THE SENATE LABOR, PUBLIC
EMPLOYMENT AND RETIREMENT
COMMITTEE WILL COME TO ORDER.
GOOD MORNING EVERYONE. WE HAVE
11 ITEMS ON OUR AGENDA TODAY.
AND RIGHT NOW IT LOOKS LIKE MANY
OF OUR MEMBERS AND OTHER
COMMITTEES. SO WE ARE GOING TO
BEGIN THIS HEARING AS A
SUBCOMMITTEE. FIRST UP, WE HAVE
SENATOR WAHAB. WE'RE GOING TO
HAVE A SLIGHT CHANGE BECAUSE
SENATOR WAHAB HAS A SPECIAL
GUEST WITH HER TODAY THAT WILL
NEED ADDITIONAL TIME. SO WE'RE
GOING TO LET HER GO FIRST AND
JUMP THE FILE ORDER. SO WE'LL BE
HEARING SB 1316, SENATOR, PLEASE
PROCEED. THANK YOU, I JUST
WANTED TO HIGHLIGHT THAT, THANK
YOU FOR THE ACCOMMODATIONS AS
WELL, AND CHAIR COLLEAGUES AND
MEMBERS OF THE PUBLIC, SB 1316
ENSURES EQUITABLE PAY FOR ALL
EMPLOYEES AT THE CALIFORNIA
SCHOOL FOR THE DEAF AND THE
CALIFORNIA SCHOOL FOR THE BLIND.
MATCHING SALARIES WITH STAFF IN
THEIR RESPECTIVE SCHOOL
DISTRICTS. ONE OF THE THINGS
THAT WE'D LIKE TO NOTE IS IT'S
IMPORTANT THAT THESE
INSTITUTIONS ARE CALIFORNIA'S
OLDEST SCHOOLS FOR INDIVIDUALS
WITH SENSORY IMPAIRMENTS,
DESPITE THEIR CRUCIAL ROLE IN
SERVING THE BLIND AND DEAF
COMMUNITY. STAFF AT THESE
HISTORICAL INSTITUTIONS
CURRENTLY RECEIVE SIX LOWER
COMPENSATION COMPARED TO THEIR
NEIGHBORING PUBLIC SCHOOLS,
MAKING IT A CHALLENGE TO ATTRACT
AND RETAIN QUALIFIED STAFF. NEW
TEACHERS AT THE SCHOOL. OF THE
CALIFORNIA DEAF SCHOOL IN
FREMONT ARE PAID $14,000 LESS
THAN THEIR COUNTERPARTS IN THE
NEIGHBORING SCHOOL DISTRICT,
HIGHLIGHTING THE WAGE
DISPARITIES FACED BY EMPLOYEES
IN THESE INSTITUTIONS. WE ALSO
KNOW THAT TEACHERS ACROSS THE
BOARD ARE PAID LESS THAN THEY
DESERVE, SO THIS JUST INCREASES
THE DISPARITY. THIS BILL
ADDRESSES THE WAGE DISCREPANCIES
BY MANDATING THAT THE DEPARTMENT
OF HUMAN RESOURCES ESTABLISHES
EQUITABLE SALARIES FOR ALL STAFF
AND ADMINISTRATION AT THE
CALIFORNIA SCHOOL FOR THE DEAF
AND THE CALIFORNIA SCHOOL FOR
THE BLIND. I DO ALSO WANT TO
HIGHLIGHT THE FACT THAT, THE
SCHOOLS ARE REALLY LARGELY
GOVERNED BY THE STATE. THESE ARE
SPECIAL SCHOOLS, THEIR SCHOOLS
IN FREMONT, AS WELL AS A SCHOOL
IN RIVERSIDE. SO IT'S ROUGHLY
ABOUT THREE SCHOOLS THAT WE ARE
IDENTIFYING THAT WE WOULD LIKE
TO ENSURE THAT THERE IS
EQUITABLE PAY, WITH ME, I HAVE
T I KOVACS AND HIS INTERPRETER.
WE ALSO HAVE ANOTHER WITNESS.
DOCTOR NANCY HILLBARK AMAN,
DIRECTOR OF STATE SPECIAL
SCHOOLS AND SERVICES DIVISION AT
THE CALIFORNIA DEPARTMENT OF
EDUCATION. THANK YOU. JUST HANG
WITH ME. HI. FIRST AND FOREMOST,
THANK YOU FOR THE OPPORTUNITY,
FOR GIVING ME THE OPPORTUNITY TO
SPEAK WITH YOU. MY NAME IS TAI
KOVACS FROM CALIFORNIA SCHOOL
FOR THE DEAF. I'VE WORKED THERE
FOR 25 YEARS. I GRADUATED ALSO,
SO A TOTAL OF 35 AT THE SCHOOL.
THE QUESTION REALLY IS, IS HOW
WOULD YOU FEEL? AND BEFORE YOU
KNOW, YOU UNDERSTAND, I HAVE I
SPEAK TWO LANGUAGES. I HAVE TWO
DEGREES. HOW WOULD YOU FEEL IF
YOU EARNED 38% LESS THAN YOUR
COUNTERPARTS ACROSS THE STREET?
YOU KNOW, THE STATE PRISONS EARN
38% MORE THAN THE TEACHERS DO AT
OUR SCHOOL. WE REQUIRE, YOU HAVE
TO BE A BILINGUAL. WE HAVE
13,000 PUBLIC SCHOOLS IN THE
STATE OF CALIFORNIA. SO THERE'S
13,000 DIFFERENT OPTIONS WHERE
DEAF ONLY HAVE TWO NORTHERN AND
SOUTHERN CALIFORNIA. YOU KNOW,
IT'S STRUCTURED. AND IT WAS
CREATED TO BE A CULTURE
COMMUNITY, TO PROVIDE RESOURCES
AND SUPPORT FOR OUR STUDENTS.
WITHOUT THE DEAF SCHOOL, THERE
IS NO COMMUNITY AND RESOURCES.
WHERE WOULD THE DEAF CHILDREN GO
? YOU KNOW, TO GET THE FULL
LANGUAGE CAPACITY? YOU KNOW,
THIS ISSUE, WE'VE BEEN ADDRESSED
, WE'VE BEEN ADDRESSING THIS FOR
THE LAST 25 YEARS, YOU KNOW, FOR
THE BLIND SCHOOL IN FREMONT, IN
THE BAY AREA, THE COST OF LIVING
IS JUST OUTRAGEOUS. AND OUR KIDS
ARE NOT GETTING THE MINIMUM
QUALIFICATIONS OF THE STAFF THAT
WE NEED BECAUSE OF THE COST OF
LIVING. AND, SO THE MENTAL
HEALTH, THE STAFF IS EXHAUSTED,
THEY GET TO WORK, THEY'RE
EXHAUSTED BECAUSE OF THE TRAVEL
TIME AND THERE REALLY ARE NOT
ABLE TO MATCH OUT THEIR COMPLETE
POTENTIAL IN TEACHING BECAUSE
THEY'RE SO EXHAUSTED. YOU KNOW,
STUDENT LIFE, THE STAFF, WE HAVE
16 POSITIONS RIGHT NOW THAT ARE
VACANT. THE TEACHERS, I THINK
THERE ARE BETWEEN 10 TO 12
VACANT POSITIONS AT THIS PRESENT
TIME. THIS IS
ANTI-DISCRIMINATION. IT'S A
VIOLATION. THE FAIR PAY ACT HAS
BEEN VIOLATED FOR THE LAST 25
YEARS. I CAN SAY THAT BECAUSE
I'VE BEEN ONE THAT'S BEEN
WORKING FOR THE LAST 25 YEARS ON
THIS. ALL THE LAWS HAVE BEEN
VIOLATED, ONGOING. EVERY YEAR
UNTIL SENATOR WAHAB SHOWED UP.
AND I MEAN, SHE'S BEEN THE HELP
THAT WE NEEDED. SB 1316 IS OUR
OPPORTUNITY TO BE ABLE TO
ADDRESS THESE ISSUES BECAUSE OUR
SCHOOL IS DYING. WE'RE ALMOST
UNDER 300 STUDENTS AT OUR SCHOOL
AT THIS PRESENT TIME. WE LOST
ALMOST, I WANT TO SAY, 45 STAFF
TO RIVERSIDE. THEY'VE ALL
TRANSFERRED TO RIVERSIDE, AND
THEY'RE CONTINUING TO DO THAT
BECAUSE OF THE COST OF LIVING.
YOU KNOW, THE WORLD REPORT
MAGAZINE RECOGNIZES THE FREMONT
SCHOOL FOR THE DEAF IS ONE OF
THE BEST SCHOOLS IN THE COUNTRY.
WE'RE ONLY THE DEAF SCHOOL, ONLY
DEAF SCHOOL THAT'S EVER BEEN
RECOGNIZED. AND WE ARE
STRUGGLING TO SURVIVE ON A DAILY
BASIS. AND OUR STUDENTS ARE THE
ONES WHO ARE GOING TO ULTIMATELY
SUFFER. AND THE TIME IS NOW. WE
CAN'T WAIT ANY LONGER. FOR IF
YOU REALLY BELIEVE AND UPHOLD
THE LAW ABOUT THE
ANTI-DISCRIMINATION CLAUSE AND
THE FAIR ACT PAY, WE NEED TO
ADDRESS THIS ISSUE NOW BECAUSE
THE AGENT OF CHANGE IS TOGETHER.
I WANT THE COMMUNITY TO BELIEVE
IN EQUALITY AND TO STAND AGAINST
DISCRIMINATION. AND IT STARTS
HERE. AND I HOPE THAT WE ALL CAN
WORK TOGETHER TO BE ABLE TO
PROVIDE A QUALITY EDUCATION AND
TO SERVE OUR DEAF AND BLIND
STUDENTS AND OUR FATES IS REALLY
IN YOUR HANDS. AGAIN, I REALLY
APPRECIATE, HOPEFULLY HELP US
SAVE OUR SCHOOL, ESPECIALLY IN
THE BAY AREA. THANK YOU FOR YOUR
TIME. THANK YOU SIR. THE NEXT
NEXT WITNESS
.
GOOD MORNING EVERYONE. I'M HAPPY
TO BE HERE THIS MORNING. I FLEW
IN FROM SAN DIEGO THIS MORNING.
BARELY MADE IT, BUT WE'RE HERE.
MY NAME IS DOCTOR NANCY HLIBOK
AMANN, AND I AM THE DIRECTOR OF
THE STATE SPECIAL SCHOOLS AND
SERVICES DIVISION AT THE
CALIFORNIA DEPARTMENT OF
EDUCATION. I'M RESPONSIBLE FOR
THE THREE SCHOOLS AND THE THREE
DIAGNOSTIC CENTERS IN THE STATE
OF CALIFORNIA. AND I'M VERY
PROUD TO EXPLAIN TO YOU THAT THE
STATE OF CALIFORNIA IS ACTUALLY
RESPONSIBLE FOR THREE SCHOOLS.
THEY SERVE BIRTH TO AGE 22. AND
THE SERVICES THAT WE PROVIDE ARE
DIRECT CLASSROOM INSTRUCTION.
THE TEACHERS SPECIALIZE AND ARE
CREDENTIALED. AND WE ALSO HAVE
OUR STUDENT LIFE WHO WORK WITH
OUR STUDENTS ON CAMPUS AFTER
SCHOOL OVERNIGHT WITH FULL
ACCESS TO COMMUNICATION. ALL THE
STUDENTS ARE BILINGUAL. ALL ARE
BILINGUAL LEARNERS. AND
SOMETHING I WANT TO MENTION
ABOUT THIS BILL 1316. IT IS
ABSOLUTELY CRITICAL TO PROTECT
OUR SCHOOLS WITHOUT THIS
SUPPORT, IT WILL HARM THE
ABILITY TO CONTINUE THE
EMPLOYMENT FOR OUR STUDENTS IN
BIGGS, FOR OUR STAFF IN BIG
CITIES WHERE THERE IS
COMPETITION AT THE STATE LEVEL
FOR FUNDING AS COMPARED TO LOCAL
SCHOOL DISTRICTS, LOCAL SCHOOL
DISTRICTS ARE PAID MORE THAN OUR
STATE EMPLOYEES. WE HAVE A TEAM
OF EXPERTS AND SPECIALIZED
EXPERTS WORKING WITH STUDENTS ON
A DAY TO DAY BASIS. THERE IS NO
OTHER SCHOOL COMPARED TO OUR
THREE SCHOOLS. THEY PROVIDE OUR
DIAGNOSTIC CENTERS, PROVIDE
SUPPORT FOR SPECIAL ED STUDENTS.
THEY'RE ALWAYS SEEKING RESOURCES
FROM US. THE ED CODE MUST
PROVIDE THOSE RESOURCES AND
SUPPORT FOR LOCAL SCHOOL
DISTRICTS AND FAMILIES WHO WANT
CHILDREN TO GO TO THESE THREE
SCHOOLS. I IMPLORE YOU TO
SUPPORT THIS BILL. IT WILL HAVE
A MASSIVE IMPACT ON OUR STAFF
THAT WE CURRENTLY HAVE WORKING,
AND WE CAN CONTINUE WORKING AND
SERVING THESE STUDENTS AND
FAMILIES. I HAVE JUST A BRIEF
STORY TO SHARE WITH YOU ABOUT
ONE PARTICULAR STUDENT WHO
ENTERED THIS DEAF SCHOOL DURING
THEIR MIDDLE SCHOOL YEARS. THE
PARENTS WERE SHOCKED WHEN THE
STUDENTS TOLD THEIR MOM IN TEARS
, I ALWAYS THOUGHT MY LIFE WAS
GOING TO BE VERY SHORT ON THIS
EARTH, BECAUSE I'VE NEVER MET A
DEAF ADULT IN MY LIFE. BY THE
TIME SHE WAS IN MIDDLE SCHOOL,
SHE'D NEVER MET ANY DEAF PERSON,
AND SHE BELIEVED THAT HER LIFE
WOULD END BY THE AGE OF AROUND
PROBABLY 20, BECAUSE SHE HAD
NEVER MET A DEAF ADULT. WHEN SHE
GOT TO OUR OUR RESIDENTIAL
SCHOOL, SHE SAW SO MANY DEAF
ADULTS, SO MANY DEAF ROLE
MODELS. THERE'S SUCH A LARGE
NUMBER OF STUDENTS THAT GRADUATE
FROM THESE SCHOOLS AND GO ON TO
BE LAWYERS AND EDUCATORS. THEY
OWN THEIR OWN BUSINESSES AS WE
HAVE PEOPLE THAT WORK FOR
GOOGLE, THAT WORK FOR BIG
CORPORATE ENTITIES, AND THEY
COME FROM OUR SCHOOLS. SO I WANT
TO AGAIN REITERATE, PLEASE LOOK
AT THIS BILL AND SUPPORT IT
WHOLEHEARTEDLY. IT WOULD MEAN
THE WORLD TO OUR STUDENTS, TO
OUR FAMILIES, TO THE COMMUNITIES
THEY BUILD AND TO OUR COMMUNITY.
BECAUSE OUR COMMUNITY IS YOUR
COMMUNITY. THANK YOU. THANK YOU.
ONE MORE WITNESS. PLEASE STEP
FORWARD. IS THAT IT? OKAY. ARE
THERE ANY. WE DON'T NEED THE
TECHNICAL. THANK YOU. THANK YOU
FOR THAT, SO ANY NOW WE'RE GOING
TO MOVE TO SUPPORT FOR THIS
BILL. CAN FOLKS PLEASE STEP
FORWARD. THIS IS JUST YOUR NAME
YOUR AFFILIATION AND POSITION ON
THE BILL. IT'S PERFECT AT THE
MIC. YOU DON'T NEED TO SIT AT
THE TABLE. YEP. THAT WAY YOU
COULD JUST LINE UP QUICKLY. LINE
UP MY. I'M SO SORRY. I APOLOGIZE
. DO YOU WANT ME TO GO AHEAD? NO
GO DOWN, I AM A STUDENT AT THE
SCHOOL FOR THE DEAF IN FREMONT.
I ORIGINALLY WAS FROM INDIANA,
SO I MOVED TO FREMONT WHEN I WAS
THREE YEARS OLD BECAUSE IT WAS
THE BEST EDUCATION. IT WAS THE
TOP NUMBER ONE IN THE UNITED
STATES. I COULD SEE THAT WHEN I
GOT THERE, THERE WAS SO MANY
OPPORTUNITIES. I'M SO SORRY THIS
IS JUST TO SUPPORT THE BILL. SO
IT'S YOUR NAME, AFFILIATION AND
YOUR POSITION. THANK YOU. I
SUPPORT THE BILL. MY NAME IS
GIOVANNA IKITA AND I AM A
SOPHOMORE AS QUIRK-SILVA BETTER.
COME ON. THANK YOU. I SUPPORT
THANK YOU SO JUST YOUR NAME,
YOUR AFFILIATION AND YOUR
SUPPORT OF THE BILL. YOUR
POSITION. MY NAME IS DAVID CAGLE
AND I AM REPRESENTING STUDENT
LIFE AND COLLEGE AND I SUPPORT
THE BILL. HI. MY NAME IS MARISSA
VIDAK AND I'M A SOPHOMORE AND I
SUPPORT THE BILL. HI, MY NAME IS
VOEPEL TIÂU AND I SUPPORT THE
BILL. THANK YOU. THANK YOU. HI.
MY NAME IS DOCTOR BARBARA
GUZMAN. I'M THE ORGANIZING 12-1
AND VICE CHAIR FOR OUR UNION
WITH SEIU LOCAL 1000. AND WE
WHOLEHEARTEDLY SUPPORT THIS BILL
. THANK YOU. HI. MY NAME IS
HANNAH PICO AND I WORK AT
STUDENT LIFE HIGH SCHOOL FOR
THEM AND I SUPPORT THE BILL.
THANK YOU. HELLO AND GOOD
MORNING. MY NAME IS JEFF
BUCKMINSTER. BUCKMINSTER AND I
WORK AT CCSD IN STUDENT LIFE.
AND I SUPPORT THE BILL. THANK
YOU SO MUCH. HELLO. MY NAME IS
KEISHA. CHAPMAN I ALSO WORK AT
THE SCHOOL FOR THE DEAF IN
STUDENT LIFE, AND I ALSO SUPPORT
THE BILL. THANK YOU. CRYSTAL
STRAIT REPRESENTING SEIU WITH
THOUSANDS VOEPEL. THANK YOU. FOR
REPRESENTING STATE
SUPERINTENDENT TONY THURMOND,
ALSO PROUD CO-SPONSOR AND
SUPPORT OF THE BILL. THANK YOU.
ANYONE ELSE WISHING TO SPEAK IN
SUPPORT OF THE BILL? OKAY. NOW
WE'RE GOING TO MOVE TO
OPPOSITION. DO WE HAVE
OPPOSITION WITNESSES? YOU
SPEAKING AGAINST THIS BILL?
OKAY. SEEING NONE, ANYONE WHO
WANTS TO VOICE OPPOSITION AND
STATE A POSITION ON THIS BILL,
ON A STEP TO THE MIC, SEEING
NONE. OKAY WE COULD MOVE TO THE
DÍAS, BUT IT LOOKS LIKE A LOT OF
OUR MEMBERS ARE OUT. I WANT TO,
JUST WANT TO SAY THANK YOU SO
MUCH TO THE AUTHOR FOR BRINGING
THIS BILL. AND THANK YOU TO,
THOSE WHO CAME AS WITNESSES AND
SPOKE AND SHARED THEIR SUPPORT
ON THIS BILL, THE WORK YOU DO IS
INVALUABLE TO OUR STATE, THE
EDUCATION THAT YOU'RE PROVIDING
TO THE STUDENTS WE KNOW WILL ADD
TO OUR FUTURE LEADERS, BUT I
WANT TO TELL YOU, I WANT THIS
BILL TO GET OUT TODAY. BUT
YOU'VE GOT A LONG ROAD AHEAD.
THIS IS A TOUGH BUDGET YEAR, AND
I BELIEVE ALL WORKERS DESERVE
DIGNITY AND RESPECT. AND YOU'VE
GOT TO MAKE SURE THAT YOU DO
WHAT YOU CAN TO NGUYEN THE
CHANGE THAT YOU WANT. BUT YOU'VE
GOT TO CONVINCE THE
ADMINISTRATION TO DO SO. SO WITH
THAT, I'M GOING TO BE SUPPORTING
THIS BILL. WE'RE GOING TO PUT IT
ON CALL FOR THE REST OF OUR
MEMBERS TO VOTE ON IT, AND WE'LL
WAIT FOR THE MOTION LATER. THANK
YOU. THANK YOU. SIR, WOULD YOU
LIKE TO. YES, I JUST I JUST WANT
TO ONE. THANK YOU GUYS FOR
HEARING THIS. I WANT TO THANK
EVERYBODY WHO CAME OUT, BOTH
FROM SOUTHERN CALIFORNIA AS WELL
AS NORTHERN CALIFORNIA, AND I
REALLY WANT TO HIGHLIGHT THE
FACT THAT THESE SCHOOLS AND
AGAIN, IT'S JUST THREE. SO I
UNDERSTAND YOUR BUDGET CONCERNS
AS WELL. WE DO HAVE THE
DEPARTMENT OF EDUCATION ALSO
BACKING THIS. OF COURSE, IT'S
VERY LITTLE COMPARED TO ALL OF
THE THINGS THAT WE TALK ABOUT IN
REGARDS TO THE STATE BUDGET. AND
THIS IS TRULY A COMMUNITY. IT IS
NOT SOMETHING THAT, YOU KNOW,
THE MAJORITY OF US ARE USED TO
THIS IS A COMMUNITY WHERE KIDS
CAN COME AND SEE AND FEEL A PART
OF SOMETHING THAT HISTORICALLY,
IN A NORMAL SETTING, THEY DON'T
FEEL A PART OF THE COMMUNITY. SO
I REALLY JUST WANT TO HIGHLIGHT
AND UPLIFT THE FACT THAT THIS IS
A COMMUNITY. AND SO MANY OF
THEM, TEACHERS AND STUDENTS,
ADVOCATE FOR THIS. SO THANK YOU.
WE'LL GO ON TO THE NEXT. OKAY.
NOW WE'RE MOVING ON TO THE NEXT
ITEM, AND WE'RE GOING TO TRY TO
GET BACK TO FILE ORDER. I SEE
SENATOR PADILLA IS IN THE
BUILDING. GIVE A MINUTE FOR
PEOPLE AND WE'LL GIVE A SECOND
JUST FOR. FOLKS TO SHUFFLE OUT
.
OKAY. SENATOR PADILLA. THANK YOU
VERY MUCH. OKAY. GOOD MORNING,
MADAM CHAIR, I'M PLEASED TO
PRESENT SB 962, IN 2008, THE
PORT, AND TEAMSTERS LOCAL 911
DEVELOPED A NEW PLAN FOR THE
PORT OF SAN DIEGO, CREATING A
HYBRID RETIREMENT PLAN, WHICH
INCLUDED BOTH DEFINED
CONTRIBUTION PLANS AND A SMALLER
DEFINED BENEFIT PLAN AS A WAY TO
SHARE COSTS AND RISKS BETWEEN
EMPLOYEES AND THE EMPLOYER. THE
DEFINED BENEFIT PLAN INCLUDED A
WAITING PERIOD AN EMPLOYEE WOULD
ACCRUE SERVICE CREDIT ONCE FIVE
YEARS OF EMPLOYMENT WERE
COMPLETED. UNFORTUNATELY
EVIDENCE HAS SHOWN THAT THIS
REQUIREMENT TO ACCRUE SERVICE
CREDIT AFTER FIVE YEARS OF
EMPLOYMENT HAS RENDERED THIS
PLAN LESS COMPETITIVE WHEN
COMPARED TO OTHER REGIONAL
PUBLIC AGENCIES, MAKING IT
DIFFICULT TO ATTRACT AND RETAIN
EMPLOYEES. SB 962 ALLOWS THE
PORT OF SAN DIEGO TO ELIMINATE
THE FIVE YEAR WAITING PERIOD ON
THE EXISTING PLAN. ON A
PROSPECTIVE BASIS, AND PROVIDE
EXISTING AND NEW EMPLOYEES WITH
PRE 2013 RECIPROCITY. THE
OPPORTUNITY TO ACCRUE SERVICE
CREDIT UPON IMPLEMENTATION OF
THIS MEASURE, WHILE STILL
MAINTAINING EMPLOYER COSTS BELOW
THAT OF THE STANDARD PEPPER
PLAN, WHICH YOU MAY KNOW. AN
EXISTING STATUTE IS THE
REQUIREMENT. I WANT TO THANK YOU
AND YOUR STAFF FOR WORKING WITH
US ON THIS BILL. I WANT TO
CLARIFY THAT WE DO ACCEPT
COMMITTEE AMENDMENTS, I ALSO
WANT TO, REMIND THE CHAIR AND
MEMBERS THAT THE PORT OF SAN
DIEGO IS AN ENTIRELY
SELF-SUSTAINING, SELF-SUPPORTING
PUBLIC AGENCY, I ALSO HAVE IT ON
GOOD AUTHORITY. AND MY WITNESSES
WILL SPEAK TO THAT, THAT WE WILL
HAVE CERTIFICATION, COME FORWARD
TO THE COMMITTEE FROM THE
ACTUARY AS REQUIRED BY THE
STATUTE AS WELL, WITH RESPECT TO
ADDITIONAL COST OR RISK, WITH
THAT, WITH ME TODAY IS JONATHAN
CLAY REPRESENTING THE PORT OF
SAN DIEGO AND SHANE GUZMAN FROM
TEAMSTERS. AND YOU HAVE TWO
MINUTES. GREAT. I'LL TRY TO KEEP
IT WAY IN THE BACK. GOOD
MORNING, MADAM. YES. WORKING
THERE WE GO. GOOD MORNING, MADAM
CHAIR, AND COMMITTEE MEMBERS,
JONATHAN CLAY, ON BEHALF OF THE
PORT OF SAN DIEGO. FIRST OFF,
JUST LIKE TO SAY THANK YOU TO
YOUR STAFF FOR THE WORK WITH US
ON THE AMENDMENTS WE COMMIT TO
GETTING THE FINAL CERTIFICATION
AND WORKING WITH YOUR OFFICE ON
THAT BEFORE MOVING OFF THE
FLOOR, SO WE UNDERSTAND THE
IMPORTANCE OF THAT, SENATOR
PADILLA DID A GREAT JOB OF KIND
OF LAYING OUT THE HISTORY THERE.
SO I'LL JUST TOUCH ON A COUPLE
OF INTERESTING THINGS OF WHY THE
PORT IS PURSUING THIS. THIS HAS
REALLY PROVED TO BE, AN
IMPEDIMENT FOR, RECRUITING NEW
EMPLOYEES TO THE PORT OF SAN
DIEGO THAT ALSO HAVE EXPERIENCE.
AND SO WHEN WE WERE TRYING TO
RECRUIT ENGINEERS OR MAINTENANCE
WORKERS OR FOLKS THAT WERE
COMING FROM OTHER PUBLIC
AGENCIES THAT HAD TIME WITHIN
THE SYSTEM, THAT FIVE YEAR WAIT
BEFORE ANY ACCRUEMENT OF CREDIT
REALLY POSED AN IMPEDIMENT TO
THE PORT AND TRYING TO BRING IN
THOSE EXPERIENCED WORKERS. THIS
WAS ALSO AN ISSUE FOR THE
TEAMSTERS. AND SO AS WE WENT
THROUGH THE LATEST ROUND OF
WORKING WITH OUR PORT FAMILY
EMPLOYEES ON TRYING TO FIGURE
OUT A NEW SYSTEM, THESE CHANGES
WERE BROUGHT FORWARD. I THINK
THE ONLY THING I'LL JUST KIND OF
HIGHLIGHT IS THE PORT ALSO TRIES
TO DO A LOT OF EXIT INTERVIEWS
AS PEOPLE LEAVE THE PORT TO
UNDERSTAND WHY THEY MIGHT BE
LEAVING, AND THERE WAS A HIGH
LEVEL OF DISSATISFACTION WITH
HOW THAT PORT RETIREMENT PLAN
HAD EVOLVED. AND IN TERMS OF
THOSE SERVICE CREDIT TIMES THAT
WERE IMPOSED. AND SO THIS WAS
REALLY KIND OF SPURRING THE PORT
TO HAVE TO KIND OF, AGAIN,
RETHINK HOW WE ARE PROVIDING OUR
RETIREMENT BENEFITS TO OUR
EMPLOYEES. AND SO WITH THAT, WE
BROUGHT THIS FORWARD, I THINK
THE LAST THING I'LL HIGHLIGHT IS
THIS WILL AGAIN, MAKE SURE THAT
THIS HYBRID PLAN DOESN'T COST
MORE THAN THAT STANDARD PEPRA
PLAN. AND SO, AGAIN, EVEN THOUGH
WE'RE A SELF-SUSTAINING ENTITY,
WE'RE TRYING TO MAKE SURE THAT
WE'RE KEEPING EVERYTHING WITHIN
THE SPIRIT AND THE LAW AS IT
RELATES TO PEPRA. SO WITH THAT,
PLEASED TO BE HERE. AND THANK
YOU VERY MUCH, MADAM CHAIR.
MEMBERS OF THE COMMITTEE, SHANE
GUZMAN, ON BEHALF OF THE OF THE
CALIFORNIA TEAMSTERS PUBLIC
AFFAIRS COUNCIL, WE ARE
SUPPORTING THIS BILL ON BEHALF
OF OUR MEMBERS AT LOCAL 911 THAT
WORK AT THE PORT OF SAN DIEGO.
WE AS THE AS THE AUTHOR AND THE
PORT REPRESENTATIVE HAVE STATED,
WE FEEL LIKE THE EXPERIMENT WITH
THE WAITING PERIOD HASN'T HASN'T
WORKED, IT'S, YOU KNOW, PEOPLE
DON'T WANT TO WAIT TO ACCRUE
CREDIT. IT'S ONE THING TO, TO
WAIT TO GET ELIGIBILITY THAT'S A
DIFFERENT MATTER. BUT TO SIMPLY
HAVE TO WORK FOR FIVE YEARS
BEFORE YOU ACCRUE ANY RETIREMENT
, IS, IS REALLY DETRIMENTAL TO,
TO OUR WORKFORCE. AND SO WE URGE
THE COMMITTEE TO SUPPORT THIS
BILL AND HAPPY TO ANSWER ANY
QUESTIONS. LET'S SEE. WELL, WE
WILL BRING IT TO THE LARGER ROOM
HERE FOR AND SEE, ARE THERE
FOLKS WHO WANT TO SPEAK IN
SUPPORT OF THE BILL TODAY?
PLEASE STEP TO THE MIC AND STATE
YOUR NAME, AFFILIATION AND
POSITION. TH¤U. ON BEHALF OF THE
CALIFORNIA LABOR FEDERATION IN
SUPPORT. THANK YOU, THANK YOU.
ANYONE ELSE IN SUPPORT? OKAY.
SEEING NONE, WE'LL MOVE TO
OPPOSITION. ARE THERE OPPOSITION
WITNESSES SPEAKING AGAINST THE
BILL TODAY? OKAY. SEEING NONE.
ANYONE IN OPPOSING THE BILL, THE
. DON'T SEE ANYONE AT THIS TIME
THAT WANTS TO SPEAK. OKAY. SO,
YOU KNOW, WE DON'T HAVE OTHER
MEMBERS HERE, BUT I WANT TO SAY
THANK YOU FOR AGREEING TO TAKING
THE AMENDMENTS. AND WE LOOK
FORWARD TO SEEING THE
CERTIFICATION WHENEVER WE MAKE
THESE KINDS OF CHANGES TO PEPRA
IT, YOU KNOW, HAS AN IMPACT ON
THE BROADER SYSTEM. AND WE WANT
TO MAKE SURE THAT OUR SYSTEMS
ARE STRONG WHEN IT COMES TO THE
PENSIONS. I AM GOING TO SUPPORT
THE BILL TODAY. WE WANT TO SEE
THE CERTIFICATION, HAVE A CHANCE
TO LOOK AT THEM AND TO ENSURE
THAT THEY ARE MEETING, THE
STANDARDS THAT, WE THINK THIS
COMMITTEE SHOULD BE ABLE TO
DETERMINE BY HAVING A LOOK AT
WHAT'S PROVIDED. BUT WE WANT TO
MAKE SURE THAT WE GET IT OUT
TODAY. SO THANK YOU, AND WOULD
YOU LIKE TO CLOSE JUST FOR THE
BALANCE OF THE MEMBERS WHO HAVE
NOT YET ARRIVED WHEN THEY DO, I
WOULD RESPECTFULLY ASK FOR AN
AYE VOTE. AND THANK YOU, MADAM
CHAIR. THANK YOU. WE WILL BE ON
CALL AND WE'LL WAIT FOR A MOTION
AT THAT TIME.
HEY, WE'RE GOING TO MOVE TO FILE
ITEM NUMBER TWO. I SEE SENATOR
ASHBY. OH, THERE YOU GO. WE ARE
MOVING TO ITEM NUMBER TWO, SB
1058. SENATOR ASHBY. HELLO,
MADAM CHAIR. GOOD MORNING. GOOD
MORNING. NICE TO SEE YOU. HELLO
ALL RIGHT. THANK YOU, MADAM
CHAIR, FOR HAVING US TODAY. LET
ME START BY SAYING THAT I AM
ACCEPTING THE COMMITTEE'S
CLARIFYING AMENDMENTS. AND THANK
YOUR GOOD STAFF FOR THEIR
ASSISTANCE. WE ARE HERE TODAY TO
PRESENT SB 1058, WHICH EXTENDS
WORKER'S COMPENSATION AND
DISABILITY PROTECTIONS TO COUNTY
AND SPECIAL DISTRICT PARK
RANGERS. PARK RANGERS ACROSS THE
STATE SERVE A VARIETY OF
FUNCTIONS, INCLUDING PROTECTING
REGIONAL PARKS, WILDLIFE AND
PUBLIC VISITING THESE AREAS.
ADDITIONALLY PARK RANGERS
ENFORCE INFRACTIONS,
MISDEMEANORS, AND FELONIES THAT
OCCUR WITHIN THE PARK SYSTEMS
DURING THE MONTH OF FEBRUARY. IN
SACRAMENTO COUNTY ALONE, COUNTY
PARK RANGERS MADE 83 ARRESTS,
INCLUDING ADDING 21 FELONY
ARRESTS IN ORDER TO DO THIS,
PARK RANGERS MUST COMPLETE
EXTENSIVE TRAINING AND ARE
REQUIRED TO COMPLETE THE POST
CERTIFIED ACADEMY IN ORDER TO BE
HIRED BY THEIR COUNTY OR SPECIAL
DISTRICT. OFTENTIMES THESE PARK
RANGERS ARE THE FIRST POINT OF
CONTACT FOR DISTURBANCE FACING
SIMILAR RISKS TO OTHER LAW
ENFORCEMENT WHO ARE ALSO POST
CERTIFIED. HOWEVER, DESPITE ALL
OF THIS, THE PARK RANGERS ARE
NOT GIVEN THE SAME WORKER'S
COMPENSATION AND DISABILITY
PROTECTIONS GRANTED TO STATE
PARK RANGERS OR OTHER LAW
ENFORCEMENT AGENCIES. UNDER THE
CALIFORNIA LABOR CODE. IN FACT,
SOME COUNTIES RELY ON DEPUTY
SHERIFFS OR POLICE OFFICERS TO
FILL THEIR PARK RANGER POSITIONS
, FURTHER EMPHASIZING BOTH THE
OVERLAP AND RESPONSIBILITIES AND
THE DISPARITIES IN WORKERS
COMPENSATION PROTECTIONS. SB
1058 AMENDS THE LABOR CODE TO
SAFEGUARD PARK RANGERS ON THE
FRONT LINES, ADDRESSING BLATANT
GAPS IN WORKERS COMPENSATION AND
DISABILITY PROTECTIONS. I HAVE
TWO WITNESSES WITH ME AND ONE
PERSON HERE FOR TECHNICAL
SUPPORT. I HAVE CHIEF ORMAN,
WHO'S THE CHIEF RANGER AT
SACRAMENTO COUNTY'S REGIONAL
PARKS, AND I HAVE WITH ME RANDY
BICKEL, WHO'S THE PRESIDENT OF
SACRAMENTO COUNTY'S CRIMINAL
JUSTICE EMPLOYEES UNION AND A
MEMBER OF THE SACRAMENTO COUNTY
PUBLIC DEFENDER'S OFFICE, AND
ALSO HERE FOR TECHNICAL SUPPORT
SHOULD WE NEED THEM, IS RANDY
PERRY ON BEHALF OF PERAK. THANK
YOU. SENATOR, PLEASE PROCEED.
YOU HAVE TWO MINUTES. GOOD
MORNING. MY NAME IS LEONARD
ORMAN. I'M THE CHIEF RANGER.
SACRAMENTO COUNTY REGIONAL
PARKS. I'VE BEEN ASSOCIATED WITH
THAT AGENCY APPROXIMATELY EIGHT
YEARS. I HAVE A TOTAL OF ALMOST
40 YEARS IN LAW ENFORCEMENT IN
CALIFORNIA, WHEN I BECAME
ASSOCIATED WITH THIS AGENCY, IT
WAS GOING THROUGH A
TRANSFORMATION THAT HAD STARTED
BEFORE I WAS HIRED THERE AS A
PART TIME RANGER IN 2017. AND
THAT TRANSFORMATION REALLY HAD
TO DO WITH INTERPRETIVE RANGERS,
FOLKS THAT DO THEIR PRIMARY JOB
IS TO DO, NATURE GUIDING FOR
FOLKS VISITING THE PARK, OFFER
DIFFERENT SERVICES TO PEOPLE
THAT HAVE TO DO WITH THE
ENVIRONMENT AND THINGS OF THAT.
ENFORCEMENT WAS REALLY THE
SECONDARY THING THAT THEY DEALT
WITH, WE GOT TO A POINT WHERE
THAT WAS ABOUT EVEN AND NOW
WE'RE AT A POINT WHERE OUR
RANGERS ARE DEALING WITH JUST
LAW ENFORCEMENT, PERIOD, THAT'S
ALL WE HAVE ENOUGH TIME TO DO,
THE AMOUNT OF ARRESTS THAT WE
DEAL WITH TODAY COMPARED TO TEN
YEARS AGO IS AT LEAST DOUBLE,
LAST YEAR, WE DID ALMOST 350
FELONY ARRESTS IN OUR PARK
SYSTEM AND 131 MISDEMEANORS. AND
THOSE DEAL WITH THE MOST
DANGEROUS FELONIES DOWN TO DUIS
AND THINGS OF THAT NATURE, JUST
THE OTHER DAY, WE WERE ASSISTING
A LAW ENFORCEMENT AGENCY FROM
YOLO COUNTY THAT HAD DETECTED A
MURDER SUSPECT IN OUR AMERICAN
RIVER PARKWAY, WHILE WE WERE
ASSISTING THEM, WE ULTIMATELY
DID NOT LOCATE THAT PERSON THEY
HAD LEFT ALREADY. HOWEVER, HAD
THERE BEEN SOME KIND OF VIOLENT
INTERACTION AND A POLICE OFFICER
FROM THAT COUNTY WAS HURT, AND
ONE OF OUR RANGERS, THEY WOULD
HAVE BEEN TREATED MUCH
DIFFERENT, IN THE AREA OF
DISABILITY AND WORKMAN'S COMP.
QUITE FRANKLY, THE, THE HOW THE
RANGERS ARE TREATED AT THIS
POINT. AND I AND I KNOW THIS IS
A STATEWIDE ISSUE, IT'S NOT JUST
GERMANE TO US IS VERY DIFFERENT
AND VERY UNPREDICTABLE FOR THE
EMPLOYEE WHEN THEY'RE OFF HURT,
AND THE OUTCOMES ARE VERY
UNPREDICTABLE, IT ALSO REALLY
BOILS DOWN TO A RECRUITMENT AND
RETENTION ISSUE FOR ME AS THE
ADMINISTRATOR OF THAT AGENCY,
Kò, I MAINLY END UP HIRING
ACADEMY RECRUITS THAT I SEND
THROUGH THE POLICE ACADEMY THAT
ALL OTHER OFFICERS GO TO, AND IT
DOESN'T TAKE THEM VERY LONG TO
FIGURE OUT AFTER THEY'VE BEEN
HIRED AND THEY'RE IN A FULL DUTY
STATUS, THAT THEY ARE TREATED
DIFFERENT. AND THAT IS ONE OF
THE CONCERNS THEY HAVE WHEN THEY
MAKE A DECISION TWO, THREE YEARS
IN WHETHER OR NOT THEY'RE GOING
TO STAY WITH THAT AGENCY,
KNOWING THAT IT'S A LONG CAREER.
THANK YOU. THANK YOU. RIGHT ON
THE, RIGHT IN TWO MINUTES. NEXT
WITNESS. GOOD MORNING, CHAIR
CUEVAS AND SENATE COMMITTEE
MEMBERS, AS YOU HEARD, MY NAME
IS RANDY BIXEL. AND LIKE CHIEF
ORMAN, I HAVE OVER 35 YEARS OF
LAW ENFORCEMENT EXPERIENCE FROM
THE BAY AREA BEFORE I TWO CAME
UP TO SACRAMENTO AND SERVED AS A
SERGEANT WITH THE SACRAMENTO
COUNTY REGIONAL PARKS FOR FOUR
YEARS. ALTHOUGH I HAVE THE
LUXURY NOW OF WORKING FOR THE
PUBLIC DEFENDER'S OFFICE AS A
CRIMINAL INVESTIGATOR, WHICH HAS
BEEN A GREAT CHANGE, I ALSO
SERVE AS THE LABOR UNION
PRESIDENT, WHICH REPRESENTS THE
PARK RANGERS. AND LIKE CHIEF
ORMAN, SERVING WITH THE PARK
RANGERS, I WAS SHOCKED. AND TO
FIND OUT THAT THEY WERE NOT
PROTECTED, THE PARK RANGERS
UNDER 4850, THE LABOR CODE. PARK
RANGERS ARE THE EMERGENCY FIRST
RESPONDERS THAT PROVIDE SAFETY
FOR OUR PARK PATRONS. THEY
RESPOND TO EMERGENCIES, THEY
RENDER FIRST AID, LIFE SAVING
TECHNIQUES, CONDUCT WATER
RESCUES, PUT OUT WILDLAND FIRES,
CONDUCT SEARCH AND RESCUE, AND
THEY MAKE ARRESTS. THE COUNTY
AND SPECIAL DISTRICT, PARK,
POLICE PARK RANGERS ATTEND THE
SAME STANDARDIZED POLICE ACADEMY
AS EVERY LAW ENFORCEMENT
OFFICER, AS SANCTIONED BY THE
PEACE OFFICER STANDARDS AND
TRAINING. POST COUNTY PARKS AND
SPECIAL DISTRICTS HAVE BECOME A
POPULAR LOCATION FOR THE
UNHOUSED, AND PARKS HAVE SEEN AN
UPTICK IN HOMELESS ENCAMPMENTS,
AND THIS HAS BROUGHT AN
INCREASING CHALLENGE FOR PARK
RANGERS DEALING WITH ILLEGAL
NARCOTICS, DRUG USE AND DRUG
SALES AND CRIMINAL ACTIVITY,
CRIMES OF VIOLENCE AND OVERDOSES
. SERVING AS A SERGEANT WITH
SACRAMENTO COUNTY REGIONAL PARKS
FROM 2018 TO 2020, I'VE
WITNESSED FIRSTHAND THE DANGERS
COUNTY PARK RANGERS FACE DAILY.
THE SEVERAL INJURIES RANGERS
SUSTAINED IN THE PERFORMANCE OF
THEIR DUTIES, THE PARK RANGERS
NOT ONLY IN SACRAMENTO COUNTY,
BUT SEVERAL COUNTIES AND SPECIAL
DISTRICTS STATEWIDE, ARE DOING
THE BRAVE WORK OF EMERGENCY
FIRST RESPONDERS. THEY ARE
PUTTING THEMSELVES IN DANGER TO
PROTECT OTHERS, KEEPING THE
PARKS AND OPEN SPACES SAFE WHILE
PROTECTING THE NATURAL RESOURCES
AS THEY ARE. THE POLICE OFFICERS
OF THE PARKS SWORN AND CERTIFIED
TO PROTECT PARK PATRONS. WE
RESPECTFULLY ASK THAT YOU
PROTECT THEM BY SUPPORTING
SENATE BILL 1058 AND EXTENDING
THE SAME DISABILITY BENEFITS AS
DEFINED UNDER LABOR CODE 4850,
TO INCLUDE THEM IN PEACE
OFFICERS UP AND DOWN THE STATE.
THANK YOU. THANK YOU. IS THERE
ANYONE ELSE HERE IN THE ROOM
THAT IS SPEAKING IN SUPPORT OF
THE BILL TODAY? PLEASE STATE
YOUR NAME, POSITION AND
AFFILIATION. MADAM CHAIR
MEMBERS, RANDY PERRY WITH AARON
REED AND ASSOCIATES ON BEHALF OF
PORAC AND FULL SUPPORT. SUPPORT.
IS THERE ANYONE SPEAKING IN
OPPOSITION TO THE BILL? ANY
WITNESSES? ANYONE THAT JUST
WANTS TO VOICE OPPOSITION TO THE
BILL IN THE ROOM? SEEING NONE?
THIS BILL, OBVIOUSLY WE DON'T
HAVE MEMBERS HERE TODAY, WE ARE,
MOSTLY LIKELY GOING TO HAVE TO
MOVE THIS TO, TO CALL. AND SO I
WANT TO JUST GO AHEAD AND GIVE
YOU A CHANCE TO CLOSE COMMITTEE
AMENDMENTS. OH THE BEGINNING YOU
WOULD TAKE THE COMMITTEE
AMENDMENTS. YEAH, I HEARD THAT.
SO THANKS. SO I DO WANT TO JUST
SAY ONE THING IN CLOSE. IT'S THE
SAME JOB. IT'S JUST IN A
DIFFERENT LOCATION. THEY'RE
WORKING IN THE PARKS AND I ALSO
WANT TO BE CLEAR THAT IT'S
INEQUITABLE ACROSS PARK RANGERS
IN THE STATE BECAUSE SOMEBODY
AND I DON'T KNOW WHO SENATOR
CUEVAS, BUT SOMEBODY FROM LOS
ANGELES ALREADY PUT THE LOS
ANGELES PARK RANGERS IN THAT
LABOR CODE. SO THEY'RE PROTECTED
AND COVERED. THIS IS APPLYING TO
PARK RANGERS IN SOME OTHER PARTS
OF THE STATE, AND IT'S
INEQUITABLE AND I'D LOVE TO FIX
IT. I ASK IT FOR AN AYE VOTE.
THANK YOU SO MUCH, SENATOR. AND
AS MENTIONED, WE WILL GET A
MOTION ON THIS BILL AND MOVE IT
AS SOON AS WE HAVE OUR OUR FOLKS
QUORUM IN THE ROOM. THANK YOU,
THANK YOU, THANK YOU
.
OKAY. IF YOU ARE PRESENTING A
BILL IN LABOR AND PUBLIC
EMPLOYMENT AND RETIREMENT,
PLEASE COME DOWN TO ROOM 113
WHILE WE WAIT FOR MEMBERS. WE
ARE GOING TO TAKE A BIT OF A
RECESS AND RECONVENE AS SOON AS
WE HAVE PRESENTERS.
OKAY. WE ARE RECONVENING FROM
OUR RECESS. WE'RE GOING TO GIVE
A TEN MINUTE, TEN. SORRY. NOT
TEN MINUTE. A TEN SECOND
WARNING.
SIT DOWN. FIRST.
OKAY. OUR LABOR, PUBLIC
EMPLOYMENT AND RETIREMENT
COMMITTEE IS BACK IN SESSION.
AND GLAD TO SEE SENATOR CORTEZ
IS WITH US. AND, SENATOR CORTEZ,
ARE YOU READY? YOU MIND IF WE GO
TO YOU ON YOUR BILL FIRST? OKAY.
WONDERFUL SO WE WILL HEAR, SB 11
1162 CORTEZ. AND YOU'RE ALSO
PRESENTING FOR SENATOR HURTADO
TODAY. IS THAT RIGHT? OKAY LET'S
JUST LET'S GO IN FILE ORDER. IF
WE COULD SB 1157, THAT'S
HURTADO'S. BILL. PERFECT. YOU
CAN HAVE A SEAT AT THE TABLE.
IT'S FINE.
IF THERE ARE WITNESSES FOR SB
1157 IN SUPPORT, PLEASE HAVE A
SEAT AT AT THE TABLE. THANK YOU.
WE'LL HEAR FROM SENATOR CORTEZ.
THANK YOU, MADAM CHAIR. I'M HERE
ON BEHALF OF SENATOR HURTADO TO
PRESENT SB 1157, A BILL THAT
CLARIFIES HUMAN TRAFFICKING AND
FORCED LABOR DEFINITIONS, SETS
RULES FOR GOVERNMENT CONTRACTS,
REQUIRES COMPLIANCE PLANS FROM
CALIFORNIA CONTRACTORS, AND
OUTLINES PROCEDURES TO ADDRESS
LABOR ISSUES IN SUPPLY CHAINS. I
WILL ALSO BE ACCEPTING THE
AMENDMENTS NOTED IN THE ANALYSIS
ON HER BEHALF. PUBLIC
PROCUREMENT IS A SIGNIFICANT
PART OF GLOBAL GDP, HIGHLIGHTING
CALIFORNIA'S POTENTIAL TO
INFLUENCE WORKING CONDITIONS
WORLDWIDE THROUGH ITS POLICIES.
FOR TOO LONG, THE UGLY TRUTH OF
FORCED LABOR HAS LURKED BEHIND
THE SCENES OF COUNTLESS
INDUSTRIES. FORCED LABOR IS
FOUND IN VIRTUALLY ALL
INDUSTRIES, AS MANY OF US KNOW,
AND FOR MANY DECADES HAS PLAGUED
SUPPLY CHAINS AND TAINTED THE
PRODUCTS THEY HELP CREATE
REPORTS FROM THE BUREAU OF
INTERNATIONAL LABOR AFFAIRS AND
THE US DEPARTMENT OF LABOR
REVEALS THAT A STAGGERING ARRAY
OF GOODS SPANNING 159 CATEGORIES
FROM 78 COUNTIES FIND THEIR WAY
INTO AMERICAN MARKETS TAINTED BY
THE STAIN OF FORCED LABOR,
VIOLATING BASIC HUMAN RIGHTS.
INTERNATIONAL STANDARDS
CALIFORNIA NHÀ, WHICH IS THE
FIFTH LARGEST ECONOMY IN THE
WORLD, STILL HAS DONE LITTLE TO
FOLLOW THE RECOMMENDATION TO
BETTER RESPOND TO AND PREVENT
LABOR TRAFFICKING. UPDATING
CALIFORNIA'S OWN PROCUREMENT
POLICIES IS AN IMPORTANT STEP IN
COMBATING THIS CRIME, BOTH
GLOBALLY AND IN OUR OWN
BACKYARD, SB 1157 REVISED
EXISTING LAW BY REQUIRING THAT
ANY BUSINESS THAT WISHES TO
CONTRACT WITH THE STATE OF
CALIFORNIA COMPLIES WITH UPDATED
PROVISIONS CURRENTLY ENUMERATED
IN FEDERAL REGULATIONS IN 2016
TO BETTER IDENTIFY AND PREVENT
HUMAN TRAFFICKING. OTHER FORMS
OF LABOR, HUMAN TRAFFICKING, AND
FORCED LABOR HAVE NO PLACE IN A
STATE LIKE CALIFORNIA OR OR IN
THE WORLD FOR THAT MATTER. WE
MUST DO MORE TO PROTECT WORKERS
IN CALIFORNIA AND GLOBALLY.
ANNUALLY THE CALIFORNIA
GOVERNMENT PROCURES OVER $20
BILLION IN GOODS AND SERVICES IN
PASSING SB 1157, THE STATE OF
CALIFORNIA WILL BE ENSURING OUR
PROCUREMENT SYSTEM HAS THE SAME
EXPLICIT PROTECTION STANDARDS AS
THE FEDERAL GOVERNMENT HAS FOR
THE LAST EIGHT YEARS TO PREVENT
HUMAN TRAFFICKING. THIS BILL IS
A MAJOR AND OVERDUE STEP IN
CREATING TRUE PREVENTATIVE
MEASURES TO ADDRESS FORCED LABOR
AND EXPLOITATION IN OUR
PROGRESSIVE STATE. IT HERE TO
TESTIFY. WE HAVE WITH US
ARADHANA TIWARI WITH SUNITA JAIN
, FROM THE ANTI-TRAFFICKING WITH
THE SUNITA JAIN ANTI-TRAFFICKING
INITIATIVE AT LOYOLA LAW SCHOOL.
MADAM CHAIR, I'LL TURN IT BACK
OVER TO YOU. AND I WOULD
RESPECTFULLY ASK FOR YOUR AYE
VOTE AT THE APPROPRIATE TIME.
THANK YOU SO MUCH, SENATOR. AND
BEFORE WE MOVE TO OUR WITNESS,
WE'D LIKE TO GET A QUORUM. SINCE
WE HAVE, THE MAJORITY OF THE
MEMBERS HERE. ASSISTANT, WILL
YOU CALL THE ROLL? ALL RIGHT.
SMALLWOOD. CUEVAS SMALLWOOD.
CUEVAS. HERE. WILK CORTEZ.
CORTEZ HERE. DURAZO. LAIRD.
LAIRD HERE. WE HAVE A QUORUM.
AND CAN WE PLEASE ALSO DO
CONSENT? BECAUSE I KNOW YOU HAVE
TO LEAVE SOON AFTER. SO IF WE
COULD JUST. I'LL WAIT TILL AFTER
THIS BILL AND WE'LL CATCH UP
WITH. OKAY. PERFECT. THANK YOU.
THANK YOU SO MUCH. CORTESE.
WITNESS. PLEASE. YOU HAVE TWO
MINUTES. THANK YOU. THANK YOU.
SENATORS MY NAME IS ARADHNA
TIWARI, AND I AM THE SENIOR
POLICY COUNSEL AT THE SUNITA
JAIN ANTI-TRAFFICKING
INITIATIVE, BASED OUT OF LOYOLA
LAW SCHOOL. THE SUNITA JAIN
ANTI-TRAFFICKING INITIATIVE IS
DEDICATED TO DEVELOPING AND
ADVANCING POLICIES WHICH PREVENT
HUMAN TRAFFICKING AND SUPPORT
SURVIVORS OF HUMAN TRAFFICKING.
I MYSELF WORKED AS AN ATTORNEY
FOR TEN YEARS, REPRESENTING
SURVIVORS OF HUMAN TRAFFICKING,
AS WELL AS THOSE COMMUNITIES
WHICH ARE VULNERABLE TO THIS
TYPE OF CRIME. IT IS FOR THESE
REASONS THAT WE ARE THE PROUD
SPONSOR OF SB 1157, AND I THANK
YOU FOR LETTING ME SPEAK TODAY
ON THIS IMPORTANT PIECE OF
LEGISLATION BASED ON OVER TEN
YEARS OF LEARNING ON HOW TO
BETTER PREVENT HUMAN TRAFFICKING
BEFORE IT STARTS IN OUR SUPPLY
CHAINS. SB 1157 PROVIDES
SPECIFIC AND DETAILED GUIDANCE
TO CALIFORNIA CONTRACTORS ON
CONCRETE ACTIONS THEY MUST TAKE
TO ENSURE GOODS ARE MADE FOR AND
SERVICES USED BY THE STATE OF
CALIFORNIA ARE PRODUCED
ETHICALLY. SB 1157 IS MODELED ON
EXISTING FEDERAL STANDARDS
ENACTED STATUTORILY IN 2016,
WHICH SOUGHT TO PROTECT WORKERS
AND SUPPORT BUSINESSES BY
ADOPTING THESE STANDARDS IN
CALIFORNIA, THE STATE WILL BE
REINFORCING THESE ESTABLISHED,
ESTABLISHED BEST PRACTICES
ALREADY REQUIRED OF COMPANIES
AND ENTITIES DOING BUSINESS WITH
THE FEDERAL GOVERNMENT. THESE
COMPANIES AND ENTITIES INCLUDE,
BUT ARE NOT LIMITED TO
INDUSTRIES OF TECH,
CONSTRUCTION, AUTOMOBILES,
APPAREL, SEAFOOD, SOLAR, FOOD
PROCESSING, ETC. BUSINESSES
WHICH CONTRACT WITH THE FEDERAL
GOVERNMENT HAVE ALREADY TAKEN
STEPS TO MEET THESE FEDERAL
PROCUREMENT STANDARDS AND SHOULD
NOT BE UNDERCUT BY THEIR STATE
GOVERNMENT GIVING THOSE
CONTRACTS TO THOSE WHO ARE NOT
MEETING THOSE STANDARDS OR
TRYING TO MEET THEM. THE MINIMUM
FLOOR STANDARDS IN SB 1157 HELP
TO ESTABLISH CONSISTENCY AND
PROVIDE UNIFORM UNDERSTANDING OF
WHAT ALL COMPANIES NEED TO DO TO
PREVENT HUMAN TRAFFICKING AND
UPHOLD EXISTING LABOR LAWS. IN
CALIFORNIA. AS NOTED IN THE
ANALYSIS, SB 1157 DOES NOT
IMPOSE ANY NEW REQUIREMENTS THAT
ARE NOT ALREADY ILLEGAL. THE NEW
CERTIFICATION REQUIRES
PROHIBITIONS AGAINST TYPES OF
LABOR USED, I MEAN USED, AND
LABOR PRACTICES, AS THE EXPANDED
LIST IS CONSISTENT WITH EXISTING
LABOR LAW PROTECTIONS,
CONTRACTORS ARE ALSO TASKED WITH
EXERCISING DUE DILIGENCE TO
ENSURE SUBCONTRACTORS CERTIFY
COMPLIANCE. INDEED, SB 1157 IS
NOT IMPOSING, IMPOSING NEW LABOR
STANDARDS, BUT RATHER PROVIDING
THE CLEAR GUIDANCE NEEDED TO
ENSURE COMPANIES AND BUSINESSES
ARE MEETING EXISTING LABOR
STANDARDS IN THEIR SUPPLY
CHAINS. THIS SORT OF CLARITY AND
GUIDANCE IS IMPORTANT FOR
BUSINESSES SEEKING TO UPHOLD THE
LAW AND ENFORCE ETHICAL
PRACTICES, BUT ALSO IMPORTANT TO
PROTECT OUR MOST VULNERABLE
WORKERS. THIS BILL STANDS ONLY
TO BENEFIT WORKERS BECAUSE SB
1157 WILL ENSURE THAT COMPANIES
WHO ARE REWARDED AND CONTINUE TO
GET THEIR CONTRACTS FROM THE
STATE OF CALIFORNIA ARE ACTUALLY
IMPLEMENTING AND FOLLOWING
POLICIES AND PRACTICES KNOWN TO
PREVENT HUMAN TRAFFICKING AND
PROTECT WORKER INTEGRITY BY
ENSURING THAT CALIFORNIA WILL
NOT AWARD ITS PUBLIC CONTRACTS
TO PRIVATE COMPANIES THAT ARE
NOT IN COMPLIANCE WITH THESE
STANDARDS, THE STATE CAN TAKE
MAJOR STRIDES TOWARDS
EFFECTUATING CHANGE IN OUR OWN
BACKYARD, AS WELL AS INFLUENCING
SUPPLY CHAINS THROUGHOUT THE
WORLD. IT IS FOR THESE REASONS
THAT WE KINDLY REQUEST YOUR AYE
VOTE ON THIS MATTER. THANK YOU.
ARE THERE ANY OTHER WITNESSES
TODAY? THANK YOU. SO NOW WE WILL
MOVE TO SUPPORT FOR THIS BILL.
ANYONE IN THE ROOM WANT TO VOICE
SUPPORT FOR THIS BILL? PLEASE
COME TO THE MIC. STAKE YOUR
NAME, AFFILIATION AND POSITION.
OKAY. SEEING NONE, ANYONE IN
OPPOSITION TO THIS BILL? ANY
WITNESSES? ANYONE WHO WANT TO
STATE OPPOSITION TO THIS BILL.
OKAY. WE WILL BRING NOW THE
CONVERSATION TO THE MEMBERS. ANY
COMMENTS? SEEING NONE. OKAY.
SEEING NONE. WOULD YOU LIKE TO
CLOSE? OH DID YOU WANT TO SAY I
WAS JUST GOING TO MOVE THE BILL?
THANK YOU SO MUCH. I
RESPECTFULLY ASK FOR YOUR. THANK
YOU SO MUCH, SENATOR CORTESE
ASSISTANT. YOU WANT TO CALL THE
ROLL FOR SB 1157? THE MOTION IS
DUE. PASS TO THE COMMITTEE ON
APPROPRIATIONS. SMALLWOOD
CUEVAS. SMALLWOOD. CUEVAS I WILK
CORTEZ. CORTEZ I DURAZO. LAIRD.
LAIRD I. OKAY, OKAY. THAT IS A
VOTE OF THREE ZERO. THE BILL IS
ON CALL AND WE'LL TAKE IT UP
WHEN WE BRING THE OTHER MEMBERS.
MADAM CHAIR, I WOULD MOVE THE
CONSENT ITEM, WHICH IS ITEM
NUMBER FOUR. THANK YOU. SENATOR
LAIRD. ASSISTANT, PLEASE CALL
THE ROLL ON THE CONSENT
CALENDAR. SMALLWOOD. CUEVAS.
SMALLWOOD CUEVAS. AYE. WILK.
CORTEZ. CORTEZ AYE. DURAZO.
LAIRD. LAIRD AYE. IT'S ON CALL.
OKAY. CONSENT CALENDAR IS OUT.
THREE ZERO. IT'S ON CALL. THANK
YOU SO MUCH. AND, MADAM CHAIR,
WOULD YOU LIKE TO CATCH UP WITH
THE BILLS THAT HAVE BEEN HEARD
AND HAVEN'T HAD A MOTION YET?
YES. LET'S DO THAT. IS THAT ONE,
TWO AND SEVEN? YES. AT THIS
MOMENT, YES IT IS. IT LOOKS LIKE
ONE, TWO AND SEVEN. AND THEN I
WOULD MOVE ITEM NUMBER ONE,
SENATE BILL 962. THANK YOU FOR
THE MOTION, ASSISTANT, PLEASE
CALL THE ROLL FOR SB 962. THE
MOTION IS DUE PASS AS AMENDED TO
THE SENATE FLOOR. SMALLWOOD.
CUEVAS. SMALLWOOD. CUEVAS I
WILK. CORTEZ. CORTEZ I DURAZO.
LAIRD. LAIRD I. THAT BILL IS ON
CALL WITH A VOTE OF 3 TO 0.
THEN, MADAM CHAIR, I WOULD MOVE
ITEM NUMBER TWO, SENATE BILL
1058. THANK YOU. ASSISTANT,
PLEASE CALL THE ROLL FILE. ITEM
NUMBER TWO. THE MOTION IS DUE.
PASS AS AMENDED TO THE SENATE
FLOOR. SMALLWOOD, CUEVAS.
SMALLWOOD. CUEVAS I WILK CORTEZ.
CORTEZ I DURAZO. LAIRD I. LAIRD
I. THAT BILL IS ON CALL WITH A
VOTE OF 3 TO 0. AND THEN, MADAM
CHAIR, I WOULD MOVE ITEM NUMBER
SEVEN, SENATE BILL 1316. THANK
YOU FOR SB 1316. THE MOTION IS
DUE PASSED TO THE COMMITTEE ON
APPROPRIATIONS. OWENS.
SMALLWOOD. CUEVAS. SMALLWOOD.
CUEVAS. I WILK CORTEZ. CORTEZ I
DURAZO LAIRD. LAIRD I. THAT BILL
IS ON CALL WITH A VOTE OF 3 TO
0. THANK YOU, SB 1160. SO NOW WE
ARE GOING TO GO BACK TO OUR FILE
ORDER WITH SENATOR CORTEZ AND
SENATE BILL 1162. YOU MAY
PROCEED. THANK YOU. THANK YOU
AGAIN, MADAM CHAIR, AND MEMBERS
OF THE COMMITTEE, I'M PLEASED TO
PRESENT SB 1162, WHICH IS A BILL
SPONSORED BY THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS, SOMETHING THAT WE'VE
BEEN WORKING ON FOR A NUMBER OF
MONTHS. GOING BACK TO INTERIM
RECESS. THE BILL ENABLES LABOR
MANAGEMENT COOPERATION
COMMITTEES, WHICH ARE KNOWN AS
LMCS, TO ACCURATELY VERIFY
WORKERS HAVE THE APPROPRIATE
TRAINING TO WORK ON A SKILLED
AND TRAINED PROJECT. SO THIS IS
A COMPLIANCE MEASURE. CURRENTLY,
LRMC IS HAVE ACCESS TO CERTIFIED
PAYROLL RECORDS AND ONLINE
DATABASES PROVIDED BY THE
DEPARTMENT OF INDUSTRIAL
RELATIONS, WHICH INCLUDES
INFORMATION ON APPRENTICESHIP
STATUS AND SAFETY TRAINING,
CERTIFICATION BY NAME BY A
WORKER'S NAME. DESPITE ACCESS TO
THAT INFORMATION, LMCS OFTEN
ENCOUNTERED DIFFICULTIES IN
IDENTIFYING THE CORRECT
INDIVIDUAL BECAUSE OF COMMON
NAMES. MULTIPLE WORKERS SHARING
THE SAME NAME. THE SITUATION
UNDERSCORES THE NEED FOR AN
ADDITIONAL UNIQUE IDENTIFIER
THAT CAN EFFECTIVELY
DIFFERENTIATE BETWEEN
INDIVIDUALS. SB 1162 FIXES THIS
BY REQUIRING EMPLOYERS TO
INCLUDE A WORKER'S DATE OF BIRTH
IN THEIR MONTHLY CERTIFIED
PAYROLL RECORDS, WHICH IS
SUBMITTED TO THE LMCS AND ONLY
TO THE LMCS. THIS VITAL ADDITION
EMPOWERS LMCS TO EFFECTIVELY
LOCATE A SPECIFIC WORKER WITHIN
THE DEPARTMENT OF INDUSTRIAL
RELATIONS DATABASE, AND LEVERAGE
THE PROVIDED DATE OF BIRTH TO
ACCURATELY IDENTIFY THE CORRECT
INDIVIDUAL BY ENSURING ACCURATE
ID, LMCS CAN VERIFY WHETHER THE
WORKER MEETS THE ELIGIBILITY
CRITERIA TO WORK ON SKILLED AND
TRAINED PROJECTS IN ALIGNMENT
WITH STATE REGULATIONS. THIS
STREAMLINED VERIFICATION PROCESS
WILL STRENGTHEN OVERSIGHT AND
HELP LMCS TO ENFORCE WAGE AND
LABOR REQUIREMENTS MORE
EFFICIENTLY AND CARRY OUT
LEGISLATIVE INTENT BROUGHT TO
BEAR BY SO MANY OF US HERE.
JOINING US TODAY TO TESTIFY IS
SCOTT WETCH, REPRESENTING THE
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS. AND I WOULD
RESPECTFULLY ASK FOR YOUR AYE
VOTE, MADAM CHAIRMAN. MADAM
CHAIR MEMBERS, SCOTT WELCH ON
BEHALF OF THE STATE ASSOCIATION
OF ELECTRICAL WORKERS. ALSO, THE
CALIFORNIA STATE PIPE TRADES
COUNCIL AND THE WESTERN STATES
COUNCIL OF SHEET METAL WORKERS
FIRST WOULD LIKE TO THANK THE
AUTHOR AND HIS STAFF. THE
GENESIS FOR THIS BILL ACTUALLY
CAME FROM THE SENATOR AND HIS
STAFF. AFTER CONDUCTING A TOUR
AROUND THE STATE TO MEET WITH
STAKEHOLDERS WITH ISSUES
REGARDING PUBLIC WORKS PROJECTS,
AND WE'RE VERY HAPPY TO BE ABLE
TO JOIN HIM IN HELPING SPONSOR
THIS BILL, THE LEGISLATURE HAS
PASSED MANY BILLS, AS YOU ALL
KNOW, REQUIRING SKILLED AND
TRAINED WORKFORCES ON ALL SORTS
OF DIFFERENT TYPES OF PROJECTS.
ONE OF THE PROBLEMS WITH
ENFORCEMENT IS UNDER EXISTING
LAW, A CONTRACTOR MERELY SUBMITS
A MONTHLY REPORT TO THE PROJECT
OWNER STATING THAT THEY ARE IN
COMPLIANCE WITH THE SKILLED AND
TRAINED REQUIREMENT. BUT THEN
THERE'S REALLY NO ENFORCEMENT
AFTER THAT. NOW WE HAVE ACCESS
TO AS DOES THE DEPARTMENT OF
INDUSTRIAL RELATIONS CERTIFIED
PAYROLL RECORDS, WHICH PROVIDE
US WITH THE NAME OF EACH OF THE
WORKERS. BUT THERE'S NO WAY TO
ACTUALLY CONFIRM IF THEY'VE
ACTUALLY GRADUATED FROM A STATE
APPROVED APPRENTICESHIP PROGRAM,
WHICH IS WHAT'S REQUIRED TO MEET
THE DEFINITION OF A SKILLED AND
TRAINED WORKER, THE DEPARTMENT
OF INDUSTRIAL RELATIONS HAS AN
EXISTING DATABASE THAT LISTS ALL
GRADUATES, ANYONE WHO'S EVER
GRADUATED FROM A STATE APPROVED
APPRENTICESHIP PROGRAM. YOU CAN,
ACCESS THAT DATABASE AND YOU CAN
LOOK UP SOMEBODY BY NAME, BUT
OBVIOUSLY WITH MULTIPLE NAMES,
IT'S DIFFICULT TO DIFFERENTIATE
WHO THE PARTICULAR WORKER IS.
THE OTHER TWO IDENTIFYING PIECES
OF INFORMATION THAT, IS ON THAT
DATABASE IS THE LAST FOUR OF A
WORKER'S SOCIAL SECURITY NUMBER,
WHICH IS REDACTED APPROPRIATELY.
AND THEIR DATE OF BIRTH, RATHER
THAN SUGGEST THAT WE SHOULD HAVE
ACCESS TO THE LAST FOUR SOCIAL
SECURITY, BECAUSE HISTORICALLY,
THAT'S BEEN A SENSITIVE ISSUE IN
THIS BUILDING. THE SIMPLE AND
ELEGANT SOLUTION IS JUST TO
REQUIRE THE DATE OF BIRTH AND
THAT WAY, IF SCOTT WELCH CLAIMS
THAT HE GRADUATED FROM A STATE
APPROVED APPRENTICESHIP PROGRAM,
AS AN ELECTRICIAN, THAT CAN
VERY, VERY EASILY BE, CONFIRMED
FORMED BY ACCESSING THAT
DATABASE, SIMPLE BUT VERY
IMPORTANT ELEMENT THAT WOULD
ALLOW FOR ENFORCEMENT. SO WE
WOULD BE HAPPY TO ANSWER ANY
QUESTIONS AND WOULD URGE YOU AND
I VOTE. THANK YOU. THANK YOU,
MR. WELCH. ANYONE SPEAKING IN
SUPPORT OF THE BILL, PLEASE
APPROACH THE MIC AND STATE YOUR
NAME, AFFILIATION AND POSITION.
MADAM CHAIR, MEMBERS, MIKE WEST,
ON BEHALF OF THE STATE BUILDING
TRADES, ALSO IN SUPPORT. THANK
YOU, MADAM CHAIR AND MEMBERS,
MATT CREMEANS, ON BEHALF OF THE
CALIFORNIA NEVADA CONFERENCE OF
OPERATING ENGINEERS IN SUPPORT
VINCE SEGRUE ON BEHALF OF SHEET
METAL WORKERS LOCAL 104, IN
SUPPORT. THANK YOU. OKAY, THEN
WE WILL MOVE TO OPPOSITION. IS
THERE AN OPPOSITION WITNESS?
SPEAKER AGAINST THIS BILL TODAY?
IS THERE ANYONE SPEAKING IN
OPPOSITION TO THIS BILL TODAY?
SEEING NONE, WE WILL BRING IT
BACK TO THE MEMBERS, TO MEMBER
ONE, MEMBER THE ONE AND ONLY. I
WOULD MOVE THE OH, EXCUSE ME,
SENATOR. YEAH, I'M THE ONE THAT
CAN MOVE THE BILL THOUGH, SO I
WILL MOVE THE BILL. WONDERFUL
THANK YOU FOR THAT MOTION.
SENATOR CORTEZ, WOULD YOU LIKE
TO CLOSE POINT? WELL TAKEN,
SENATOR LAIRD. AND MADAM CHAIR,
I APPRECIATE THE EFFORTS OF THE
COMMITTEE TO DIVE INTO THIS
BILL, AND THE ANTICIPATED
SUPPORT. BUT I DO RESPECTFULLY
ASK FOR YOUR. AYE, VOTE. THANK
YOU. WE ARE READY. ASSISTANT TO
CALL THE ROLL FOR FILE ITEM
EIGHT, SB 1162. THE MOTION IS
DUE PASSED THE COMMITTEE ON
RULES, SMOLLETT CUEVAS.
SMALLWOOD. CUEVAS I WILK CORTEZ.
CORTEZ. I DURAZO LAIRD. LAIRD I
CALL THIS BILL. IS ON CALL WITH
A VOTE OF 3 TO 0. OKAY, WE'RE
GOING TO MOVE TO FILE ITEM
NUMBER SIX. SENATOR CABALLERO.
THANK YOU. SB 1303. SENATOR, YOU
MAY PROCEED. THANK YOU VERY MUCH
. GOOD. GOOD MORNING, MADAM
CHAIR. AND MEMBERS OF THE
COMMITTEE, THANK YOU FOR THE
OPPORTUNITY TO PRESENT SB 1303,
AN IMPORTANT BILL TO HELP
INCREASE ACCOUNTABILITY ON
PUBLIC WORKS PROJECTS. I WOULD
LIKE TO THANK THE CHAIR AND THE
COMMITTEE STAFF FOR THEIR WORK
ON THIS ISSUE, AND, AND THE
LABOR CODE GOVERNING LOCAL
GOVERNMENT PUBLIC WORKS PROJECTS
MANDATES THAT ALL WORKERS
RECEIVE PREVAILING WAGES. PUBLIC
AGENCIES MUST ENSURE COMPLIANCE
WITH THESE LAWS. BUT
INCREASINGLY THIS ENFORCEMENT IS
DELEGATED TO PRIVATE FOR PROFIT,
THIRD PARTY COMPLIANCE
COMPANIES. THAT'S THE NEW TREND.
IS TO FOR LOCAL GOVERNMENT TO
GET OUT OF THE BUSINESS OF DOING
THIS AND TO HIRE FOR PROFIT,
THIRD PARTY COMPLIANCE
COMPANIES. IF THE COMPLIANCE
COMPANIES FIND EVIDENCE OF A
VIOLATION, THEY CAN TAKE
PUNITIVE ACTION AGAINST THE
CONTRACTOR BY WITHHOLDING
PAYMENT WITHOUT DUE PROCESS. THE
COMPLIANCE COMPANIES FUNCTION
WITH MINIMAL AND INCONSISTENT
PROCESSES. PROCESSES. DESPITE
RECEIVING PUBLIC DOLLARS TO DO
THIS WORK. ADDITIONALLY THE LACK
OF RULES REGARDING CONFLICTS OF
INTEREST AND PRIOR AFFILIATIONS
WITH CONTRACTORS CAN COMPROMISE
ENFORCEMENT INTEGRITY. THIS BILL
WILL ENSURE THAT IF A PUBLIC
AGENCY CONTRACT WITH THE PRIVATE
CONTRACTOR TO COMPLETE A PUBLIC
WORKS PROJECT AND DELEGATES THE
ENFORCEMENT OF LABOR COMPLIANCE
TO A FOR PROFIT THIRD PARTY
COMPLIANCE, COMPANY LAWS ARE IN
PLACE TO PROTECT THE INTEGRITY
OF THE PROCESS. SB 1303 WILL
REQUIRE THIRD PARTY COMPLIANCE
COMPANIES TO DISCLOSE ANY
CONFLICT OF INTEREST TO THE
DIVISION OF LABOR STANDARDS
ENFORCEMENT AND TO AWARDING
AGENCIES, AND WILL PROHIBIT
THIRD PARTY COMPLIANCE COMPANIES
FROM RECEIVING CONTRACTS. IF
THAT CONFLICT ARISES. THE BILL
WILL ESTABLISH A STRUCTURED
PROCESS FOR THIRD PARTY
COMPLIANCE COMPANIES TO FOLLOW
IF THEY BELIEVE A VIOLATION HAS
OCCURRED, ENSURING FAIRNESS AND
TRANSPARENCY IN THE ENFORCEMENT
PROCESS. FINALLY, THE BILL
MANDATES THAT AWARDING AGENCIES
AND THIRD PARTY COMPLIANCE
COMPANIES SEEK RESOLUTION OF
DISPUTED LABOR LAW VIOLATIONS BY
BY CONFERRING WITH THE
CONTRACTORS BEFORE WITHHOLDING
FUNDS AND STALLING OUT PROJECTS
WHEN A PROJECT IS STALLED,
NOBODY'S WORKING. THE PROJECT
ISN'T PROCEEDING, AND THERE'S
DISAGREEMENT. AND SO THIS WOULD
HOPEFULLY ADDRESS THAT WOULD I
WOULD ALSO LIKE TO RECOGNIZE THE
CONCERNS RAISED, THE CONCERNS
RAISED BY THE ASSOCIATED GENERAL
CONTRACTORS. UNFORTUNATELY DUE
TO TIMING, WE ARE UNABLE TO,
PROVIDE THE LANGUAGE FOR THIS
ISSUE. WE'VE SENT IT IN TO
COUNCIL TO MOCK IT UP AND THEN
TO SHARE. BUT I COMMIT TO
WORKING WITH THEM. IF THE IF THE
BILL MOVES FORWARD, FORWARD. SO
WITH ME TODAY TO TESTIFY IN
SUPPORT OF THE BILL AND HELP
ADDRESS ANY QUESTIONS, IT, AND
I'M GOING TO MESS THIS UP. I'M
SORRY. GEORGE TIÂU FROM THE
CALIFORNIA LABOR FEDERATION AND
MATTHEW CREMEANS FROM THE
CALIFORNIA NEVADA CONFERENCE OF
OPERATING ENGINEERS. THANK YOU.
SIR. YOU HAVE TWO MINUTES. THANK
YOU, GOOD MORNING, CHAIR AND
MEMBERS, GEORGE BROWN, TH¤U,
SPEAKING ON BEHALF OF THE
CALIFORNIA LABOR FEDERATION. THE
FEDERATION SUPPORTS EFFORTS AND
FORCED CALIFORNIA'S LABOR LAWS
AT EVERY WORKSITE, BUT
ESPECIALLY AT PUBLIC WORKS
PROJECTS WHERE PRIVATE COMPANIES
ARE FUNDED BY TAXPAYER DOLLARS.
SB 1303 WILL HELP. HELP ACHIEVE
THIS GOAL BY INCREASING
ACCOUNTABILITY FOR PROFIT LABOR
COMPLIANCE ENTITIES WHICH
OVERSEE CERTAIN PUBLIC WORKS
PROJECTS. UNDER EXISTING LAW,
PUBLIC AGENCIES THAT AWARD FUNDS
FOR PUBLIC WORKS PROJECTS MUST
ENSURE THAT PARTIES COMPLY WITH
LABOR STANDARDS. RECENTLY, WE
HAVE SEEN AN INCREASE IN THESE
PUBLIC AGENCIES CONTRACTING OUT
THIS INCREDIBLY IMPORTANT
COMPLIANCE WORK TO FOR PROFIT
COMPANIES. AS NOTED IN THE
COMMITTEE ANALYSIS, THESE FOR
PROFIT COMPANIES OPERATE WITH
LITTLE TO NO STATE REGULATION OR
OVERSIGHT. THIS HURTS
CONTRACTORS, THE STATE AND THE
CONSTRUCTION WORKERS WHO DEPEND
ON PUBLIC WORKS PROJECTS FOR
THEIR LIVELIHOODS. FOR EXAMPLE,
ONE MAJOR GAP IN THE CURRENT LAW
IS THAT THESE, FOR PROFIT
COMPANIES CAN OVERSEE PROJECTS
EVEN IF THEY HAVE PROBLEMATIC
CONFLICTS OF INTEREST. THIS
LEADS TO COMPLIANCE GROUPS
SUBJECTIVELY ENFORCING LAWS IN
WAYS THAT UNFAIRLY STALL PUBLIC
WORKS CONTRACTS OR ABRUPTLY
FREEZE THE FUNDING THAT PAYS
CONSTRUCTION WORKERS FOR THEIR
HARD WORK. THAT IS UNACCEPTABLE.
SB 1303 BRINGS MUCH NEEDED
ACCOUNTABILITY TO THESE PRIVATE
COMPLIANCE GROUPS BY REQUIRING
THEM TO FULLY DISCLOSE POTENTIAL
CONFLICTS OF INTEREST TO
AWARDING ENTITIES WITH THIS
SIMPLE FIX, SB 1303 WILL ENSURE
THAT THESE COMPANIES AND THE
PUBLIC AGENCIES THAT CONTRACT
WORK TO THEM ARE HELD, ARE FULLY
ACCOUNTABLE AND ARE EFFECTIVELY
ENFORCING OUR LABOR LAWS TO
PROTECT WORKERS AND TAXPAYER
FUNDS. WITH THAT, WE URGE AYE
VOTE ON SB 1303. THANK YOU.
THANK YOU VERY MUCH. AND NEXT
WITNESS. THANK YOU, MADAM
CHAIRMAN AND MEMBERS, MATT
CREMEANS HERE ON BEHALF OF THE
CALIFORNIA NEVADA CONFERENCE OF
OPERATING ENGINEERS. WE ARE THE
PROUD SPONSORS OF SB 1303, WHICH
WOULD PROVIDE SOME NEEDED
CLARITY AND GUIDANCE AS IT
RELATES TO AWARDING AGENCIES
CHOOSING TO CONTRACT OUT LABOR
COMPLIANCE MONITORING ACTIVITIES
. AS MENTIONED, EXISTING LAW
PURSUANT TO LABOR CODE SECTION
1726 AUTHORIZES AWARDING
AGENCIES OF PUBLIC WORKS
PROJECTS TO WITHHOLD PAYMENTS
FROM CONTRACTORS IN SITUATIONS
IN WHICH THEY DETERMINED THAT
THE LAW IS NOT BEING FOLLOWED,
AND I WOULD NOTE THAT THIS IS
STRONG PUBLIC POLICY THAT
ENSURES OUR STRONG PUBLIC WORKS
LAWS ARE BEING ADHERED TO.
HOWEVER, JOINT LABOR MANAGEMENT
COMMITTEES AND LABOR COMPLIANCE
ENTITIES HAVE NOTED INCREASING
INSTANCES OF THESE. OF THESE, OF
THIS PROCESS BEING TURNED OVER
TO THIRD PARTIES, WHO THEN HAVE
THE POWERFUL STEP OF BEING ABLE
TO WITHHOLD FUNDS FROM
CONTRACTORS. IT'S IMPORTANT TO
NOTE THAT IN MANY CASES, THESE
THIRD PARTY GROUPS ARE NOT
THEMSELVES PARTY TO COLLECTIVE
BARGAINING AGREEMENTS AND ARE
NOT NECESSARILY WELL VERSED IN
HOW COLLECTIVE BARGAINING
AGREEMENTS INTERACT WITH
EXISTING LAW, AND THIS HAS LED
TO HIGH ROAD UNION CONTRACTORS
HAVING FUNDS WITHHELD FROM THEM
ON PUBLIC WORKS PROJECTS.
ADDITIONALLY IT HAS BEEN FOUND
IN MANY INSTANCES THAT THESE
GROUPS HAVE AN INHERENT CONFLICT
OF INTEREST AND THAT THEY DO
CONTRACT WORK WITH THE AWARDING
AGENCY, AS WELL AS THE
CONTRACTORS WHO ARE BIDDING ON
THE PUBLIC WORKS PROJECT OF THE
AWARDING AGENCY. MOST
IMPORTANTLY, THOUGH, THERE IS
CURRENTLY NOTHING IN STATUTE TO
OUR KNOWLEDGE, THAT AUTHORIZES
THESE GROUPS TO TAKE ON THIS
POWERFUL RESPONSIBILITY, NOR IS
THERE ANY STATUTORY GUIDANCE TO
DICTATE HOW THEY WOULD OPERATE.
SO WITH ALL THAT BEING SAID, SB
1303 SIMPLY SEEKS TO PROVIDE
SOME STATUTORY GUIDANCE AS IT
RELATES TO THESE GROUPS.
SPECIFICALLY THE BILL WOULD
REQUIRE THESE COMPLIANCE GROUPS
TO DISCLOSE OF A CONFLICT OF
INTEREST IF ONE EXISTS, AND
WOULD PROHIBIT THEM FROM
MONITORING PROJECTS OF WHICH A
CONFLICT EXISTS. THE BILL WOULD
ALSO ESTABLISH A PROCESS WHEREBY
THESE FOR PROFIT COMPLIANCE
GROUPS SHALL BE REQUIRED TO MEET
AND CONFER WITH CONTRACTORS AND
NEGOTIATING PARTIES ON THESE
PROJECTS, AND NOTIFY THE
DIVISION OF LABOR STANDARDS
ENFORCEMENT OF THEIR INTENT TO
WITHHOLD FUNDS BY PROVIDING THE
STATUTORY GUIDANCE. WE WILL BE
PROTECTING HIGH ROAD CONTRACTORS
AND THEIR EMPLOYEES FROM
UNNECESSARY PAYMENT DELAYS, AND
WE'LL BE ENSURING THAT THIRD
PARTY COMPLIANCE GROUPS ARE
ENFORCING THE LABOR LAW IN A
FAIR AND EQUITABLE MANNER.
RESPECTFULLY REQUEST YOUR I
VOTE. THANK YOU. THANK YOU, ARE
THERE ANY OTHER FOLKS IN THE
ROOM THAT WANT TO SPEAK IN
SUPPORT OF THIS BILL? PLEASE
STEP FORWARD. STATE YOUR NAME,
AFFILIATION, AND POSITION. MADAM
CHAIR MIKE WEST ON BEHALF OF THE
STATE BUILDING TRADES. ALSO IN
SUPPORT. THANK YOU, THANK YOU.
YOU'RE BUSY TODAY, MIKE. I SEE
THAT, MADAM CHAIR, MEMBERS OF
THE COMMITTEE, ROB CARRY ONS
SPECIAL REP FOR THE OPERATING
ENGINEERS, LOCAL THREE. AND WE
SUPPORT THIS BILL. THANK YOU.
THANK YOU VINCE, ON BEHALF OF
SHEET METAL WORKERS LOCAL 104 IN
SUPPORT. THANK YOU, SASHA
HOROWITZ, ON BEHALF OF LOS
ANGELES UNIFIED SCHOOL DISTRICT.
WE'RE ACTUALLY NEUTRAL ON THE
BILL, BUT WE WANT TO APPRECIATE
THE AUTHOR AND THE COMMITTEE FOR
WORKING WITH US ON SOME
AMENDMENTS THAT WE THOUGHT WERE
MINOR AND CLARIFYING. THANK YOU.
THANK YOU. OKAY, I THINK THAT'S
IT. ON SUPPORT. SO LET'S MOVE TO
OPPOSITION. ANYONE HERE? ANY
WITNESSES TO SPEAK IN OPPOSITION
OF THE BILL? PLEASE STEP TO THE
TABLE. I DON'T KNOW. WELL, YEAH.
MAYBE WE CAN SWITCH OUT. YEAH.
TO THE FRONT MIC THERE. THANK
YOU. WE HAVE LIMITED SEATS AT
THIS TABLE. LITTLE MUSICAL
CHAIRS. YOU HAVE TWO MINUTES.
THANK YOU, THANK YOU. GOOD
MORNING. CHAIR MEMBERS MELANIE
PERRON ON BEHALF OF THE
ASSOCIATED GENERAL CONTRACTORS
OF CALIFORNIA, I'M A LITTLE
UNCOMFORTABLE BEING THE FIRST
PERSON OPPOSING A BILL THIS
MORNING, BUT HERE I AM. BUT IN
GOOD NEWS, WE ARE OPPOSED UNLESS
AMENDED. APPRECIATE THE
ENGAGEMENT FROM THE SENATOR AND
THE SPONSOR THAT WE ARE LOOKING
FORWARD TO. THE AMENDMENTS TO
CLARIFY SOME OF OUR CONCERNS,
AND THAT SHOULD REMOVE OUR
OPPOSITION FROM THE BILL ONCE
THOSE GO INTO PRINT. SO THANK
YOU. THANK YOU. OKAY. ANYONE
ELSE? NO OTHER WITNESSES I THINK
IN OPPOSITION. ANYONE ELSE WANT
TO SPEAK IN OPPOSITION OF THE
BILL? PLEASE COME TO THE MIC.
OKAY. SEEING NONE, I THINK WE
WILL MOVE TO OUR MEMBER WHO'S ON
THE DAIS. I THINK WE LOST. WANT
TO MAKE A MOTION? THANK YOU SO
MUCH. SO THANK YOU. WE HAVE A
MOTION FROM SENATOR CORTESE.
WOULD YOU LIKE TO CLOSE? SENATOR
CABALLERO, I RESPECTFULLY ASK
FOR YOUR. AYE VOTE TODAY. THANK
YOU, THANK YOU. ASSISTANT,
PLEASE CALL THE ROLL FOR FILE
ITEM SIX. THE MOTION IS DUE
PASSED. THE COMMITTEE ON THE
JUDICIARY, SMALLWOOD. CUEVAS
SMALLWOOD. CUEVAS I WILK CORTEZ.
CORTEZ I DURAZO LAIRD. THIS BILL
IS ON CALL WITH A VOTE OF 2 TO
0. THANK YOU. WE'LL TAKE IT UP
LATER WHEN THE OTHER MEMBERS ARE
HERE. THANK YOU. OUR.
OKAY. IF, HAVE EVERYONE'S
ATTENTION. WHY A LITTLE BIT OF
NOISE COME THROUGH THE DOOR
THERE. I'VE BEEN ASKED TO
PRESIDE, AND WE WILL NOW PROCEED
WITH THE SENATOR SMALLWOOD.
CUEVAS, FILE ITEM TEN, SB 1089.
PLEASE PROCEED WHENEVER YOU'RE
READY. SENATOR LET'S SEE. CAN
YOU HEAR ME? OKAY, GREAT. GOOD
MORNING. THANK YOU SO MUCH,
ACTING CHAIR, AND MEMBER, I'M
PLEASED TO PRESENT, OUR
WONDERFUL BILL, SB 1089. THIS IS
AN IMPORTANT BILL THAT IS COMING
FORWARD, SPONSORED BY UFC W IN
PARTNERSHIP WITH THE CALIFORNIA
LEGISLATIVE BLACK CAUCUS. THIS
IS A PRIORITY REPARATIONS BILL,
PACKAGE. AND REALLY WANT TO
THANK OUR SPONSORS FOR WORKING
SO HARD ON THIS BILL IN 2020,
THE LEGISLATURE PASSED AB 3121
TO AUTHORIZE A REPARATIONS TASK
FORCE TO STUDY THE ONGOING
EFFECTS OF SLAVERY ON AFRICAN
AMERICANS. AND AFTER YEARS OF
STUDY, THE TASK FORCE OFFERED A
SLATE OF HUNDREDS OF
RECOMMENDATIONS AND ACTIONS FOR
THE LEGISLATURE TO TAKE IN ORDER
TO ADDRESS THE ONGOING
INEQUALITIES IN WEALTH AND
HOUSING AND HEALTH, SPECIFICALLY
, THE TASK FORCE REPORT CALLED
UPON THE LEGISLATURE TO REQUIRE
GROCERY STORES AND PHARMACIES TO
PROVIDE ADVANCED NOTIFICATION
OPTION TO THEIR COMMUNITIES AND
EMPLOYEES WHEN THEY DECIDE TO
CLOSE. THE LONG STANDING HISTORY
OF REDLINING AND DISINVESTMENT
IN AFRICAN AMERICANS. COMMUNITY
HAS COMMUNITIES HAVE LEFT MANY
NEIGHBORHOODS WITH DIMINISHED
ACCESS TO GROCERY STORES AND
PHARMACIES. THE NUMBERS SPEAK
FOR THEMSELVES. 1 IN 5 BLACK
PEOPLE FACE FOOD INSECURITY,
WITH WHITE NEIGHBORHOODS ON
AVERAGE, AN AVERAGE HAVING FOUR
TIMES AS MANY SUPERMARKETS, AS
PREDOMINANTLY AFRICAN AMERICAN
NEIGHBORHOODS, IN SOUTH LOS
ANGELES, THE COMMUNITY I
REPRESENT AND LIVE, WE SEE REAL
HEALTH EFFECTS OF FOOD DESERTS
ON OUR MOST VULNERABLE
COMMUNITIES WHO HAVE EASIER
ACCESS TO LIQUOR STORES AND FAST
FOOD THAN FRESH FRUITS AND
VEGETABLES. IN GROCERY STORES.
THIS HAS CONTRIBUTED TO SOUTH
LOS ANGELES HAVING THE HIGHEST
RATES OF ILLNESSES LIKE HEART
DISEASE AND DIABETES IN ALL OF
THE COUNTY, AND IN OUR CRENSHAW
CORRIDOR, WHICH IS A
PREDOMINANTLY BLACK COMMUNITY IN
LOS ANGELES, ONCE HOME TO THREE
UNIONIZED GROCERY STORES ON
THIS, YOU KNOW, HISTORIC AND
LARGE AND LONG BOULEVARD. THERE
ARE NOW ALL BUT ONE STORE. AND
THAT FURTHER EXACERBATES THE
HEALTH DISPARITIES, BUT ALSO THE
WEALTH BUILDING AS THESE JOBS
ARE LOST. AND BLACK AND BROWN
COMMUNITIES SIMILARLY, THE FOOD
DESERTS DECREASE, ACCESS TO
PHARMACIES HAVE ALSO TURNED SOME
BLACK COMMUNITIES COMMUNITIES
INTO PHARMACY DESERTS. AND THAT
IS TRUE TREMENDOUSLY TOUGH AS WE
HAVE COMMUNITIES THAT ARE
DEALING WITH PREVENTABLE
DISEASES LIKE DIABETES AND
HYPERTENSION AND DON'T HAVE
ACCESS TO THE MEDICATIONS THAT
THEY, THAT THEY NEED, AND THIS
IS A BASIC, RIGHT, FOR SO MANY,
ABRUPT CLOSURES OF GROCERY
STORES AND PHARMACIES CAN HAVE
IMPACTS THAT ARE LEFT AND FELT
MOST ACCURATELY BY OUR, LOWER
INCOME AND LOW WAGE WORKING
COMMUNITIES. AND WHEN PHARMACIES
CLOSE AND PRESCRIPTIONS ARE
SOLD. SO WHEN YOU WHEN YOU CLOSE
A PHARMACY, THEY SELL THOSE
PRESCRIPTIONS, THOSE
PRESCRIPTIONS TO OTHER
PHARMACIES. OFTENTIMES FAR OUT
OF THE REACH OF ACCESS FOR OUR
COMMUNITIES, THAT RELY ON THEM.
SIMILARLY, GROCERY STORE
CLOSURES CAN BE PARTICULARLY
HARMFUL TO BLACK COMMUNITIES WHO
ARE MORE LIKELY TO RELY ON FOOD
BENEFIT PROGRAMS SUCH AS
CALFRESH AND WILK, AND MAY NOT
FIND COMPARABLE SERVICES IN
THESE GROCERY STORES SHOULD THEY
BE CLOSED AND MOVED OUTSIDE OF
THE COMMUNITY, AND WE KNOW THAT
IN IN THAT INSTANCE, WHEN LOWER
INCOME COMMUNITIES AND BLACK
COMMUNITIES DO SHOP AND OTHER
NEIGHBORHOODS, THEY OFTEN FACE
DISCRIMINATION, AND
MALTREATMENT. AND SO THIS
EXACERBATES THE DEEPER PROBLEM
THAT WE'RE TRYING TO FIX THROUGH
OUR REPARATIONS PACKAGE, EARLIER
THIS YEAR, COMMUNITY ACTIVISTS
AND ORGANIZERS FOUGHT TO KEEP
OPEN THE ONLY SAFEWAY STORE IN
SAN FRANCISCO'S WESTERN
ADDITION, WHICH SERVED THE LARGE
AND ONLY REMAINING LARGE BLACK
POPULATION IN THAT CITY. AND
THERE WAS, TREMENDOUS, UPRISING
FROM CHURCHES AND NEIGHBORHOOD
GROUPS TO FIGHT TO, TO KEEP THAT
STORE OPEN. SB 1089 WOULD ENSURE
THAT IN THESE SITUATIONS,
COMMUNITIES HAVE ADVANCED NOTICE
AND ACCESS TO THE INFORMATION
THEY NEED AS A RESULT OF JOB
LOSS. PRESCRIPTION TRANSFER,
TRANSFER OR DECREASE ACCESS TO
FOOD AND MEDICATION. SB 1089
REQUIRES A 90 DAY NOTIFICATION
BEFORE THE CLOSURES TAKE EFFECT
TO THE EMPLOYEES AND TO THE
COMMUNITY MOST IMPACTED. IT ALSO
REQUIRES THAT THE EMPLOYER
DEVELOPMENT DEPARTMENT, THE
DEPARTMENT OF SOCIAL SERVICES,
AND LOCAL WORKFORCE AND HUMAN
SERVICES DEPARTMENT BE NOTIFIED
DODD AND WOULD ALSO REQUIRE
PHARMACIES TO INFORM PATIENTS OF
THE NAME AND CONTACT OF THE
PHARMACY, WHERE ANY
PRESCRIPTIONS WILL BE
TRANSFERRED. FINALLY, THE BILL
WOULD ALSO REQUIRE THAT COUNTIES
PROVIDE THE CLOSING
ESTABLISHMENT WITH INFORMATION
ABOUT SAFETY NET PROGRAMS LIKE
UNEMPLOYMENT INSURANCE, CALWORKS
MEDI-CAL TO ENSURE WORKERS KNOW
THE RESOURCES THEY HAVE ACCESS
TO, AND COMMUNITY MEMBERS HAVE
ACCESS TO THIS IS THE FIRST OF
MANY BILLS THAT WE WILL HEAR IN
THE LEGISLATURE AS PART OF THE
BLACK CAUCUS'S EFFORT TO RESTORE
BLACK CALIFORNIA FOR ALL
CALIFORNIA, AND TO DO THIS, WE
MUST PROTECT OUR MOST BASIC
NECESSITIES FOOD AND MEDICINE.
AND WITH ME TODAY, I HAVE SARAH
GOLDBAUM OF THE GROCERY STORE
WORKERS UNION, UFCW LOCAL 135,
AND CHRISTOPHER SANCHEZ WITH THE
WESTERN CENTER ON LAW AND
POVERTY AND GRASSY GREWAL IS
HERE WITH US FOR ANY TECHNICAL
QUESTIONS WITH UCF, IF YOU
SHOULD HAVE THEM. THANK YOU. ALL
RIGHT. THANK YOU, SENATOR. AND
YOU MAY PROCEED IN WHATEVER
ORDER YOU CHOOSE. PERFECT YOU
HAVE A COUPLE OF MINUTES EACH.
IS THAT CORRECT? IN THIS
COMMITTEE? 2.5 MINUTES EACH.
TWO. THANK YOU. PERFECT. CAN YOU
HEAR ME? WE'RE ALL GOOD. YES.
ALLOWING ME TO SPEAK. SO MY NAME
IS SARAH MAYA GOLDBAUM. I'M A
FORMER GROCERY WORKER FOR 13
YEARS AND NOW I WORK FOR UFCW
LOCAL 135 IN SAN DIEGO. I AM
HERE TESTIFYING IN SUPPORT OF SB
1089. THIS BILL IS CLOSE TO MY
HEART. MY COWORKERS AND I HAVE
PERSONALLY FACED THE
REPERCUSSIONS OF STORE CLOSURES
IN 2015, THE VONS GROCERY STORE
WHERE I WORKED AT UNDERWENT A
TRANSITION TO HAGGEN. INITIALLY
REASSURED THAT HAGEN WAS A
STABLE, FAMILY ORIENTED COMPANY,
WE SOON FOUND OURSELVES
BLINDSIDED BY THE STORE'S SUDDEN
CLOSURE. AFTER ONLY EIGHT
MONTHS, MANY COWORKERS WHO HAD
BEEN WITH THE COMPANY FOR A LONG
TIME MAKING TOP WAGES, HAD A
DIFFICULT TIME FINDING WORK, AND
MANY OF US STAYED UNTIL THE
STORE CLOSED. FORCED TO RELY ON
UNEMPLOYMENT BENEFITS, I FOUND
MYSELF STRUGGLING TO MAKE ENDS
MEET, RELYING ON CREDIT CARDS TO
COVER BASIC EXPENSES. AFTER FOUR
MONTHS OF TRYING TO FIND A NEW
JOB, I WAS REHIRED AT VONS, BUT
I LOST MY FULL TIME STATUS,
EXPERIENCED A REDUCTION IN HOURS
, WAGES AND BENEFITS IF WE WERE
GIVEN 90 DAY NOTICE. MANY OF US
COULD HAVE HAD MORE TIME TO FIND
A GOOD UNION JOB OR PLAN TO
PREPARE FINANCIALLY. SINCE MANY
OF OUR GROCERY WORKERS ARE PAID
LIVE PAYCHECK TO PAYCHECK EVEN
AFTER NINE YEARS, MANY OF MY
COWORKERS STILL GRAPPLE WITH THE
AFTERMATH OF HAGEN. FROM LOST
POSITIONS TO ONGOING DEBT, THE
IMPACT OF STORE CLOSURES EXTEND
FAR BEYOND PROFESSIONAL SETBACKS
AFFECTING LIVES IN PROFOUND WAYS
THAT ARE OFTEN GO UNNOTICED. IF
SB 1089 HAD BEEN IN LAW IN 2015,
AND MY COWORKERS AND I HAD
RECEIVED INFORMATION ON SAFETY
NET PROGRAMS AND LOCAL WORKFORCE
TRAINING SERVICES, MAYBE THE
OUTCOME FOR MY COWORKERS AND I
WOULD HAVE BEEN DIFFERENT. SO
I'M HERE ASKING TO PLEASE
SUPPORT SB 1089 FOR ALL GROCERY
AND PHARMACY STORE WORKERS WHO
RELY ON THE ENTIAL GOODS AND
SERVICES. THANK YOU. THANK YOU.
GOOD MORNING, MR. CHAIRMAN.
MEMBERS CHRISTOPHER SANCHEZ WITH
THE MESA RATHER GROUP HERE
PROVIDING TESTIMONY ON BEHALF OF
THE WESTERN CENTER ON LAW AND
POVERTY AND WHO IS IN STRONG
SUPPORT OF SB 1089, AND ON
BEHALF OF THE CONSUMER
FEDERATION OF CALIFORNIA, WHO IS
ALSO IN STRONG SUPPORT. BRIEFLY,
I WOULD LIKE TO HIGHLIGHT
SEVERAL IMPORTANT IMPACTS. WE
KNOW HISTORICALLY, WHEN GROCERY
STORES HAVE CLOSED, THEY'VE
CLOSED IN BLACK AND BROWN
COMMUNITIES, REGARDLESS OF THE
INCOME OF THAT COMMUNITY AND THE
WEALTH OF THAT COMMUNITY, WE
KNOW THAT THE IMPACTS GO FAR
BEYOND THE CREATING, THE
INABILITY FOR COMMUNITIES TO
ACCESS HEALTHY AND NUTRITIOUS
FOOD. IT IMPACTS THE OVERALL
QUALITY OF LIFE, THE VALUE OF
THE HOMES IN THAT COMMUNITY AND
EMPLOYMENT. AS PREVIOUSLY
MENTIONED, SB 1089 ALLOWS FOR
COMMUNITIES TO ENSURE THAT
THEY'RE WELL AWARE OF THESE
CLOSURES AND SO THEY CAN HAVE A
VOICE IN THE PROCESS AND MAKE
THE BEST DECISIONS THAT IS IN
THEIR OWN INTEREST. THANK YOU,
MEMBERS, AND WE URGE YOUR AYE
VOTE. THANK YOU, IS THERE ANYONE
ELSE IN THE COMMITTEE ROOM WHO
WISHES TO EXPRESS THE SUPPORT
POSITION? IF SO, PLEASE COME
FORWARD. MARIKO YOSHIHARA, ON
BEHALF OF THE CALIFORNIA
COALITION FOR WORKER POWER AND
SUPPORT. GOOD MORNING, GLENN
BACCHUS FOR THE ELLA BAKER
CENTER FOR HUMAN RIGHTS IN
SUPPORT. TO MR. HERRING, ON
BEHALF OF THE CALIFORNIA HAWAII
NAACP IN STRONG SUPPORT. GEORGE
BROWN, TH¤U ON BEHALF OF THE
CALIFORNIA LABOR FEDERATION IN
SUPPORT. THANK YOU. MEGAN ORTIZ,
ALSO A CONSTITUENT IN SUPPORT.
ALL RIGHT, SEEING NO OTHER
SUPPORT WITNESSES COME FORWARD.
DO WE HAVE AN OPPOSITION Kò
OPPOSITION WITNESS OR LEAD
OPPOSITION WITNESS? I SHOULD SAY
MR. BROWN AND. I AND AGAIN,
YOU'LL HAVE A COUPLE MINUTES
EACH. AND PLEASE PROCEED WHEN
READY. THANK YOU, MR. CHAIR.
MEMBERS OF THE COMMITTEE, LOUIS
BROWN, HERE TODAY ON BEHALF OF
THE CALIFORNIA GROCERS
ASSOCIATION, IN OPPOSITION TO
THE BILL, LET ME FIRST STATE
THAT WE TAKE THIS ISSUE OF FOOD
DESERTS VERY SERIOUSLY, BUT THIS
BILL IS NOT GOING TO ADDRESS
THAT ISSUE, WE ARE ALREADY
REQUIRED BY THE FEDERAL AND
STATE LAW TO PROVIDE WARN ACT
NOTICES. THAT'S TWO NOTICES THAT
WE'RE REQUIRED TO, PROVIDE TO
OUR EMPLOYEES. LOCAL GOVERNMENT,
THE LOCAL WORKFORCE BOARD AND ED
, THIS WILL PROVIDE A THIRD
NOTICE. IT WILL NOT STOP STORE
CLOSURES. THE PROBLEM WITH THIS
THIRD NOTICE IS THAT IT HAS
AMBIGUITY AND VAGUENESS. IT ALSO
COMES WITH A PRIVATE RIGHT OF
ACTION. SO WE HAVE STORES THAT
PROVIDE A NOTICE THAT TALK ABOUT
COMPARABLE SERVICES. IF SOMEONE
DOESN'T AGREE WITH THAT BECAUSE
IT'S NOT DEFINED, WE NOW FIND
OURSELVES POTENTIALLY FACING
LITIGATION. THIS BILL ALSO
ALLOWS US OR TELLS US TO RELY ON
PROVIDING INFORMATION FROM THE
LOCAL GOVERNMENT TO OUR
EMPLOYEES ABOUT SAFETY NET, BUT
GIVES US NO DEFENSE IF, IN FACT,
THE LOCAL GOVERNMENT DOESN'T
GIVE US THAT INFORMATION IN A
TIMELY FASHION. THEREFORE
PUTTING US IN THE LINES OF
LITIGATION. SO FROM OUR
PERSPECTIVE AND IF YOU LOOK AT
THE HISTORY OF CALIFORNIA UNDER
THE WARN ACT, VERY FEW GROCERY
STORES ARE ACTUALLY IDENTIFIED.
WE DON'T CLOSE GROCERY STORES ON
ON A NORMAL BASIS. IT'S NOT OUR
BUSINESS. OUR BUSINESS IS TO
OPEN GROCERY STORES. AND SO IF
THIS LEGISLATURE WANTS TO REALLY
SIT DOWN AND TALK ABOUT
ADDRESSING ISSUES WITH FOOD
DESERTS, LET'S TALK ABOUT IT.
THE ISSUE WITH HAGGEN WAS THEY
CAME IN WITH ALL THE RIGHT
INTENT AND PURPOSES. THEY'RE A
WASHINGTON BASED COMPANY THAT
AFTER THEY BOUGHT OVER 100
STORES, QUICKLY LEARNED THAT
THEIR BUSINESS MODEL IN
WASHINGTON DID NOT FIT WITH
CALIFORNIA. THEY DID NOT KNOW
HOW TO OPERATE HERE. THEY COULD
NOT DO SO PROFITABLY. SO THEY
LEFT THE MARKET. WHEN THEY LEFT
THE MARKET, THEY COMPLIED WITH
THE FEDERAL AND STATE WARRANT
ACTS. SO AGAIN, WE'RE WORKING
AND THE CALIFORNIA GROCERS
ASSOCIATION IS SPONSORING SB
1419 BY SENATOR RUBIO TO LOOK AT
THE ISSUES OF FOOD DESERTS. WE
SPEND $300 MILLION A YEAR TO
HELP THE FILM INDUSTRY PRODUCE
FILMS IN THE STATE OF CALIFORNIA
. WE DO NOTHING TO ADDRESS THE
ISSUE OF FOOD DESERTS. SO AGAIN,
IF THE SPONSORS AND THE AUTHOR
WANT TO ADDRESS FOOD DESERTS,
WE'LL BE AT THE TABLE. WE THINK
IT'S A SERIOUS ISSUE THAT NEEDS
SERIOUS ATTENTION. THIS BILL
DOESN'T DO IT. WE'RE GOING TO
ASK FOR A NO VOTE. THANK YOU.
THANK YOU. HI. GOOD MORNING,
JENNIFER SNYDER WITH CAPITAL
ADVOCACY ON BEHALF OF THE
CALIFORNIA RETAILERS ASSOCIATION
AND ALSO THE COMMUNITY PHARMACY
COALITION OF CALIFORNIA, WANT TO
ECHO THE COMMENTS OF THE
PREVIOUS SPEAKER JUST TO THE
EXTENT THAT WE DEFINITELY AGREE
THAT IT'S IMPORTANT TO PROVIDE
CLOSURE NOTIFICATIONS, WE AGREE
WITH THE INTENT OF THE BILL. AND
WE ALSO HAVE REALLY STRONG
CONCERNS ABOUT MAKING SURE THAT
PHARMACIES IN PARTICULAR ARE
OPEN AND THAT, YOU KNOW,
PATIENTS HAVE ACCESS TO THEIR
PRESCRIPTIONS. I THINK WHAT'S
CONCERNING IS AS THE PREVIOUS
SPEAKER MENTIONED, IS THAT THE
CLARITY OF WHAT'S INCLUDED IN
THE BILL IS TROUBLESOME. IT'S
ALSO CONCERNING, MORE
SPECIFICALLY FOR PHARMACIES,
BECAUSE PHARMACIES ARE REGULATED
AND LICENSED BY THE BOARD OF
PHARMACY, AND THEY HAVE CERTAIN
REQUIREMENTS RELATIVE TO HOW
THEY HANDLE DANGEROUS DRUGS.
WHEN THEY CLOSE WHAT THEY DO
WITH THOSE DRUGS THAT ARE
CURRENTLY IN THE STORE, THEY'RE
REQUIRED TO NOTICE THE BOARD OF
PHARMACY PRIOR TO THE STORE
CLOSURE AND GO THROUGH A PROCESS
OF MAKING SURE THAT THOSE DRUGS
GO TO A SAFE PLACE AND THAT THE
BOARD HAS SUPERVISION OVER HOW
THAT WORKS. IN ADDITION, THEY
ADHERE TO HIPAA, AND DIFFERENT
REQUIREMENTS RELATED TO PATIENT
PRIVACY. SO WE WANT TO MAKE SURE
THAT WHEN WE ARE CREATING NOTICE
REQUIREMENTS OR CREATING
SITUATIONS WHERE PHARMACIES NEED
TO PROVIDE, NOTICE THAT THEY'RE
NOT DISCLOSING ANY IMPORTANT
PATIENT INFORMATION, WHICH THEY
MUST ADHERE TO, THAT EVEN IF THE
STORE CLOSES DURING CLOSING OR
AFTER CLOSING. SO WE'RE HOPING
THAT THE AUTHOR MIGHT LOOK AT
WAYS THAT, AT THE VERY LEAST,
THAT WE LOOK AT THE WARN ACT
OPTIONS. IT'S A MUCH MORE,
SHORTER PROCESS RELATIVE TO A 60
DAY WARNING REQUIREMENT, AS
OPPOSED TO 90 DAY. THERE'S A LOT
OF CONCERN ABOUT, YOU KNOW,
HAVING THAT LENGTHY NOTICE
REQUIREMENT AND TO MAKE SURE
THAT THIS DOVETAILS WITH THE
BOARD OF PHARMACY REQUIREMENTS
AND THOSE THINGS THAT ARE UNIQUE
TO PHARMACY TO MAKE SURE THAT WE
MAKE SURE THAT THEY ARE ADHERENT
TO THEIR RULES AND REQUIREMENTS
UNDER THEIR LICENSE. SO AT THIS
POINT, WE STILL MUST OPPOSE SB
1089 AND APPRECIATE TIME HERE.
THANK YOU. ARE THERE OTHERS IN
THE COMMITTEE ROOM WHO WISH TO
EXPRESS AN OPPOSED POSITION?
GOOD MORNING, ASHLEY HOFFMAN, ON
BEHALF OF THE STAY HERE IN CASE
THERE'S QUESTIONS, IF YOU DON'T
MIND. THANK YOU. YES GOOD
MORNING, ASHLEY HOFFMAN, ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE, RESPECTFULLY
OPPOSED. GOOD MORNING, ANNALEE
AUGUSTINE, ON BEHALF OF THE
FAMILY BUSINESS ASSOCIATION OF
CALIFORNIA, RESPECTFULLY OPPOSE.
ALL RIGHT. I THINK THAT
CONCLUDES SUPPORT AND OPPOSITION
TESTIMONY. WE'LL COME BACK TO
THE COMMITTEE, SENATOR LAIRD,
ANY QUESTIONS OR COMMENTS? I, I
HAVE A COMMENT WHICH IS I TAKE
SOME OF THE CONCERN SERIOUSLY,
BUT THE ONES ON WHETHER OR NOT
THERE'S A PRIVATE RIGHT OF
ACTION OR ANY APPROPRIATE THING
ARE APPROPRIATE FOR THE
JUDICIARY COMMITTEE, WHICH I SIT
ON AND I THINK THAT THAT WITH
WHAT'S IN FRONT OF US, IT IS
WORTH MOVING ON AND GIVING THE
AUTHOR A CHANCE TO WORK ON IT.
BUT THE JUDICIARY COMMITTEE WILL
LOOK AT THAT OTHER PART WITHIN
ITS JURISDICTION, PROVIDED IT
MOVES ON TO THERE. AND FOR THAT
PURPOSE, SINCE ONCE AGAIN, I
THINK I'M THE ONLY ONE. I WILL
MOVE ABEL. I WILL MOVE THE BILL.
ALL RIGHT. THANK YOU. SENATOR,
THIS IS A QUESTION FOR THE
OPPOSITION, WITNESSES. I DID
APPRECIATE, THE SECOND WITNESS
TALKING ABOUT DESIRES OR AMENDS,
AS WE WOULD CALL THEM, THAT YOU
MIGHT CHANGES IN THE BILL. YOU
MIGHT WANT TO SEE, I'M NOT SURE
HOW MUCH YOU HAVE ENGAGED. I
KNOW, SENATOR SMALLWOOD CUEVAS
IS VERY GOOD ABOUT TRYING TO
ENGAGE OPPOSITION AND WORK
THROUGH BILLS LIKE THIS. AND TO
SENATOR LAIRD'S POINT, YOU KNOW,
THAT SHOULD CONTINUE FOR BOTH
SIDES. I THINK SOMETIMES WHEN WE
TALK ABOUT FIRST COMMITTEE AND
KEEPING BILLS MOVING, PEOPLE SAY
, YOU SHOULDN'T DO THAT. IF
IT'S, YOU KNOW, A FLAWED BILL OR
SOMETHING LIKE THAT, BUT IT DOES
REQUIRE BOTH SIDES TO, TO
CONTRIBUTE TO ANY KIND OF AMENDS
PROCESS, AMENDMENTS PROCESS. SO
COULD YOU JUST COMMENT ON ON
THAT? IS THERE ANYTHING I'M
REALLY LOOKING FOR IS NOT INTENT
TO HELP OUT OR TRY TO AMEND, BUT
ANYTHING ELSE THAT THAT YOU'RE
LOOKING FOR IN TERMS OF
AMENDMENTS, IT'S, WHETHER OR NOT
THE AUTHOR AGREES WITH THEM, I
JUST CURIOUS, AS A MEMBER OF THE
COMMITTEE, AS TO WHAT THINGS
YOU'D BE LOOKING FOR ASIDE FROM
PARGA. WE HEARD THAT AND WE
HEARD THIS 90 DAY TO 60 DAYS. IS
THERE ANYTHING ELSE? YEAH I
APPRECIATE THAT, AND, DID HAVE A
CONVERSATION YESTERDAY AND KIND
OF OUR FIRST ENGAGEMENT WITH THE
SPONSORS. SO WE UNDERSTAND THAT
THERE CAN BE MORE DISCUSSION AS
WE MOVE FORWARD. SO I APPRECIATE
THAT AND KNOW THAT, YOU KNOW,
THIS COULD BE, POSSIBLY IN SOME
CASES A WORK IN PROGRESS. I
THINK, THE WARN ACT WOULD BE
IMPORTANT, WE WOULD IDEALLY LOVE
TO SEE THAT THE BOARD OF
PHARMACY BE MORE INVOLVED AND,
AND THAT THE NOTIFICATION
REQUIREMENTS INVOLVE THE BOARD
OF PHARMACY, AND TO ASSURE THAT
THEY'RE NOT PROVIDING NOTICE TO
ENTITIES THAT MAY NOT BE AS
RELEVANT FOR A PHARMACY.
ENVIRONMENT AS OPPOSED TO
OTHERS. SO, TO KIND OF TALKING
THROUGH KIND OF HOW WE MAY BE
INVOLVED, THE BOARD OF PHARMACY
AND LESS SO MAYBE SOME OF THE
OTHER ELEMENTS OF THE BILL
NOTIFICATION REQUIREMENTS OF THE
BILL, OF THE BILL. AND I KNOW
THAT, FOR THE GROCERS AND FOR
THE RETAILERS, I THINK IT'S
IMPORTANT TO MAKE SURE THAT
EVERY, EVERY NOTICE REQUIREMENT
IS MUCH MORE CLEAR IN THE BILL,
AGAIN, BACK TO THE LIABILITY
PROVISIONS. IT REALLY OPENS UP A
LOT OF CONCERN, EVEN IF ONE,
RETAIL ENVIRONMENT MAKES ONE
SMALL MISTAKE RELATIVE TO THE
NOTICE REQUIREMENTS, IT OPENS
THEM UP TO LIABILITY, WHICH IS
THE MOST TROUBLESOME. MR. CHAIR,
LOUIS BROWN, ON BEHALF OF THE
CALIFORNIA GROCERS ASSOCIATION,
I CONCUR IN THOSE COMMENTS. I IF
THERE ARE ISSUES WITH THE
EXISTING WARN ACT, THEN WE ARE
INTERESTED IN ADDRESSING THOSE.
WE BELIEVE THAT CLARITY IS
IMPORTANT. AND SO IF WE NEED TO
LOOK AT POTENTIALLY NOTIFYING
MORE, MORE ENTITIES WITHIN THE
COMMUNITY, MORE ENTITIES WITHIN
THE COUNTY SO THAT PEOPLE ARE
BETTER INFORMED, WE'RE OPEN TO
THOSE CONVERSATIONS. IT'S REALLY
THE AMBIGUITIES IN THE BILL, AND
THEN, YOU KNOW, SOME OF THE
OTHER ELEMENTS OF AN ADDITIONAL
NOTICE THAT PROVIDE US THE
GREATEST HEARTBURN. I APPRECIATE
AGREE WITH YOU ON CONTINUING TO
WORK WITH THE SENATOR AND THE
PROPONENTS OF THE BILL AND
TRYING TO IMPROVE THE BILL. I
APPRECIATE THAT, I APPRECIATE
YOUR CANDOR IN LAYING THAT OUT.
THAT DOESN'T ALWAYS HAPPEN, IN
THE PROCESS AND ESPECIALLY THIS
EARLY IN THE PROCESS. SO FOLKS
ARE CLEAR ABOUT WHAT THEY'RE
LOOKING FOR IN TERMS OF
MODIFICATIONS AND AS I SAID, I
DON'T EVEN NEED TO ASK THE
AUTHOR WHETHER OR NOT SHE'LL
CONTINUE TO TRY TO WORK WITH
OPPOSITION, BECAUSE I KNOW SHE
DOES THAT DILIGENTLY, AND I
WOULD JUST SAY, YOU KNOW, I'M
SUPPORTIVE OF THE BILL. I, I
THINK, THE IDEA ABOUT 90 DAYS, I
WOULD BE WE HAVE LEGISLATION IN
OTHER AREAS THAT'S TRYING TO
MOVE NOTIFICATION OPTIONS THESE
DAYS, TO A LITTLE LENGTHIER
PERIOD THAN 60 DAYS BECAUSE OF
COMMUNITY IMPACT. AND WHAT WE'RE
SEEING, REGARDLESS OF WHICH AREA
THAT IS, IS, IS EVEN THOUGH
SOMETIMES THOSE ARE WORKER
SPONSORED BILLS, WE SEE THAT THE
IMPACT TO THE GENERAL COMMUNITY
IS GETTING UPON US, UPON LOCAL
GOVERNMENTS AND SAFETY NET
SERVICES SO QUICKLY THAT,
THERE'S NOT MUCH OF AN
OPPORTUNITY TO PROCESS IT. IT
MAY NOT BE HAPPENING WITH THE
BULK OF YOUR CLIENTS, PROBABLY
ISN'T. BUT WHEN IT HAPPENS, IT'S
IT FEELS A LOT MORE ABRUPT THAN
HOW 60 DAYS LOOKS ON ON PAPER,
IT JUST SEEMS I CAN SAY THAT AS
A FORMER COUNTY SUPERVISOR WHO
WOULD RECEIVE THOSE WARNING
NOTICES ON MY DESK AND THEN JUST
HAVE TO, EVEN THOUGH WE WOULD
MEET EVERY WEEK, HAVE TO RAPIDLY
FIGURE OUT HOW TO PIVOT, HOW TO
GET ON A COMMITTEE, ON A
COMMITTEE AGENDA AND, AND START
DEALING WITH THE IMPACT, IF WE
COULD, SO, YOU KNOW, OBVIOUSLY
THERE'S ARGUMENTS ON BOTH SIDES
IS WHAT I'M SAYING. BUT I'M GLAD
TO HEAR EVERYBODY'S
COMMUNICATING. AND, SENATOR,
YOU'RE WELCOME TO RESPOND OR
CLOSE OR BOTH. SURE. THANK THANK
YOU SO MUCH FOR THAT QUESTION.
AND OF COURSE, ABSOLUTELY. I'M
OPEN TO WORKING AROUND THE
ISSUES THAT WERE RAISED. YOU
KNOW, I JUST I AGREE WITH WHAT
WHAT YOU, WHAT YOU SHARED.
SENATOR CORTESE, WHEN WE TALK
ABOUT COMMUNITY WARN ACT, DOES
NOT NOTIFY COMMUNITIES DIRECTLY.
AND THIS IS REALLY ABOUT THOSE
DISADVANTAGED, VULNERABLE
COMMUNITIES THAT ARE IN FOOD
DESERTS THAT RELY ON THESE
FACILITIES FOR FOOD AND FOR
MEDICAL NEEDS THROUGH, THROUGH
THROUGH PHARMACY. AS YOU KNOW,
WE'RE ALSO TALKING ABOUT
COMMUNITIES THAT WILL NEED TO
FIGURE OUT TRANSPORTATION. THEY
MAY NEED TO FIGURE OUT
CHILDCARE, JUST DEPENDING HOW
FAR THEY WILL HAVE TO TRAVEL TO
GET TO WHATEVER THE NEW, SERVICE
PROVIDER GROCERY STORE IS, IS
AND, YOU KNOW, WE THINK THAT
COMMUNITIES, PARTICULARLY BLACK
COMMUNITIES AND VULNERABLE
COMMUNITIES NEED THAT AMOUNT OF
TIME. NEW YORK, NEW JERSEY AND
MAINE HAVE ALREADY EXTENDED
THEIR NOTICES FROM 60, TO 90
DAYS. AND WE THINK CALIFORNIA
SHOULD DO THE SAME, WE ALSO, YOU
KNOW, RECOGNIZE THAT WARN
NOTICES ONLY REALLY APPLY FOR
STORES WITH 75 OR MORE WORKERS,
AND AT AN ESTABLISHMENT. AND WE
THINK THAT WE NEED TO MAKE SURE
THAT IN THESE PLACES WHERE
COMMUNITIES ARE RELYING ON THESE
SERVICES, THAT THERE IS
CERTAINLY BE, MORE INFORMATION
PROVIDED, PARTICULARLY WHEN WE
HAVE, TO DEAL WITH NOT JUST THE
COMMUNITY, BUT ALSO WITH THE,
WITH THE WORKERS. SO, YOU KNOW,
I ALSO WANTED TO ASK BECAUSE YOU
DID ASK SOME PRETTY TECHNICAL
QUESTIONS. I WANTED TO SEE IF WE
COULD BRING UP OUR WITNESS,
JESSE GREWAL, TO JUST MAYBE
ANSWER MORE IN DETAIL, AND
ADDRESS SOME OF THE THINGS THAT
WERE RAISED BY THE OPPOSITION.
SO, JESSE, MISS GREWAL, PLEASE,
UNDERSTAND THAT WE ARE
SUPPORTIVE HERE ON THE
COMMITTEE. SO YOU DON'T HAVE TOO
MUCH PERSUASION TO DO, BUT NÓ
AND THE SENATOR REALLY SPOKE AND
ADDRESSED THE QUESTIONS AROUND
WARREN, BUT JUST WANTED TO,
REALLY FLAG THAT. THAT IS AN
UNDERCOUNT OF CLOSURES THAT DO
HAPPEN. AND THE DATA CITED
AROUND THE TWO GROCERY STORES
THAT HAVE CLOSED IN THE PAST FEW
YEARS DOES NOT CAPTURE THE FULL
PICTURE OF CLOSURES THAT ARE
HAPPENING THROUGHOUT THE STATE.
THANK YOU. GREAT. SO WITH THAT,
THIS IS AN IMPORTANT BILL. IT'S
ONE OF THE CALIFORNIA TASK FORCE
REPARATION, RECOMMENDATIONS.
AND, WE KNOW THAT THIS IS GOING
TO GREATLY IMPACT NOT JUST THE
WORKERS IN THESE STORES THAT
NEED TO BE NOTIFIED, BUT
CERTAINLY THE COMMUNITIES THAT
NEED THAT NOTIFICATION. AND I
RESPECTFULLY ASK FOR YOUR AYE
VOTE. OH THANK YOU AGAIN.
SENATOR, DO WE HAVE A MOTION OR
DID YOU MAKE A MOTION ALREADY?
ALL RIGHT. THANK YOU. MOTION
FROM SENATOR LAIRD. UNLESS THE
ROLL TO BE CALLED AT THIS TIME
FOR FILE ITEM TEN, THE MOTION IS
DUE. PASS TO THE COMMITTEE ON
THE JUDICIARY. SMALLWOOD, CUEVAS
. SMALLWOOD. CUEVAS I WILK
CORTEZ. CORTEZ I. DURAZZO.
DURAZZO I LAIRD. LAIRD I. OKAY.
THE VOTE IS FOUR ZERO. WE'LL
KEEP THE BILL ON CALL. AND
SENATOR SMALLWOOD. CUEVAS, IF
YOU'D LIKE TO MOVE TO FILE ITEM
11, SB 1446, WE'RE HAPPY TO HEAR
THAT. BILL, WHENEVER YOU'RE
READY.
YEAH. OKAY. THANK YOU SO MUCH,
SENATOR CORTEZ AND MEMBER, I AM
PLEASED TO PRESENT SB 1446, THE
RETAIL THEFT PREVENTION AND SAFE
STAFFING ACT. THIS ACT WILL
PROTECT WORKERS AND THE PUBLIC
BY ENSURING SAFE STAFFING LEVELS
AT GROCERY AND RETAIL STORES AND
REGULATING SELF-CHECKOUT
MACHINES. THIS BILL WILL ALSO
REQUIRE RETAIL EMPLOYERS THAT
ADOPT NEW TECHNOLOGIES TO ERECT
GUARDRAILS TO PREVENT HARM TO
WORKERS AND WORKERS DISPLACED.
IN RECENT YEARS, AUTOMATION IN
OUR RETAIL, GROCERY AND DRUG
STORES HAVE DRASTICALLY CUT,
CONTRIBUTING TO THE CHRONIC
UNDERSTAFFING AT OUR STORES. SO
I JUST WANT TO REPEAT THAT THE
AUTOMATION IN OUR RETAIL,
GROCERY AND DRUG STORES HAVE
DRASTICALLY CUT STAFF,
CONTRIBUTING TO CHRONIC
UNDERSTAFFING IN OUR STORES.
WHILE IT IS CRUCIAL TO ADAPT TO
NEW TECHNOLOGIES, PROTECTING
JOBS AND WORKER SAFETY MUST BE
PRIORITIZED IN THE PROCESS AS
SELF-CHECKOUT OUT HAS BECOME
MORE COMMONPLACE, LOAN WORKERS
HAVE BECOME EASY TARGETS FOR
THEFT AND VIOLENCE AS THEY ARE
FORCED TO STOCK MERCHANDISE,
OPERATE CHECKOUT STATIONS, AND
CATER TO CUSTOMERS. CUSTOMERS
WHILE ALL TRYING TO MONITOR
THEIR STORES FOR RETAIL THEFT.
AS RETAILERS ARE REPLACING MANY
OF THEIR WORKERS WITH THESE
MACHINES, THE DATA MAKES IT
CLEAR SELF-CHECKOUT MACHINES
COST 16 TIMES MORE LOSS THAN
CHECKOUT VIA A CASHIER, WITH AN
ESTIMATED $10 BILLION IN LOSSES
ATTRIBUTED TO THESE CHECKOUT
STANDS ANNUALLY. WHEN WORKER
SAFETY IS AT RISK AND PEOPLE
LOSE THEIR JOBS, WE IN THE STATE
LEGISLATURE MUST ACT, AND WE
MUST ACT NOW. AND WHILE SOME OF
OUR LARGEST RETAILERS HAVE
ALREADY RECOGNIZED THESE
PROBLEMS AND BEGUN TO LIMIT OR
ELIMINATE SELF-CHECKOUT
ALTOGETHER FROM THEIR STORES,
MANY HAVE NOT. WE MUST CREATE A
CONSISTENT AND UNIFORM APPROACH
THAT ENSURES THAT BOTH WORKERS
AND THEIR COMMUNITIES REMAIN
SAFE. SB 1446 DOES THIS BY
ENSURING THAT ONE A FULL SERVICE
CASHIER LANE, BE OPEN BEFORE
ALLOWING A SELF-CHECKOUT MACHINE
TO OPEN. STAFFING RATIOS ARE SET
AT ONE EMPLOYEE PER TWO CHECKOUT
MACHINES AND STORES ARE REQUIRED
TO CREATE WORKPLACE VIOLENCE
PREVENTION PLANS TO DETERMINE IF
SELF-CHECKOUT MACHINES ARE
CONSIDERED HAZARDS AT THEIR
STORES. STORES ARE REQUIRED TO
ALSO CONDUCT WORKER AND CONSUMER
IMPACT ASSESSMENTS TO EVALUATE
POTENTIAL JOB LOSSES BEFORE
IMPLEMENTING NEW TECHNOLOGIES
THAT IMPACT WORKERS JOBS. AS THE
CONVERSATION AROUND RETAIL THEFT
HAS BEEN LARGELY FOCUSED ON
HARSHER CRIMINAL PENALTIES, IT
IS CRUCIAL THAT WE LOOK AT SOME
OF THE ROOT CAUSES AND LOOK AT
OUR MARKETPLACES, AND WE NEED TO
ACKNOWLEDGE THAT THE ROOT CAUSES
OF CRIME TOO OFTEN IS ECONOMIC
DISPARITY AND POVERTY AND
HOMELESSNESS AND UNEMPLOYMENT.
ALL OF THESE CONDITIONS DRIVE
AND FUEL RETAIL THEFT. THIS IS A
COMMON SENSE BILL THAT LOOKS AT
WAYS TO FIX THE PROBLEM BY
ENSURING THAT WE'RE BRINGING ON
ADEQUATE STAFF, WE'RE PROTECTING
THE STAFF THAT'S THERE, AND
CONSUMERS. AND WE'RE ALSO
ADDRESSING THE SHRINKAGE OF
MERCHANDISE. WE MUST RECOGNIZE
THAT THE CHANGING LANDSCAPE IN
WHICH RETAIL IS TAKING PLACE, AS
WE SEE AI COMING ON, OF COURSE,
WE'VE HAD SELF-CHECKOUT FOR
YEARS, BUT NOW IS THE TIME FOR
US TO REALLY LOOK AT THE IMPACTS
AS WE SEE MORE AND MORE AI
COMING, BEFORE US IN THE STATE
LEGISLATURE, WE'VE GOT TO LOOK
BACK TO SEE WHAT ARE THE IMPACTS
OF AI AND AUTOMATION ON OUR
COMMUNITIES AND OUR WORKERS, IN
OUR REAR VIEW MIRROR AND HOW WE
CAN MAKE IT ADDRESS THEM AND
MAKE CHANGES, MORE STORES NEED
GOOD WORKERS AND MORE OF THEM,
AND WE NEED GOOD RETAILERS TO
PRIORITIZE PUBLIC SAFETY,
JOINING ME TODAY ARE MEGAN
STANCHEK STANTON'S STANZAK
STANZAK. THANK YOU. MEGAN, WITH
UFCW LOCAL FIVE AND GLEN BACCHUS
ON BEHALF OF THE PROSECUTORS
ALLIANCE OF CALIFORNIA. AND
AGAIN, JESSE GREWAL WILL BE WITH
US IF WE HAVE TECHNICAL
QUESTIONS ON THIS. THANK YOU.
SENATOR, WITNESSES MAY PROCEED
WHEN READY. YOU HAVE A COUPLE OF
MINUTES EACH. GOOD MORNING. MY
NAME IS MEGAN STANZAK, A FORMER
GROCERY STORE WORKER FOR 16
YEARS, AND NOW I WORK FOR UFCW
LOCAL FIVE IN THE BAY AREA. I'M
HERE TO TESTIFY IN SUPPORT OF SB
1446. AS A GROCERY WORKER, MY
COWORKERS AND I HAVE WITNESSED
FIRSTHAND THE REDUCTION IN
STAFFING DUE TO SELF-CHECKOUT
AND INCREASE OF WORKPLACE
VIOLENCE AS A RESULT OF RETAIL
THEFT. GROCERY WORKERS HAVE BEEN
SOUNDING THE ALARM FOR OVER A
DECADE ABOUT THE NEGATIVE
IMPACT, AUTOMATING OUR JOBS AS
WORK ON WORKERS AND OUR
CUSTOMERS, THE PUSH TO EXPAND
SELF-CHECKOUT FROM FOUR TO UP TO
SOMETIMES TEN MACHINES HAS
CREATED CHRONIC UNDERSTAFFING IN
GROCERY STORES. FEWER WORKERS IN
THE STORE, ESPECIALLY AT THE
FRONT OF THE STORE, LEAVES US
VULNERABLE TO BECOMING TARGETS
OF RETAIL THEFT, WORKPLACE
VIOLENCE AND LEAVING US
UNPREPARED TO RESPOND TO
INCIDENTS WHEN THEY DO OCCUR, IT
IS UNCOMMON. IT IS NOT UNCOMMON
FOR A WORKER TO BE RESPONSIBLE
FOR OVERSEEING 4 TO 8
SELF-CHECKOUT MACHINES, MEANING
THE CASHIER LINE AND TRYING TO
ASSESS, ASSIST CUSTOMERS WITH
QUESTIONS. IT IS DIFFICULT TO
KEEP AN EYE ON ALL THE CUSTOMERS
USING THE EIGHT SELF-CHECKOUT
MACHINES AND WORRY ABOUT MAYBE
YOU MIGHT MISS A CUSTOMER WHO
NEEDS HELP OR WORSE, GET YELLED
AT WHILE YOU'RE HELPING ONE
CUSTOMER WHILE THE OTHER ONE HAS
TO WAIT. IN ADDITION, AS A LONE
FRONT LINE CHECKER, WE ARE ALSO
RESPONSIBLE FOR WATCHING FOR
SHOPLIFTERS DEALING WITH
DISRUPTIVE INDIVIDUALS, ISSUES
WITH SELF-CHECKOUT MACHINES, AND
UNDERSTAFFING, INCREASED
CUSTOMER IRRITATION, AND PUT
MYSELF AND MY COWORKERS AT RISK
OF VERBAL AND PHYSICAL ASSAULT
BY FRUSTRATED CUSTOMERS. WE ARE
TOLD TO ALSO USE CHECKOUT STANDS
TO HELP BRING UP CUSTOMERS IF
THE LINES GET TOO LONG, LEAVING
SELF-CHECKOUT UNATTENDED WHEN
THE AREA IS UNATTENDED. WE WATCH
CUSTOMERS NOT PROPERLY SCAN
PRODUCTS AND WALK OUT THE FRONT
DOOR WITH STOLEN GOODS. THE
PROTECTIONS OF SB 1446 ENSURE
THAT WE HAVE APPROPRIATE
STAFFING IN THE FRONT OF THE
STORE TO DETER THEFT AND
APPROPRIATELY, APPROPRIATELY
ASSIST CUSTOMERS CHECKING OUT
AND RESPONDING TO INCIDENTS WHEN
THEY DO HAPPEN. ADDITIONALLY,
THE BILL ASSURES THAT OUR
EMPLOYERS ARE ASSESSING THE RISK
TO WORKERS AND CUSTOMERS WHEN
THEY INTRODUCE NEW TECHNOLOGY.
BY IDENTIFYING THESE RISKS, WE
CAN MINIMIZE THE HARM THAT
TECHNOLOGY CAN CAUSE WORKERS AND
CUSTOMERS. THIS IS OUR
OPPORTUNITY TO LEARN FROM THE
FAILED SOCIAL EXPERIMENT OF
SOCIAL OF SELF-CHECKOUT
MACHINES, AND ENSURE GREATER
ACCOUNTABILITY FOR OUR EMPLOYERS
WHEN IT COMES TO AUTOMATING OUR
JOBS, AND I URGE YOU TO SUPPORT
1446 THANK YOU. THANK YOU. NEXT
GOOD MORNING, GLENN BACCHUS, FOR
THE PROSECUTORS ALLIANCE OF
CALIFORNIA, A CO-SPONSOR OF SB
1446, THE PROSECUTORS ALLIANCE
IS A MEMBERSHIP ORGANIZATION OF
MORE THAN 4000 PROSECUTORS,
VICTIMS, ADVOCATES AND ALLIES
COMMITTED TO REFORMING
CALIFORNIA'S CRIMINAL JUSTICE
SYSTEM WAS SAFE, SMART AND
MODERN SOLUTIONS THAT ADVANCE
PUBLIC SAFETY, HUMAN DIGNITY,
AND COMMUNITY WELL-BEING. OUR
ADVISORY COMMITTEE CONSISTS OF
THE ELECTED DISTRICT ATTORNEYS
OF LOS ANGELES, CONTRA COSTA,
AND ALAMEDA COUNTY. AS A LAW
ENFORCEMENT ORGANIZATION, AN
ORGANIZATION OF LAW ENFORCEMENT
OFFICIALS, AND OTHER EXPERTS, WE
RECOMMEND THE POLICIES IN THIS
BILL AS A CRIME PREVENTION
STRATEGY THAT ALSO HAS THE
BENEFIT OF CREATING JOBS, AND WE
KNOW THAT EMPLOYMENT ITSELF IS A
GOOD ANTI-POVERTY AND ANTI-CRIME
MEASURE. SB 1446 WILL PROTECT
WORKERS AND REDUCE PROPERTY
CRIME BY PROMOTING SAFER
STAFFING LEVELS AT GROCERY AND
PHARMACY OUTLETS AND BY BETTER
REGULATING SELF-CHECKOUT
MACHINES. THE ECONOMIC LOSSES OF
SHOPLIFTING THROUGH
SELF-CHECKOUT LINES IS ESTIMATED
TO BE IN THE BILLIONS OF YEARS,
OR, SORRY, BILLIONS OF DOLLARS
PER YEAR. MORE STAFF MEANS MORE
EYES ON THE AISLE, DETERRING
THEFT. PROACTIVELY DETERRING
PEOPLE FROM COMMITTING RETAIL
THEFT IS SMARTER AND MORE
EFFECTIVE THAN LAW ENFORCEMENT.
RESPONDING AFTER THE FACT. AFTER
THE PROPERTY AND THE PERSON WHO
TOOK IT ARE LONG GONE. THERE ARE
RETAIL LEADERS IN THIS POLICY
ALREADY, INCLUDING LOWE'S,
COSTCO AND BEST BUY. THEIR
LEADERSHIP HAS ATTRIBUTED HIGHER
STAFFING LEVELS TO HELPING DETER
THEFT. LOWE, CEO MARVIN ELLISON
SAID, QUOTE, HAVING SPENT MY
ENTIRE LIFE IN RETAIL AT EVERY
LEVEL, THE ONE THING I
UNDERSTAND CLEARLY IS THAT THE
GREATEST DETERRENT FOR ANY TYPE
OF THEFT ACTIVITY IS EFFECTIVE
CUSTOMER SERVICE. END QUOTE. THE
NATIONAL INSTITUTE OF JUSTICE
AND OTHER RESEARCH LEADERS
CONCUR THAT THE FEAR OF GETTING
CAUGHT IS A MUCH GREATER
DETERRENT THAN THE THREAT OF
LONG SENTENCES. HAVING STAFF AT
CHECKOUT WORKING THE AISLES, AND
SECURITY AT ENTRANCES AND EXITS
WOULD DETER THEFT AND KEEP STAFF
SAFE FROM HARM. WE RESPECTFULLY
URGE YOUR AYE VOTE. THANK YOU.
ALL RIGHT. THANK YOU. OTHERS IN
THE COMMITTEE ROOM WHO WISH TO
COME FORWARD AND EXPRESS THE
SUPPORT POSITION. DANICA ADAMO,
PROUD TO REGISTER STRONG SUPPORT
ON BEHALF OF THE VERA INSTITUTE
OF JUSTICE. SMART JUSTICE
CALIFORNIA CALIFORNIANS FOR
SAFETY AND JUSTICE AND INITIATE
JUSTICE ACTION. THANKS
CHRISTOPHER SANCHEZ OF THE MESA
VERDE GROUP, HERE, ON BEHALF OF
THE CONSUMER FEDERATION OF
CALIFORNIA AND STRONG SUPPORT
DANIEL JEFFERSON ON BEHALF OF
THE CALIFORNIA COALITION FOR
WORKER POWER, IN STRONG SUPPORT.
GEORGE TH¤U, ON BEHALF OF THE
CALIFORNIA LABOR FEDERATION,
PROUD CO-SPONSORS AND SUPPORTERS
OF THIS BILL. THANK YOU. ALL
RIGHT. WE'LL TAKE, OPPOSITION
WITNESSES. I KNOW WE HAVE A LEAD
WITNESS OR WITNESSES ON THIS ONE
ON THE OPPOSITION SIDE. PLEASE
COME FORWARD. YOU HAVE A COUPLE
MINUTES EACH. I'LL LET YOU
SELF-IDENTIFY AND BEGIN WHEN
READY. THANK YOU, MR. CHAIR.
MEMBERS MARGARET GLADSTEIN, WITH
CAPITAL ADVOCACY HERE ON BEHALF
OF THE CALIFORNIA RETAILERS
ASSOCIATION. WE OPPOSE SB 1466,
WHICH WOULD PLACE UNNECESSARY
RESTRICTIONS ON RETAILERS USE OF
SELF-CHECKOUT AND OUR ABILITY TO
UTILIZE NEW TECHNOLOGY. THE
SAFETY AND WELL-BEING OF OUR
RETAIL EMPLOYEES AND OUR
CUSTOMERS IS OUR TOP PRIORITY.
OUR MEMBERS ARE CONTINUOUSLY
ASSESSING WHAT PRACTICES AND
TECHNOLOGIES TECHNOLOGIES WILL
HELP DETER THEFT AND MAKE THE
WORKPLACE SAFER. SB 1446 WILL
MAKE IT MORE CHALLENGING TO MAKE
THE CHANGES WE NEED AS THE
AUTHOR AND THE ANALYSIS
RECOGNIZES, A NUMBER OF
RETAILERS ARE ALREADY ALTERING
THEIR SELF-CHECKOUT PRACTICE.
THE MARKETPLACE IS ADDRESSING
THIS ISSUE, BUT RATHER THAN
ALLOWING INDIVIDUAL COMPANIES TO
MAKE DECISIONS THAT ARE BETTER
FOR EMPLOYEES, CUSTOMERS, AND
THEIR BUSINESS OVERALL, SB 1466
IMPLEMENTS A STATUTORY ONE SIZE
FITS ALL LIMITATION ON
SELF-CHECKOUT TECHNOLOGIES.
THERE'S NO RATIONALE FOR
RESTRICTING THE NUMBER OF ITEMS
THAT CAN BE SOLD USING
SELF-CHECKOUT, AND THERE'S NO
REASON TO PROHIBIT THE SALE OF
ITEMS SUBJECT TO SPECIAL
ANTI-THEFT DETERRENT MEASURES.
THE MEASURES THESE MEASURES WILL
ONLY SERVE TO FRUSTRATE
CONSUMERS WITH NO EVIDENCE THEY
WILL REDUCE THEFT OR PROVIDE
ADDITIONAL PROTECTION TO
EMPLOYEES. THE BILL'S MANDATE TO
COMPLETE A WORKER AND CONSUMER
IMPACT ASSESSMENT FOR EVERY NEW
TECHNOLOGY THAT HAS A
SIGNIFICANT IMPACT ON JOBS
FUNCTIONS IS AN OVERREACH. EVERY
DAY, OUR MEMBERS CONSIDER THE
POTENTIAL EFFECTS OF NEW
TECHNOLOGIES ON EMPLOYEES AND
CONSUMERS. BUT THE STATUTORY
REQUIREMENTS IN SB 1446 ARE
OVERLY BURDENSOME AND LIMIT OUR
ABILITY TO ADAPT AND CHANGE AS
NECESSARY. FINALLY, SB 1446
REQUIRES SELF CHECKOUT TO BE
INCLUDED IN RETAILERS ANALYSIS
OF POTENTIAL WORK HAZARDS. WHILE
WE DISAGREE WITH THE PREMISE, IF
SELF-CHECKOUT STATIONS ARE A
POTENTIAL HAZARDS, THEY'RE
ALREADY ARGUABLY COVERED BY
EXISTING LAW AND THE PASSAGE OF
SB 553 LAST YEAR, SRA IS WORKING
WITH THE LEGISLATURE TO ADDRESS
RETAIL THEFT ISSUES IN
CALIFORNIA. WE DO NOT BELIEVE
THE MEASURES IN SB 1446 WILL
ADDRESS THAT PROBLEM OR CREATE A
SAFER WORKING OR SHOPPING
ENVIRONMENT. FOR THESE REASONS,
WE ASK FOR A NO VOTE. THANK YOU.
NEXT WITNESS, MR. CHAIR, MEMBERS
OF THE COMMITTEE, LOUIS BROWN ON
BEHALF OF THE CALIFORNIA GROCERS
ASSOCIATION, IN OPPOSITION, I
AGREE WITH MY COLLEAGUE ON ALL
OF THE POINTS THAT WERE MADE,
THE CALIFORNIA GROCERS
ASSOCIATION IS VERY ACTIVE,
ALONG WITH THE RETAILERS AND
OTHERS ON RETAIL THEFT ISSUES
THIS YEAR, AS WE ANALYZE RETAIL
THEFT. THE ELEMENTS OF THIS BILL
DO NOT RISE TO THE LEVEL OF THE
CHANGES THAT ARE BEING
PRESCRIBED BY THIS BILL. THERE
ARE A NUMBER OF OTHER ISSUES
THAT CAN AND SHOULD BE ADDRESSED
AND FRANKLY, ARE BEING ADDRESSED
IN OTHER BILLS THAT WILL GET TO
THE ISSUE OF RETAIL THEFT
WITHOUT THE PRESCRIPTIVE
MANDATES THAT, FRANKLY, AREN'T
GOING TO HAVE AN IMPACT ON
RETAIL THEFT. AND MORE THAN
ANYTHING, JUST CREATE
INCONVENIENCE FOR OUR CUSTOMERS.
WE ALSO HAVE SIGNIFICANT CONCERN
WITH THE ELEMENT OF THE
WORKPLACE TECHNOLOGY AND THE
WORKER AND CONSUMER IMPACT
IMPACT ASSESSMENT, LIKE WAS
STATED, WE'RE LOOKING AT NEW
TECHNOLOGY ALL THE TIME. WE CAN
NOW HAVE TECHNOLOGY IN OUR
STORES THAT RECOGNIZE
REFRIGERANT LEAKS BEFORE AN
EMPLOYEE OR A PROFESSIONAL COULD
HAVE ACTUALLY NOTIFIED THEM. WE
HAVE TECHNOLOGY THAT REDUCES
ENERGY CONSUMPTION ALL OF THAT,
AS WE READ THIS BILL, WOULD NOW
HAVE TO GO UNDER THIS TYPE OF
ASSESSMENT, WHICH WE THINK,
ACTUALLY WORKS AGAINST A LOT OF
THE GOALS. AND AND POLICY
STATEMENTS THAT THIS
LEGISLATURE, THIS STATE HAVE
MOVED FORWARD WHEN IT COMES TO
REDUCING EMISSIONS,
ENVIRONMENTAL PROTECTIONS, ETC.
SO IT'S THE BREADTH OF THAT PART
OF THE BILL THAT REALLY CREATES
THE ISSUES, THE UNNECESSARY PART
OF THE ELEMENT WITH THE
SELF-CHECKOUT IS WHY WE'RE IN
OPPOSITION AND WOULD ASK FOR A
NO VOTE. OKAY. THANK YOU. OTHERS
IN OPPOSITION, PLEASE COME
FORWARD. ASHLEY HOFFMAN, ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE, RESPECTFULLY
OPPOSED. THANK YOU. GOOD
MORNING. ANNA LEE AUGUSTINE, ON
BEHALF OF THE FAMILY BUSINESS
ASSOCIATION OF CALIFORNIA,
RESPECTFULLY OPPOSED. OKAY.
WE'LL BRING IT BACK TO THE
COMMITTEE AT THIS TIME. SENATOR
LAIRD, ANYTHING, I WAS GOING TO
ASK THE AUTHOR IF YOU WOULD JUST
RESPOND TO THE CONCERNS THAT
WERE EXPRESSED BY THE
OPPOSITION. THANK YOU AND
APPRECIATE THE COMMENTS AND WILL
CONTINUE TO DISCUSS THIS WITH
THE OPPOSITION AS WE WORK, WORK
THROUGH THIS. I'LL START WITH SB
533. SO SB 533 DOES IN FACT, YOU
KNOW, REQUIRE EMPLOYEES,
EMPLOYERS TO PUT FORWARD A
WORKPLACE VIOLENCE PLAN, HOWEVER
, HERE IN THIS BILL, WHAT WE ARE
SAYING THAT IN OUR BILL IS THAT
WE WANT TO ENSURE THAT THE
CHECKOUT, STALLS ARE CONSIDERED
A WORKPLACE HAZARD AND THAT WE
WANT TO MAKE SURE THAT THERE IS
AN EVALUATION OF THAT HAZARD AND
AN ACTUAL WAY TO CORRECT THE
HAZARD. SO THAT'S THE DIFFERENCE
BETWEEN, THE REQUIREMENTS OF
THAT. THE OPPOSITION IS SPEAKING
OF AND FIVE, FIVE, THREE AND
WHAT WE'RE CALLING FOR, WE WANT
A VERY PARTICULAR FOCUS ON A
PLAN THAT LOOKS AT HOW THESE
CHECKOUT COUNTERS ARE A HAZARD
AND WHAT IS GOING TO BE DONE TO
CORRECT THAT HAZARD, IN TERMS
OF, YOU KNOW, IT IS TRUE, MANY,
MANY COMPANIES ARE ALREADY
DECIDING THAT THESE ARE HAZARDS
AND THAT WE NEED TO SHUT AND
HAVE DECIDED TO SHUT THEM DOWN
AND REMOVE THEM ALTOGETHER. WHAT
WE'RE SAYING IS WE JUST NEED TO
MAKE SURE THAT WE HAVE WORKER
RATIOS. AS WE LOOK AT SELF
CHECKOUT, WE NEED TO MAKE SURE
THAT WE'RE NOT PUTTING WORKERS
AND CONSUMERS IN DANGER. AND WE
ARE LOOKING AT WAYS TO REALLY
COMBAT RETAIL THEFT. WHEN I
WORKED RETAIL AS A AS A YOUNG
WOMAN, I WAS TOLD, YOU KNOW, YOU
BEING ON THE FLOOR IS GOING TO
PREVENT US FROM SEEING THINGS
WALK OUT OF THE STORE. THAT'S
WHAT MY BOSSES TOLD ME WHEN I
GOT ONE OF MY FIRST JOBS AT
TARGET. SO YOU KNOW, TO SAY NOW
THAT THAT, YOU KNOW, GOLDEN RULE
IS NO LONGER APPLIED, I THINK
IS, IS A DISSERVICE TO THE
WORKERS WHO ARE IN THE STORE AND
TO THE CUSTOMERS WHO WANT TO SEE
WORKERS IN THE STORE, ONE FOR
SAFETY REASONS, BUT ALSO JUST
FOR CONSUMER, SERVICE. YOU KNOW,
I, I THINK THIS IS A COMMON
SENSE, BILL. WE ARE DEALING WITH
A TREMENDOUS AMOUNT OF RETAIL
THEFT, AND I HAVE SEEN, YOU
KNOW, WHERE WE HAVE UPWARDS OF 8
TO 10 CHECKOUT SELF CHECKOUT
STALLS. I HAVE SEEN SOME OF THE
TENSION AND STRESS ARISING AND
NOT JUST IN THE WORKER, BUT IN
THE CUSTOMERS WHO ARE FRUSTRATED
AND THE WORKER TRYING TO, YOU
KNOW, ENSURE SOMEONE ISN'T
WALKING OUT OF THE STORE WITH,
WITH STOLEN ITEMS WHILE ALSO
TRYING TO HELP FOLKS LOOK UP AN
ITEM, IT IS A VERY DANGEROUS
SITUATION TO HAVE WORKERS, IN A
SITUATION WHERE THEY ARE
CONFRONTING SOMEONE THAT MIGHT
BE IN THE ACT OF A CRIME, AND
THEN ALSO TRYING TO HELP OTHER
CUSTOMERS AND KEEP THEM SAFE IN
THE PROCESS. SO I THINK THIS IS
AN IMPORTANT BILL. I THINK, WE
HAVE THE EVIDENCE IS SHOWING
THAT IT IS A HAZARD THAT WE NEED
TO PAY ATTENTION TO. AND THE
LEGISLATURE AND I THINK WE NEED
TO LET THE BILL OUT AND CONTINUE
TO WORK ON IT SO THAT IT DOES
THE INTENDED, WORK THAT WE WANT
IT TO DO, AND THAT IS TO PROTECT
WORKERS. AND AT THE SAME TIME,
ADDRESS RETAIL THEFT IN A COMMON
SENSE WAY AND ALSO GET AT SOME
OF THE ROOT CAUSES, WHICH IS HOW
DO WE CREATE MORE JOBS FOR
COMMUNITIES SO THAT WE DON'T
HAVE ISSUES OF POVERTY, AND
ECONOMIC DESPAIR FUELING THESE
PROPERTY CRIMES? AND SO WITH
THAT, I, I RESPECTFULLY ASK FOR
YOUR AYE, VOTE. THANK YOU.
SENATORS, MOTION BY SENATOR
DURAZZO, I JUST I DIDN'T TAKE MY
OPPORTUNITY TO COMMENT, BUT FOR
WHATEVER IT'S WORTH, I'M
SUPPORTING THE BILL, AND I
APPRECIATE THE CONTINUED WORK ON
IT, BECAUSE HAVING WORKED ON
FIVE, FIVE, THREE, I KNOW, THE
EFFORT MIGHT TAKE MUCH OF THE
SESSION TO TRY TO WORK OUT THE
DETAILS WITH OPPOSITION AND, TO
SOME DEGREE, OPPOSITION, YOU
KNOW, CAME OFF THAT BILL THAT
WAS ORIGINALLY VERY MUCH
OPPOSED. I JUST WANT TO
ANECDOTALLY TALK ABOUT SOMETHING
IF I CAN, ALMOST A POINT OF
PRIVILEGE MORE THAN ANYTHING.
BUT, YOU KNOW, AS A YOUNG, AS A
BOY, I STARTED WORKING AS A FARM
WORKER, AND PART OF THE, YOU
KNOW, THE HUMAN PART OF THAT
WORK, WHICH WAS HARD, HOT, YOU
KNOW, PICKING PRUNES AND
APRICOTS IN 100 DEGREE HEAT. WAS
A COWORKERS AND THE, THE HUMAN
ACTIVITY THAT OCCURRED THAT
HELPED SORT OF NOT ONLY PASS THE
DAY, BUT, YOU KNOW, HELP IN MANY
OTHER WAYS, INCLUDING ME
LEARNING A LITTLE BIT OF SPANISH
WHEN I WAS OUT THERE, BUT, YOU
KNOW, I WENT MY NEXT JOB WAS
WORKING, AS A U OF C W RETAIL
CLERK. AND ONE OF THE GREATEST
PARTS ABOUT THAT JOB. WHEN YOU
GOT TO COME OUT OF THE BACK ROOM
WAS, YOU KNOW, TO WORK AT THE
CHECKSTAND AND ENGAGE IN THESE
GREAT CONVERSATIONS WITH PEOPLE
THAT YOU GOT TO KNOW THAT WERE
NEIGHBORS, THAT SEEMED TO COME
BACK OVER AND OVER AGAIN AND
BASICALLY NOT JUST SHOP, BUT
CHECK IN. A RETAIL WORKER TOLD
ME THE OTHER DAY WHEN I SAID,
YOUR JOB MAY NOT BE AROUND
LONGER BECAUSE OF I SAID, NO,
I'M NOT WORRIED ABOUT THAT
BECAUSE PEOPLE WILL DEMAND THIS
KIND OF ACTIVITY, THESE KINDS OF
CONVERSATIONS, EVENTUALLY THE
PUBLIC WILL REBEL AGAINST RETAIL
ESTABLISHMENTS THAT AREN'T
PROVIDING THAT KIND OF JUST
GENERAL AMBIANCE. WE EXPECT THAT
WHEN WE GO TO A RESTAURANT, FOR
EXAMPLE, SO WHO KNOWS WHERE THIS
IS HEADED. BUT IT SEEMS TO BE
HEADED FOR THE TIME BEING IN THE
DIRECTION OF MORE AUTOMATION,
NOT LESS. AND ENSURE THE
MARKETPLACE WILL WILL SORT THIS
OUT. PERHAPS LIKE THAT WORKER
WAS TELLING ME, YOU KNOW, PEOPLE
WILL DEMAND WHAT THEY WILL
DEMAND AND, AND THE MARKET WILL,
WILL WANT TO ADDRESS WHAT
CUSTOMERS REALLY WANT. BUT IN
THE MEANWHILE, I DO THINK THERE
SHOULD BE SOME, SOME STATUTORY
PROTECTIONS ON, THE COMPLETE
DISPLACEMENT OF EMPLOYEES WHILE,
IF YOU WILL, WATER SEEKING ITS
OWN LEVEL HERE WHILE WE'RE
FIGURING OUT, YOU KNOW, HOW
PEOPLE TRANSITION IN AND OUT AND
WHAT, YOU KNOW, THE RETAIL OF
THE FUTURE LOOKS LIKE. AND SO
OBVIOUSLY, THE PROTECTION OF
WORKERS IS A LARGE PART OF, IF
NOT MOST OF THIS, IF NOT ALL OF
THIS COMMITTEE'S JURISDICTION.
SO, I'M GLAD YOU'RE WORKING ON
THE BILL. I THINK WE APPRECIATE
A HEARING FROM EVERYONE TODAY ON
ALL SIDES OF THE ISSUE, AND
WE'LL CALL FOR THE ROLL CALL.
VOTE ON SENATOR DEROSA'S MOTION.
I'M SORRY. I'M ACTING LIKE THE
REAL CHAIR HERE, BUT IT'S A
HABIT I APPRECIATE. IT'S A HABIT
. I ABSOLUTELY APPRECIATE YOUR
COMMENT. AND, YOU KNOW, OUR
STATE, AS WE LOOK AT OUR DEFICIT
, YOU KNOW, WE'RE SO RELIANT ON
OUR INCOME TAX AND OUR SALES
TAX. AND WHEN WE REMOVE WORKERS,
WE'RE ALSO REMOVING THAT THAT
REVENUE. AND SO IT'S VERY
IMPORTANT THAT WE LOOK CLOSELY
AT THIS. AND WHAT'S THE IMPACT
ON ON THE WORKER AS THESE
TECHNOLOGIES COME ON BOARD. SO I
JUST WANTED TO SAY ABSOLUTELY
AGREE WITH YOU, SENATOR. AND
I'LL RESPECTFULLY ASK FOR YOUR I
VOTE AGAIN ON THIS. THANK YOU.
ON FILE ITEM 11 THE MOTION IS Dð
PASS TO THE COMMITTEE ON
APPROPRIATIONS. SMALLWOOD CUEVAS
I SMALLWOOD. CUEVAS I WILK
CORTEZ. CORTEZ I DURAZO. DURAZO
I. LAIRD LAIRD I. FOUR ZERO. THE
BILL IS A40 VOTE WILL REMAIN ON
CALL. FOR ABSENT MEMBER VOTES.
ONE OF THEM, I GUESS, OR TWO.
I'M GOING TO HAND THE GAVEL BACK
TO THE ACTUAL CHAIR AT THIS TIME
. SENATOR DURAZO, I BELIEVE, IS
UP NEXT. AND I'M MADAM CHAIR. I
I'M JUST I'M GOING TO PRESENT A
BILL IN EDUCATION AND I WILL
RETURN. CAN WE LIVE CALL AND TRY
TO HIT THESE BILLS? HE'S OKAY.
THAT'LL BE GREAT. YEAH LET'S
LIFT THE CAR BRIEFLY. OKAY WE'RE
GOING TO LIFT CALLS SINCE WE
HAVE A NUMBER OF MEMBERS OF,
BEFORE WE PROCEED, ASSISTANT,
PLEASE CALL THE ROLL ON FILE.
ITEM ONE, SB 962. THE MOTION IS
DUE PASSED. THE SENATE FLOOR.
SENATOR WILK, SENATOR DURAZO.
SENATOR DURAZO I. THAT'S FOUR
ZERO. THE BILL IS ON CALL. ON
FILE ITEM NUMBER TWO, SB 1058,
IT'S DO PASS, AS AMENDED TO THE
SENATE FLOOR. SENATOR WILK,
SENATOR DURAZO I DURAZO I. FOUR
ZERO. THAT BILL IS ON CALL ON
FILE ITEM NUMBER THREE SB 1157.
THE MOTION IS DUE PASSED TO THE
COMMITTEE ON APPROPRIATIONS.
SENATOR WILK, SENATOR DURAZO
DURAZO I. THAT BILL IS ON CALL
FOR TO ZERO ON THE CONSENT
CALENDAR, WHICH HAS FILE ITEM
NUMBER FOUR ON IT. SB 1189.
SENATOR WILK. SENATOR DURAZZO.
DURAZZO. I THAT BILL IS ON CALL
FOR TO ZERO. ON FILE ITEM NUMBER
SIX, SB 1303. THE MOTION IS DUE
PASSED TO THE JUDICIARY
COMMITTEE. SENATOR WILK, SENATOR
DURAZZO. DURAZZO I, SENATOR.
LAIRD. LAIRD I. THAT BILL IS ON
CALL FOR TO ZERO. ON SB 1316,
THE MOTION IS DUE PASSED. THE
COMMITTEE ON APPROPRIATIONS.
SENATOR. WILK, SENATOR. DURAZZO.
DURAZZO. I. THAT BILL IS ON CALL
FOR TO ZERO ON FILE ITEM NUMBER
EIGHT, SB 1162. THE MOTION IS
DUE PASSED. THE COMMITTEE ON
RULES. SENATOR WILK, SENATOR
DURAZZO I DURAZZO. I ZERO. THE
BILL IS ALSO ON CALL FOR TO ZERO
OKAY. THANKS WITH THAT BEING
SAID, WE WILL CONTINUE WITH FILE
ITEM NUMBER IS THAT NUMBER NINE
SB 1350. SENATOR RUSSO, YOU MAY
PROCEED. THANK YOU, MADAM CHAIR,
THIS, BILL REQUIRES THE
DEPARTMENT OF INDUSTRIAL
RELATIONS TO MAKE
RECOMMENDATIONS TO THE
LEGISLATURE ON POLICIES THE
STATE MAY ADOPT TO PROTECT
DOMESTIC WORKERS FROM WORK
RELATED INJURIES AND ILLNESSES,
DESPITE CARING FOR WHAT WE HOLD
MOST DEAR, OUR FAMILIES AND OUR
HOMES, DOMESTIC WORKERS REMAIN
WITHOUT ANY HEALTH AND SAFETY
PROTECTIONS. A YEAR INTO THE
PANDEMIC, DOMESTIC WORKERS WERE
THREE TIMES MORE LIKELY TO HAVE
CONTRACTED COVID 19 THAN THE
GENERAL POPULATION.
ADDITIONALLY, CLIMATE
ACCELERATED DISASTERS MAGNIFY
THE DANGERS THAT DOMESTIC
WORKERS AND DAY LABORERS FACE ON
A DAILY BASIS DURING THE
WILDFIRES, DOMESTIC WORKERS AND
OTHER HOUSEHOLD WORKERS WERE
ASKED TO STAY BEHIND TO FIGHT
FIRES, GUARD HOMES OR PETS
WORKING SMOKY CONDITIONS AND
CLEAN UP TOXIC ASH. WORKERS WERE
FURTHER PUT AT RISK WHEN
EMPLOYERS FAIL TO TELL THEM THAT
THE HOMES THEY WERE IN WERE
UNDER MANDATORY EVACUATION.
THESE EXTREME DANGERS BEYOND
THIS, DOMESTIC WORKERS ALSO FACE
THE RISK OF INJURY AND ILLNESS
IN THEIR DAY TO DAY WORK RELATED
TO LIFTING AND CHEMICAL HANDLING
AND REPETITIVE STRAIN. SINCE THE
GOVERNOR'S VETO LAST YEAR OF MY
PRIOR LEGISLATION REMOVING THE
EXCLUSION OF PRIVATE PAY,
HOUSEHOLD DOMESTIC SERVICE
EMPLOYEES FROM CALIFORNIA'S
HEALTH AND SAFETY ACT
REQUIREMENTS, I HAVE BEEN IN
CONVERSATION WITH HIS OFFICE
REGARDING THE HEALTH AND SAFETY
OF DOMESTIC WORKERS. I AM
HOPEFUL THAT THOSE CONVERSATIONS
WILL RESULT IN A NEXT MEANINGFUL
STEP FORWARD IN ADDRESSING THE
LEGITIMATE AND IMPORTANT HEALTH
AND SAFETY RISKS ASSOCIATED WITH
DOMESTIC WORK. WITH ME HERE
TODAY TO TESTIFY IN SUPPORT IS
MEGAN WHALEN. WHALEN ACTING
DIRECTOR OF THE CALIFORNIA
DOMESTIC WORKERS COALITION AND
ANDREA LOPEZ, HOUSE CLEANER AND
MEMBER OF EDESSA. DIDN'T GET A
BUENOS DIAS. MY NAME IS ANDREA
LOPEZ BIÂU IN LOS ANGELES,
CALIFORNIA. I'M OLYMPIA CASAS
DESDE HACE DIEZ ANOS, SOY PARTE
DE MUJERES IN ACTION COALITION
DE TRABAJADORES DEL HOGAR DE
CALIFORNIA DESDE MAS DE DOS
ANOS. GOOD MORNING, MY NAME IS
ANDREA LOPEZ. I LIVE IN LOS
ANGELES, CALIFORNIA, AND I HAVE
BEEN CLEANING HOUSES FOR TEN
YEARS. I'VE BEEN PART OF WOMEN
IN ACTION OF EDESSA AND THE
CALIFORNIA DOMESTIC WORKERS
COALITION FOR MORE THAN TWO
YEARS. COMO TRABAJADORAS DE
MUCHOS RIESGOS DE TRABAJO Y NO
TENEMOS NINGUNA PROTECTION. CADA
DIA ENFERMA Y NOS VAMOS NUESTROS
EMPLEADORES NO TIENEN NINGUNA
RESPONSABILIDAD PARA NUESTRA
SEGURIDAD ESTÁ. CUANDO PASO LA
PANDEMIA GLOBAL ME EMPLEADO NO
ME AVISO QUÊ TENIA COVID Y YO LA
LIMPIEZA CASA SU PRIMOS DE Y
CAIDAS Y NOS PIDEN USAR DE
LIMPIEZA MUY PESADOS C¯ NOS
AFFECT LA GARGANTA NO SE LA PIEL
Y NOS ARDEN MUCHO MUCHO LOS OJOS
. AS DOMESTIC WORKERS, WE FACE
MANY RISKS AND WE DO NOT HAVE
ANY PROTECTION. WE GET SICK AND
INJURED EVERY DAY AND OUR
EMPLOYERS HAVE NO RESPONSIBILITY
FOR OUR SAFETY. DURING THE
PANDEMIC, MY EMPLOYER DIDN'T
EVEN TELL ME THAT THEY HAD COVID
WHILE I CLEANED THEIR HOUSE. WE
SUFFER FROM SLIPS AND FALLS AND
WE ARE ASKED TO USE VERY STRONG
CHEMICAL PRODUCTS THAT AFFECT
OUR THROAT, IRRITATE OUR SKIN
AND BURN OUR EYES. LÀ C¯ FUE
CUANDO ME PIDIO CARGAR MUY
PASADO Y C¯ ESTABA EMBARAZADA
TENIA UN MÉDICO QUÊ NO PASA NADA
. C¯ NO TENIA NADA Y QUÊ NO SE
ME VA NADA. YO POR EL MIEDO A
PERDER ME TRABAJO. NO ME MÀ ES
LO C¯ ELLA MAE DIO Y LO KHN.
THE WORST THING THAT EVER
HAPPENED TO ME WAS WHEN MY
EMPLOYER ASKED ME TO CARRY A
REALLY HEAVY BUCKET. I TOLD HER
I WAS PREGNANT, I WAS ABOUT A
MONTH INTO MY PREGNANCY AND SHE
TOLD ME, OH, NOTHING'S WRONG,
THAT SHE COULDN'T EVEN TELL I
WAS PREGNANT. AND OUT OF FEAR OF
LOSING MY JOB, OUT OF FEAR THAT
THEY WOULDN'T CALL ME AGAIN, I
DID WHAT SHE ASKED ME TO DO AND
I PICKED IT UP. OAN LICCARDO A
GALLON ON MY ABDOMEN. ESTE DIA
SABADO POR LA TARDE. VA A SER
INOLVIDABLE AL OTRO DIA DOMINGO.
DIEZ DE LA MANANA. YO YO ESTABA
EN EL HOSPITAL. PORQUE MEDIO UN
DOLOR. UN SANGRADO O QUÊ NUNCA
OLVIDARÉ PODRIA ME BEBÉ. I STILL
REMEMBER THAT PULL I FELT IN MY
ABDOMEN THAT SATURDAY AFTERNOON.
I WILL NEVER FORGET IT. THE NEXT
DAY, SUNDAY 10 A.M, I WAS
ALREADY IN THE HOSPITAL BECAUSE
I HAD PAIN AND BLEEDING THAT I
WON'T FORGET. I LOST MY BABY.
OJALA ESTA MENSAJE DE TODOS MIS
COMPANERAS. TOQUE SU CORAZON Y
EL DEL GOBERNADOR. GAVIN NEWSOM.
I HOPE THIS MESSAGE AND THAT OF
ALL OF MY FELLOW WORKERS,
TOUCHES THE HEARTS OF YOU AND OF
GOVERNOR NEWSOM. DE ABRIL EN
RAMOS A TODOS LOS TRABAJADORES
C¯ UN LESIONADO ONE PERDIDO LA
VIDA POR CONDICIONES DE TRABAJO
NO SEGUROS HOY YA DIGAMOS
NINGUNA MUERTE MAS EN EL NOMBRE
DE ME BABY. SI LOS PIDO
REPRESENTANTES DE ESTE COMITÉ
LOS TRABAJADORES DEL HOGAR,
SOMOS ESSENTIELS NO SACRIFICE,
PLEASE. AT THE END OF THIS
MONTH, ON APRIL 28TH, FOR
WORKERS MEMORIAL DAY, WE WILL
HONOR ALL WORKERS WHO HAVE BEEN
INJURED, WHO HAVE OR WHO HAVE
LOST THEIR LIVES DUE TO UNSAFE
WORKING CONDITIONS. TODAY, LET'S
SAY NO MORE DEATHS IN THE NAME
OF MY BABY. I ASK YOU
REPRESENTATIVES OF THIS
COMMITTEE, TO MESTIC WORKERS ARE
ESSENTIAL, NOT SACRIFICIAL.
THANK YOU. GRACIAS. THANK YOU SO
MUCH. GOOD MORNING, MADAM CHAIR
AND COMMITTEE MEMBERS. MY NAME
IS MEGAN WHALEN. I'M THE DEPUTY
DIRECTOR OF THE CALIFORNIA
DOMESTIC WORKERS COALITION. OUR
COALITION IS THE LEADING VOICE
FOR THE MORE THAN 300,000 HOUSE
CLEANERS, NANNIES AND HOME CARE
WORKERS IN THE STATE. WE ARE NOW
IN OUR FIFTH YEAR ADVOCATING TO
END THE EXCLUSION OF DOMESTIC
WORKERS FROM OCCUPATIONAL HEALTH
AND SAFETY RIGHTS. DURING THIS
TIME, WE HAVE SEEN VIRGINIA, NEW
JERSEY AND WASHINGTON, D.C.
EXTEND HEALTH AND SAFETY
PROTECTIONS TO THIS ESSENTIAL
WORKFORCE. WE BELIEVE CALIFORNIA
CAN AND MUST FIND A SOLUTION.
WITH EVERY YEAR, THE EXCLUSION
CONTINUES. MORE PEOPLE IN OUR
COMMUNITIES BECOME SICK OR
INJURED WHILE WORKING IN
ISOLATION BEHIND THE CLOSED
DOORS OF PRIVATE HOMES, THE VAST
MAJORITY OF WHOM ARE WOMEN OF
COLOR AND IMMIGRANT WOMEN. JUST
IN THE LAST FEW YEARS, DOMESTIC
WORKERS HAVE BEEN ASKED TO WORK
ON THE FRONT LINES THROUGH
CLIMATE DISASTERS, WILDFIRES,
FLOODING AND THE DEVASTATING
GLOBAL PANDEMIC, ALL WITHOUT
BASIC PROTECTIONS. ÓRDENES. THE
REALITY IS THAT WHILE HOUSEHOLD
EMPLOYMENT IS UNIQUE, DOMESTIC
EMPLOYERS ARE ALREADY
RESPONSIBLE FOR COMPLYING WITH
OTHER STATE LABOR LAWS, SUCH AS
MINIMUM WAGE, OVERTIME
PROTECTIONS AND PAID SICK LEAVE.
AND MOST RELEVANT, MOST
EMPLOYERS ARE ALREADY LIABLE
WHEN THE PEOPLE THEY EMPLOY GET
INJURED ON THE JOB. WE'VE SEEN
IN OUR COALITION'S WORKSHOPS FOR
DOMESTIC EMPLOYERS HOW THEY PAY
ATTENTION AND HOW MUCH MORE
COMPELLING IT IS WHEN WE SAY
THIS IS THE LAW. WITH THE SB 321
ADVISORY COMMITTEE
RECOMMENDATIONS AND VOLUNTARY
INDUSTRY GUIDELINES PUBLISHED
LAST YEAR, WE ALREADY HAVE A
BLUEPRINT FOR HOW WE CAN CREATE
HEALTH AND SAFETY, HEALTHY AND
SAFE HOME WORKPLACES. TODAY, WE
ASK THAT YOU SUPPORT SB 1350 IN
ORDER TO ENSURE OUR STATE'S
PROGRESS TO REACH A SOLUTION TO
PROTECT THE HEALTH, SAFETY AND
DIGNITY OF THIS ESSENTIAL
WORKFORCE AND BY EXTENSION, TO
SUPPORT THE WELL-BEING OF ALL
CALIFORNIA FAMILIES THAT RELY ON
THEM AS WELL. I RESPECTFULLY ASK
FOR YOUR AYE VOTE. THANK YOU
VERY MUCH, I WANT TO ASK ALL OF
THE FOLKS WHO WANT TO SPEAK IN
SUPPORT OF THE BILL TO PLEASE
STEP FORWARD AND STATE YOUR
NAME, YOUR AFFILIATION AND
POSITION ON THE BILL. I'M DANIEL
JEFFERSON PILIPINO WORKERS
CENTER, VERY STRONG SUPPORT. MY
NAME IS MARCELLA CAMILA VENGO DE
SAN FRANCISCO, CALIFORNIA. Ã
QUIERO C¯ LÀ KANSEN SB 33
CINCUENTA SOY TRABAJADORES DE LA
TENGO MAS DE DIEZ ANOS. GRACIAS
HELLO, EVERYONE. MY NAME IS
GUILLERMINA CASTELLANOS. I WORK
WITH THE DOMESTIC WORKER,
COLLECTIVE AND THEY LABOR
PROGRAM. AND I COME FROM,
CALIFORNIA DOMESTIC WORKER AND I
SUPPORT 1350. THANK YOU SO MUCH.
THANK YOU. BÀN NÓ DÍAS ME ME
NOMBRE ES ALMA VELIZ VENGO DE
SAN FRANCISCO. SOY DE LA
COALITION DE LA COALITION
ESTATAL DE TRABAJADORAS DEL
HOGAR. TENGO DOS ANOS CUIDANDO
PACIENTES A EL APOYO LÀ LA
CUENTA. GRACIAS THANK YOU AND
GOOD MORNING, MEGAN ORTIZ,
EXECUTIVE DIRECTOR OF EDESSA IN
LOS ANGELES. IN STRONG SUPPORT.
THANK YOU. IS THERE ANY
WITNESSES SPEAKING IN OPPOSITION
TO THIS BILL? NÓ ANY ONE WHO
WANTS TO OPPOSE THIS BILL THAT
WANTS TO GIVE COMMENT. SEEING
NONE, WE WILL TURN THIS OVER TO
THE DÍAS. AND I JUST WANT TO
START BY SAYING THANK YOU SO
MUCH FOR SHARING YOUR YOUR STORY
AND YOUR PAIN WITH US. WE SEND
YOU MUCH LOVE AND HEALING AND
RESILIENCE, AND, AND WE KNOW HOW
MUCH COURAGE IT TAKES FOR YOU TO
COME HERE TODAY AND TO SHARE
THAT EXPERIENCE WITH US,
SPEAKING NOT JUST FOR YOURSELF,
BUT SO MANY OTHER WORKERS. SO I
JUST WANT TO SAY THANK YOU SO
MUCH FOR YOUR COURAGE, ANY OTHER
MEMBERS LIKE TO COMMENT? YES, I
WOULD, TAMBIÉN QUIERO DECIR QUÊ
SUS COMENTARIOS POR ROSAS E
GRACIAS PARA VENIR EL LIDER DE
NUESTRO COMITÉ NOS DIJERON DE SU
CORAJE PARA ESTAR AQUI. SO
GRACIAS THE DE MIEMBROS DEL
COMITÉ. I WANT TO THANK HER FOR
HER POWERFUL COMMENTS, AND I
ALSO WANT TO THANK THE AUTHOR
FOR HER PERSEVERANCE, AND I
WOULD HAPPILY MOVE THE BILL.
THANK YOU. WELL, WE HAVE A
MOTION, AND WE'LL HOLD THIS BILL
ON CALL FOR OTHER MEMBERS, BUT I
WANT TO GIVE THE GREAT SENATOR
AN OPPORTUNITY TO SPEAK AND TO
THANK HER SO MUCH FOR BRINGING
THIS FORWARD AND FOR YOUR
VIGILANCE. FIVE YEARS, SO THANK
YOU SO MUCH, SENATOR RUSSO, I
RESPECTFULLY ASK, I VOTE IT'S
GOING TO MEAN A LOT AS WE
CONTINUE OUR CONVERSATIONS WITH
THE GOVERNOR'S OFFICE. THANK YOU
. SO WE CAN CALL THE ROLL.
THAT'S RIGHT. BECAUSE THERE'S
MORE THAN ONE OF US HERE. SO,
ASSISTANT, PLEASE CALL THE ROLL
ON FILE ITEM NINE. THE MOTION IS
DUE PASSED. THE COMMITTEE ON
APPROPRIATIONS. SMALLWOOD.
CUEVAS. SMALL CUEVAS I WILK
CORTEZ. DURAZO. DURAZO I. LAIRD
I. LAIRD I. WAS ON CALL. HOLD
ON. THE BILL IS ON CALL. VOTE 3
TO 0 AND WE'LL TAKE IT UP. AND
THE OTHER MEMBERS COME. THANK
YOU SO MUCH. FINE. ALL RIGHT.
SENATOR NEWMAN'S IN THE HOUSE.
MUCH AWAITED FILE. ITEM NUMBER
FIVE. WE ARE AT SB 1202. GOOD
MORNING. THANK YOU, MADAM CHAIR.
I'VE BEEN CHAIRING, EDUCATION
COMMITTEE. I HAVE A MEMBER OF
THE COMMITTEE WHO LOOKS
STRIKINGLY LIKE YOU ON THAT
COMMITTEE, IT'S BEEN AN
INTERESTING DAY, MADAM CHAIR AND
MEMBERS, THANK YOU FOR THE
OPPORTUNITY TO PRESENT SB 1202,
WHICH WOULD REQUIRE THE LABOR
AND WORKFORCE DEVELOPMENT AGENCY
TO ISSUE A QUARTERLY REPORT ON
WORKPLACE ASSAULTS. BEFORE I
BEGIN, I'D LIKE TO MAKE CLEAR
THAT I AM ACCEPTING THE
COMMITTEE AMENDMENTS, WHICH WILL
BE TAKEN, IN SENATE JUDICIARY,
AND THANK THE COMMITTEE'S
CONSULTANT, AMA BRUCE, FOR HER
WORK ON THIS BILL. THESE
AMENDMENTS BETTER ALIGN THE BILL
WITH ITS ORIGINAL INTENT AND
ENSURE THAT IT IS NOT
DUPLICATIVE OF EXISTING LAW BY
MOVING THE SPECIFIED REPORT TO
THE MORE APPROPRIATE AGENCY OF
CAL HR, AND BY INDICATING THAT
THIS REPORT ONLY APPLIES TO
PUBLIC EMPLOYEES AND WILL ONLY
BE REPORTED TO THE LEGISLATURE.
ACCORDING TO THE DEPARTMENT OF
JUSTICE, PUBLIC EMPLOYEES
EXPERIENCED WORKPLACE VIOLENCE
INCIDENTS AT RATES THREE TIMES
HIGHER THAN PRIVATE EMPLOYEES.
SB 1202 ENDEAVORS TO ENSURE
GREATER OVERSIGHT OF THESE
INCIDENTS BY REQUIRING CAL HR TO
REPORT SUCH INCIDENTS ANNUALLY
TO THE LEGISLATURE. THE IMPETUS
FOR THIS BILL WAS ACTUALLY A
HORRIFIC INCIDENTS WHICH
OCCURRED AT A CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION FACILITY, WHERE
AFTER AN EMPLOYEE WAS BRUTALLY
ASSAULTED, THEIR UNION
REPRESENTATIVES WERE UNABLE OVER
AN EXTENDED PERIOD OF TIME TO
ACCESS ANY STATISTICAL DATA
ABOUT THESE INCIDENTS THAT WOULD
HELP INFORM THEIR ADVOCACY AND
PREVENT FUTURE SIMILAR EVENTS,
SB 553, AUTHORED BY SENATOR
CORTESE AND PASSED LAST YEAR,
WILL ALSO HELP REMEDY THIS ISSUE
BY MANDATING WORKPLACE VIOLENCE
PREVENTION PLANS AND THE
MAINTENANCE OF RECORDS RELATED
TO VIOLENT INCIDENTS, SO THAT
UNION REPRESENTATIVES MAY ACCESS
AND UTILIZE THIS DATA. SB 1202
SEEKS TO FURTHER ADVANCE THE
INTENT OF SB 553 BY REQUIRING AN
ANNUAL REPORT OF WORKPLACE
ASSAULTS ON PUBLIC SECTOR
EMPLOYEES TO THE LEGISLATURE. I
AM RESPECTFULLY ASKING FOR YOUR.
I VOTE TODAY. THANK YOU. SENATOR
NEWMAN, DO YOU HAVE ANY
WITNESSES? I DO NOT. OKAY, I
DON'T WELL, OH, OKAY. I DON'T
SEE ANY FOLKS IN, OUR AUDIENCE
HERE, SO WE WILL JUST TURN IT
OVER TO THE SERGEANTS OR FOLKS,
BUT THEY'RE NOT LIKELY GOING TO
TESTIFY. JUST JUST FOR THE
RECORD. SO IS THAT A MOTION, ARE
YOU MAKING? I MOVE THE BILL ON
TV. IT LOOKS LIKE WE HAVE A
MULTITUDE WITH. GREAT. SO WHY
DON'T WE ASSIST AND CALL THE
ROLL, THEN, DOES HE WANT TO
CLOSE? YOU SHOULD CLOSE. THAT'S
RIGHT. CLOSE. QUICKLY, PLEASE. I
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. ON FILE ITEM NUMBER
FIVE, THE MOTION IS DUE PASSED.
THE COMMITTEE ON RULES.
SMALLWOOD. CUEVAS. SMALLWOOD
CUEVAS I SENATOR WILK. CORTEZ
CORTEZ I DURAZO. LAIRD LAIRD I
THANK YOU, MEMBERS. AND IF YOU
FIND YOURSELF IN THE
NEIGHBORHOOD, STOP BY EDUCATION
WITH YOU. SO I JUST WANT TO SAY
THIS IS THIS BILL IS 3 TO 0 AND
IT IS ON CALL. THANK YOU. THANK
YOU, MADAM CHAIR. THANK YOU,
SENATOR. BOXER.
OKAY, LET'S LIFT THE CALL ON
FILE ITEM NUMBER NINE.
ASSISTANT. CALL THE ROLL ON SB
1350. THE MOTIONS DO PASS TO THE
COMMITTEE ON APPROPRIATIONS.
SENATOR WILK. CORTEZ. CORTEZ, I.
VOTE IS FOUR ZERO, AND THIS BILL
IS ON CALL. OKAY, TAKE A BRIEF.
CÁC. YEAH. SO HE HE CAME OUT
THERE HE IS. OKAY. THIS IS BAD
DIRECTION FOR MY STAFF TODAY.
ALTHOUGH I GOT GOOD NEWS. I GOT
ALL MY STEPS IN. OH, MAN. I'M
MORTIFIED. OKAY, WE'RE GOING TO
LIFT THE CALL SINCE, THE SPECIAL
GUEST HAS ARRIVED. SENATOR WILK,
ASSISTANT, DO YOU WANT TO START
TO CALL THE ROLL ON ITEM? LET'S
SEE WHERE WE NUMBER FILE ITEM
NUMBER ONE ON SB 962, DO PASS,
AS AMENDED TO THE SENATE FLOOR.
SENATOR WILK, I WILK I THAT'S.
THAT BILL IS OUT WITH A VOTE OF
5 TO 0 ON FILE ITEM NUMBER TWO,
SB 1058. IT'S ALSO DO PASS, AS
AMENDED TO THE SENATE FLOOR.
SENATOR WILK Ã WILK. I. THE
BILL IS OUT WITH A VOTE OF 5 TO
0 ON FILE ITEM NUMBER THREE, SB
1157. IT'S Dð PASS TO THE
COMMITTEE ON APPROPRIATIONS.
SENATOR WILK. WILK. I ZERO OUT.
THE BILL IS OUT WITH A VOTE OF 5
TO 0 ON THE CONSENT CALENDAR.
SENATOR WILK I WILK I ZERO. THE
BILL IS OUT WITH A VOTE OF 5 TO
0 ON FILE ITEM NUMBER FIVE, SB
1202. IT'S THE MOTIONS DO PASS
THE COMMITTEE ON RULES. SENATOR
WILK A WILK I. THINK IT'S 401.
CALL THAT BILL IS ON CALL WITH A
VOTE OF 4 TO 0. ON FILE ITEM
NUMBER SIX, THE MOTION IS DUE
PASSED. THE COMMITTEE ON THE
JUDICIARY. SENATOR WILK NØ WILK
NØ. IT'S 4 TO 1. IT'S OUT. THAT
BILL IS OUT WITH THE VOTE OF 4
TO 1 ON SB 1316. THE MOTION IS
DUE PASSED THE COMMITTEE ON
APPROPRIATIONS, FILE ITEM NUMBER
SEVEN. SENATOR WILK A WILK. I
ZERO OUT. THAT BILL IS OUT WITH
A VOTE OF 5 TO 0 ON FILE ITEM
NUMBER EIGHT, SB 1162. IT'S THE
MOTIONS DO PASS TO THE COMMITTEE
ON RULES. SENATOR WILK WILK I
THE BILL IS OUT WITH A VOTE OF 5
TO 0 ON FILE ITEM NUMBER NINE,
SB 1350. IT'S Dð PASS TO THE
COMMITTEE ON APPROPRIATIONS.
SENATOR WILK NØ WILK NØ ONE.
IT'S OUT. THAT BILL IS OUT WITH
A VOTE OF 4 TO 1. AND ON FILE
ITEM NUMBER TEN, SB 1089, IT'S
Dð PASS TO THE COMMITTEE ON THE
JUDICIARY. SENATOR WILK, I'M NOT
VOTING. NOT VOTING. OKAY, THAT'S
FOUR ZERO. IT'S OUT THAT BILL IS
OUT WITH A VOTE OF 4 TO 0.
LASTLY, FILE ITEM 11, SB 1446 IS
DO PASS TO THE COMMITTEE ON
APPROPRIATIONS. SENATOR WILK NØ
WILK NØ. THAT BILL IS OUT WITH A
VOTE OF 4 TO 1. OKAY.
IS OUT ON FILE ITEM SB 1202 WITH
A VOTE OF 4 TO 0. THAT BILL IS
OUT. OKAY, THAT CONCLUDES OUR
AGENDA. EVERYONE FOR TODAY. IF
YOU WERE NOT ABLE TO TESTIFY,
PLEASE SUBMIT YOUR COMMENTS IN
WRITING TO THE COMMITTEE. THANK
YOU EVERYONE. THE SENATE
COMMITTEE ON LABOR, PUBLIC
EMPLOYMENT AND RETIREMENT IS
ADJOURNED.