN JUST ONE SUPERVISOR WAS
NOT TRAINED, EVEN IF THAT
SUPERVISOR HAD NOTHING TO DO
WITH THE WORKER AT ISSUE, THE
PRESUMPTION WOULD APPLY. AND
THEN FINALLY, THE LANGUAGE SAYS
THAT IT APPLIES TO QUOTE,
RESULTING INJURIES. AND SO IF
THE WORKER IS ABLE TO SHOW
ALREADY THAT THE INJURY RESULTED
FROM WORK, NO PRESUMPTION WOULD
BE NEEDED. THAT CLAIM WOULD
ACTUALLY ALREADY BE ACCEPTED
UNDER THE CURRENT SYSTEM. SO
RESPECTFULLY ASK FOR A NO VOTE
TODAY. THANK YOU. YOU'RE
WELCOME. THANK YOU. NEXT WITNESS
. GOOD MORNING, CHAIR AND
MEMBERS OF THE COMMITTEE. MY
NAME IS LAURA CURTIS AND I'M
HERE ON BEHALF OF THE AMERICAN
PROPERTY CASUALTY INSURANCE
ASSOCIATION. THANK YOU SO MUCH
FOR THE OPPORTUNITY TO TESTIFY
TODAY. WE ARE OBVIOUSLY VERY
SYMPATHETIC TO THIS ISSUE, AND
INSURERS GENERALLY WANT TO
REDUCE RISK. WE DON'T WANT TO
SEE ANY HEAT ILLNESS CLAIMS, BUT
WE DON'T SEE THAT THIS BILL IS
ACTUALLY THE SOLUTION TO THAT
ISSUE. I ALIGN MY COMMENTS WITH
THE CHAMBER, BUT I DO WANT TO
UNDERSCORE TWO MAIN PROVISIONS
OF THE BILL OR MAIN ISSUES WITH
THE BILL THAT WE SEE AS
PROBLEMATIC. FIRST, AS THE
CHAMBER HAS PREVIOUSLY STATED,
THIS LEGISLATURE AND THE
ADMINISTRATION HAVE RECOGNIZED
MANY TIMES THAT PRESUMPTIONS
SHOULD BE ESTABLISHED SPARINGLY.
JUST LAST YEAR, GOVERNOR NEWSOM
MADE CLEAR IN SEVERAL VETO
MESSAGES THAT THERE MUST BE
CLEAR AND COMPELLING EVIDENCE IN
ORDER FOR A PRESUMPTION TO BE
ESTABLISHED. HOWEVER, WE ARE
JUST SIMPLY NOT AWARE OF THE
DATA TO SUPPORT A PRESUMPTION IN
THIS CASE. SO BASED ON THESE
STANDARDS SET BY THIS
LEGISLATURE AND THE
ADMINISTRATION, WE THINK THAT
THIS BILL FAILS TO MEET THAT
CLEAR AND COMPELLING EVIDENCE
STANDARD. SECOND, INJURY IS
DEFINED IN THE BILL AS ANY HEAT
RELATED INJURY, ILLNESS OR DEATH
THAT DEVELOPS OR MANIFESTS AFTER
THE EMPLOYEE WAS WORKING
OUTDOORS OR WITHIN THE PAY
PERIOD IN WHICH THE EMPLOYEE
SUFFERS ANY HEAT RELATED INJURY
OR DEATH. SO IN THIS BILL, THERE
ARE NO REAL LIMITS ON THE TIME
FRAME AS TO WHAT WOULD
CONSTITUTE, AFTER WORKING FOR
AGRICULTURAL EMPLOYEES, MANY OF
THEM ARE PAID ON A WEEKLY BASIS.
HOWEVER, SOMETIMES IN OTHER
SECTORS SUCH AS DAIRY FARMING,
THEY ARE PAID ON A MONTHLY BASIS
, SO THE INJURY MUST DEVELOP OR
MANIFEST WITHIN A WEEK OR MAYBE
A MONTH AFTER THE EMPLOYEE IS
WORKING, WHICH COULD INCLUDE
THEM GOING HOME, WORKING OUT,
DOING LABOR IN THEIR OWN YARD OR
AROUND THEIR OWN HOUSE, PLAYING
SPORTS AND THEN SUFFERING THE
HEAT RELATED ILLNESS STILL
WITHIN THAT WEEK OR THAT MONTH.
AND WE SEE THAT AS EXTREMELY
PROBLEMATIC BECAUSE THE
DEFINITION OF INJURY WOULD
ARGUABLY CREATE AN REBUTTABLE
PRESUMPTION OF COVERAGE FOR AN
EMPLOYEE WHO SUFFERS AN INJURY A
WEEK OR A MONTH AFTER GOING HOME
. SUCH PRECEDENT WOULD UPEND THE
WORKER'S COMPENSATION SYSTEM FOR
THESE REASONS, WE ARE
RESPECTFULLY OPPOSED TO SB 1299
AND DO THANK THE AUTHOR AND HIS
OFFICE FOR MEETING WITH US ON
THIS ISSUE. BUT WE DO ASK FOR A
NO VOTE ON THIS BILL. THANK YOU.
THANK YOU. NOW WE'LL HAVE
OPPOSITION TESTIMONY. PLEASE
JUST STATE COMMENTS. PLEASE JUST
STATE YOUR NAME, AFFILIATION AND
POSITION. GOOD MORNING, BRIAN
LITTLE, CALIFORNIA FARM BUREAU
FEDERATION IN OPPOSITION FOR THE
REASONS PREVIOUSLY DESCRIBED.
THANK YOU. GOOD MORNING. TAYLOR.
MOTION ON BEHALF OF THE
CALIFORNIA FRESH FRUIT
ASSOCIATION, CALIFORNIA COTTON
GROWERS AND GINNERS ASSOCIATION,
WESTERN AG PROCESSORS, THE
STRAWBERRY COMMISSION AND NISEI
FARMERS LEAGUE IN OPPOSITION.
CHARREN MEMBERS TRICIA GEHRINGER
WITH AGRICULTURAL COUNCIL OF
CALIFORNIA RESPECTFULLY OPPOSED.
GOOD MORNING CHAIR AND MEMBERS.
ANNALEE AUGUSTINE, ON BEHALF OF
THE FAMILY BUSINESS ASSOCIATION
OF CALIFORNIA, CALIFORNIA GRAIN
AND FEED ASSOCIATION, CALIFORNIA
SEED ASSOCIATION, AND VARIOUS
OTHER AGRICULTURAL ENTITIES
RESPECTFULLY OPPOSED. OKAY,
SEEING NO MORE COMMENTS, WE WILL
TURN IT OVER TO MEMBERS. SENATOR
DEROSA. YES. SOMETHING LIKE THIS
SHOULD JUST BE NATURALLY TAKEN
CARE OF, WHEN YOU WORK OUT IN
THE FIELDS, AS I DID AS A LITTLE
KID GROWING UP IN THE FIELDS
WITH MY SISTERS AND BROTHERS AND
PARENTS, NOBODY WATCHED OUT FOR
THE HEAT. AND WE'RE REALLY GLAD
THAT NOW IN CALIFORNIA, THERE
ARE SOME HEAT REGULATIONS, THAT
SHOULD HAVE THAT SHOULD HAVE
BEEN ENOUGH. BUT WHEN PEOPLE
CONTINUE TO GET SICK AND DIE, I
THINK IS PRETTY OUTRAGEOUS. IF
THE HEAT REGULATIONS ARE
FOLLOWED, THERE'S NO
PRESUMPTION, AND THAT SEEMS TO
BE AS SIMPLE AS ANYBODY NEEDS.
SO I'M SURPRISED TO CONTINUE TO
SEE OPPOSITION TO THE LIVELIHOOD
OF PEOPLE WHO WORK SO HARD TO
PUT THE FOOD ON OUR TABLES THAT
THEY THAT THERE IS SUCH POWER
AGAINST THEM HAVING THESE
MINIMAL PROTECTIONS. SO I'M
REALLY DISAPPOINTED AND I WOULD
BE HONORED TO MOVE THE BILL.
THANK YOU. SENATOR RUSSO. AND I
WANT TO JUST ALIGN MY COMMENTS
WITH MY GOOD COLLEAGUE FROM LOS
ANGELES. AND THANK YOU, SENATOR
CORTESE, FOR BRINGING THIS BILL,
CALIFORNIA IS GETTING HOTTER AND
HOTTER. AND AS WE'RE DEALING
WITH CLIMATE CHANGE, WE HAVE TO
ENSURE THAT EVERY WORKPLACE,
PARTICULARLY THOSE THAT ARE
OUTDOOR DOORS, PEOPLE WHO ARE
PREPARING OUR FOOD, WHO ARE
WORKING IN, IN THE CONDITIONS OF
CLIMATE CHANGE EVERY DAY, DAY IN
AND DAY OUT ARE PROTECTED. AND
IT'S INCUMBENT UPON US TO ENSURE
THAT THAT HAPPENS AS AS THE
STATE LEGISLATURE. SO WITH THAT,
I'LL ASK YOU TO CLOSE Ó. THANK
YOU, MADAM CHAIR. AND SENATOR
DEROSA, FOR YOUR COMMENTS AS
WELL, I'LL BE BRIEF, BUT I DO
WANT TO RESPOND JUST VERY
QUICKLY TO A COUPLE OF THINGS,
FIRST OF ALL, AS AS WE ALL KNOW,
DESPITE. RIGHT, THE
CHARACTERIZATION, I THINK BY THE
OPPOSITION, A REBUTTABLE
PRESUMPTION DOES NOT GUARANTEE
THAT A CLAIM IS GOING TO BE PAID
BY ANY MEANS. IT IT SHIFTS THE
BURDEN OF PROOF TO A PRESUMPTION
THAT IS REBUTTABLE, BEALL BY BY
THE EMPLOYER, SO THAT THOSE
EXAMPLES OF, OF SOMEBODY
PLAYING, A SPORT TWO WEEKS AFTER
, YOU KNOW, A HIGH HEAT
SITUATION AND A NONCOMPLIANT
SITUATION WOULD SOMEHOW
AUTOMATICALLY LEAD TO, TO FRAUD
OR TO A CLAIM JUST ARE JUST NOT
SUBSTANTIATED. THE EMPLOYER HAS
THAT INFORMATION. THEY CAN BRING
IT FORWARD AND REBUT THE
PRESUMPTION AND PRESUMABLY
PREVAIL. BUT WE HAVE, AS SENATOR
ALSO SAID, WE HAVE HEAT ILLNESS
STANDARDS NOW FOR A REASON, THE
SIMPLEST WAY TO AVOID THE
PRESUMPTION IF THE EMPLOYER IS
WORRIED ABOUT THAT IS SIMPLY
COMPLY. JUST COMPLY. IF I DIDN'T
HAVE A SPONSOR ON THIS BILL, TO
BE PERFECTLY CANDID, I WOULD NOT
EVEN HAVE THE PROOF REQUIRED FOR
COMPLIANCE IN THE BILL, BECAUSE
I THINK IF A FARM WORKER IS
WORKING AT 114 DEGREE HEAT AND
SUCCUMBS TO AN ILLNESS OR
SUCCUMBS COMPLETELY, OR IF IT'S
FATAL, WHICH AND WE HAVE HAD
THOSE CIRCUMSTANCES, THERE
PROBABLY SHOULD BE A
PRESUMPTION, A REBUTTABLE
PRESUMPTION, BUT A PRESUMPTION
HERE FOR THE SPONSOR, IN TRYING
TO BE FAIR, HAS SAID, LOOK,
WE'RE NOT EVEN ASKING FOR THE
PRESUMPTION IN MÁS THERE'S PROOF
THAT THERE WAS NONCOMPLIANCE
SCIENCE WITH THE HEAT ILLNESS
STANDARDS IN THE FIRST PLACE,
WHICH IN TERMS OF DISAPPOINTING,
BUT HAVING GROWN UP AS BOTH A
FARM WORKER AND AN EMPLOYER OF
FARM WORKERS IN MY OWN LONG
STANDING FAMILY BUSINESS, WHICH
STILL EXISTS, BY THE WAY,
AGRICULTURE, I ALMOST WONDER WHY
THE OPPOSITION ISN'T SAYING,
LET'S HURRY UP AND TAKE THIS
BILL BEFORE SOMEBODY COMES ALONG
AND JUST ASKS FOR A STRAIGHT UP
PRESUMPTION. I MEAN, THIS BILL
IS ACTUALLY REQUIRING AN EXTRA
STEP BEYOND WHAT WE HAVE IN A
WORKER'S COMP CLAIM, AN EXTRA
HURDLE FOR THE EMPLOYEE. BUT I
THINK THE SPONSORS HAVE I CAN
SPEAK ON BEHALF OF MY OWN
SPONSOR IN A SPIRIT OF FAIRNESS,
YOU KNOW, CAME FORWARD AND SAID,
LOOK, WE'RE NOT ASKING FOR THIS
IN CASES WHERE THERE'S
COMPLIANCE, IF THERE'S
COMPLIANCE, THAT'S ALL WE'RE
LOOKING FOR. AND IF THERE ISN'T,
IT'S UP TO OUR, IT'S UP TO THE
WORKER TO PROVE THAT THERE
WASN'T. THAT'S A PRETTY HIGH
HURDLE WITH THAT. I APPRECIATE
AGAIN THE COMMENTS AND THE
CONSIDERATION, AND I WOULD
RESPECTFULLY ASK FOR YOUR AYE
VOTE. THANK YOU. AND WE HAVE A
MOTION FROM SENATOR BARRASSO.
ASSISTANT, WILL YOU PLEASE CALL
THE ROLL? ON FILE ITEM EIGHT,
THE MOTION IS Dð PASS TO THE
COMMITTEE ON JUDICIARY.
SMALLWOOD. CUEVAS. Ã SMALLWOOD.
CUEVAS. I WILK CORTEZ I CORTEZ.
I RAZO. DURAZO I. LAIRD I. LAIRD
I. OKAY. WE HAVE A VOTE OF 4 TO
0. THIS BILL IS ON CALL. THANK
YOU, SENATOR CORTEZ. NEXT IS
SENATOR WIENER Þ. OKAY.
ON THIS I WILL GO BACK UP TO THE
TOP OF THE. OKAY. WE ARE GOING
TO GO BACK TO THE TOP OF THE
AGENDA WITH FILE ITEM NUMBER
TWO. AND THAT'S SENATOR SCOTT
WIENER SB 988. SENATOR WIENER,
PLEASE PROCEED. THANK YOU VERY
MUCH, MADAM CHAIR. THANK YOU FOR
HEARING THIS BILL TODAY, I'M
PRESENTING SENATE BILL 988, THE
FREELANCE WORKER PROTECTION ACT,
WHICH WILL PROVIDE BASIC
PROTECTIONS FOR FREELANCE
WORKERS IN CALIFORNIA,
CURRENTLY, FREELANCERS LACK EVEN
THE MOST BASIC OF PROTECTIONS,
AS, MOST NOTABLY, THE RIGHT TO
BE PAID FOR THEIR WORK ON TIME,
ACCORDING TO THE FREELANCERS
UNION, 71% OF FREELANCE WORKERS,
HAVE EXPERIENCED LATE OR
NONPAYMENT. 59% REPORT LIVING
PAYCHECK TO PAYCHECK, AND ONLY
25% REPORT THAT THEY
CONSISTENTLY HAVE WRITTEN
CONTRACTS FOR THEIR WORK IN
2023, BOTH NEW YORK AND ILLINOIS
ENACTED VERSIONS OF THIS
LEGISLATION, AND CALIFORNIA
SHOULD FOLLOW SUIT, SO SB 988
WILL REQUIRE FOR COVERED
CONTRACTS OF $250 OR MORE OVER
AT LEAST A FOUR MONTH PERIOD
WILL REQUIRE WRITTEN CONTRACT,
WILL REQUIRE THAT UNLESS THE
CONTRACT SPECIFIES A DIFFERENT
TIMETABLE THAT THE PAYMENT HAS
TO OCCUR WITHIN 30 DAYS OF
SERVICE BEING PROVIDED, WILL,
CONTAIN SOME ANTI-RETALIATION
MEASURES AND DAMAGES PROTECTIONS
SO THAT IF VIOLATIONS OCCUR,
THERE WILL BE A REMEDY. THE
STATE LABOR COMMISSIONER AND
ATTORNEY GENERAL ARE BOTH GIVEN
AUTHORITY. AND OF COURSE, THE
CONTRACTS CAN BE ENFORCED IN
COURT. SO I RESPECTFULLY ASK FOR
YOUR AYE. VOTE WITH ME TODAY TO
TESTIFY. IS GABBY CONTI, WHO IS
A MEMBER OF THE NATIONAL WRITERS
UNION AND SHANE GUZMAN, ON
BEHALF OF THE TEAMSTERS. THANK
YOU. HI. MY NAME IS GABBY CONTI.
I LIVE IN LOS ANGELES,
CALIFORNIA, WHERE I'VE BEEN A
FREELANCE CONTRIBUTING WRITER
FOR VARIOUS WEBSITES SINCE 2013.
I'VE EXPERIENCED FIRSTHAND MANY
INJUSTICES THAT COULD HAVE BEEN
PREVENTED WITH THIS BILL. THE
FIRST TIME I WAS PUBLISHED, I
WAS NOT PAID FOR MY WORK, WHICH
I HAD TO ACCEPT BECAUSE AT THE
TIME I WAS TOLD THIS WAS
STANDARD AND THE ONLY WAY TO GET
PUBLISHED. I WROTE FOR THAT
WEBSITE FOR FREE FOR MONTHS
BEFORE THEY FINALLY STARTED
PAYING ME $25 AN ARTICLE. NOW
I'M A PUBLISHED AUTHOR OF A BEST
SELLING BOOK. I'M THE WRITER OF
A NUMBER ONE, FICTION PODCAST ON
APPLE, AND I STILL AM FACED WITH
THESE INJUSTICES. RECENTLY, I
WAS FORCED TO TAKE A KILL FEE
FOR MY WORK, WHICH IS ANOTHER
WAY FREELANCERS GET SCREWED
OVER. A KILL FEE IS USUALLY 25%
OF THE RATE, AND OFTEN COMES
WITH MULTIPLE DRAFTS. THE TWO
TIMES THIS HAS HAPPENED TO ME IN
MY CAREER, IT WAS VERY CLEAR
THAT MY FULL TIME EDITOR WAS
INEXPERIENCED, WHICH LED TO ME
NOT GETTING PAID FOR WHAT I
DESERVE FOR MY TIME AND MY EXTRA
WORK. CURRENTLY I AM ONE OF 25
FREELANCE WRITERS WHO HAVEN'T
BEEN PAID SINCE JULY FOR OUR
WORK, WHICH IS CURRENTLY RUNNING
ON A WEBSITE. WE ALL HAVE
CONTRACTS FROM THIS EMPLOYER
THAT STATE WE WILL GET PAID FOR
OUR WORK WITHIN 30 DAYS OF
SUBMITTING OUR INVOICES. I
PERSONALLY AM OWED OVER $5,000.
WE KEEP ON GETTING PROMISED.
WE'LL GET PAID SOON AND FUNDING
IS COMING IN. BUT AFTER MONTHS
OF NO PAYMENT, I AND OTHERS ARE
NOW WORKING WITH THE NATIONAL
WRITERS UNION. SINCE WE TOLD THE
WEBSITE THAT THE NWU WOULD BE
HANDLING OUR CASE THIS
PUBLICATION IS NOW CLAIMING THEY
LOST FUNDING BECAUSE WE ARE
SPEAKING UP WHEN ALL WE ARE
DOING IS SIMPLY ASKING TO
COLLECT PAYMENT FOR OUR OVERDUE
INVOICES FOR THE PUBLISHED WORK
THAT WE DID. THE INJUSTICES I
FACE AS A FREELANCE WRITER ARE
JUST A SNAPSHOT OF THIS
INDUSTRY. WE ARE UNDERPAID,
SOMETIMES NOT PAID AT ALL, AND
WE ARE CONSTANTLY GETTING TAKEN
ADVANTAGE OF. WE NEED THIS BILL
TO PROTECT US. FREELANCE ISN'T
FREE. THANK YOU. GOOD MORNING,
SHANE GUSMAN ON BEHALF OF THE
CALIFORNIA TEAMSTERS PUBLIC
AFFAIRS COUNCIL, WE ARE THE
CO-SPONSOR OF THIS BILL. THE
NATIONAL WRITERS UNION IS
AFFILIATED WITH THE TEAMSTERS AT
THE NATIONAL LEVEL. AND, THIS
YEAR WAS THE FIRST TIME I HAD
HEARD ABOUT THE SIGNIFICANT
PROBLEMS THAT, FREELANCERS FACE,
PARTICULARLY IN THE SPACE OF
WRITING AND PHOTOJOURNALISM, BUT
THERE ARE OTHER AREAS AS WELL.
AND, THAT PROMPTED OUR UNION TO,
TO CO-SPONSOR THIS BILL AND IT
SIMPLY MIRRORS, AS THE SENATOR
SAID, TWO OTHER LAWS THAT WERE
PASSED IN NEW YORK AND ILLINOIS,
THOSE HAVE WORKED GREAT IN TERMS
OF NOT JUST SORT OF GOVERNMENT
ENFORCEMENT, BUT ONCE THE LAWS
WERE ON THE BOOKS, HIRING
ENTITIES, WHETHER THEY WERE
PUBLISHERS OR WEBSITES, KIND OF
GOT THE MESSAGE THAT THEY NEEDED
TO PAY THE PEOPLE THAT WORK FOR
THEM, AND THERE IS ONE OTHER
PLACE THAT THIS LAW EXISTS,
WHICH IS IN LOS ANGELES. IT WAS
AN ORDINANCE RECENTLY PASSED IN
LOS ANGELES, AND WE FEEL IT'S
TIME FOR THE REST OF THE
CALIFORNIANS TO GET THIS
PROTECTION. THANK YOU. ARE THERE
ANY MORE WITNESSES SPEAKING IN
SUPPORT OF THE BILL TODAY?
PLEASE STEP FORWARD. STATE YOUR
NAME, AFFILIATION, AND POSITION.
OKAY. ARE THERE SEEING NONE? ARE
THERE ANY WITNESSES SPEAKING OR
TESTIFYING IN OPPOSITION TO THE
BILL TODAY, GOOD MORNING, ASHLEY
HOFFMAN, ON BEHALF OF THE
CALIFORNIA CHAMBER OF COMMERCE,
I WANT TO THANK THE AUTHOR FOR
THE AMENDMENTS TAKEN TO DATE,
AND I AGREE. I THINK THIS IS A
GOOD POLICY, MY ONLY CONCERN IS
JUST ONE PROVISION OF THE
ENFORCEMENT SECTION, IT SAYS
THAT THERE'S IF THERE'S ANY
VIOLATION OF THE LAW, THERE
WOULD BE AN AUTOMATIC AWARD OF
DAMAGES THAT ARE EQUAL TO THE
AMOUNT OF THE CONTRACT OR THE
WORK PERFORMED. OUR CONCERN
WOULD THEN BE THAT IF THERE WAS
REALLY NO HARM, THE WORKER WAS
PAID ON TIME, OR IF THERE WAS
JUST A SLIGHT VÌ LIKE DEVIATION
FROM THE LAW IN THE WRITTEN
CONTRACT, THAT WOULD
AUTOMATICALLY ENTITLE A
PLAINTIFF TO AN AMOUNT OF
DAMAGES WORTH OF, EQUAL TO THE
WORTH OF THE CONTRACT. SO WE'VE
SENT OVER AN AMENDMENT TO THE
AUTHOR'S OFFICE SIMPLY
REQUESTING THAT THE COURT COULD
HAVE DISCRETION OVER THE AMOUNT
OF THE PENALTY, AND SO LOOK
FORWARD TO CONTINUED
DISCUSSIONS. THANK YOU. THANK
YOU. ANYONE ELSE HERE TO TESTIFY
IN OPPOSITION TO THE BILL? THANK
YOU. CHAIR AND MEMBERS AND LÀ
AUGUSTINE, ON BEHALF OF THE
FAMILY BUSINESS ASSOCIATION OF
CALIFORNIA. JUST ECHOING CAL
CHAMBERS COMMENTS, THANK YOU,
THANK YOU. OKAY SEEING NO
FURTHER WITNESSES, WE WILL BRING
IT TO THE MEMBERS. OKAY. THANK
YOU. WE HAVE A MOTION TO MOVE
THE BILL, YES. SENATOR, WOULD
YOU LIKE TO CLOSE RESPECTFULLY
ASK FOR AN AYE VOTE. WONDERFUL,
ASSISTANT, MAY WE CALL THE ROLL
ON FILE ITEM TWO, SB 988. THE
MOTION IS DUE PASSED THE
COMMITTEE ON THE JUDICIARY.
SMALLWOOD. CUEVAS. Ã SMALLWOOD.
CUEVAS. AYE. WILK CORTEZ.
CORTEZ. AYE RAZO. DURAZO. AYE.
LAIRD LAIRD. AYE. THIS BILL IS
ON CALL WITH A VOTE OF 4 TO 0.
THANK YOU VERY MUCH. ALL RIGHT.
WE ARE STILL GOING IN FILE
ORDERS. SO WE HAVE NEXT SENATOR
DURAZO AND SHE IS PRESENTING SB
1346, FILE ITEM NINE.
READY? READY. OKAY THANK YOU,
MADAM CHAIR. AND MEMBERS OF THE
COMMITTEE, SB 1346 IS A NARROWLY
TAILORED BILL THAT CLOSES A VERY
PROBLEMATIC GAP IN TEMPORARY
DISABILITY COVERAGE FOR AN
INJURED WORKER WHO EXPERIENCES
DELAYS IN TREATMENT THROUGH NO
FAULT OF THEIR OWN EXISTING LAW
LIMITS AN EMPLOYEE WITH A SINGLE
INJURY CAUSING TEMPORARY
DISABILITY TO NOT RECEIVING
DISABILITY PAYMENTS FOR MORE
THAN 104 COMPENSABLE WEEKS
WITHIN A PERIOD OF FIVE YEARS
FROM THE DATE OF INJURY. IT
REQUIRES AN EMPLOYER TO PROVIDE
ALL MEDICAL TREATMENT NECESSARY
TO CURE OR RELIEVE AN EMPLOYEE
FROM A WORK RELATED INJURY. IN
RETURN, THE EMPLOYEE CANNOT SUE
THEIR EMPLOYER. UNFORTUNATELY,
IN A SMALL PERCENTAGE OF CASES,
THIS ALLOWS TEMPORARY DISABILITY
BENEFITS TO END SIMPLY BECAUSE
NECESSARY TREATMENT WAS
ERRONEOUSLY OR UNREASONABLY
DENIED, AND THE DENIAL DELAYED
THE INJURED WORKERS. RECOVERY
AND RETURN TO WORK. TO ADDRESS
THIS, SB 1346 PROVIDES THAT WHEN
A DENIAL OF MEDICAL TREATMENT
MADE AFTER A UTILIZATION REVIEW
IS OVERTURNED BY INDEPENDENT
MEDICAL REVIEW ON MEDICAL
NECESSITY GROUNDS OR BY THE
WORKER'S COMPENSATION APPEALS
BOARD, THEN TEMPORARY DISABILITY
PAYMENTS BETWEEN THAT DENIAL AND
THE REVERSAL ARE NOT TO BE
INCLUDED WITHIN THE 104 WEEK
COVERAGE TIME LIMIT, WITH ME TO
TESTIFY, IN SUPPORT OF THIS BILL
IS JASON MARCUS, LEGISLATIVE
CHAIR FOR THE CALIFORNIA
ATTORNEY APPLICANT ATTORNEYS
ASSOCIATION. MADAM CHAIR,
SENATORS. SENATOR DURAZZO, THANK
YOU AGAIN. JASON MARCUS. WITH
THE APPLICANT'S ATTORNEYS
ASSOCIATION, TWO THINGS ABOUT
THIS BILL I'D LIKE TO POINT OUT,
FIRST, YOU MAY NOTE THAT THE
SIMILAR VERSION OF THIS BILL,
WAS PUT THROUGH THE LEGISLATURE
AND VETOED BY GOVERNOR NEWSOM
LAST YEAR, WITH THE AUTHOR'S
HELP. THERE HAVE BEEN SOME
TWEAKS. SPECIFIC IN THE LAST
YEAR'S VERSION OF THE BILL, IF
THE WORKER'S TREATMENT THAT WAS
DENIED AND THEN OVERTURNED BY
THE INDEPENDENT MEDICAL REVIEW
PROCESS, THE WORKER
AUTOMATICALLY WAS GRANTED THAT
PERIOD OF TEMPORARY DISABILITY
OUTSIDE OF THE NORMAL TWO YEAR
CAP FOR THAT TIME BETWEEN THE
INITIAL DENIAL AND THE OVERTURN
ON THEIR APPEAL AND THIS YEAR'S
BILL, WE VESTED THAT POWER WITH
THE WORKER'S COMPENSATION
APPEALS BOARD THAT IS OUR COURT
SYSTEM THAT DEALS WITH WORKER'S
COMPENSATION CLAIMS AND
DISPUTES, SO THAT ONLY WHEN A
JUDGE DECIDES THAT THERE'S A
BASIS TO AWARD TEMPORARY
DISABILITY OUTSIDE OF THE TWO
YEAR CAP, WILL THE WORKER GET
THAT CAP? WE THINK THAT
ADDRESSES THE CONCERNS RAISED BY
BOTH THE OPPOSITION AND BY
GOVERNOR NEWSOM AND HIS VETO
MESSAGE ABOUT POTENTIAL
FRICTIONAL COSTS WITH THIS BILL.
SECONDLY, I'D LIKE TO ADDRESS AN
ISSUE RAISED BY THE OPPOSITION
WHERE THEY STATE THAT
INDEPENDENT MEDICAL REVIEW IS
OVER UTILIZED, OR THEY'VE TOLD
ME THAT THERE IS WHAT THEY CALL
UNNECESSARY INDEPENDENT MEDICAL
REVIEW. YOU'VE HEARD A LOT OF
DISCUSSION TODAY IN ALL THESE
BILLS ABOUT WORKER'S
COMPENSATION, HOW IT'S A NO
FAULT SYSTEM. IT'S ALSO A
COMPULSORY SYSTEM, MEANING WHEN
A WORKER GETS HURT ON THE JOB,
THEIR ONLY REMEDY IS TO FILE A
CLAIM AND SEEK BENEFITS THROUGH
THE WORKER'S COMPENSATION
PROCESS, WHETHER THEY WANT TO OR
NOT, WHICH MEANS THAT WORKER IS
SUBJECT TO ALL OF THE RULES AND
REGULATIONS THAT CURRENTLY EXIST
IN THE WORKER'S COMPENSATION
PROCESS. SO WHEN A WORKER GOES
TO THEIR DOCTOR AND THEIR DOCTOR
RECOMMENDS TREATMENT, AND THAT
TREATMENT IS DENIED THROUGH THE
UTILIZATION REVIEW PROCESS IN
EXISTING LAW, THE ONLY REMEDY
THE WORKER HAS TO CHALLENGE THAT
DENIAL OF TREATMENT IS THROUGH
THE INDEPENDENT MEDICAL REVIEW
PROCESS. SO FRANKLY, I TAKE A
BIT OF OFFENSE AT THE OPPOSITION
SAYING THAT THAT PROCESS IS
OVERUSED WHEN THE ONLY REMEDY A
WORKER HAS WHEN THEIR TREATMENT
IS DENIED IS TO SEEK AN APPEAL
THROUGH INDEPENDENT MEDICAL
REVIEW. AND IF THE WORKER
DOESN'T APPEAL THAT DENIAL
THROUGH THE INDEPENDENT MEDICAL
REVIEW PROCESS, THAT DENIAL IS
GOOD FOR 12 MONTHS, MEANING
NEITHER THE WORKER NOR THEIR
DOCTOR CAN SEEK REQUEST
AUTHORIZATION FOR THAT TREATMENT
AGAIN WITHIN THE FOLLOWING YEAR.
SO WHAT'S A WORKER TO DO WHEN
THEIR TREATMENT IS DENIED? WELL
THEY FILE AN APPEAL BECAUSE
THAT'S THE ONLY REMEDY THEY
HAVE. SO AGAIN, I THANK THE
AUTHOR FOR HER WORK. I THANK THE
COMMITTEE FOR ALLOWING US TO BE
HERE TODAY, AND I RESPECTFULLY
ASK FOR AN AYE VOTE. THANK YOU,
THANK YOU. ARE THERE ANY MORE
WITNESSES SPEAKING IN SUPPORT OF
THIS BILL? PLEASE STEP TO THE
PODIUM. STATE YOUR NAME,
AFFILIATION AND POSITION. SORRY.
SHANE GUZMAN, ON BEHALF OF THE
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND THE TEAMSTERS IN
SUPPORT. THANK YOU. ANYONE ELSE?
OKAY, WE'LL MOVE TO OPPOSITION.
ANYONE TESTIFYING IN OPPOSITION
OF THE BILL, PLEASE STEP
FORWARD. THANK YOU. CHAIR AND
MEMBERS. FAITH BORJES, ON BEHALF
OF THE CALIFORNIA ASSOCIATION OF
JOINT POWERS AUTHORITIES HERE,
IN RESPECTFUL OPPOSITION TO SB
1346, IN COMPLIANCE WITH THE
CALIFORNIA LABOR CODE, ALL
EMPLOYERS OR THEIR CLAIMS
ADMINISTRATORS ARE REQUIRED TO
HAVE UTILIZATION REVIEW PROGRAMS
AND INJURED WORKER, THEIR
PHYSICIAN, OR THEIR ATTORNEY CAN
TRIGGER INDEPENDENT MEDICAL
REVIEW TO APPEAL YOUR DECISIONS.
IN 2019, THE CALIFORNIA WORKERS
COMPENSATION INSTITUTE PUBLISHED
A REPORT USING THE TOP LAW FIRMS
IDENTIFIED IN YOUR DATA, WHICH
SHOWED THAT SOME ATTORNEYS
SUBMITTED NEARLY ALL OF THEIR
CLIENT'S TREATMENT DENIALS OR
MODIFICATIONS TO EMR. OTHERS
SENT NONE. OUR CONCERN WITH THIS
BILL IS THE INCENTIVE IT CREATES
TO SEND ALL YOUR DENIALS TO EMR
IN THE VERY SLIM CHANCE THAT THE
INJURED WORKER MAY BE AWARDED
ADDITIONAL DISABILITY PAYMENTS.
THIS EXTENDS THE CLAIMS
RESOLUTION PROCESS BY WEEKS OR
MONTHS, WHICH IS A SHARED POINT
OF FRUSTRATION FOR INJURED
WORKERS AND EMPLOYERS. ACCORDING
TO A KUCI ANALYSIS OF A NEARLY
IDENTICAL BILL THAT WAS VETOED
LAST YEAR, AN EXAMINATION OF
THREE YEARS OF CLAIMS DATA, LESS
THAN 1% OF CLAIMS WOULD BE
ELIGIBLE TO RECEIVE THE
INCREASED PAYMENTS PROPOSED IN
THE BILL. YET ALL CLAIMS
ADMINISTRATORS WOULD INCUR
SIGNIFICANT COSTS OF INCREASED
LITIGATION BEFORE THE WCB AND
DEVELOPING AND MAINTAINING
AUTOMATION AND PROGRAM SYSTEMS,
WHICH ARE COSTS THAT ADD
FRICTION TO THE SYSTEM. THEY ARE
DIFFICULT TO CALCULATE FOR EMR
DETERMINATIONS AND SUBSEQUENT
TREATMENT AUTHORIZATIONS TO
CALCULATE AND ADMINISTER
ADDITIONAL PAYMENTS. THERE'S A
DECADE OF DATA DEMONSTRATING
THAT A VERY SMALL NUMBER OF
PHYSICIANS CONTINUE TO PROGRESS.
EXCUSE ME TO PRESCRIBE TREATMENT
THAT IS OUTSIDE OF THE
ESTABLISHED MEDICAL GUIDELINES
THAT DRIVE DISPUTED TREATMENT.
89 DOCTORS ACCOUNT FOR 40% OF
DISPUTES. THIS BILL WOULD
REINFORCE BAD MODELS USED BY A
SMALL NUMBER OF PHYSICIANS AND
ATTORNEYS THAT CAUSE THE OVERUSE
OF EMR, DESPITE YOU.R BEING
UPHELD OVER 90% OF THE TIME,
WHICH NEEDLESSLY DELAYS CLAIMS
RESOLUTION FOR INJURED WORKERS.
FROM A CLAIMS HANDLING
PERSPECTIVE, THIS BILL CREATES
ONE MORE LOOSE THREAD THAT MAKES
THE CLAIMS PROCESS MORE
COMPLICATED, LENGTHY AND FODDER
FOR LITIGATION. THIS PROPOSAL
SHOULD BE REVIEWED AS PART OF A
LARGER SYSTEM REFORM EFFORT, NOT
AS A PIECEMEAL CHANGE. UNTIL
THEN, WE'RE OPPOSED TO SB 1356,
AND I'VE BEEN ASKED TO REGISTER
OPPOSITION FOR MY COLLEAGUES AT
CSAC. GOOD MORNING, ASHLEY
HOFFMAN, ON BEHALF OF THE
CALIFORNIA CHAMBER OF COMMERCE,
I WANT TO ECHO THE COMMENTS
STATED BY MY COLLEAGUE AND I
THINK REALLY EMPHASIZE THE CWC
STUDY ON THE SIMILAR BILL LAST
YEAR, THAT THIS WOULD IMPACT AN
ESTIMATED ONLY 0.3% OF ALL
CLAIMS, BUT SHOULD BE VIEWED IN
THE LARGER LENS OF THE WORKERS
COMPENSATION SYSTEM AND THE
UNINTENDED CONSEQUENCES THAT IT
WOULD HAVE ON THAT SYSTEM AS
WELL. WHEN WE'RE TALKING ABOUT
THE RIGHT TO APPEAL, YES, IT IS
TRUE THAT IF A ER IS DENIED, EMR
IS THE MECHANISM TO APPEAL THAT
DECISION. HOWEVER, OUR LARGE
CONCERN COMES FROM THE
STATEMENTS THAT MY COLLEAGUE
MADE ABOUT THE SMALL NUMBER OF
PEOPLE THAT ARE RESPONSIBLE FOR
SUCH A GIGANTIC, PORTION OF
THOSE DECISIONS AND THE FACT
THAT EMR ACTUALLY FAILS AT A
RATE OF OVER ALMOST 93, WHICH IS
VERY SIGNIFICANT. SO FOR THE
REASONS STATED BY MY COLLEAGUE,
IN THOSE REASONS, WE ARE
RESPECTFULLY OPPOSED. THANK YOU.
THANK YOU. ANYONE HERE IN THE
ROOM, SPEAKING IN OPPOSITION OF
THIS BILL, PLEASE STEP FORWARD.
STATE YOUR NAME, AFFILIATION.
GOOD MORNING, CHAIR LAURA
CURTIS, ON BEHALF OF THE
AMERICAN PROPERTY CASUALTY
INSURANCE ASSOCIATION AND
RESPECTFUL OPPOSITION. THANK YOU
. GOOD MORNING, JOHNNY PINA WITH
THE LEAGUE OF CALIFORNIA CITIES
AND RESPECTFUL OPPOSITION. THANK
YOU. OKAY. I THINK THAT'S IT FOR
TESTIMONY. I'LL TURN IT OVER TO
MEMBERS. COMMENTS. QUESTIONS.
MR. BILL, THANK YOU, SENATOR
CORTESE. AND SENATOR RUSSO, YOU
MAY CLOSE. THANK YOU. ON BEHALF
OF THAT SMALL NUMBER OF WORKERS
WHO REALLY NEED AND DESERVE THE
BENEFITS THAT THEY COUNT ON FOR
THEIR SURVIVAL, I RESPECTFULLY
ASK FOR YOUR VOTE. THANK YOU. WE
HAVE A MOTION FROM SENATOR
CORTESE, ASSISTANT. DO YOU WANT
TO CALL THE ROLL? THE MOTION IS
DUE PASSED TO THE COMMITTEE ON
APPROPRIATIONS. THIS IS FOR FILE
ITEM NINE, SB 1346. SMALL CUEVAS
I, SMALLWOOD. CUEVAS I WILK
CORTEZ. CORTEZ I. DURAZZO I.
DURAZZO I. LAIRD I. LAIRD I WAS
ON CALL. THIS BILL IS ON CALL
WITH A VOTE OF 4 TO 0. THANK
YOU, SENATOR RUSSELL. THANK YOU,
MADAM CHAIR. AND MEMBERS.
ALL RIGHT. WE WILL. NEXT. AND I
BELIEVE. LAST BUT NOT LEAST,
CALL UP OUR CHAIR, SENATOR
SMALLWOOD CUEVAS, TO PRESENT
FILE ITEM TEN, SB 1030. THANK
YOU, MR. CHAIR. GOOD AFTERNOON.
OR IS IT AFTERNOON? IS IT
MORNING? MORNING. IT'S STILL
MORNING, BUT DON'T TAKE US TO
LEFT. WELL GOOD MORNING
COLLEAGUES, I AM HERE TO PRESENT
SB 1030, WHICH WOULD WRITE THE
SUCCESSFUL CALIFORNIA WORKPLACE
OUTREACH PROGRAM INTO LAW. THIS
WOULD ENSURE THAT WORKERS
RECEIVE CRUCIAL WORKPLACE RIGHTS
INFORMATION FROM TRUSTED
ORGANIZATIONS AND DOZENS, DOZENS
OF LANGUAGES IN REGIONS ACROSS
OUR STATE. THE SWAP PROGRAM
FIRST LAUNCHED DURING THE
PANDEMIC TO EDUCATE WORKERS ON
PAID LEAVE, COVID MITIGATION,
HEALTH STANDARDS AND ANTI
RETALIATION PROTECTIONS. THE
LABOR AND WORKFORCE DEVELOPMENT
AGENCY, LDA, PARTNERED WITH 62
COMMUNITY BASED ORGANIZATIONS
WHO HELPED SERVE AS TRUSTED
MESSENGERS TO CALIFORNIA'S
HIGHEST RISK WORKERS IN THE
REGION. S AND INDUSTRIES THAT
WERE MOST IMPACTED BY COVID 19.
THE SWAP PROGRAM WAS WILDLY
SUCCESSFUL, ENABLING LABOR
AGENCIES TO RAPIDLY DISSEMINATE
CRUCIAL WORKPLACE INFORMATION IN
38 COUNTIES AND FOR 96% OF THE
STATE'S POPULATION. HOWEVER THE
NEED FOR EFFECTIVE WORKER
OUTREACH IS NOT CONFINED TO THE
PANDEMIC RELATED ISSUES. IN
THIS, WE KNOW WE HAVE CHANGING
WORKPLACES, WE HAVE CHANGING
CONDITIONS, WE HAVE WORKERS,
PARTICULARLY THOSE WHO ARE IN
MOST VULNERABLE SECTORS, WHO
MUST RELY ON TRUSTED MESSENGERS
TO GIVE VITAL INFORMATION TO
PROTECT THEMSELVES IN THE
WORKPLACE AND DATA SHOWS THAT
EACH YEAR, CALIFORNIA WORKERS
ARE ROBBED OF NEARLY $2 BILLION
THROUGH MINIMUM WAGE VIOLATIONS
ALONE, SIMPLY BECAUSE THEY DON'T
HAVE THE INFORMATION NEEDED TO
PROTECT THEMSELVES. WE MUST
MAINTAIN AND GROW OUR WORKER
OUTREACH MODEL HERE IN
CALIFORNIA. THIS EXPANSION
REFLECTS THE RECOGNITION THAT
THE MOST EFFECTIVE WAY FOR
WORKERS TO LEARN THEIR RIGHTS ON
THE JOB IS THROUGH MEANINGFUL
CONVERSATIONS WITH PEOPLE THEY
TRUST, IN, A LANGUAGE THEY TRUST
IN THEIR OWN NEIGHBORHOODS, IN
THE TIMES THAT ARE CONVENIENT
FOR THEM. AND BEING IN COMMUNITY
WITH OTHER WORKERS AND LEADERS
WHO ALSO POSSESS FIRSTHAND
KNOWLEDGE ON UNIQUE CHALLENGES
THAT THEY FACE. SO THAT WE BUILD
A COMMUNITY OF SUPPORT AND
PROTECTION. SB 1030 WILL RIGHT
THE CALIFORNIA WORKER OUTREACH
PROGRAM INTO LABOR CODE ON AN
ONGOING COMPONENT. AS AN ONGOING
COMPONENT OF OUR COMMITMENT THAT
EVERY WORKING CALIFORNIA SHOULD
KNOW AND BE ABLE TO ASSERT THEIR
RIGHTS AT WORK. THAT IS WHY WE
DO WHAT WE DO TO PASS LAWS TO
PROTECT WORKERS, BECAUSE WE WANT
THEM TO ACCESS THOSE LAWS AND TO
HAVE PROTECTIONS THAT HELP MAKE
SURE WE HAVE A LEVEL PLAYING
FIELD FOR ALL OF OUR BUSINESS
COMMUNITIES. SO HERE WITH ME TO
TESTIFY IN SUPPORT IS MICAH YANG
OF THE UC MERCED COMMUNITY LABOR
CENTER AND GISELDA ARIAS BERSATU
OF THE MIXTECA IN INDIA. WHY DO
I SAY THAT? INDIGENA COMMUNITY
ORGANIZING PROJECT MAIKOP.
THAT'S HOW I KNOW IT. MY COP.
PLEASE STEP FORWARD. YOU MAY
PROCEED. THANK YOU. MY NAME IS
MICAH YANG, AND I REPRESENT THE
UC MERCED COMMUNITY AND LABOR
CENTER. AS PART OF OUR MISSION,
WE CONDUCT RESEARCH AND
EDUCATION ON ISSUES OF
COMMUNITY, LABOR, AND THE
ENVIRONMENT. WE CURRENTLY
ADMINISTER THE CALIFORNIA
WORKPLACE OUTREACH PROGRAM, ALSO
KNOWN AS SWAP, IN COLLABORATION
WITH THREE OTHER UC CAMPUSES,
SINCE 2021, WE HAVE SERVED AS
THE REGIONAL LEAD FOR SWAP IN
THE EIGHT COUNTY SAN JOAQUIN
VALLEY REGION AND A REGION
THAT'S CONSISTENTLY RANKED LAST
OR NEXT TO LAST IN EVERY MAJOR
INDICATOR OF WELL-BEING THROUGH
SWAP, OUR PARTNERSHIP WITH 14
ORGANIZATIONS AND ONE OF THEM
ARE HERE, HAVE REACHED OVER
480,000 WORKERS VIA INTERACTIVE
OUTREACH AND 2 MILLION TOUCH
POINTS IN 12 LANGUAGES, AND SEE
WHAT PLAYS A REALLY CRITICAL
ROLE IN BUILDING AND
STRENGTHENING AN ECOSYSTEM OF
SUPPORT AND RESOURCES THAT
ADVANCES THE MISSION OF STATE
LABOR AGENCIES LIKE WBA AND DIR.
AND IN RESPONSE TO COVID 19
OUTBREAKS AT THE MEATPACKING
FACILITIES IN OUR REGION THAT
AFFECTED HUNDREDS OF WORKERS AND
LED TO SEVERAL WORKER DEATHS, AN
ORGANIZATION QUICKLY MOBILIZED
THE COMMUNITY AND MET WITH CAL
OSHA AND LABOR UNIONS TO ADDRESS
THIS CRISIS AND THEIR EFFORTS.
NOT ONLY GARNERED MEDIA
ATTENTION, BUT ALSO EXPOSED AND
CONCERNING PRACTICE OF EMPLOYERS
RECEIVING ADVANCED NOTICE BEFORE
INSPECTIONS. THIS PROMPTED CAL
OSHA TO PRESSURE THE COMPANY TO
COMPLY WITH WORKER HEALTH AND
SAFETY LAWS, AND THIS IS A CLEAR
EXAMPLE OF THE IMPORTANT ROLE
COMMUNITY BASED ORGANIZATIONS
WHO ARE TRUSTED MESSENGERS IN
OUR COMMUNITY PLAY NOT ONLY
LIKE, YOU KNOW, CONNECTING WITH
WORKERS, BUT ALSO THEY ALSO MAKE
A TREMENDOUS IMPACT ON
COMMUNITIES, BUT THEY ALSO SERVE
AS LIAISONS BETWEEN STATE
AGENCIES, WORKERS, ENSURING THAT
EMPLOYERS PRIORITIZE WORKER
HEALTH AND SAFETY, AND
INDUSTRIES WITH LOWEST WITH THE
LOWEST WAGES AND HIGH PROPORTION
OF IMMIGRANT WORKERS ARE
PARTICULARLY VULNERABLE TO
EXPLOITATION AND ISSUES OF WAGE
THEFT, WORKPLACE ABUSE, AND
UNSAFE CONDITIONS, AND
SUSTAINING AND EXPANDING THE
STATEWIDE REGIONAL SPECIFIC
INFRASTRUCTURE. SEAWALL WILL
SAFEGUARD THESE WORKERS RIGHTS
AND PROTECTIONS. THEREFORE, THE
LEGISLATURE'S INCLUSION OF THE
CALIFORNIA WORKPLACE OUTREACH
PROGRAM IN THE LABOR CODE WILL
ADVANCE COMPLIANCE WITH LABOR
STANDARDS ACROSS THE STATE.
THANK YOU. ALL RIGHT. THANK YOU.
NEXT WITNESS. HOLA. MUY BUENOS
DIAS. MUCHAS GRACIAS POR SU
TIEMPO. ME NOMBRE ES GRISELDA
REYES BAZURTO. SOY GERENTE DEL
PROGRAMA DE KOBE. GERENTE DEL
PROGRAMA DE COR EN EL PROYECTO
MIXTECO INDIGENA. MICRO
ORGANISMS AND PODEMOS EN NUESTRA
COMUNIDAD INDIGENA MIGRANTE EN
LA COSTA CENTRAL. HOY ESTOY AQUI
IN APOYAR A PERDON. HOY ESTOY
AQUI EN APOYAR EN ALCANZAR
EMPODERAR LOS TRABAJADORES
INDIGENAS IN MAYOR RIESGO DE
EXPOSICION CUANDO TRABAJABA COMO
TRABAJADORA AGRICOLA.
EXPERIMENTAL CONDICIONES DE
BASTIDORES NUNCA SE PAGA HORAS
DE OVERTIME HASTA DESPUÉS DE
TRABAJAR, LAS HORAS PRIMERAS
SOLO. ENTONCES EL TIEMPO EXTRA
NO OFRECER UN ESPACIO DE SOMBRA
EN EL LUGAR DE TRABAJO. EL
PROGRAMA DE SEGOB DESEMPENA UN
PAPEL FUNDAMENTAL DENTRO DE
NUESTRA ORGANIZACION COMO UN
RECURSO VITAL DIFUNDIR
INFORMATION RELEVANT PARA LOS
TRABAJADORES AGRICOLAS INDIGENAS
MUCHAS VECES ESTÁ INFORMACIÓN NØ
A SUS IDIOMAS MATERNAL LO QUÊ
RESALTA LA IMPORTANCIA DEL
COMPRÉHENSION DE NUESTRAS
ORGANIZACIONES DE GARANTIZAR A
LOS TRABAJADORES AGRICOLAS IN
RECIBIR INFORMACIÓN EN SUS
PROPIOS IDIOMAS APROVECHO LA
COMPETENCIA LINGUISTIC AND
CULTURAL DE NUESTRA PERSONA
INDIGENA. NOS SOMOS PROBABILIDAD
A LOS TRABAJADORES AGRICOLAS IN
APOYAR LAS NECESIDADES GRACIAS
AL FINANCIAMIENTO DEL SEGOB.
HEMOS PODIDO ENVIAR UN EQUIPO
EXPERTOS POR UN EXPUESTOS POR
TRABAJADORES AGRICOLAS C¯ AHORA
EMPODERAR A OTROS PARA HACER
VALOR SUS DERECHOS LABORALES EN
LOS CAMPOS AGRICOLAS BASANDONOS
IN NUESTROS PROPIOS,
EXPERIENCIAS VIVIDAS Y
RESIDENCIAS INCLUYEN EL ACCESO
IN ADECUADO DE LA SOMBRA AGUA
LIMPIA, CONDICIONES DE TRABAJO,
SEGUROS ARMADOS POR EL COVID IN
NUESTROS TRABAJADORES DE SALUD,
COMUNITARIO ESTÁN IN POSITION
UNICA PARA CHEN LA CONFIANZA Y
EMPODERAR A LOS TRABAJADORES
AGRICOLAS DURANTE EL TIEMPO
VULNERABLES A TRAVÉS DE ESTOS
ESFUERZOS DE ALCANCES PROTOTIPOS
COMO SIGUEN PODEMOS CONTINUAR
MITIGAR NO AMENAZAS EMERGENTES
CON CONDICIONES. FORESTRIES
KALLOORI EXTREME E VIRUS
INCUMBENT IN CONVOLUCION COMO
COVID. LA SOLICITANTES ALTAMENTE
APOYAN ALCIBIADES TREINTA MUCHAS
GRACIAS POR SU TIEMPO. GOOD
AFTERNOON. GOOD MORNING, CHAIR
AND COMMITTEE MEMBERS. MY NAME
IS GRISELDA REYES, BASURTO SWAP
PROGRAM MANAGER WITH THE MÉXICO
INDIGENA COMMUNITY ORGANIZING
PROJECT. MICO SUPPORTS,
ORGANIZES AND EMPOWERS MIGRANT
INDIGENOUS COMMUNITIES ON THE
CENTRAL COAST OF CALIFORNIA. I'M
HERE TODAY IN SUPPORT OF
OUTREACH TO EMPOWER INDIGENOUS
WORKERS AT THE GREATEST RISK OF
EXPLOITATION. WHEN I WORKED AS A
FARM WORKER, I EXPERIENCED
DEVASTATING CONDITIONS,
INCLUDING NEVER RECEIVING
OVERTIME UNTIL AFTER WORKING A
STRAIGHT TEN HOUR SHIFT AND
NEVER HAVING ACCESS TO SHADE.
THE SWAP PROGRAM PLAYS A PIVOTAL
ROLE WITHIN OUR NONPROFIT,
SERVING AS A VITAL RESOURCE FOR
DISSEMINATING PERTINENT
INFORMATION TO INDIGENOUS,
AGRICULTURAL WORKERS. OFTEN,
THIS INFORMATION FAILS TO REACH
THEM IN THEIR NATIVE LANGUAGES,
HIGHLIGHTING THE IMPORTANCE OF
OUR ORGANIZATION'S COMMITMENT TO
ENSURING THAT FARM WORKERS
RECEIVE INFORMATION IN THEIR OWN
LANGUAGES. LEVERAGING THE
LINGUISTIC AND CULTURAL
COMPETENCE OF OUR INDIGENOUS
STAFF, WE STRIVE TO PROVIDE FARM
WORKERS WITH THE SUPPORT THEY
NEED. THANKS TO SWAP FUNDING,
WE'VE BEEN ABLE TO DEPLOY A
WORKFORCE COMPRISING FORMER FARM
WORKERS WHO NOW EMPOWER OTHERS
TO ASSERT THEIR LABOR RIGHTS IN
AGRICULTURE SETTINGS. DRAWING
FROM OUR OWN EXPERIENCES OF
HARDSHIP, INCLUDING INADEQUATE
ACCESS TO SHADE, CLEAN WATER AND
SAFE WORKING CONDITIONS THAT
WERE EXACERBATED BY COVID 19,
OUR PROMOTERS, COMMUNITY HEALTH
WORKERS, ARE UNIQUELY POSITIONED
TO BUILD TRUST AND PROVIDE
SUPPORT TO FARM WORKERS DURING
VULNERABLE TIMES. THROUGH
PROACTIVE OUTREACH EFFORTS TO
SWAP, WE CAN CONTINUE TO
MITIGATE EMERGING THREATS SUCH
AS WILDFIRES, EXTREME HEAT AND
EVOLVING VIRUSES LIKE COVID 19.
I STRONGLY URGE YOUR SUPPORT AND
I VOTE FOR SB 1030. THANK YOU.
THANK YOU. ARE THERE OTHERS WHO
WISH TO EXPRESS A SUPPORT
POSITION? MARIKO YOSHIHARA ON
BEHALF OF UFCW WESTERN STATES
COUNCIL AND SUPPORT RACHEL
DEUTSCH, CALIFORNIA COALITION
FOR WORKER POWER, PROUD SPONSOR
AND SUPPORT SETH BRAMBLE,
SPEAKING ON BEHALF OF THE
CALIFORNIA TEACHERS ASSOCIATION.
WE ARE IN SUPPORT. FAITH LI WITH
ASIAN AMERICANS ADVANCING
JUSTICE, SOUTHERN CALIFORNIA
WE'RE IN SUPPORT. ELMER LAZARD
WITH THE CALIFORNIA LABOR
FEDERATION IN SUPPORT CHLOE
STACK WITH THE CALIFORNIA
IMMIGRANT POLICY CENTER IN
SUPPORT JOHN SHIBAN WITH THE
CALIFORNIA NURSES ASSOCIATION IN
STRONG SUPPORT. THANK YOU. AND
COTTON WITH CALIFORNIA RURAL
LEGAL ASSISTANCE FOUNDATION IN
SUPPORT. GOOD MORNING, YVETTE
VILLARREAL WITH VALLEY VOICES
OUT OF KINGS COUNTY IN SUPPORT.
GOOD MORNING, GEORGE LUNA VALLEY
VOICES IN STRONG SUPPORT HILDA
SOLOMON, SOUTHERN CALIFORNIA
BLACK WORKER HUB IN STRONG
SUPPORT. ANGELA HERNANDEZ,
TRABAJADORA COMUNITARIA CON EL
PROYECTO MÉXICO INDIGENA MICO IN
PUERTO A LA SEVA DÍAS. DANIEL
JEFFERSON, FILIPINO WORKER
CENTER IN STRONG SUPPORT.
YESSICA GUZMAN WITH CENTRO
NACIONAL PARA EL DESARROLLO
INDIGENA AQUINO IN SUPPORT.
DOMENICO LOPEZ WITH THE JAKARA
MOVEMENT IN SUPPORT. MANDEEP
CHAHAL WITH JAKARA MOVEMENT WITH
STRONG SUPPORT. BUENAS TARDES.
MY NAME IS LÀ MENDOZA, ORGANIZER
COMUNITARIA CON ORGANIZATION
PROYECTO MISTICO INDIGENA IN
APOYO. I'M WITH THE INDIGENOUS
MEXICO PROJECT AND I'M IN
SUPPORT ANGELICA CAMPOS WITH THE
RING OF DEMOCRACY, AND I AM IN
SUPPORT JOSE MESQUITA MORALES,
ALSO WITH THE RING OF DEMOCRACY
AND STRONG SUPPORT. ALL RIGHT.
THANK YOU, DO WE HAVE A LEAD
OPPOSITION WITNESS SEEING NONE.
IS THERE ANYONE IN THE COMMITTEE
ROOM WHO WISHES TO SPEAK IN
OPPOSITION TO THE BILL? NAME,
AFFILIATION AND OPPOSITION?
SEEING NONE, WE'LL COME BACK TO
THE COMMITTEE FOR QUESTIONS AND
COMMENTS. THE MOTION BY SENATOR
DURAZO. AND BEFORE WE TAKE UP
THE MOTION, WE'LL GO BACK TO THE
AUTHOR AND GIVE HER AN
OPPORTUNITY TO CLOSE. WELL, I
JUST WANT TO SAY THANK YOU TO
THE WITNESSES AND EVERYONE WHO
CAME AND SPOKE IN SUPPORT OF
THIS BILL, THIS CALIFORNIA
WORKER OUTREACH PROGRAM SAVES
LIVES, IT PROTECTS WORKERS,
AROUND HEALTH AND SAFETY, AROUND
ANTI-RETALIATION ANTI
DISCRIMINATION, WAGE THEFT, ALL
OF THE THINGS THAT WE WANT TO
MAKE SURE THAT EVERY CALIFORNIAN
HAS THE OPPORTUNITY TO WORK AND
TO WORK SAFE AND WITH DIGNITY.
AND WITH THAT, I RESPECTFULLY
ASK FOR YOUR AYE VOTE. GREAT.
THANK YOU. AND WHILST THE
ASSISTANT TO TAKE THE ROLE AT
THIS TIME. ON SB 1030, FILE ITEM
NUMBER TEN, THE MOTION IS Dð
PASSED TO THE COMMITTEE ON
APPROPRIATIONS. SMALLWOOD,
CUEVAS I SMALLWOOD. CUEVAS I
WILK CORTEZ I CORTEZ I DURAZO.
DURAZO I LAIRD I. LAIRD I.
THAT'S FOUR ZERO. THE BILL IS ON
CALL. ALL RIGHT. FOUR ZERO AND
THE BILL IS ON CALL. THANK YOU.
THANK YOU. SENATORS.
OKAY. WE WILL START BY LIFTING
CALL ON CONSENT. THE SYSTEM.
WILL YOU PLEASE CALL THE ROLL ON
THE CONSENT CALENDAR, WHICH
INCLUDES FILE ITEM ONE AND FILE
ITEM FIVE FIVE. THE. WE HAVE A
MOTION ON THE CONSENT CALENDAR.
THE CURRENT VOTE IS THREE ZERO.
SENATOR CORTEZ. SENATOR CORTEZ.
AYE, SENATOR. DURAZZO. SENATOR
DURAZZO. AYE. THE CONSENT
CALENDAR IS OUT. CONSENT
CALENDAR IS OUT. AND NEXT WE
ARE. WE'LL LIFT CALLS ON OUR.
WE'LL LIFT CALL ON CALLS ON OUR
OTHER BILLS, AND WE'LL START
WITH FILE ITEM NUMBER THREE, SB
1049. PADILLA. THIS IS Dð PASS
TO THE COMMITTEE ON HOUSING. ALL
RIGHT. SENATOR WILK. SENATOR
CORTEZ. AYE CORTEZ. AYE. SENATOR
DURAZO. DURAZO. AYE. THIS BILL
IS STILL ON CALL WITH A VOTE OF
4 TO 0. OKAY. WE WILL NOW LIFT
CALL ON SB 1105. THAT IS
PADILLA'S BILL. THAT IS DUE.
PASS THE COMMITTEE ON
APPROPRIATIONS. ASSISTANT,
PLEASE CALL THE ROLL. FOR FILE
ITEM NUMBER FOUR, SENATOR WILK.
AYE. WILK. AYE SENATOR CORTEZ.
AYE. CORTEZ AYE. SENATOR DURAZO.
DURAZO. AYE. WITH A VOTE OF 5 TO
0, THAT BILL IS OUT. NEXT, WE
WILL MOVE TO FILE ITEM NUMBER
SIX. I'M SORRY, FILE OUR ITEM
NUMBER SEVEN, SB 1205. THAT IS
SENATOR LAIRD'S BILL. Dð PASS TO
THE COMMITTEE ON APPROPRIATIONS.
ASSISTANT, PLEASE CALL THE ROLL,
SENATOR WILK NØ WILK NØ. I DON'T
THINK I VOTED ON THAT WITH A
VOTE OF 4 TO 1. THAT BILL IS OUT
. NEXT, WE'LL MOVE TO FILE ITEM
EIGHT. THAT'S SB 1299. SENATOR
CORTEZ Dð, PASS TO THE COMMITTEE
ON JUDICIARY ASSISTANT, PLEASE
CALL THE ROLL. SO I'M DONE,
SENATOR WILK NØ WILK NØ. THAT
BILL IS OUT WITH A VOTE OF 4 TO
1. ITEM NUMBER NINE. AND NEXT
WE'LL MOVE TO ITEM NUMBER NINE.
THIS IS, SB 1446 BY SENATOR
BARRASSO. I'M SORRY, SB 1346.
NEED MY GLASSES. SB 1346 BY
SENATOR BARRASSO. AND THIS BILL
IS, DO PASS TO THE COMMITTEE ON
APPROPRIATIONS. ASSISTANT,
PLEASE CALL THE ROLL. SENATOR
WILK NØ WILK. NO THAT BILL IS
OUT WITH A VOTE OF 4 TO 1. NEXT
WE'LL MOVE TO FILE ITEM NUMBER
TEN, SB 1030. MY BILL. SENATOR
SMALLWOOD. CUEVAS THIS BILL IS
Dð PASSED THE COMMITTEE ON
APPROPRIATIONS. ASSISTANT,
PLEASE CALL THE ROLL. SENATOR
WILK NOT VOTING. NOT VOTING.
THAT IS FOUR ZERO. THOSE OUT.
THAT BILL IS OUT WITH A VOTE OF
4 TO 0. I'M GOING TO GO. OKAY.
WE'RE GOING TO GO BACK TO THE
TOP FILE ITEM NUMBER TWO, SB 988
BY SENATOR WIENER. THIS BILL IS
DUE PASS TO THE COMMITTEE ON
JUDICIARY ASSISTANT. PLEASE CALL
THE ROLL. SENATOR WILK. AYE.
WILK. AYE. THAT BILL IS OUT WITH
A VOTE OF 5 TO 0. OKAY. WE'RE
GOING TO MOVE NOW TO FILE ITEM
NUMBER THREE, SB 1049. SENATOR
PADILLA, DO PASS THE COMMITTEE
ON HOUSING ASSISTANT, PLEASE
CALL THE ROLE SENATOR WILK NØ
WILK NØ. THAT BILL IS OUT WITH A
VOTE OF 4 TO 1.
OKAY, WELL, THAT CONCLUDES OUR
AGENDA FOR TODAY. IF YOU WERE
NOT ABLE TO TESTIFY, PLEASE
SUBMIT YOUR COMMENTS AND WRITING
TO THE COMMITTEE. THANK YOU
EVERYONE. THE SENATE COMMITTEE
ON LABOR, PUBLIC EMPLOYMENT AND
RETIREMENT IS ADJOURNED