Senate Standing Committee on Judiciary
- Thomas Umberg
Legislator
Thank you, committee assistant Porter, for your initiative in creating books for us today. That's for those of you in the audience. That's a big deal for us. All right, so we're going to begin. We'll come to order. Senate Committee on Judiciary will come to order. We're holding this Committee hearing in room 2100 of the O Street Building.
- Thomas Umberg
Legislator
As folks who are frequent observers of this Committee will note, we're starting in the morning today. We, if necessary, will reconvene at 1:30.
- Thomas Umberg
Legislator
The plan today is we will adjourn about noon for our respective caucuses, then return about 1:30 or 13:30 for your military types. I would ask that all members who are on the Senate Judiciary Committee present themselves. I'm going to unfortunately have to leave in a little while to go back to the Assembly Judiciary Committee.
- Thomas Umberg
Legislator
Some housekeeping notes, AB 395 by assembly member Gabriel, AB 334 by assembly member Petrie Norris and file item 25 AB 498 by assembly member Michelle Rodriguez were going to be heard today but have been moved to out July 15th hearing. Congratulations because we need more bills because July 15th we don't want to be bored.
- Thomas Umberg
Legislator
So I'm going to read now the items that are on the consent calendar. I want to note that a bill previously listed on the consent calendar has been pulled from the consent calendar and we will actually be hearing the bill today. That bill is File item number 29 AB 1363 by assembly member Stephanie.
- Thomas Umberg
Legislator
We have 13 bills on consent today. They are as file number 3 AB 774 by assembly member Bar Cahan, file number 7 AB 651 by assembly member Brian, File number 12 AB 961 by assembly member Avila Farias Filem number 13 A.B. 1155 by Assembly Member Fong Filem number 15 A.B. 91 by Assembly Member Harabedian Filemum number 18 A.B.
- Thomas Umberg
Legislator
1033 by asembly member Lackey. File number 21 AB 1510 by assembly Public Employment and Retirement Committee. File number 23 AB 561 by assembly member Quirk-Silva with amendments. File number 24 AB 1390. 1387. AB 1387 by assembly member Quirk-Silva. File number 26 AB 1378 by assembly member Rogers. File number 27 AB
- Thomas Umberg
Legislator
987 by assembly member Sharpe Collins. File number 28 AB 824 by assembly member Stephanie. And file item number 33 AB 418 by assembly member Wilson. All right, so the ground rules today are the same as we have had for the last, say, five years or so. For each bill, there will be two witnesses in support permitted.
- Thomas Umberg
Legislator
Each of those witnesses shall have two minutes, in other words, four minutes in total for the support side. After the support witnesses testify, by the way, you don't have to have two witnesses, but if you do, they each get two minutes.
- Thomas Umberg
Legislator
Then those who are here to support the various bills can report to the microphone and provide us their name, their affiliation and their position on the bill. After the support side testifies both the primary and MeToos, then the opposition will testify. Same rules, two minutes for each of the two primary witnesses. Plus so called MeToo testimony.
- Thomas Umberg
Legislator
Name, position and affiliation. We're going to begin today as a subcommitee. I see senator Smallwood-Cuevas is here. And so we will begin with senator Smallwood-Cuevas. That is file item number one. Senator, floor is yours.
- Lola Smallwood-Cuevas
Legislator
Thank you, Mr. Chair. Good morning, Senators. I'm proud to present the Senate Concurrent Resolution 89, which reaffirms the California Legislature's commitment to diversity, equity and inclusion. DEI as a foundational piece of our commitments to justice, fairness, democratic participation and liberty. It is core.
- Lola Smallwood-Cuevas
Legislator
SCR89 affirms that DEI principles rooted in the Constitution and in our civil rights legacy are essential to ensuring government serves all people, not just the powerful. And we say this at a time when democracy itself is under attack.
- Lola Smallwood-Cuevas
Legislator
Across the country, we are witnessing coordinated efforts to dismantle DEI programs, to silence public servants, to erase the progress we fought for, often under the false banner of neutrality, of merit. That backlash is reaching California, too. At least 10 DEI initiatives in our state have already been scaled back or eliminated.
- Lola Smallwood-Cuevas
Legislator
Lawsuits, misinformation and fear are forcing institutions to retreat from our equity work. And at the federal level, Executive orders targeting DEI have created sweeping uncertainty and financial harm, threatening billions in grant funding, academic research, workforce development, investments, all tied to inclusive practice.
- Lola Smallwood-Cuevas
Legislator
But while other states turn back, California continues to lead Executive order in 1622 to equity integration efforts in both houses of this Legislature, we've taken real steps to embed fairness, inclusion and accountability into how our government operates. DEI is not performative.
- Lola Smallwood-Cuevas
Legislator
It's not about breaking down the structural barriers that block opportunity, especially for black, brown, immigrant, LGBTQ women and low income communities. It's also about protecting the educators, the health workers, our public employees and advocates who are all too often targeted for advancing truth and justice in our institutions. And the evidence is clear.
- Lola Smallwood-Cuevas
Legislator
While disparities still exist, California's economy grew to become the fifth. From the fifth largest economy in the world to the fourth largest. After implementing many of these equity centered programs, that is proof that we don't have to choose between growth and equity. We can and must do both.
- Lola Smallwood-Cuevas
Legislator
With me to testify today are Lakeisha is Lakeisha Watkins from the Black Women for Wellness Action Project.
- Lakeisha Camise
Person
Thank you. Chair Members of the Committee, thank you for this opportunity to speak today. Just a correction, my name is Lakeisha Camise and I proudly represent Black Women for Wellness and Black Women for Wellness Action Project. We are here to express our unequivocal support for SER89.
- Lakeisha Camise
Person
This measure not only affirms California values and commitment to diversity, equity and inclusion, but it also shows that these are principles that are foundational to a thriving, just and prosperous society. Since its inception, California has been a beacon of progress and a model for inclusive governance.
- Lakeisha Camise
Person
With over 70% of its population identifying as people of color, California's strength lies in its diversity. Upholding DEI is not some trend. It's an obligation to the communities that power this state.
- Lakeisha Camise
Person
From the tech hubs of the Bay Area to the cultural richness of Los Angeles, DEI policies ensure that talent from every corner of our state is recognized, respected and supported. If I can quote the successful serial entrepreneur Mark Cuban, he said diversity is good for business. It's not just a slogan. It's backed by Research.
- Lakeisha Camise
Person
In 2020, the McKinsey Report founded that companies in the top quartile for ethnic and cultural diversity outperformed their less diverse counterparts more by 36% in profitability. DEI enhances innovation, performance and decision making across sectors. We all watch the news, we've watched the media and we saw across this nation this aggressive backlash against DEI programs.
- Lakeisha Camise
Person
So it's not just political, it's personal. We recently seen that nonprofits are scaling back their DEI programs due to funding losses and fear of political retribution. Minority owned businesses and organizations.
- Lakeisha Camise
Person
Yes. Yes. Black Women for Wellness and Black Women for Wellness Action projects have longstanding, unwavering commitment to dei. We know our communities are stronger, our policies are smarter and. And our futures are brighter when everyone is included. We strongly urge your support for Ser 89.
- Roger Niello
Legislator
Are there. Is there another primary witness? No. Are there others? I hear that support or me too? Is there a primary witness in. Are there others in support? Do I see people approaching the microphone?
- Andy Mason
Person
Good morning. Andy Mason from cleanearth4kids.org in support of SCR89. There are several me toos supporting this as well. North County Equity and Justice, Eco Sustainability Peeps and the Interfaith Coalition for Earth Justice. Thank you. Thank you.
- Tasia Stevens
Person
Tasia Stevens, on behalf of Catalyst California, in strong support.
- Roger Niello
Legislator
Thank you. Others in support. Seeing none come forward. Is there a primary witness in opposition? Are there others in opposition? Seeing none come forward. Bring it back to the Committee. Any questions or comments?
- María Elena Durazo
Legislator
Thank you, Mr. Chair. And I want to thank the author. We have an extraordinary history of diversity in this state, and it's always been for the better of the country, of the state as well as the country. So I'm very, very proud of that.
- María Elena Durazo
Legislator
And we need to continue to show off and really remind people of what part of what makes California. A big part of what makes California so great is the diversity. So I want to thank the author. And so many practical things are connected to dei Access to health care and the best health care.
- María Elena Durazo
Legislator
Well, that's good for everybody. Language access. That's good for everybody because a more informed and inclusive community, we're a stronger democracy. So I want to thank the witness and thank you. I think this is a really good and timely reminder of what California is all about.
- Roger Niello
Legislator
Senator Smallwood-Cuevas, you may close. We obviously do not have a quorum. There will be a motion at the appropriate time, I'm sure, but please feel free to close.
- Lola Smallwood-Cuevas
Legislator
And I want to thank the good Senator for her comments and I want to thank the witnesses and those who support this bill. This is about California taking a stand. We're taking a stand in our diversity. We're taking a stand in our commitments to inclusion.
- Lola Smallwood-Cuevas
Legislator
And knowing that DEI means real profits, real opportunity, real ideas and innovation that spring from the diversity across every sector. To turn our backs on diversity would be turning our backs on what California is all about and turning our backs on her people.
- Lola Smallwood-Cuevas
Legislator
And we know now more than ever we need to stand with all Californians from all backgrounds, from all creeds, colors, against what is happening in our state. And we know that DEI is a foundational principle that gives us the power to do so. And with that, I respectfully ask for your aye vote.
- Roger Niello
Legislator
Thank you, and let's see, our next bill is AB 1348, assembly member Bains. Do we have any other authors here? Appears we are at a standstill. If there are any authors to present in Senate Judiciary Committee available, please come on down. Also invite all members of the Judiciary Committee to come on down it.
- Roger Niello
Legislator
Assembly member Bains, you may come up right away. You may proceed with AB 1348 when ready.
- Jasmeet Bains
Legislator
All right. Thank you, Chair and members. The Trump Administration is trying to erase immigrants from public spaces, and they are intent on using children to do it. The only reason to instruct ICE to operate around schools, playgrounds and daycares is to use children as bait to deport their parents. The sad truth is these tactics seem to be working.
- Jasmeet Bains
Legislator
In the wake of immigration raids, schools in the Central Valley have reported absences rates 22% above normal. Some charter schools in Los Angeles report absence rates eclipsing 30%. Not surprisingly, the biggest jump in absences is happening with the youngest students who are too young to walk to school alone.
- Jasmeet Bains
Legislator
Simply put, when parents worry that dropping their kids off at school might result in deportation, they don't go. When attendance drops, funding disappears. And when funding disappears, all students suffer. Regardless of immigration status. AB 1348 gives us a choice.
- Jasmeet Bains
Legislator
Voting no on this bill means we believe our schools deserve to lose funding because our representatives in Washington have failed to fix the broken immigration system. Voting yes on this bill means that regardless of your stance on immigration, you do not believe school funding should be caught in the crossfire.
- Jasmeet Bains
Legislator
And I'm asking for your support on AB 1348 today because our schools should not be made casualties in the political war they did not start and cannot end.
- Unidentified Speaker
Person
Yes, she does. Yes. My name is Xavier. I'm representing the California Charter Schools Association. Want to thank the author for ensuring that charter schools are included in this important bill and also say that we strongly support this bill. Every child in the United States, regardless of their immigration status, has a constitutionally protected right to public education.
- Unidentified Speaker
Person
Fewer students in these classrooms due to fears of immigration enforcement means less funding for schools. This funding pays for teachers, counselors, and essential programs. When classrooms are empty, both educational outcomes and the student operations suffer. As advocates and educators and policymakers, it's our job to make sure that these students can learn in a safe environment.
- Unidentified Speaker
Person
For these reasons, I respectfully urge your aye vote on SB 1348. Thank you.
- Mitch Steiger
Person
Thank you, Mr. Chair, members and staff, Mitch Steiger with CFT, a union of educators and classified professionals, in strong support of this bill for all the reasons stated so well by the author and previous witness.
- Mitch Steiger
Person
We would just add that we think the bill is an important measure to align current law with the disturbing reality that we now face of a Federal Government that has declared war on our schools, on our daycares, on our communities, on our homes, on all the places and people that make our communities and cities what they are.
- Mitch Steiger
Person
For the simple reason, well, for two reasons really, one so that they can get rid of people that they don't like, but also to create fear.
- Mitch Steiger
Person
And it's that fear that's at the heart of this bill, where parents and students make the very logical, very defensible decision to not go to school because of the risk that they'll face some sort of violent kidnapping at the result of. At the hands of masked, unidentified people.
- Mitch Steiger
Person
And so our school system is set up such that they lose funding. When that happens, when kids don't go to school for whatever reason, the schools lose funding. They can't do what they do as well as they could before, except for one of a list of specifically enumerated conditions, things like snowstorms and epidemics.
- Mitch Steiger
Person
The schools don't lose funding for that. We see this as in the same category as those. You can still go to school in a snowstorm or an epidemic, but it might not be a very good idea. It might be too dangerous for it to make sense. And that's exactly where we are right now.
- Mitch Steiger
Person
For a lot of our fellow Californians, it doesn't make sense to go to school given the dangers that they face. So this adds this condition to that list. But it also creates an additional circumstance where the students still have to have their constitutionally protected right to an education method.
- Mitch Steiger
Person
They do still have to have access to some sort of synchronous education so that they can learn as they need to, so they can still be going to school, which then places additional demands on our members as both teachers and classified workers.
- Mitch Steiger
Person
They still have to keep doing everything that they're doing, in some cases more of it, because the students are no longer physically there. So we think it's a sensible reform, one that makes a lot of sense and helps fight some of that fear that's being created by the Federal Government. And we urge your support. Thank you.
- Roger Niello
Legislator
Thank you. We'll now move to the MeToo testimony. Those in favor, come to the microphone.
- Pamela Gibbs
Person
Good morning, Mr. Chair and Senators Pamela Gibbs representing the Los Angeles County Office of Education, serving and supporting 80 school districts and approximately. 2 million children throughout the county in strong support of the bill.
- Panare Abdis
Person
Good morning, Panarea Abdis representing the California Community Foundation, in support of.
- Rosanna Carvacho Elliott
Person
Good morning. Mr. Vice Chair and Senator, Rosanna Carvacho Elliott here on behalf of the City of Alameda, also in support. Thank you.
- Recal Morales
Person
Good morning. Recal Morales on behalf of Ed Trust West, in support.
- Cooper Kenney
Person
Good morning. Cooper Kenney on behalf of San Francisco Unified School Districts, in support. Thank you.
- Adam Keigwin
Person
Good morning, Mr. Chair and Senator, Adam Keglin on behalf of California LULAC and Alliance College Ready Public Schools in support.
- Tim Porteus
Person
Other witnesses in sport. My name is Tim Porteus. I'm here for my wife. She's a preschool teacher and they are scared and afraid because they cannot protect the children from watching these things happen, please support it.
- Roger Niello
Legislator
Others in support. Seeing no witnesses coming forward. Is there a primary witness in opposition? Are there any people here otherwise in opposition? Seeing none come forward. We'll bring it back to the Committee. Senator Durazo, thank you.
- María Elena Durazo
Legislator
Thank the author very much for and all the supporters who were here. Could you just very briefly explain how the adjustment would be made in the ADA so that we make sure that the funding is getting and if you have any rough estimate of the kind of funding that is involved in this.
- Jasmeet Bains
Legislator
So we were told there was a estimate given. I will get that information to you.
- Jasmeet Bains
Legislator
So this will allow schools to be able to sign up currently right now as was stated by one of the people at the witnesses was that currently right now as a school, if there is a disaster like a snowstorm or flood, they can apply for funding because of that day students were not in.
- Jasmeet Bains
Legislator
This adds immigration raids to that list so, schools will be able to apply for that funding.
- María Elena Durazo
Legislator
Yeah, I ask because the impact of the raids isn't necessarily just where a raid takes place. And so I think as one witness talked about, the fear is this goes way beyond the places, the individual places where a raid has taken place.
- María Elena Durazo
Legislator
So I don't want our kids to be left out of the funding that they need because they weren't the specific target that day of a particular place. So, I just want to make sure that more broadly we define what the impact that it's having on our kids.
- Jasmeet Bains
Legislator
Thank you so much, Senator Aza, for those comments. This bill was inspired by me seeing the impact to my local district, especially in rural areas, that funding is really, really critical to keeping schools open.
- Jasmeet Bains
Legislator
This was really important and we saw, as I had stated, 22% absences specifically in my district district and this is a necessary first step and I think as we progress and we seeing more and more fear being elevated in our communities, there's going to be more that needs to be done. So I agree with you.
- Jasmeet Bains
Legislator
Thank you so much to everyone that showed up in support. Thank you so much for the support from this committee and I respectfully ask for your aye vote.
- Roger Niello
Legislator
And I'm sure at the appropriate time we'll receive a motion and vote on it when we have a quorum.
- Roger Niello
Legislator
Thank you. And I see Assemblyman Bennett is here for AB 506. You may proceed.
- Steve Bennett
Legislator
Thank you. Thank you very much and good morning, Mr. Chair and Senator. My I'm going to ask my witnesses to come up right now. And either way, because we've had a problem with pets and unscrupulous breeders, we've solved it at the physical stores in California. But we still have a problem online.
- Steve Bennett
Legislator
And rather than repeating what my great witnesses are going to say, I'm going to have my two witnesses great ahead and present their testimony. Thank you very much.
- Steve Bennett
Legislator
And my first witness is Brittany Benisi and she's with the American Society for the Prevention of Cruelty of Animals.
- Brittany Benisi
Person
Thank you Assemblymember Bennett. Thank you Vice Chair and Senator, for the time this morning. As highlighted in the LA Times investigation release this fall, misleading marketing tactics, predatory financial behaviors and gaps in regulations are allowing online pet sellers to take advantage of California consumers.
- Brittany Benisi
Person
Allowing puppy mills, a predatory industry that makes cruel breeding conditions profitable by misleading consumers with wholesome images and minimal information to continue to reach Californians at a time when California shelters are overflowing with adoptable puppies, including purebred puppies, Kittens, dogs and cats.
- Brittany Benisi
Person
AB506 is a key part of the three bill package led by Assemblymember Bennett, Chair Umberg and Assemblymember Berman. Focused on closing the final valves of the puppy mill pipeline in California. This bill seeks to address those who manipulate, obfuscate and take advantage of the emotional anticipation that comes with finding a new pet.
- Brittany Benisi
Person
Prohibiting non refundable deposits, requiring basic information be shared and offering legal recourse for those taken advantage of. Large pet broker sites currently require exorbitant non refundable deposits from consumers before they even know who the breeder is or where they come from.
- Brittany Benisi
Person
If a consumer learns the source of an animal and has concerns, their only choices are to move forward or lose their deposit. These practices not only allow puppy mills to reach California, but also encourages irresponsible breeding and online scams which according to the Better Business Bureau may account for up to 80% of pet sales currently online.
- Brittany Benisi
Person
By requiring that sellers disclose the source of an animal when known, provide available vet records and and by prohibiting non refundable deposits, we can address these predatory behaviors and ensure that consumers have legal avenues for relief. Thank you to Assemblymember Bennett and to the Committee for your Time. I respectfully ask for your aye vote.
- Jennifer Fearing
Person
Good morning Vice Chair Niello and Senator Durazo. My name is Jennifer Fearing. I'm here on behalf of San Diego Humane Society. We're a private nonprofit animal shelter serving 13 municipalities in San Diego County with animal care and control services. And we see firsthand the fallout from unethical breeding and deceptive pet sales practices.
- Jennifer Fearing
Person
We are proud to co sponsor AB506 because it brings essential transparency and accountability to the sale and transfer of dogs, cats and rabbits in California. Every day, shelters like ours encounter animals surrendered by distraught families, many of whom were misled about the health, origin or breeding conditions of a pet they purchased.
- Jennifer Fearing
Person
Often these animals arrive with severe medical issues that were hidden or undisclosed at the time of sale. Families are left heartbroken and burdened by expensive veterinary bills or forced to surrender their pet to a shelter. AB 506 empowers consumers with clear information about the animal's breeder, USDA license status and health history.
- Jennifer Fearing
Person
It also prohibits non refundable deposits on contracts, a common tool used by unethical brokers to lock buyers into risky transactions. These reforms directly support public animal shelters by reducing intake from these preventable situations and helping pets stay in homes where they are meant to be be loved.
- Jennifer Fearing
Person
The Bill holds brokers and sellers to a standard of transparency that our shelters already meet every day because we believe families deserve honesty and animals deserve better. Beginnings. We urge your aye vote on AB506. Thank you.
- Paul Yoder
Person
Good morning Senators. Paul Yoder on behalf of Cal Animals and 200 animal shelters in California in support. Thank you.
- Tim Porteus
Person
My name is Tim Porteus. I've known breeders that don't do it correctly. Please help this to work. Thank you.
- Bob Smith
Person
Hi, Bob Rolling Smith with the American Kennel Club in strong support. Thank you.
- Roger Niello
Legislator
Any others in favor? Any others in favor? For MeToo testimony. Is there opposition here? And also for the author. Are you willing to take the amendments that have been offered by the Committee? Yes, I am. Thank you. Bring it back to the Committee. Any questions or comments, you may close respectfully ask for an aye vote. Great close.
- Roger Niello
Legislator
And although based upon the number of authors that we have here, you could take longer if you'd like to. We will receive a motion, I'm sure at the appropriate time. When we have a quorum and take a vote, then we do. We are at. We are wanting for authors again.
- Roger Niello
Legislator
If there are any Assembly Members to present a bill or bills to the Judiciary Committee, this would be a great time to show up. It.
- Roger Niello
Legislator
To let assemblymember authors that are not here. You could perhaps choose to defer your bill till next week, and we might have some time slots open at about 3am to hear those.
- Tasha Boerner
Legislator
It's not even 11 and I've won the day. Good morning, afternoon, Mr. Chair and Senators. AB 823 would ban the sale of non-rinse off personal care products and cleaning products containing plastic microbeads used as an abrasive to clean, exfoliate or polish personal care products containing plastic litter beginning January 1, 2029.
- Tasha Boerner
Legislator
I introduced AB 823 because it's becoming more apparent the dangers of microplastics. And I wanted to do something to protect our environment and our public health. Plastic pollution is a major problem. Microplastics have been found all over across the earth from Mount Everest to the Mariana Trench.
- Tasha Boerner
Legislator
Emerging research is now linking plastic microbeads and microplastics to serious health risks. Microplastics have been found in the lungs, the bloodstream, placental tissue, breast milk, and even the brain, raising serious health concerns such as dementia, hormone disruption, infertility, and cancer affecting the lungs, blood, breasts, prostate, and ovaries. This is also an environmental justice issue.
- Tasha Boerner
Legislator
It disproportionately affects those in communities that don't have access to advanced water treatment. Our I respectfully asked for aye vote. And I have here with me Nick Lapis with Californians Against Waste and Allison - oh my gosh. Waliszewski? No, that's like not right - with 5 Gyres Institue. two of the sponsors of the bills.
- Roger Niello
Legislator
We only give prizes for arriving to present your bill. We do not give prizes for correctly pronouncing.
- Tasha Boerner
Legislator
Well, thank God, because my last name is difficult for people to pronounce.
- Alison Waliszewski
Person
Thank you so much, Chair Umberg and members. My name is Alison Waliszewski, Director of Policy at the Five Gyrus Institute and proud co-sponsor of AB 823. Over a decade ago, California led with AB 888, banning plastic microbeads in rinse off products like toothpaste and facial scrubs. But that law left a major gap.
- Alison Waliszewski
Person
AB 823 closes the loophole by expanding the ban to include leave on personal care products with intentions added microplastics, cleaning products with plastic abrasives and cosmetics with plastic glitter. If we banned microbeads in rinse off products a decade ago, why are we still allowing them to leach from products that stay on our skin and absorb into our bodies?
- Alison Waliszewski
Person
In 2019, San Francisco Bay - our researchers, partnered with SFEI to do a study and found that in San Francisco Bay, there are between 14,000 and 2 million plastic particles per square kilometer, and that includes microbeads. These microplastics are found in our drinking water and in our bodies where they release toxic chemicals like PFAS, heavy metals and carcinogens.
- Alison Waliszewski
Person
There are already safer and widely available alternatives on the market and this bill has broad support and no registered opposition. AB 823 builds on California's leadership on aligns with the state's microplastics strategy and the Safe Drinking Water Act and protects public health and the environment from an entirely preventable, preventable source of pollution.
- Alison Waliszewski
Person
We can't afford to let microplastics accumulate in our ecosystems or our bodies. We kindly ask for your support in an aye vote. Thank you.
- Nika Lapis
Person
Good afternoon, Chair and members. Nick Lapis of California Against Waste. We are also proud co-sponsor of this bill. As Alison said, AB 823 expands the scope of an existing ban on plastic microbeads that the legislature passed in 2015, and Congress subsequently enacted that same year.
- Nika Lapis
Person
At the time, the world was just beginning to learn the scale of the microplastics problem, and the legislature tackled the lowest hanging fruit by focusing on rinse off products, things like toothpaste and body wash where you could see the beads and see them go down the drain.
- Nika Lapis
Person
We've learned a lot since then and the bill expands AB 888 to cover other products that have readily available non plastic alternatives. This committee's jurisdiction is specific to enforcement, so I will very briefly speak on that.
- Nika Lapis
Person
The bill before us today uses the same civil penalty enforcement mechanism from the 2015 law, which is administered by the Attorney General, city attorneys, and county councils. That model worked. It led to near universal compliance, resulted in a shift to safer alternatives and did not burden regulators or courts with endless disputes.
- Nika Lapis
Person
In fact, I'm not aware of any actual penalties or enforcement actions from the 2015 law. This is an easy to enforce low-cost solution to stop an unnecessary source of plastic pollution. Thank you.
- Thomas Umberg
Legislator
Thank you. Others in support, please approach the microphone. Give us your name, your affiliation, your position.
- Jennifer Fearing
Person
Thank you. Good morning, Mr. Chair and Members. Jennifer Fearing on behalf of Ocean Conservancy and the Monterey Bay Aquarium, please to support AB 823. Thank you.
- Noah Melroy
Person
Good morning, Chair and members. Noah Melroy on behalf of proud co-sponsor Breast Cancer Prevention Partners; I've also been authorized to express support for Rethink Waste, Salinas Valley Recycles, Story of Stuff Project, The Last Plastic Straw, Plastic Pollution Coalition, Skin Owl, and Friends Committee on Legislation of California. Thank you.
- Krystal Mae B. Raynes
Person
Kris Raynes for Californians Against Waste as a co-sponsor. Also authorized to give our co-sponsor support on behalf of Clean Water Action and also metoo's for National Stewardship Action Council, Breast Cancer Over Time, FACTS: Families Advocating for Chemical and Toxic Safety, Green Science Policy Institute, California Nurses for Environmental Health and Justice, Black Women for Wellness Action Project. Thank you.
- Jennifer Williams
Person
Jennifer Williams with the East Bay Municipal Utility District. Apologies for not getting our letter to the committee in time, but we are in support.
- Paul Leota
Person
Mr. Chair, Senator Durazo; Paul Leota on behalf of the California Product Stewardship Council and also Stop Waste, in support.
- Andy Mason
Person
Andy Mason from Clean Earth for Kids in support. Also in support, North County Equity and Justice, Eco Sustainability Peeps, California Nurses for Environmental Health Justice also mentioned a moment ago, Interfaith Coalition for Earth Justice and Activist San Diego.
- Keely Morris
Person
Hello. Keely Morris on behalf of Los Angeles County Sanitation Districts, in support.
- Michaela Spencer
Person
Michaela Spencer, on behalf of the American College of OB/GYNS and the Environmental Working Group in support.
- Thomas Umberg
Legislator
Thank you. All right, anyone else in support of AB 823? Please approach a microphone. Seeing no one approaching, let's turn to the opposition. If you're opposed to AB 823, please queue up. 1,2,3. Seeing no one approaching the microphone, let's bring it back to committee. Questions by committee members? Seeing none, would you at the appropriate time?
- Thomas Umberg
Legislator
It sounds like Senator also wishes to move the bill, so would you like to close?
- Tasha Boerner
Legislator
At the appropriate time, I respectfully ask for your aye vote.
- Tasha Boerner
Legislator
At the appropriate time, that'll happen. Thank you. All right.
- Thomas Umberg
Legislator
Thank you. All right. And I see Assemblymember Connolly is here. Yes. So unfortunately, yes. Assemblymember Connolly; gosh, it's been a while. So, Assemblymember Connolly, file item number eight, then file number nine. And then if no one else appears, then Assemblymember Gonzalez. So, all right. Assemblymember Connolly; file item number eight, AB 419.
- Damon Connolly
Legislator
Good morning, Mr. Chair and members. Pleasure to be here. Pleased to present AB 419 today. This will help our immigrant student community by requiring schools to post the immigration enforcement actions at California school's guidelines for students and families, otherwise known as Know Your Educational Rights.
- Damon Connolly
Legislator
This guide, developed by the California Attorney General, advises immigrant students and their families of their educational rights and protections under law. The guide outlines what information is required for school enrollment, tools for family safety plans, steps to protect student information and resources to prepare for situations where parents or guardians are detained or deported.
- Damon Connolly
Legislator
From 2011 until 2025, ICE operated under a policy prohibiting immigration enforcement in sensitive locations, including schools. However, the Trump Administration issued a directive in January rescinding these protections on sensitive locations. Our California students, regardless of their immigration status have the right to a free public education and the confidentiality of their personal information.
- Damon Connolly
Legislator
Undocumented students and students in mixed status families often already face disadvantages related to language and income, and these struggles are worsened when students are removed from school due to fear of immigration enforcement.
- Damon Connolly
Legislator
AB 419 will ensure that immigrants, students, and families know what their rights are, what information is required for school enrollment, and what steps they can take to protect their information. Again, every child in California deserves to pursue a public education without fear.
- Damon Connolly
Legislator
With me to testify and support is Elle Grant, Policy Advocate from the California Alliance for Child and Family Services and Tiffany Mok, Legislative Representative for CFT.
- Elle Grant
Person
Good morning, Chair and committee members. I'm Elle Grant, here on behalf of the California alliance of Child and Family services. We represent 165 nationally accredited community-based organizations focused on child welfare, juvenile justice, special education and behavioral health.
- Elle Grant
Person
Our members span all 58 counties and serve over 1 million youth and families each year, engaging closely with local schools.
- Elle Grant
Person
Our member organizations serve and support immigrant communities and have shared with us the significant disruption that immigration enforcement has caused not only to student attendance and performance, but to children and family's sense of safety and trust. Community spaces that are typically buzzing and full of activity are eerily quiet.
- Elle Grant
Person
Some families are choosing to live out of their cars over accessing benefits for fear of deportation. Staff have tearfully described the impact they see on their students, families, and colleagues saying when attendance drops in schools, it's more than just empty seats.
- Elle Grant
Person
It's children not getting meals, not attending counseling appointments, and losing access to safe spaces that buffer them from trauma. These declines will have lasting academic and behavioral health consequences, and we must act urgently to equip students and families with one of our most precious assets information.
- Elle Grant
Person
Broad access to the Know Your Educational Rights Guide can provide a sense of security for families in otherwise uncertain times, empowering them with knowledge and knowledge of their rights and emergency resources.
- Elle Grant
Person
The right to a free public education is critical to the success of our communities and AB 419 will help safeguard schools as spaces for children to learn, grow, and just be kids. We urge your aye vote. Thank you.
- Tiffany Mok
Person
Hi. Tiffany Mok on behalf of CFT, a union of educators and classified professionals, we just wanted to echo the second sentiment of the first witness and also note that CFT is committed to promoting high quality education, securing the conditions necessary to learn, and when students have fear, they don't learn well.
- Tiffany Mok
Person
And so, this is one simple step we can take to help ensure that students have the best conditions for their learning environment. Thank you so much.
- Paul Yoder
Person
Senators, for this bill in support, Paul Yoder on behalf of the County of Marin and also the California Academy of Child and Adolescent Psychiatry.
- Adam Keigwin
Person
Mr. Chair and senators, Adam Keigwin on behalf of California LULAC, in support.
- Roger Johnson
Person
Mr. Chair, Roger Johnson, Chairman of the Sacramento Area Coalition of Mobile Homeowner Associations, in strong support. Thank you.
- Valerie Johnson
Person
Good morning. Valerie Johnson with the California Undocumented Higher Education Coalition, in support.
- Yvonne Fernandez
Person
Mr. Chair and members, Yvonne Fernandez, California Labor Federation, in support.
- Jeannette Zanipatin
Person
Good morning. Jeannette Zanipatin on behalf of the Coalition for Humane Immigrant Rights, as well as Chinese for Affirmative Action, in support.
- Orchidia De Reyes
Person
Good morning. Orchidia De Reyes with the Mesa Verde Group on behalf of the Central American Resource Center, CARC, and Hispanos Organized for Political Equality, in support.
- Pamela Gibbs
Person
Good morning, Mr. Chair. Pamela Gibbs representing the Los Angeles County Office of Education and we're pleased to support the bill.
- Tim Porteous
Person
Tim Porteous. I'm Youngstown Mobile Home Park in Petaluma. Also representing GSMOL, CARA, and SCOMOLA in support. Please.
- Thomas Umberg
Legislator
Thank you. Others in support of AB 419. Seeing no one else approaching the microphone, let's turn to the opposition. If you're opposed to A B419, please approach the microphone saying. Seeing no one approaching. Let's bring it back. committee questions by committee members. Senator Durazo, at the appropriate time, we'll move the bill. Senator Niello has a question.
- Roger Niello
Legislator
Quick question. I'm always wary of mandates on having served on a board of supervisors on local governments, and the notice is already required to be sent to the homes. So, I'm wondering why this would be a better notification than actually sending the notice to the homes of students?
- Damon Connolly
Legislator
I think it's both. So, we certainly want it to be sent home. But the purpose of this bill would also be to ensure that it's on the school site and also on the website of the school locations and the district.
- Roger Niello
Legislator
That's better notification than actually sending it to the home?
- Damon Connolly
Legislator
But it also would be sent to the home. So, I don't know. I guess I'm not following the better. It's both.
- Roger Niello
Legislator
Well, the issue is mandating practices on local governments. That can be a bit burdensome. And having to do it three different ways just seems like it's a bit of overkill. And again, the issue isn't the notice itself. The issue is mandating practices on local governments. That always concerns me.
- Damon Connolly
Legislator
It's noteworthy to me. There's no opposition flagging that issue. In this case, I think given the importance of getting this notification out to folks in a variety of effective ways.
- Thomas Umberg
Legislator
Other questions in address? So, at the appropriate time, I believe we'll move the bill. Would you like to close?
- Thomas Umberg
Legislator
All right, thank you very much. Next file item number nine, AB 806.
- Damon Connolly
Legislator
Thank you. Chair and members. Proud to present AB 806, which will provide mobile home park residents the right to install cooling systems within their homes and require park owners to maintain reasonable temperature conditions in an indoor common area. California is no stranger to climate change and extreme heat events are on the rise.
- Damon Connolly
Legislator
As we all know, in 2023, North America experienced the hottest year on record, and a majority of counties within California face consistent temperatures over 100 degrees. Extreme heat results in more deaths in the United States and than all other disasters combined.
- Damon Connolly
Legislator
Mobile homes are particularly vulnerable to extreme heat due in large part to the fact that many park leases contain limitations on installing cooling systems. While existing law requires that mobile home park residents have access to heating systems, the same is not currently true for cooling systems. AB 806 aims to change that.
- Damon Connolly
Legislator
The bill will protect residents by providing them the right to install cooling systems within their homes without facing the threat of eviction and provide a temperate common area within the park when feasible during extreme heat events.
- Damon Connolly
Legislator
Our mobile home park residents deserve to have access to cooling in their homes and parks without facing the threat of eviction. I will now pass it off to my witnesses, Caitlin Vibey, representing Legal Aid of Sonoma County, and Fred Olabak, a mobile home park resident from Santa Rosa.
- Caitlin Vibey
Person
Chair and Committee Members appreciate the opportunity to speak today in support of AB806. I'm Caitlin Vibey. I'm a Policy Analyst at Legal Aid of Sonoma County. Our organization provides free legal services to low income and vulnerable residents in our county.
- Caitlin Vibey
Person
AB 806 responds to the urgent and growing need to protect the 1.6 million Californians living in mobile home parks throughout the state from the threat of extreme heat, which we know is becoming more frequent, more severe and more dangerous.
- Caitlin Vibey
Person
Extreme heat disproportionately impacts low-income individuals, seniors, people with disabilities, and those with health or mobility challenges, many of whom live in mobile home parks. In fact, three quarters of all mobile homes are located in inland areas in the state that experience the highest temperatures.
- Caitlin Vibey
Person
And research shows that mobile home residents are up to eight times more likely to die from exposure of indoor heat than residents who live in any other type of housing. But despite this, we continue to see some park owners block residents from installing even the most basic cooling.
- Caitlin Vibey
Person
Usually this is done through lease or park rules that ban external modifications of homes, effectively prohibiting the most energy efficient and most affordable forms of cooling like window A/Cs or swamp coolers. Even though these units use less power than a space heater or even a hair dryer.
- Caitlin Vibey
Person
AB 806 ensures that residents have the right to install cooling systems in their homes. And it requires residents are able to access a cooled common space that exists within their park during extreme heat events. These are simple but lifesaving protections for residents in mobile home parks who are our state's most at risk residents.
- Caitlin Vibey
Person
For these reasons, we respectfully urge an aye vote on AB 806. Thank you.
- Fred Olabak
Person
Good morning, Chair Umberg and Committee Members. My name is Fred Olabak and I'm one of 1.6 million Californians living in mobile home parks. Many of us are seniors, veterans, immigrants, and folks with disabilities. I strongly support AB 806. Mobile home residents should not be left in harm's way during dangerous heat waves. But that's exactly what's happening.
- Fred Olabak
Person
Many of us have no access to basic cooling. I live in a park that prohibits window ac units or any cooling system that requires exterior modifications to the mobile home simply because management thinks they are unattractive.
- Fred Olabak
Person
I could buy a window unit for $300-400, but under current park rules, I would be forced to buy another system that's much more expensive: $15,000-20,000. That's no lie; the difference between $400 to $15,000-20,000. That's money I and many of my neighbors simply don't have. I'm just trying to make my savings last.
- Fred Olabak
Person
Without this bill, thousands of us will face another summer without any cooling. AB 806 will allow me to address my own cooling needs for a reasonable price. The temperature inside my home has reached as high as 85 degrees with 80% humidity. Very uncomfortable. I've spoken to others whose homes have hit temperatures of over 100 degrees.
- Fred Olabak
Person
When this happens, we need access to safe air-conditioned common areas for relief during the hottest parts of the day. I strongly support AB 806 and respectfully ask for your aye vote to protect the health and safety of mobile home residents like me and my neighbors.
- Thomas Umberg
Legislator
Thank you. Thank you, sir. Next witness please. Well, metoo's. Those who are in support, your name, your affiliation, your position.
- Janis Barker
Person
Good morning. I'm Janice Barker. I am from Youngstown Mobile Home Park in Petaluma. I am also here on behalf of GSMOL and the California Association of Retired Americans. We support this bill.
- Rhonda Hobbs
Person
Good morning. My Name is Rhonda Hobbs. I live in Petaluma State's Mobile Home Park in Petaluma, and I strongly support AB806.
- Roger Johnson
Person
Morning. Chairmembers. Roger Johnson, Chairman of the Sacramento Area. Coalition of Mobile Homeowner Associations, in strong support.
- Marie Kunio
Person
Good morning. I am Marie Kunio, a resident of the Youngstown Mobile Home Park, and I'm strongly in support of 806.
- Kai Clausen
Person
Good morning, Chair, committee members. Thank you author for bringing forward this bill; Kai Clausen, on behalf of the Building Decarbonization Coalition, in strong support. Thank you.
- Andy Mason
Person
Andy Mason, representing Clean Earth for Kids, strongly in support. Also in support, North County Equity and Justice, Eco Sustainability Peeps, Interfaith Coalition for Earth Justice and Activist San Diego. Thank you.
- Jaime Minor
Person
Jaime Minor representing MCE. We serve energy customers in Solano, Napa, Contra Costa and Marin counties, in support. Thank you.
- Fred Olabak
Person
Thank you. Malcolm Sibley, mobile home resident in Petaluma, California at Royal Oaks Park. GSMOL member and strong support. Thank you.
- Thomas Umberg
Legislator
Thank you. Others in support, please approach microphone; AB 806.
- Tim Porteus
Person
Tim Porteous from Youngstown in Petaluma and with GSMOL, SCOMA and also CARA, please support this bill.
- Thomas Umberg
Legislator
Thank you. Anyone else in support of AB 806, please approach the microphone if you're in support. If you're opposed, now's the time to approach the microphone. If you're opposed to AB 806, please come forward.
- Chris Wysocki
Person
Thank you, Mr. Chair and members. Chris Wysocki with WMA and, Assemblyman Connolly, I had a long speech, but, and you have our letter, but I want to just cut to the chase. WMA would remove its opposition from this bill if a couple of things should happen. The first is remove the cooling center provision of the bill.
- Chris Wysocki
Person
This is very problematic for us as an industry. It would often cost tens of thousands of dollars for these for these areas, and they wouldn't be used all that often. A lot of other reasons listed in our letter. The second deals with the individual homeowner air conditioning units.
- Chris Wysocki
Person
And what we'd like to suggest, or maybe have this committee consider, is take the first amendment and then we can continue working on the second amendment, which I believe would solve much of the problem. We model this bill after SB 1190 that was passed by this committee to exempt master meter parks from implementation of AB 806.
- Chris Wysocki
Person
The fact is, we have a lot of parks around the state with a statewide goal of transitioning ownership and operation of the electric systems from the existing mobile home parks over to the serving utility. This would solve the amperage problem.
- Chris Wysocki
Person
We've got a lot of parks in the state that are 20 or 50 amps, and if everybody decides that they want to turn on their air conditioning at the same time, the system's going to fry, and that's a danger to health and safety.
- Chris Wysocki
Person
So, in transitioned parks, we would be very comfortable removing our opposition to this bill and make sure that residents and homeowners have access to air conditioning units in their homes. But what we can't afford is for those homes to jeopardize the health and safety of the other park residents by tripping a switch.
- Chris Wysocki
Person
And that would be very problematic. So, with those two amendments, we could get to a neutral position.
- Trent Smith
Person
Good morning. Trent Smith, on behalf of the California Mobile Home Park Owners Alliance; line our comments with Mr. Wysocki.
- Thomas Umberg
Legislator
Alrighty. Thank you. Others in opposition, please approach. Seeing no one else approach the microphone. Let's bring it back to committee. Questions by committee members. Yes. Senator Niello.
- Damon Connolly
Legislator
Thank you for asking. Yeah. So, let's kind of take it in order. So, the bill, as currently written, would provide, to the extent there is an issue with amperage in the community that would be excluded already. We do not want to have a situation where systems are blowing out electricity for everyone in the park.
- Damon Connolly
Legislator
So that's already dealt with. The second point, though, more broadly, is whether we should just exclude master metering. We would argue that that is too broad of an exclusion. And the analogy used was solar, which we would submit is fundamentally different here.
- Damon Connolly
Legislator
What we're talking about is in terms of these individual cooling units for a resident is about the same amount of electricity as you would use to run a hair dryer.
- Damon Connolly
Legislator
Compare that with a solar system, which on an individual unit requires a lot of different equipment installation and actually is run a lot differently than what we're talking about here. So, we certainly are always open to discussing issues more.
- Damon Connolly
Legislator
But as we sit here today, we certainly believe it would be inappropriate and counterproductive to exclude all master meter systems in parks from the requirements of this bill. The second point is on the common areas. Look, we disagree. We think that's an important part of the bill.
- Damon Connolly
Legislator
I would question the cost estimate provided. These are situations where there is an existing common space that would just be upgraded for the park. But again, that's something that we're willing to continue to talk about. But if I'm understanding opposition correctly, they are now requiring both changes to eliminate opposition. We're not there.
- Roger Niello
Legislator
Taking the second point first, it would seem to me that if there was an allowance, a suitable allowance for individual homes to be air conditioned, that the common space would seem to be not as needed.
- Roger Niello
Legislator
But with regard to your first point, you've indicated that your bill, as written, takes into account the concerns they have with regard to the master system, if you will. That is not reflected in any of the analyses that I've read.
- Roger Niello
Legislator
So, I will take that comment meaning if your bill, if the language of the bill is unclear, that you're willing to clarify that point as the bill moves forward.
- Damon Connolly
Legislator
The bill, literally as written, says if it creates an issue with amperage, that the bill does not apply in that case.
- Damon Connolly
Legislator
I think they're going well beyond that. They're saying as a matter of course, if there's a master meter system it is excluded; that's way different.
- Damon Connolly
Legislator
It certainly includes master metered systems, but there's a feasibility provision that says if there is a problem created in amperage or the system, then it's excluded from.
- Damon Connolly
Legislator
You can't make it. Sorry to interrupt. But you can't make that blanket suggestion right out of the box that just because it's master metered. Again, we're talking about running a hairdryer.
- Roger Niello
Legislator
Yeah. My understanding is that their issue is if there's a master system that can't handle the load.
- Thomas Umberg
Legislator
Let me, let me just, if you don't mind, Assemblymember Connolly, and you send Assemblymember Niello. Let me just read the language in the bill that may resolve some of this. Here's what I understand language being it says this is with respect to cooling systems.
- Thomas Umberg
Legislator
It says paragraph one, "...shall not apply if management establishes either of the following: A: installation, upgrade, replacement or use of the cooling system would violate federal, state or local law.
- Thomas Umberg
Legislator
B: the amperage required to power any individual cooling system, including the common area cooling system, as described in subdivision D, cannot be accommodated by the power service to the park as demonstrated in writing by a federal, state or local governmental enforcement authority." Is that the language that you referring to? All right.
- Thomas Umberg
Legislator
Yeah. And thank you for the question. And you know, with all due respect, I think we just have a fundamental disagreement that that's clear language.
- Thomas Umberg
Legislator
Because what that provision of the bill actually, in our view, presents is that every time an individual homeowner wants to put an air conditioning unit, they've got to have HCD, or a local enforcement agency come out and determine will that one individual unit jeopardize the integrity of the electrical system of the park.
- Thomas Umberg
Legislator
If you've got 200 spaces in a park, are you going to have HCD come out to every single one? And what if the load can only handle 50 spaces? Is it the 51st person that you tell? No. I mean, it's problematic.
- Thomas Umberg
Legislator
It's certainly an issue we are willing to work on, and I think that we can get there. It's just the language right now, we're not there yet.
- Thomas Umberg
Legislator
So just also to shortcut some of this, and I appreciate your suggestion that we actually amend the bill here in committee. I learned that lesson a long time ago and so we're not going to do that today. We are going to have a continuing conversation, though. Wonderful. All right.
- Damon Connolly
Legislator
And just on the last point, I would respectfully submit that kind of backwards. You evaluate the system and then enable individuals to go forward. You don't evaluate each mobile home park. There's clearly an ability to evaluate an electrical system and its capacity.
- Roger Niello
Legislator
Alrighty. I would agree with the Chair. We're not going to amend it here. But it sounds to me like the two of you are probably not that far apart. So, I would encourage you to continue talking about it.
- Thomas Umberg
Legislator
All right. Other questions by committee members. So let me just make a few comments. First, there are three issues I see here. One is the cooling issue for individual units. And I strongly agree that an individual, in order to provide for their own health, welfare and well-being, should be entitled to install some sort of cooling unit.
- Thomas Umberg
Legislator
There's some time place and manner restrictions that I think would be appropriate. Number two, in terms of the power, I don't know whether or not this provision actually responds to the concerns about overload and danger in health.
- Thomas Umberg
Legislator
And I know you share the same concern that we all have is that we don't want to endanger any development because of an electric overload.
- Thomas Umberg
Legislator
But I would encourage you to work on that language so that it doesn't require an entire revamping of the electrical system but does provide for individuals to be able to install their own cooling unit.
- Thomas Umberg
Legislator
Thirdly, as to the common area, which I do think is distinct from your own unit, I think the common area, when you move to a park and you see that there's a facility, a clubhouse, if you will, and that clubhouse does not have a cooling system.
- Thomas Umberg
Legislator
When you actually sign the lease, and you're aware of that, that's a different circumstance than your own unit, what you want to do with your own unit. So, as I said, we're not going to amend the bill, but I'm going to encourage you, Assemblymember Connolly, to continue to work on this.
- Thomas Umberg
Legislator
I take this on as some of my responsibility not to get some of this stuff worked out prior to today. Not on you. It's on me. And so, we will continue to monitor the situation.
- Damon Connolly
Legislator
I appreciate that. We would welcome your continued involvement. We're happy to have the ongoing discussions.
- Damon Connolly
Legislator
Really what we're trying to prevent as well is the status quo, and you heard it from the residents, is folks are actually getting evicted right now over proposing that they be allowed to have a cooling unit in their own home. We think that's wrong. And that's the spirit of the bill. We'll continue to work on it.
- Thomas Umberg
Legislator
Thank you. All right. At the appropriate time, I expect there'll be a motion. I'll recommend an aye vote. All right.
- Thomas Umberg
Legislator
Thank you. Okay. Yes, I see Assemblymember Berman is here. Assemblymember Gonzalez, you've been very patient. Assemblymember Berman's here and Assemblymember Dixon is also here.
- Thomas Umberg
Legislator
And so, if we go in the requisite order, it will would be Assemblymember Berman, then Assemblymember Dixon, and then Assemblymember Gonzalez. Assemblymember Berman, floor is yours.
- Marc Berman
Legislator
Thank you. Chair Umberg. Good morning, senators. Today I'm presenting AB 559, which will extend critically important consumer protections to the construction of accessory dwelling units, otherwise known as ADUs. In the last 18 months, the Contractor State License Board has received more than 20 complaints, each about four separate ADU contractors with consumer harm exceeding several $1.0 million.
- Marc Berman
Legislator
This bill would expressly state that ADUs are home improvement projects, thereby triggering numerous contract and payment rules. Additionally, this bill would enhance penalties for down payment and progress payment violations to deter crooked contractors from preying on consumers.
- Marc Berman
Legislator
AB 559 is sponsored by the Contractors State License Board and supported by the Associated General Contractors of California and the California Low Income Consumer Coalition. I respectfully ask for your aye vote. And with me today is Rebecca May, Legislative Chief at the Contractors State License Board.
- Rebecca May
Person
Good morning, Chair Umberg and senators. Rebecca May, on behalf of the Contractor State License Board Sponsor of AB 559. I want to thank Assemblyman Berman for authoring this page bill. AB 559 is in response to significant consumer harm that has occurred resulting from the increased popularity of ADUs.
- Rebecca May
Person
CSLB has received a considerable increase in complaints alleging contractors have abandoned their ADU projects despite requesting and accepting substantial amounts of money yet failing to do the work that they agreed to do. This bill would eliminate any question as to whether an ADU is in home improvement by adding ADUs to the home improvement definition in contractors' law. It ensures consumers contracting to build an ADU at their home are afforded the same home improvement contract protection, such as down payment and progress payment restrictions.
- Rebecca May
Person
This includes restricting contractors from requesting or accepting down payments greater than $1,000 or subsequent progress payments that exceed the value of the work performed or the materials delivered. This bill also enhances penalties for individuals who violate progress payment rules causing financial harm to their customers.
- Rebecca May
Person
CSLB believes AB 559 will afford consumers additional protection by clearly requiring contractors to adhere to the same progress payment rules they are subject to for other home improvement projects like garages, basements, and other projects defined as home improvement in existing law. I'm appreciative of your consideration today and I respectfully ask for an aye vote. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Others in support of AB 559, please approach. Seeing no one else approaching, let's turn to the opposition. If you're opposed to AB 559, please approach the microphone. Seeing no one. One person approaching. Yes. Thank you.
- Danielle Kando-Kaiser
Person
Made it just in time. Good afternoon, Dani Kando-Kaiser, on behalf of the California Low Income Consumer Coalition, in support. Thank you.
- Thomas Umberg
Legislator
Thank you. All right, now turning to opposition. Anyone else? Anyone opposed? No one's opposed. All right, let's bring it back to committee. Senator Durazo. Questions?
- María Elena Durazo
Legislator
Just a comment; want to thank the author. I have a different but similar bill with regards to consumers and home improvement loans. So, I appreciate the addition of this issue.
- Marc Berman
Legislator
Respectfully ask for your aye vote. And I do want to publicly say there are some folks that have concerns. We are going to continue working on them. We have a shared goal and vision of what we want to get accomplished. Just working through some of the details.
- Thomas Umberg
Legislator
So, next we have Assemblymember Dixon; two bills: file number 10 and file number 11. First file number 10, AB 392.
- Diane Dixon
Legislator
Good morning, Chair and senators. 392; let me get to that one. I'm pleased to present AB 392. First, I'd like to thank the Chair and the committee staff for working with my team and me so diligently on this bill. I will be accepting the committee amendments.
- Diane Dixon
Legislator
I believe the collaboration between our offices, the bipartisan support of this bill has received throughout the legislative process shows that this is a bipartisan issue and importantly, a bipartisan solution. AB 392 tackles the nonconsensual sharing of sexually explicit media and sexually explicit content of minors to a pornographic site.
- Diane Dixon
Legislator
Fundamentally, this bill is about protecting minors and ensuring consent. In our hyper technological age, it is extremely easy for individuals to upload nonconsensual sexually explicit materials online. Every single person here has a smartphone, I am sure capable of uploading, sharing and saving any content. But this content is the subject of this bill.
- Diane Dixon
Legislator
1 in 12 people is a victim of image based sexual abuse, and anyone can become the next victim. Once sexually explicit media is uploaded online, it is almost impossible to remove it.
- Diane Dixon
Legislator
The legislature has passed a number of worthwhile measures to provide protections for minors and victims who have had their sexually explicit content either recorded or shared online without their consent. However, a core issue which has never been addressed is number one, the identification of the uploader and number two, holding the websites which host such media accountable.
- Diane Dixon
Legislator
So specifically, this bill has three components. First, this bill would require that before adult content or media is uploaded, the uploader must sign a statement certifying that an individual consented to being recorded, that an individual consented to the sexually explicit material being uploaded online, and that the individual was not a minor, as minors cannot consent.
- Diane Dixon
Legislator
Second, AB 392 requires that prior to uploading content, the uploader must provide information sufficient to enable the operator to contact the user. This provision is paramount in tackling the core of this issue. Users who upload nonconsensual sexually explicit media or media involving minors commonly do so anonymously and so face no recourse for their actions.
- Diane Dixon
Legislator
This bill would hold them accountable. Third, this bill also holds pornographic adult websites accountable and allows an injured party to file a civil suit against the operator. We need to hold these platforms and these uploaders accountable.
- Diane Dixon
Legislator
As I mentioned in my introduction, AB 392 is about consent, protecting minors, and holding both the users and websites liable and answerable. I have with me today, Uldouz Wallace, who will be speaking in support of AB 392, and I respectfully urge an aye vote.
- Uldouz Wallace
Person
Hi, my name is Uldouz Wallace, and I was a victim of the iCloud hack leak in 2014. My most private moments were stolen and shared without my consent. And it destroyed my life. I was gang stalked, harassed, and bullied. I lost work, money, relationships, and everything that you could ever imagine.
- Uldouz Wallace
Person
I was shamed and isolated and the goal was clear. It was to get me to end my life. But this isn't about me. This happens every day to children, women and men from all walks of life. Imagine this happening to someone that you love. Imagine them being violated and humiliated, and there's nothing in place to stop it.
- Uldouz Wallace
Person
That's why I created the Protect Act and Foundation Ra. Current laws are reactive. They allow the abuse to happen. And after the damage is done, survivors are left with a mess that can't truly be undone. And what kind of laws allows this kind of abuse to be uploaded in the first place?
- Uldouz Wallace
Person
And now with AI advancing rapidly, so is its abuse. Deepfakes, face swaps, and synthetic content are being created faster than laws can keep up. The AI moratorium was removed, leaving no federal protection. Now more than ever, states need to step up. We need the Protect Act urgently, and if we don't act fast, we're all at risk.
- Uldouz Wallace
Person
And here's the truth. You could be the next victim. All it takes is a photo, whether from social media or taken without your knowledge, and AI can turn you into something that you never consented to. No one is safe. As a survivor, I know how badly this is needed.
- Uldouz Wallace
Person
People reach out to me in foundation raw every day: devastated, disappointed, and failed by assistance them built on placeholder bills. They thought there were real protections in place, only to find out that there is no laws to actually protect them.
- Uldouz Wallace
Person
And once the damage is done, they're left to chase takedowns, relive trauma, and clean up a mess that should have never happened. Most nonprofits that claim to help.
- Thomas Umberg
Legislator
Oh okay. Thank you so thank you for sharing your story. I'm sorry that you've had that lived experience but appreciate you turning that pain into something positive.
- Thomas Umberg
Legislator
All right, next witness, please. AB 392; if you're in support of AB 392, please approach the microphone. Seeing one more person approaching. Okay, sure. Come on forward. For those of you who support in me-too testimony, now is the appropriate time to provide us your name, your affiliation and your position.
- Ellie Sutliff
Person
Ellie Fenton Sutliff on behalf of the Children's Advocacy Institute at the law school at the University of San Diego. We thank the office for her bill. And urge an aye vote.
- Emily Campbell
Person
Emily Campbell with the Capitol Baptist Capital Ministry and in support with Lighthouse Baptist Church.
- Rock Campbell
Person
Rock Campbell from the California Baptist Capital Ministry, on behalf of Faith Baptist Church in Wheatland and Freedoms Way Baptist Church in Castaic, we support.
- Thomas Umberg
Legislator
Thank you. All right, anyone else in support of AB 392? Seeing no one else approaching, let's take turn to the opposition. If you're opposed to AB 392, please come forward. Seeing no one coming forward, bring it back to committee. Questions by committee members. No questions. All right, Assemblymember Dixon, would you like to close?
- Diane Dixon
Legislator
Thank you very much. I would appreciate and respectfully request your aye vote. And let's just clean up this law so we don't have victims going on for years and years trying to deal with uploaded material that was never consented. So, thank you so much.
- Thomas Umberg
Legislator
All right, thank you. I expect there'll be a motion at the appropriate time. Turning now to your second bill, file item number 11, AB 426.
- Diane Dixon
Legislator
Thank you, Chair and good afternoon, senators. Once again, it is my pleasure to present AB 426 today. AB 426 would prohibit the use of an unmanned aerial vehicle, also known as a UAV, remotely piloted aircraft or drone at the scene of an emergency that impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in an emergency response in their emergency response duties. AB 426 would also authorize the Attorney General, county council or city attorney to bring civil action against an individual who violates emergency response airspace with a specific drone or unmanned aerial vehicle.
- Diane Dixon
Legislator
Violators can face a civil penalty up to $75,000 for each individual violation. During the recent devastating wildfires in Pacific Palisades, we saw the risk that drones can pose to our first responders at the scene of a major emergency response.
- Diane Dixon
Legislator
A civilian operated drone punched a hole in the wing of a Super Scooper from the government of Quebec and grounded the aircraft for several days until it was repaired. In total, the drone caused just over $65,000 of damage to the Super Scooper and put two crew members lives at risk.
- Diane Dixon
Legislator
AB 426 is an important step to strengthen our deterrence against the unlawful operation of drones at the scene of emergency responses. In times of emergency, whether it be a wildfire or a flood, every second counts.
- Diane Dixon
Legislator
And we must ensure that our brave first responders who are already risking their lives in life threatening situations, are not put in further jeopardy while performing their duties. AB 426 has received no "no" votes in committee and has broad support from firefighter organizations and law enforcement associations in LA and Orange County.
- Diane Dixon
Legislator
I have with me today Division Chief Kevin Fetterman from Orange County Fire Authority and Marcus Detwiler from the California Special Districts Association to discuss the importance of this measure.
- Kevin Fetterman
Person
Today I'm here on behalf of California Fire Chiefs Association and the Fire Districts Association of California. Cal Chiefs has been around since 1897 and covers nearly every fire agency in California. Cal Chiefs and FDAC would like to express strong support for Assembly Bill 426. The fire service deploys drones on large scale and highly complex fires routinely.
- Kevin Fetterman
Person
However, today I'm here to talk about the emerging and important threat that's growing and very dangerous. The use of non-coordinated and nonpublic safety drones in active fire areas. In California, we established what's known as fire traffic areas or FTAs around wildfires.
- Kevin Fetterman
Person
These are consistent with FAA TFRS and are critical in allowing local, state and federal fire agencies to safely operate aerial firefighting resources and contain fires quickly for the protection of lives and property. But when unauthorized drones enter these FTAs, they put our entire aerial operations and your firefighters at risk.
- Kevin Fetterman
Person
These intrusions create the potential for midair collisions forcing us to ground aircraft and halt suppression efforts. A stark example of this occurred during the Palisades fire when the non-coordinated, nonpublic safety drone struck that contract super scooper punching a hole about this big in the wing.
- Kevin Fetterman
Person
What many don't know is that over the course of that incident, there were more than 700 drone incursions into that fire traffic area in LA. This resulted in the ceasing of air operations on numerous occasions. We have a saying in California, if you fly we cannot. These drone incursions compromise our ability to protect your communities.
- Kevin Fetterman
Person
They put lives at risk. On behalf of Cal Chiefs and FDAC, I urge you to support AB 426. This bill will bring much needed accountability to those who operate drones irresponsibly in emergency airspace. Thank you for your time and your continued support of the California Fire Service.
- Marcus Detwiler
Person
Good morning, Mr. Chair and members. Marcus Detwiler with the California Special Districts Association. CSDA. CSDA represents all types of special districts, including fire protection districts, park districts, air quality management districts, geologic hazard abatement districts, healthcare districts and more. CSDA is a proud supporter of Assembly Bill 426.
- Marcus Detwiler
Person
As was referenced before, during the recent fires in Palisades area in LA County, an unauthorized individual operating a drone impeded critical lifesaving work underway by first responders. This is demonstrable, therefore, of the insufficiency of existing law to prohibit this type of behavior. Enter AB 426.
- Marcus Detwiler
Person
AB 426 would prohibit an unauthorized individual from operating or using a drone, a UAV or a remote piloted aircraft at the time same scene of emergency. Specifically targeting conduct that impedes or otherwise inhibits the actions of first responders in the performance of their official duties.
- Marcus Detwiler
Person
In this way, AB 426 ensures that the risk of civilian interference is minimized and that first responders are free to conduct their life saving operations. For these reasons, CSDA is a proud supporter of AB 426 and would encourage an aye vote. Thank you.
- Thomas Umberg
Legislator
Thank you. All right, others in support of AB426. Give us your name, your affiliation, your position.
- Zachary Cefalu
Person
Good morning, Chair and committee members. Zach Cefalu with the League of California Cities, in support. Thank you.
- Thomas Umberg
Legislator
Thank you. All right, anyone else? Seeing no one else, let's turn to the opposition. I'm not aware of any opposition, but - oh, there is opposition.
- Thomas Umberg
Legislator
All right, if you're opposed to AB 426, now's your time. Please come forward.
- Thomas Umberg
Legislator
All right, thank you. Anyone else opposed to AB 426? Please come forward. Seeing no one else coming forward, let's bring it back to committee. Questions by committee members. Seeing none. Assemblymember Dixon, would you like to.
- Thomas Umberg
Legislator
Thank you. All right. Appropriate time, expect to be a motion. The ever-patient Assemblymember Gonzalez.
- Mark Gonzalez
Legislator
Thank you. Mr. Chair and members, I am pleased to present AB 770 which creates a targeted exemption under the Outdoor Advertising Act, or OAA to allow the City of Los Angeles to establish a signed district at the Los Angeles Convention Center.
- Mark Gonzalez
Legislator
This exemption will enable the city to unlock a critical revenue stream to support the renovation and modernization of Los Angeles Convention center which is keyed to venue for the 2028 Olympic and Paralympic Games.
- Mark Gonzalez
Legislator
Located in downtown Los Angeles, the LA Convention Center is one of the largest convention centers in the country and hosts a wide variety of events including concerts, trade shows, exhibitions and conventions. And this coming summer at Kcon. While expansion plans have been discussed for years, they became a top priority following LA successful bid for the 2028 Games.
- Mark Gonzalez
Legislator
The convention center is slated to host at least five Olympic sporting events.
- Mark Gonzalez
Legislator
In preparation, the city has proposed a major expansion modernization including 340,000 square of new space, upgraded public amenities, installation of exterior digital signage and this project is expected to create 8,700 temporary jobs and 2,200 permanent jobs, attract an additional 500,000 visitors annually and drain over $550 million in economic impact over the next 30 years, which as we all know, is greatly needed, especially for the City of Los Angeles as it's in recovery.
- Mark Gonzalez
Legislator
A critical funding source for the project is projected revenue generated by proposed digital advertising signage. AB 770 ensures the city can establish a signed district that complies with state law and activates its revenue stream. This bill enjoys broad support including from organized labor, the business community, local residents and Mayor Karen Bass.
- Mark Gonzalez
Legislator
Primary witnesses in support this morning include Anh Nguyen, on behalf of the Central City Association of Los Angeles, Eddie Alvarez with the LAOC Building Trades, and Freddie Quintana, Senior Director of State Affairs, Los Angeles Mayor Karen Bass, to help provide any technical questions. Take it away.
- Anh Nguyen
Person
Good morning, Chair and members. My name is Anh Nguyen with the Central City of Los Angeles, also known as CCA and proud co-sponsor of this bill. We represent over 300 businesses, institutions, and nonprofits in downtown.
- Anh Nguyen
Person
I speak before you today with the full support of the LA business and labor communities with me and we urge you to support this bill as it is critical to modernizing our convention center. The convention center is a major economic engine in the heart of our city, but it's not operating at full capacity.
- Anh Nguyen
Person
It is small, outdated and cannot attract the country's most sought after conventions. We're losing conventions to other cities like St. Louis and Kansas City and losing the vital sales tax and tot revenue that come with it. But we're at a critical inflection point.
- Anh Nguyen
Person
There is no other shovel ready public infrastructure project in LA that can generate the magnitude of jobs, direct city revenue, and indirect economic impact that this can: 8,700 temporary jobs, 2200 permanent jobs, an additional 500,000 additional visitors to LA, and over 550 million in economic impact.
- Anh Nguyen
Person
These aren't distant projections, but near-term tangible gains that will be felt in our communities and the benefits ripple far beyond downtown. Thousands of workers throughout Southern California depend on this ecosystem to earn a living. When the convention center thrives, so does the supply chain of local businesses that feed into it.
- Anh Nguyen
Person
But this hinges on AB 770's urgent passage. The project is financially unfeasible without it. For these reasons, we respectfully urge your aye vote. Thank you.
- Eddie Alvarez
Person
Good morning, my name is Eddie Escoto Alvarez. Mr. Chairman and members of the committee. I am a Council Member and representative of the LA/OC Building Trades. We represent over 160,000 sisters and brothers of the unique construction industry, and with our Executive Secretary Ernesto Medrano. Echoing my good friend Anh Nguyen from CCA, our LA Convention Center is due for an upgrade as Los Angeles and Southern California looks to host and welcome the world to the Olympics for the third time.
- Eddie Alvarez
Person
This project is covered under a community workforce agreement which mandates that 50% of the project, which is more than most projects, is covered by local hire. Which means that the folks that are going to be working on this are people from the community, look like me and live nearby.
- Eddie Alvarez
Person
Beyond the jobs on this project, this is a major economic anchor, not just for construction, but for all the entertainment industry jobs connected to the trade shows. Many folks here with us today depend on these jobs to get them through. Our own executive secretary started as a handler, as a teamster down in the docks.
- Eddie Alvarez
Person
So, we want to see downtown built up. I am a resident of downtown. I grew up in downtown, I live in downtown. We have, we're ready to see this built up. We have union-built projects that are shovel ready beyond this, but they're waiting to see if the convention center is going to be built.
- Eddie Alvarez
Person
This is like I said, a major economic anchor for the whole entire community, the whole entire Southern California. And people are ready to build, but they want to see if the anchor is going to be built also.
- Eddie Alvarez
Person
With that being said, we want to put our best foot forward for the world and we ask for your help and support. AB 770 thank you.
- Thomas Umberg
Legislator
Thank you. Other witnesses in support. AB 770, please approach the microphone.
- Freddie Quintana
Person
Morning, Chair and senators. Freddie Quintana on behalf of Los Angeles Mayor Karen Bass to sponsor this legislation in support and available for technical questions.
- Tom Davis
Person
Yes. Good morning. Tom Davis, California ITAC Council, in strong support and we thank the author for carrying this vital legislation for us. There's a lot of jobs.
- Rob Nothoff
Person
Good morning. Rob Nothoff with the Los Angeles County. Federation of Labor where we proudly represent over 850,000 workers across every industry in LA County, speaking in strong support. Thank you.
- Keith Dunn
Person
Thank you. Mr. Chair. Keith Dunn on behalf of the State Building Construction Trades Council, here in support. Thank you.
- Yvonne Fernandez
Person
Mr. Chair, Yvonne Fernandez, California Labor Federation, in support.
- Chris Micheli
Person
Morning, Mr. Chair. Chris McKayley on behalf of my clients, the Hollywood Chamber of Commerce and the Los Angeles Area Chamber of Commerce, in support. Thank you, Mr. Chair.
- Mitchell Bechtel
Person
Aloha. I'm Mitchell Bechtel on behalf of the District Council of Ironworkers and support.
- Thomas Umberg
Legislator
Thank you. All right, anyone else in support, please approach. Now let's turn to the opposition. If you're opposed to AB 770, please approach the microphone.
- Amy Lerseth
Person
Good morning. I'm Amy Lerseth. I'm here on behalf of the California State Outdoor Advertising Association. Respectfully, we are in opposition to the bill. Our members represent over 90% of the legally erected outboard advertising in the state. We initially supported the bill when it was addressing important issues for customary maintenance on outdoor advertising.
- Amy Lerseth
Person
The June 13 amendment though, significantly altered the bill, stripping that out and inserting the provisions for the LA Convention Center. As noted by the author, AB 770 would establish new sign district for the convention center that effectively authorizes billboards currently prohibited under existing law. It sets a troubling precedent.
- Amy Lerseth
Person
By exempting these displays, the bill undermines long standing state and federal regulation that exists to ensure fairness, safety and avoid significant financial penalties for noncompliance with the federal Highway Beautification Act. In fact, the committee report mentions on page six that Caltrans has actually requested. Pardon me.
- Amy Lerseth
Person
That Caltrans denied the city's request to certify the sign district, pointing out that several of the proposed displays violate the Highway Beautification Act. Billboards are subject to stringent regulation, including specific limits on size, spacing and total square footage. For example, under the current law, total sign area cannot exceed 1200 square feet.
- Amy Lerseth
Person
Yet according to the City of LA's staff report, AB 770 would authorize up to 36 new billboard displays, many of which would exceed these sign limits, including one super-size measuring 26,000 square feet, which is located directly adjacent to highways 110 and 10. The stakes are not theoretical.
- Amy Lerseth
Person
Under federal law, the US Secretary of Transportation is authorized to withhold up to 10% of state's federal highway funds for noncompliance. For California, that could be upwards of $400 million. This concern is not without precedent. In 2022, Governor Newsom vetoed a similar exemption bill.
- Amy Lerseth
Person
Yes, I can. And I have Ron Beals here in case there's any technical questions that.
- Thomas Umberg
Legislator
Okay, thank you very much. All right, others in opposition. AB770.
- Ronald Beals
Person
Hi, Mr. Chairman, members of the committee, Ron Beals, Attorney for the California State Outdoor Advertising Association. I'd be happy to answer any technical questions on the bill. I would also give a short shout out to the staff who did an excellent job on summarizing a very difficult subject law that this committee has.
- Ronald Beals
Person
I don't think seen a bill since Phil Eisenberg was the chairman of the Committee. So...
- Thomas Umberg
Legislator
Thank you. I might be the only person here who served with Phil Eisenberg, but I take that as a compliment. And yes, you always smart to compliment the staff because they do an excellent job. So, thank you. All right.
- Meghan Loper
Person
Mr. Chair and members, Megan Loper on behalf of two family operated independent billboard companies, Veale Outdoor and General Outdoor Advertising that are in opposition.
- Thomas Umberg
Legislator
Thank you. All right, anyone else in opposition, please come forward. Let's bring it back, committee. Senator Niello, Senator Durazo, you have a question?
- María Elena Durazo
Legislator
Yes, thank you. Well, I'm proud to be a principal coauthor of the bill and represent Los Angeles Central Los Angeles. And I just want to emphasize how important this is not just for Los Angeles, but also for what we all are waiting for.
- María Elena Durazo
Legislator
The Olympics, the Paralympics, and so many other massive, huge events that we need as a unique source of revenue for this to go forward. Not everybody has that available to them and we do. And we need to take advantage of it. I believe it's somewhere around - is it, and the author could clarify this: how much revenue we could expect from this signage district?
- María Elena Durazo
Legislator
Okay. I don't know of a single other source that could give that to us. Unless, I don't know, Mr. Umberg, Senator Umberg writes a check. But this is a highly unique opportunity. It's a unique source of revenue.
- María Elena Durazo
Legislator
It's an asset that the city has and frankly it's an asset that will benefit all Californians because of the revenue and the taxes that are going to be generated from this, we need to take in Los Angeles. We need to take advantage of this asset. And it's again, not just for a year or two.
- María Elena Durazo
Legislator
This is going to be for several years. I'm really proud and glad to see the coalition of the chamber, labor and others involved in this. So, I would urge and support this bill.
- Thomas Umberg
Legislator
Thank you. All right. At the appropriate time, I expect Senator Durazo make a motion. Assemblymember Gonzalez, would you like to close?
- Mark Gonzalez
Legislator
Thank you, Senator Durazo. Thank you, Mr. Chair. AB 770 is about lifting the City of Angels. Not just the name, but in spirit. It's about believing in the power of people, the promise of our city, and the legacy that we're building for generations to come.
- Mark Gonzalez
Legislator
As we prepare to welcome the world, let us rise together with purpose, with pride and with faith in what Los Angeles can become. I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
All righty. Thank you very much. So, thank you, Assemblymember Gonzalez. We don't have a quorum yet on that topic. I would ask Sergeant Steven and Sergeant Matt to call offices. There is some chance that we may get not just a quorum, but actually we only have six authors left.
- Thomas Umberg
Legislator
I know, as amazing as that sounds, but we only have six authors left. So next in order would be Assemblymember - would be Chair Kalra, then Assemblymember McKinnor. So, Chair Kalra.
- Ash Kalra
Legislator
Thank you so much, Mr. Chair. I'll be beginning with AB 1362. AB 1362 will require all foreign labor recruiters to register with the Labor Commissioner, not just those who recruit workers through the H2B visa category.
- Ash Kalra
Legislator
In 2014, California passed SB477 by Senator Steinberg to better regulate FLRs by requiring them to register with the Labor Commissioner and most importantly, providing protections and remedies for temporary workers being recruited to California. However, this law has been interpreted as only applying to H2B workers, despite the author's stated intent that it be applied more broadly.
- Ash Kalra
Legislator
Human traffickers have exploited this loophole, leading around 345,000 temporary foreign workers coming to California annually without essential labor protections. These workers include H2A visa holders who make up the temporary visa category with the most documented instances of human trafficking.
- Ash Kalra
Legislator
AB 1362 rightfully corrects this law so by making it clear all foreign labor recruiters are required to comply with the provisions of SB477. At this time, I would like to address the opposition's claim this bill would be duplicative of California's farm labor contractor law.
- Ash Kalra
Legislator
AB 1362 addresses foreign labor recruiters who largely operate outside the United States to recruit all types of workers and protects against harms that occur while the workers are deciding whether or not to accept a job in California and still living abroad.
- Ash Kalra
Legislator
As well explained in the Committee analysis, by contrast, the farm labor contractor law specifically protects farm workers once they have already taken the job and are in California, which is an entirely different stage of the process. Harms that result from violations of the farm labor contractor law arise during the work itself.
- Ash Kalra
Legislator
While this bill is seeking to cover against harms that result from unlawful behavior in the recruitment process amidst rollback of work protections at the federal level and changing border policies, it is urgent that California ensure all temporary immigrant workers are protected against wage theft, human trafficking and other labor violations.
- Ash Kalra
Legislator
Here to testify in support are Stephanie Richard, the Director and Visiting Associate Clinical Professor with the Sunita Jain Anti Trafficking Initiative, and Jeanette Sanipathin, Director of Policy and Advocacy with CHIRLA.
- Stephanie Richard
Person
Hello, my name is Stephanie Richard and I'm the Director of the Sunita Jain Anti Trafficking Initiative at Loyola Law School. I am a proud sponsor of AB 1362, a Bill that provides critical protections for temporary workers as California continues to fight against fraudulent labor recruitment and labor trafficking.
- Stephanie Richard
Person
Each year, 350,000 temporary workers come to California on 16 different visa programs across industries from agricultural to tech. These include the A3, B1, H1B, H1C, H2A, H2B, L1, O1, P3, and TN visas. Just saying that's a mouthful. So you can see how complicated this process is.
- Stephanie Richard
Person
But all temporary visa holders receive the same common vulnerability recruitment by foreign labor contractors who subcontract with employers to bring workers to our state. This unchecked system has led to widespread exploitation as documented by anti trafficking experts and ethical businesses for the last 20 years.
- Stephanie Richard
Person
It is rare we have a policy solution that experts all agree will prevent trafficking before it starts. Let me tell you about Jose, a worker I represented. Jose came to California on an H2A visa to pick avocados.
- Stephanie Richard
Person
A recruiter told him he had to pay a fee, so he took out about $3,000 in a loan to cover it. Once he arrived, he was crammed into a single room with 34 other men, also H2A visa hold. He was promised work, but his debt kept him silent.
- Stephanie Richard
Person
Too afraid to complain, his employers threatened to call the police and have him deported if he spoke up.
- Stephanie Richard
Person
Jose later told me that if he knew, he should not have had to pay the visa fee and that he had a right to a written contract in his own language, outlining his visa and job conditions, he would have sought help earlier and escaped this abusive workplace.
- Stephanie Richard
Person
That is what AB 1362 does, but it's also good for business. AB 1362 is narrowly tailored to address the issue of third party recruiters engaging in trafficking. If you're a business that recruits your own workers as AB 1362, it does not apply to you.
- Stephanie Richard
Person
For businesses that use third party recruiters, all you have to do is use a registered recruiter. So this bill helps businesses.
- Stephanie Richard
Person
By ensuring there's no double dipping. So I urge your aye vote. Thank you.
- Thomas Umberg
Legislator
Thank you. Thank you very much. All right, next witness, please. AB 1362, please queue up if you're in support.
- Jeanette Pathin
Person
Good afternoon, Chair and Members. My name is Jeanette Sani Pathin. I'm the Director of Policy and Advocacy at CHIRLA and I am a proud co-sponsor of AB 1362. Over 10 years ago, testimony in front of the same Senate Judiciary. A similar Senate Judiciary Committee on SB844 on SB sorry 477 highlighted this case.
- Jeanette Pathin
Person
More than 250 Thai agricultural workers were fraudulent, violently recruited workers were charged recruitment fees of up to $25,000 upon arrival. Traffickers confiscated passports, imposed debt bondage and subjected them to threats and threats and physical violence to prevent escape.
- Jeanette Pathin
Person
Testimony also detailed how these workers were housed in rat infested conditions and forbidden for leaving the farms, demonstrating the exact type of recruitment abuse that SB477 was designed to prevent. Today, workers recruited by fraudulent labor recruiters who come to California on H2A and other temporary visas still receive no protections for these abuses in California.
- Jeanette Pathin
Person
As a sponsor of the bill, we invited workers to come and testify today about their experience. But unfortunately they were not able to be here with us today. Conti and I will share their testimony. Conti was 18 years old when she came to the US from Sri Lanka as a domestic worker on a B1 visa.
- Jeanette Pathin
Person
She signed all her paperwork in English and was never paid. Paid and worked almost 24 hours a day. She was physically abused and she was threatened that if she left her family in Sri Lanka would also be threatened and harmed.
- Jeanette Pathin
Person
Angela also came to the United States on a lawful visa with the promise of a great job in the Philippines. Coming to the US Was like winning the lottery. Once she got here, she realized that it wasn't. She had to work almost 12 years to pay back a $10,000 debt for her visa.
- Jeanette Pathin
Person
She worked over 18 hours a day, often slipped on the floor. And when she tried to leave her trafficker would threaten that he would call the police on her. All these workers, as I said, wish they could have been here today to tell you their stories and the need for AB 1362.
- Jeanette Pathin
Person
None of these workers were aware of their rights or could ask for any assistance or help. For these reasons we urge your aye vote to ensure that workers like Conti and Angela have the protections from both labor and trafficking abuse here in California.
- Courtney Jensen
Person
Mr. Chair and Members, Courtney Jensen on behalf of the Sunita Jain Anti Trafficking Initiative, been asked to provide support from a couple different groups.
- Courtney Jensen
Person
Verite Center for Human Rights and Constitutional Law, Coalition to Abolish Slavery and Trafficking, Central Valley Justice Coalition, Sacramento Economic Policy Institute, Asian Americans Advancing Justice, Southern California Justice at Last, Equal Rights Advocates, Santa Clara County Wage Theft Coalition, CRLA Community Legal Services in East Palo Alto and Prevention Global. Thank you. Thank you.
- Annalee Akin
Person
Thank you. Annalee Augustine here on behalf of the American Apparel and Footwear Association in support.
- Ken Wang
Person
Thank you. Good morning Chair, Members, Ken Wang on behalf of the California Employment Lawyers Association in support. Thank you.
- Caitlin Vega
Person
Thank you Mr. Chair, Members, Kaitlyn Vega for the California Labor Federation here in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support? AB 1362, please approach. Seeing no one else approaching, let's turn to the opposition. If you're opposed to AB 1362, please queue up.
- Kimberly Clark
Person
Good morning Senator and Members of the Committee. My name is Kimberly Clark and I'm with the California Farm Labor Contractor Association. While we agree with the overarching goal to protect workers and the state's agricultural industry industry, we oppose AB 1362, the foreign labor contractor registration for agricultural workers.
- Kimberly Clark
Person
As the bill would add more administrative burdens to agencies and employers already dealing with flawed registration systems without providing tangible increased protection for workers nor actionable enforcement resources to deter bad actors.
- Kimberly Clark
Person
California's existing farm labor contractor licensing program requires biannual examination, nine hours of continuing education each year and annual registration by the Department of Labor Standards Enforcement Licensing and Registration Unit, which in fact was the model used to design the foreign labor contracting registration.
- Kimberly Clark
Person
The Licensing and Registration unit is well known in the industry for being inefficient, presumably due to insufficient resources, with some licenses taking months to process. We applaud the unit's assistant chief, Melinda Davis, and her team for their recent efforts. However, we must ask how charging an overloaded state agency with re registering employers would better protect workers?
- Kimberly Clark
Person
In addition to federal requirements for employees seeking to bring temporary agricultural workers, current regulations give oversight powers to multiple state agencies. Cali OSHA ALRB, the Employment Development Department and others down to the county and local levels. For example, this bill has been lauded as a way to ensure safe living conditions.
- Kimberly Clark
Person
However, the California Department of Housing and Community Development and EDD are already tasked with with this excuse me, already charged with this task. As farm labor contractors know all too well there are bad actors that harm workers and the agricultural industry.
- Kimberly Clark
Person
We support targeted enforcement to fight bad actors who flaunt existing laws and the allocation of resources to that end. But AB 1362 simply creates additional burden for those already doing the right thing. Thank you.
- Thomas Umberg
Legislator
Thank you. Others in opposition AB 1362 please approach. If you're opposed, please queue up.
- Keith Dunn
Person
Good morning, Mr. Chairman and Members of the Committee. Brian Little with California Farm Bureau in respectful opposition to AB 1362. For all practical purposes, AB 1362 is identical to AB 364 offered by former Assemblymember Freddy Rodriguez, which Governor Newsom vetoed in 2022.
- Keith Dunn
Person
Among his reasons for vetoing that bill is the redundancy that we've expressed concern concern about and that my colleague Ms. Clark talked about before in his veto message.
- Keith Dunn
Person
He wrote, many foreign labor contractors are already regulated through federal and state agencies, and this Bill would create a redundant process for many of the contractors already covered by this Bill. For example, California already has its own program requiring farm labor contractors to be licensed by the Labor Commissioner's office.
- Keith Dunn
Person
With some of the problems attendant to what Ms. Clark talked about in her statement, AB 1362, we labor trafficking is a horror and we should do every reasonable thing to try to stamp it out.
- Keith Dunn
Person
AB 1362, in our view, is not a reasonable thing because you're putting the burden of trying to do something about human trafficking on people who are already operating businesses that are being operated legally above board and with a state license that they're required to get by state law with all the attendant requirements that Ms. Clark described for you a moment ago.
- Keith Dunn
Person
These are not the people who are doing the human trafficking. Requiring these people to get another to go through another process very similar to what they already had to do in order to get their state license will not serve the purpose of trying to control human trafficking.
- Keith Dunn
Person
It will merely hamper a very important aspect of what we need to do in agriculture in order to ensure labor market liquidity so we can harvest crops and provide food for Californians and for the rest of the United States. For those reasons, California Farm Bureau respectfully requests your opposition to AB 1362. Thank you.
- Thomas Umberg
Legislator
Thank you. Others opposed Your name, affiliation and your position
- Cody Boyles
Person
Cody Boyles on behalf of The Nisei Farmers League in opposition. Thank you.
- Michael Miller
Person
Michael Miller, California Association of Wine Grape Growers. We respectfully understand the intent of the bill and appreciate the intent of the bill, but for the reasons articulated in the Governor's veto, we are respectfully opposed.
- Thomas Umberg
Legislator
Thank you. All right, Anyone else opposed? AB 1362. Seeing no one approaching, let's bring it back to Committee. Questions by Senator Durazo.
- María Elena Durazo
Legislator
Yes, I have a couple of questions and thank you very much to the author. There are a couple of issues that were raised by the opposition and hope that you could help understand why the need for this bill. One is the alleged redundancy has been referred to. So if you could address that.
- Ash Kalra
Legislator
Yeah. And so, yeah, there is argument that is duplicative. But. However, farm labor contractors and foreign labor recruiters operate at different stages of the process. Farm labor contractors are regulated as employers within the United States.
- Ash Kalra
Legislator
They hire and manage workers once they arrive in the US in violation of farm labor contract law arises from abusive behavior during the work itself. Foreign labor recruiters operate outside the U.S. recruiting workers in their home countries before they reach their employers. This stage of recruitment is largely unregulated, leading to wage theft, debt bondage and human trafficking.
- Ash Kalra
Legislator
And quite frankly, the farmer that hires them may not know that. And under this bill, they would not be liable if they don't have the knowledge of that. It's really the FLRs that we're trying to regulate because of the unscrupulous acts that have occurred.
- Ash Kalra
Legislator
If you have a farm labor contractor that's working above board, sorry, a foreign labor recruiter that's working above board, they shouldn't have a problem registering and ensuring that those that they are hiring understand their rights as workers in the United States. And so, you know, farm. And addressing the vetoes, the veto message focused on farm labor contractors.
- Ash Kalra
Legislator
Again, this is not about farm labor contractors. We've had conversations with the Administration to clarify that. This is about foreign labor recruiters who operate outside the United States that are recruiting workers before they reach their employers. And if a employer or grower contracts with a registered foreign labor recruiter, then that's all they need to do.
- Ash Kalra
Legislator
There'll be no issue of any liability with an employer. So really we're just trying to focus on those foreign labor recruiters that right now are outside of the law as it applies to what applies separately to farm to farm labor contractors.
- María Elena Durazo
Legislator
Great. And another question is, again, there's been from the opposition saying that the burden is going to be on legal businesses. How would you respond to that?
- Ash Kalra
Legislator
I mean, that's always the case. That's why we have strong wage theft laws, because if someone commits wage theft, they're disadvantaging legal businesses that don't. And so clearly, the burden is going to be to root out the unscrupulous actors so that everyone plays by the same rules and that benefits everyone.
- María Elena Durazo
Legislator
Well, thank you. I want to thank you for moving this bill forward, no matter how many times some version of it gets turned down or vetoed. I think we owe it to the state that we will protect people who come in to work, and they should not. They should not be abused in this great nation of ours.
- Thomas Umberg
Legislator
Thank you. No other questions or comments. At the appropriate time. I'm expecting if Senator also will move the bill. So I think she's anticipating that Governor Newsom will have gained in wisdom over the last couple years. All right, Senator Kalra, would you here to close?
- Ash Kalra
Legislator
I also have that same hope, and with that respect for Yasmin, I voted the President.
- Thomas Umberg
Legislator
Thank you. Okay, let's turn now to File item number 17. It's a Judiciary Committee bill.
- Ash Kalra
Legislator
Chair Kara, thank you so much. AB 1525. Presenting on behalf of my Judiciary Committee colleagues. As officers of the court, attorneys are sworn to uphold and protect the rights of others. This obligation requires attorneys to take positions that at times may not be socially or politically popular.
- Ash Kalra
Legislator
Unfortunately, attorneys are now finding themselves targeted for for professional retribution for representing clients and taking positions that displease some political groups seeking to protect California attorneys.
- Ash Kalra
Legislator
This bill ensures that attorneys provide legal advice or other assistance to those in need of reproductive health care, cannot have their California law license threatened because another state seeks discipline for providing legal services that are wholly legal in California. Respectfully ask for an aye vote.
- Thomas Umberg
Legislator
Thank you. Those in support of AB 1325, please come forward. Seeing no one coming forward, let's turn to the opposition. If you're opposed to AB 1525, please come forward. No one coming forward. All right, let's bring it back to Committee for questions by Committee Members. Questions by Committee Members. There are none. Yes, you're on a roll.
- Thomas Umberg
Legislator
Assembly Member Kalra, would you like to close? Respectfully asked for an aye vote. Thank you. Thank you very much. Okay, so we're getting very close to a quorum here. Assemblymember McKinnor, floor is going to be yours. Momentarily after Assemblymember Mckinnor, we would normally have Assemblymember Petrie-Norris. We're getting very, very close.
- Thomas Umberg
Legislator
So what would be marvelous is if we could take up at least A portion of the calendar before we have to break for our respective caucuses. All right. Assemblymember McKinner, you have two bills. Number 18. Would you like to start with file number 18? A.B. 57.
- Tina McKinnor
Legislator
Chair. Members. A.B. 57 seeks to address historic and systemic inequities in home ownership by reserving a portion of funding within the California's Home Purchase Assistance Program, specifically for descendants of formerly enslaved people.
- Tina McKinnor
Legislator
The legacy of slavery and the long history of discriminatory housing policies such as redlining, racial covenants and exclusionary lending practices have resulted in deep and persistent racial disparities in home ownership. Today, the home ownership rate for descendants of formerly enslaved people remains nearly 30% percentage points lower than that of other households.
- Tina McKinnor
Legislator
It is important to note that AB57 identifies future beneficiaries based on a legal status, not race. Descendants of formerly enslaved people can look like anyone in this room. Senator Weber Pearson and the Legislative Black Caucus is working closely this year on a separate legislation that would create a legal process to identify descendants of formerly enslaved people. And.
- Tina McKinnor
Legislator
And we are confident that AB57 works in concert with Senator Weber Pearson's legislation to repair generations of harm imposed this resilience. Population of California. AB 57 is not only a response to a historic injustice, it is an investment in California's economic future. Expanding home ownership builds generational wealth, stabilizes community and strengthens our broader economy.
- Tina McKinnor
Legislator
With me today to testify in support of this Bill is Tanisha Herring from the California Hawaii State Conference, NAACP. Thank you.
- Tanisha Herring
Person
Good morning, Mr. Chair. Members. Tanisha Herring, on behalf of the NAACP California Wide State Conference Summit, Bill 57 has our overwhelming support as it aims to address historical disparities in home ownership by allocating at least 10% of California's home Home Purchase Assistance Program funds to applicants or descendants of formerly enslaved people.
- Tanisha Herring
Person
By specifically allocating funds to descendants of Formerly enslaved individuals, AB57 acknowledges and seeks to rectify the systemic barriers that have historically prevented said descendants from accessing home ownership opportunities. As we all know, home ownership is a key driver of wealth accumulation. The bill facilitates economic empowerment, contributing to close the wealth gap.
- Tanisha Herring
Person
Increased homeownership translates into more local investment, higher tax revenues, and economic benefits for our neighborhoods. This bill is a step towards reparative justice, recognizing the lasting impact, the lasting economic impacts of slavery, segregation and discriminatory housing policies that have hindered home ownership for generations.
- Tanisha Herring
Person
Direct home ownership assistance is a tangible and meaningful way to begin to address these harms. Opponents may argue that offering targeted assistance is unfair, claiming that all home buyers should be treated equally.
- Tanisha Herring
Person
However, this argument ignores the fact that past housing policies were intentionally designed to exclude the families of descendants of formerly enslaved people from these homeownership opportunities. Policies like redlining, restricted covenants, and discriminatory lending were not about equality. They ensured that true equality was never an option to begin with.
- Tanisha Herring
Person
The deep disparities in homeownership today are a direct result of those policies. The historical denial of equality, in addition to its residual effects, have led to today's call for equity. And this is why we ask for your high vote. Thank you very much.
- Thomas Umberg
Legislator
Others in support of AB57, please come forward. Please queue up.
- Mitch Steiger
Person
Thank you, Mr. Chair, Members and staff. Mitch Steiger with CFT, a Union of Educators and Classified Professionals, also in support. Thank you.
- Jeremy Hinkson
Person
Jeremy Hinkson with the California Civil Liberties Advocacy in strong support. Thank you.
- Monea Jennings
Person
Mona Jennings on behalf of the Greater Sacramento Urban League in full support. Thank you.
- Silvia Shaw
Person
Sylvia Soli Shaw here on behalf of The California Faculty Association in support. Thank you. Thank you.
- Tasia Stevens
Person
Tasia Stevens on behalf of the Alliance for Reparations, Reconciliation and Truth. In strong support.
- Andy Mason
Person
Thank you. Andy Mason here for Clean Earth for Kids in support. Also in support, North County Equity and Justice, Eco Sustainability Peeps, Interfaith Coalition for Earth Justice and Activist San Diego. All in support. Thank you.
- Linda Way
Person
Good morning. Linda Way with Western Center on Law and Poverty and support.
- Thomas Umberg
Legislator
Thank you very much. All right, anyone else in support? AB57, please approach. Seeing no one else approaching. If you're opposed to AB57, we don't have anyone on file as opposed. But if you're opposed to AB57, please approach. Seeing no one. Let's bring it back to Committee. Questions by Committee Members. Senator Durazo.
- María Elena Durazo
Legislator
Just a comment. Thank the author and especially thank you for the thoughtful steps that are being taken by various Members and the plan and the strategy to move forward on this. It's very important, very impressive and I respectfully will support this bill.
- Thomas Umberg
Legislator
All right, thank you. At the appropriate time I expect Senator Durazo will move the bill. She's going to be busy. All right, other questions or comments? Seeing no other questions or comments, would you like to close?
- Thomas Umberg
Legislator
Alrighty, thank you very much. All right, let's turn to your second bill which is file number 20 AB288. Now I have asked, I have implored, I'm now begging Members to make themselves basically present themselves in room 2100. We're close to a quorum, so. All right. Okay, let's go to file number 20 AB 288.
- Tina McKinnor
Legislator
AB 288 will protect California workers by preserving their fundamental and constitutional rights to free speech and free Association. All workers have an inelienable right and right under the First Amendment to the United States Constitution and the California State Constitution to control the labor that they provide and to freely join with their co workers to achieve improvements.
- Tina McKinnor
Legislator
California law has also codified workers fundamental and constitutional protected rights in section 923 of the Labor Code. Nevertheless, employers continue to use delays in government processes to their advantage by squelching worker organizing efforts and otherwise violating workers rights with impunity. Corporations have filed multiple lawsuits seeking to invalidate federal labor law to cripple its enforcement.
- Tina McKinnor
Legislator
In addition to long standing underfunded and delays, the National Labor Relations Board now lacks a quorum due to the firing of Gwen Wilcox Even when California workers are successful in unionizing despite the obstacles they are put in their way, they are often forced to wait for years to have the right to meet with their employer at the bargaining table vindicated.
- Tina McKinnor
Legislator
Such delays in getting relief incentivize employers to refuse to bargain and in good faith with workers choosing collective bargaining representatives and prevents workers from getting improved negotiated wages and benefits in a timely manner, thereby contributing to increased workplace conflict and economic instability.
- Tina McKinnor
Legislator
California cannot and must not sit idly by as California workers are exploited and chilled from exercising their rights. This is unacceptable and frankly, un American. Our state's power is greatest when it is used to protect its people's physical, social and economic well being. And we must exercise that right.
- Tina McKinnor
Legislator
As the Supreme Court has long recognized, states have a wide field of discretion and regulation to ensure wholesome conditions of work and freedom from oppression.
- Tina McKinnor
Legislator
California therefore has a right and responsibility to regulate the working condition of workers within its borders, including preserving workers fundamental and constitutional protection, rights to free speech, to Free Association, and to have a real voice in the workplace. I respectfully ask for your aye vote.
- Tina McKinnor
Legislator
And my witnesses are Janine Roberts from Amazon and Professor Katherine Fisk from US Berkeley School of Law.
- Thomas Umberg
Legislator
Thank you. First witness please. If you're in support of AB 288, please cue up.
- Jeannia Roberts
Person
Good afternoon. Thank you for the opportunity to speak today. My name is Jeannia Roberts and I work at the Amazon delivery station in San Francisco. In October we won our union and we are now proud teamsters. But the government has not had our back. Amazon treats us like we're disposable.
- Jeannia Roberts
Person
Every day we put our safety on the line to meet Amazon's unreasonable demands and unquenchable thirst for profits. I know what that can lead to. My mom was also an Amazon worker and after a bad head injury, she was fired. We all know that a union is the solution.
- Jeannia Roberts
Person
We organize because we need the power to make sure our well being is priority. Amazon thinks that it can pretend that it never happened and no one will hold them accountable. We need you to prove that that's wrong. We were the first unionized Amazon warehouse in California.
- Jeannia Roberts
Person
Drivers and warehouse workers at several other Amazon facilities are now unionized too. We have the right under the First Amendment to organize a union, but that right is hollow if our employer does not have to recognize it.
- Jeannia Roberts
Person
We organized in October and since then Amazon has not come to the table and the National Labor Relations Board has not forced Amazon to do so. That's why we need to take action and defend the right of working people in California pass this bill.
- Jeannia Roberts
Person
It will give the state the power to force companies like Amazon to negotiate a union contract if the NLRB has failed to protect our rights. We need you to vote yes on AB288 to ensure the freedom to organize in California. Thank you very much.
- Thomas Umberg
Legislator
Thank you. Just a housekeeping announcement. This will be the last bill before we all break for caucus. I'm looking at the number of people here waiting to testify. And so after we finish hearing AB 288, we'll be breaking for caucus. But I'm again begging for Members to present themselves in room 2100. All right, go ahead. Thank you.
- Kathryn Fisk
Person
Mr. Chair, Members of the Committee, I'm Kathryn Fisk, a professor of labor law at the University of California, Berkeley. AB288 enables prompt and effective determination of disputes over unionization and collective bargaining without the need for litigation or strikes. It serves the interests of business workers and the public.
- Kathryn Fisk
Person
It is consistent with federal labor law, and it protects Californians fundamental rights of freedom of speech and freedom of Association, including the right recognized in our state constitution to assemble freely, to consult for the common good. None of three separate applications of this bill is preempted by federal law.
- Kathryn Fisk
Person
Moreover, the National Labor Relations Board, like other federal agencies, already has a state established procedures for coordinating with other federal and state agencies. So the work with our Public Employee Relations Board will not be out of the norm.
- Kathryn Fisk
Person
First, there is no question that California can regulate unionization and collective bargaining among employers and workers, such as independent contractors, who are not covered by the NLRA. It has done so since 1961 for employees of state and local government and public universities and school schools, and since 1975 for agricultural workers.
- Kathryn Fisk
Person
Moreover, Section 10A of the National Labor Relations act explicitly allows the NLRB to cede jurisdiction to states which the NLRB has used for small employers and for college athletes.
- Kathryn Fisk
Person
Second, it is also beyond dispute that Congress, if Congress were to repeal the NLRA or if the Supreme Court were to declare it unconstitutional, California could step into the void.
- Kathryn Fisk
Person
Many large California employers, including, as we've just heard, Amazon, SpaceX, Trader Joe's and the University of Southern California, to name just a few, currently claim that the NLRA is unconstitutional, at least in part, and have refused on that basis to comply with it. Many also insisted.
- Thomas Umberg
Legislator
Thank you, Professor. Thank you. I assume you're urging an aye vote.
- Thomas Umberg
Legislator
All right, next, those who are in support. Your name, your Affiliation, your position.
- Caitlin Vega
Person
Mr. Chair and Members. Caitlin Vega, on behalf of the California Labor Federation, proud sponsors of this bill.
- Allison Hilliard
Person
Hello chair and Members. My name is Allison Hilliard with the Climate Center in support. Apologies for not getting a letter in time, but we are in support the Climate Center.
- Unidentified Speaker
Person
Thank you. Thank you, Mr. Chair. Keith on behalf of the State Building Construction Trades Council as well as the District Council of Iron Workers asking for your support.
- Rob Notoff
Person
Thank you. Good morning. Rob Notoff with the Los Angeles County Federation of Labor urging your support and thanking the author. Thank you. Thank you.
- Florence Yosinogi
Person
Thank you. Hi. Florence Yosinogi out of San Francisco, Team 3665 in support. Thank you.
- Andy Mason
Person
Andy Mason, Clean Earth for Kids in support. Also in support, North County Equity and Justice, Eco Sustainability Peeps, Interfaith Coalition for Earth Justice and Activist San Diego. Thank you.
- Ariana Montez
Person
Ariana Montez on behalf of the United Public Employees in support.
- Carlos Lopez
Person
Thank you. Carlos Lopez with the California School Employees Association in support.
- Louie Costa
Person
Mr. Chair, Members, Louie Costa with SMART Transportation Division in support. Thank you.
- Bryant Miramontes
Person
Mr. Chair, Members, Brian Miramontes with the American Federation of State County Municipal Employees in support.
- Monica Madrid
Person
Monica Madrid with the Coalition for Humane Immigrant Rights (CHIRLA in support.
- David Enriquez
Person
Good afternoon. David Enriquez, Teamsters Local 396, Amazon Organizing Director in full support. Thank you.
- Cesar Castro
Person
Hi, good afternoon. Cesar Castro, Teamster rank and file Amazon organizer and I'm in support of AB288. Thank you.
- Sandra Barrero
Person
Thank you. Chair, Membera, Sandra Barrero on behalf of SEIU California, proud co-sponsors in support.
- Shane Gusman
Person
Thank you. Good afternoon. Shane Gusman on behalf of Teamsters California in support and a proud co-sponsor.
- Kobe Pizzati
Person
Thank you. Thank you. Mr. Chair, Members, Koby Pizzati on behalf of the California Association of Psychiatric Technicians also in strong support. Thank you.
- Juan Martinez
Person
Good afternoon. Juan Martinez, Local Teamsters 396 organizer. Deal with these workers every day and I am full support of this. Thank you. 288. Thank you.
- Dale Wentz
Person
Dale Wentz, Principal Officer, Teamsters Local 150 in Sacramento. Thank you.
- Trish Suzuki
Person
Trish Suzuki, Blind Ship Teamsters Joint Council 7 in full support.
- Sam Coro
Person
Thank you. Sam Coro, Teamsters Joint Council 42 and Orange County Federation of Labor in full support. Thank you.
- Alejandro Negrete
Person
Thank you. Alejandro Negrete, Teamsters Joint Council 7 in support. Thank you.
- C.T. Weber
Person
Thank you. CT Weber, legislative liaison, Peace and Freedom Party California in support of. Thank you. Very Much. Our letter was late, so.
- Thomas Umberg
Legislator
All right, thank you so much, sir. All right, we're going to go ahead and I'm going to ask the Committee assistant to call the roll for purpose of establishing a quorum.
- Thomas Umberg
Legislator
All right, thank you. For purposes of just, we're supposed to be in caucus right now and I want to make sure the opposition has a full and equal opportunity to present their side of the story. If you're in opposition to AB288, please raise your hand. Okay. Okay, here we go. All right, go ahead and approach the microphone.
- Ashley Hoffman
Person
Yeah. Things just in my head. Okay. Good morning. Chair and Members, Ashley Hoffman on behalf of the California Chamber of Commerce, respectfully in opposition. We know that this federal Administration is anything but predictable. And we absolutely understand the desire to I think kind of test the bounds of the Garmin preemption here.
- Ashley Hoffman
Person
But from my Members perspective, you know, we have a lot of concerns about this bill as written, that it is preempted by the garment doctrine. We agree, of course, that if there is a scenario where workers are explicitly cut out of the NLRA or if the NLRA were to be repealed. Right. That becomes a completely different question.
- Ashley Hoffman
Person
But as this bill is written, PERB, its jurisdiction would start to apply and people could go to PERB, even if there's just no quorum with NLRB for any duration of time. And this is, I believe, the third time in history that there has not been a quorum.
- Ashley Hoffman
Person
There is of course, ongoing litigation over that issue right now, but we have concerns about setting a precedent on that issue.
- Ashley Hoffman
Person
Also the six month delay provisions in the bill, we have concerns that effectively preemption kind of goes out the window if a state, you know, determines that a certain period of time that has passed is not sufficient and that they can kind of take matters into their own hands to that point.
- Ashley Hoffman
Person
We have a concern with a provision in the bill that says PERB could make decisions based on its own precedent that is developed from other statutes, not from the NLRA.
- Ashley Hoffman
Person
And finally, there is one piece that we are concerned could be interpreted to mean that the Legislature could never amend this bill unless they pass a strict scrutiny test, which historically, I think has almost never been Achieved. And so for those reasons, we must respectfully oppose AB288. Thank you.
- Thomas Umberg
Legislator
Thank you very much. If you're opposed to AB288, please approach the microphone. Going once, going twice. All right, let's bring it back to Committee. Committee Members, questions? Seeing no questions. zero, I'm sorry, Senator Caballero.
- Sam Coro
Person
So there's some issues that were raised by the opposition. Wonder if you've had an opportunity to talk to them or a response to any of the issues that they raised.
- Tina McKinnor
Legislator
Have not. I haven't had a meeting with them, but I can talk about the delays. If we look at the delays on employees, employers who illegally fire, intimidate or retaliate against workers known that enforcement might take years. They can delay union elections, bus organizing drives, or violate collective bargaining agreement without any immediate penalties.
- Tina McKinnor
Legislator
Because these delays can be a month, these delays can be years. And so while these delays are going on, a worker is fired for trying to unionize. The case takes 18 months to resolve, but then the union drive has collapsed and the fired worker may have moved on or lost their housing or lost their jobs.
- Tina McKinnor
Legislator
And so the reason we're doing this bill is because with us not having a quorum at the national level, we want to make sure that workers are protected. You know, a case can't be.
- Sam Coro
Person
Let me interrupt here right now because I'm going to support your Bill today. But my question really goes to the issues that they raised, which are when it gets triggered and then when it would end and the detail about changing the rules of the game. So I just ask it because I'm interested in.
- Tina McKinnor
Legislator
So there are triggers that would permit a worker to pursue their claims before PERB. The first trigger relies upon a worker who loses their coverage under the NLRA because of the actual is either narrowed or repealed. The first trigger is clearly not preempted here, as states are free to regulate labor activities that fall outside of the NLRA.
- Tina McKinnor
Legislator
The second trigger, in which the NLRA loses the ability to function due to either not having a quorum or lack of funding or staffing could fit within the argument relied upon by the 4th Circuit. So they have triggers here. That was in the bill, in an analysis, but I wanted to get to the quorum. So there's triggers.
- Tina McKinnor
Legislator
They just don't pop up and be able to go to per. So there's like three or four triggers.
- Thomas Umberg
Legislator
All right, thank you. I think, unfortunately, we're going to have to break here and then come back. Other questions by Committee Members. Yes. Okay, so why don't we do this. You want to do that. A quick comment. Okay.
- Suzette Martinez Valladares
Legislator
So I really want to support this bill. I understand the intent and I understand that business is not getting done because of a lack of a quorum. But I do have concerns about some of the triggers in the timeline. So I would highly.
- Suzette Martinez Valladares
Legislator
I want to get to support here, but I would highly recommend that you work with and talk with the officers.
- Tina McKinnor
Legislator
I'm sorry. I did meet with them. I am so sorry. I had so much. My chief just came and reminded me that, yes, we have met. I apologize for that. But I've done had so many meetings I couldn't remember.
- Suzette Martinez Valladares
Legislator
I get it. But we did. I would like to see some of the opposition's opposition's concerns addressed and I want to get to a yes. I really do. But would like to. I'm going to probably abstain today and I really want to get to a yes once it gets to the floor.
- Tina McKinnor
Legislator
Well, that's what I was doing when I was talking about the triggers. And we don't have time because I could address the reason why it we after six months.
- Thomas Umberg
Legislator
For avoidance of doubt, we'll take as much time as is necessary, but we may have to break now and come back after 1:30. So. Okay, go ahead and finish yourself.
- Tina McKinnor
Legislator
Well, just the reason why the six months. I mean, once a person gets fired, you don't want them waiting two years to get heard.
- Tina McKinnor
Legislator
And so six months, I think is appropriate enough time because if you've ever been fired or had young family Members that's been fired or been mistreated at a job, six months is about as long as the timing is that they should be waiting to be heard.
- Suzette Martinez Valladares
Legislator
And Mr. Chair, I'm not trying to delay this by any means. Why don't we do this?
- Thomas Umberg
Legislator
Let's just put a pin in that. We'll come back at 1:30 then, and we'll continue this conversation about AB 288. All right. Thank you. Thank you very much. For avoidance of doubt, we'll be in recess till 1:30. Thank you. Democrats, you are being requested in caucus.
- María Elena Durazo
Legislator
Hello, this is Senate Judiciary Committee. Committee reconvening and we have Assemblymember McKinnor on AB 288, who has the opportunity to now finish up her remarks. Or anything else you want to say?
- Tina McKinnor
Legislator
Well, I'll just say that if we have no board, no quorum, no board, no justice to state workers, for state workers. And so, we need to make sure that you know that PERB can hear these cases because if there's no form for workers to resolve unfair labor practices, then where do they stand?
- Tina McKinnor
Legislator
What do we do for them? We can't just leave them out in the cold because the NLRB doesn't have a quorum. We also can have loss of union protections, like bargaining rights, organizing protections, and reinstatement after retaliation. And so, we can't have our workers unprotected because employers will take advantage of that. Not all, but some.
- Tina McKinnor
Legislator
Some will take advantage of that. And when we talked about the time period, I do think six months is an appropriate time if you've been retaliated against or fired from your job, because no one knows how that feels. I've been there.
- Tina McKinnor
Legislator
And no one knows how that feel when you're sitting at home and you're waiting to get, you know, get some justice and you're sitting there and it's two years pass by.
- Tina McKinnor
Legislator
And so, I think this is exactly what California needs, because if the national can't do it, we should be able to step in after they hit the triggers.
- María Elena Durazo
Legislator
Great. All right. Thank you, Assemblymember McKinnor. We don't have anyone here to make a motion but thank you very much. Appreciate your patience and sticking with us. And coming back after the break.
- María Elena Durazo
Legislator
We don't have any other. We don't have any members. Does somebody want to pretend to be a member? Pretend to be a member. Assembly McKinnor, you can be Assemblymember Petrie Norris. No. Okay. Never mind. Okay.
- Roger Niello
Legislator
The Judiciary Committee is looking for authors as well as members of the committee itself. The first author that shows up wins a prize. Committee members don't win prizes. They're expected to be here.
- Chris Ward
Legislator
Thank you, Mr. Chair and Senators. First off, I'd like to start by accepting the committee's amendments. I want to thank staff for their very hard work on the bill.
- Chris Ward
Legislator
AB 1103 expedites the state's review and approval of federally sanctioned drug trials and clinical research which administer Schedule 1 and 2 controlled substances to human and animal subjects in California. This approval is granted through the Research Advisory Panel of California, better known as RAPC, that is housed within the Department of Justice.
- Chris Ward
Legislator
The Federal Controlled Substance Act requires all medical and scientific research with controlled substances in the United States to be reviewed and approved by the FDA and registered by the DEA before it may commence.
- Chris Ward
Legislator
Our current RAPC approval process requires taking action by a majority vote of the regularly scheduled bimonthly meeting of the full monthly panel membership, which can delay the commencement of urgently needed research by up to 60 days and potentially longer in cases where researchers submit incomplete or premature applications, applications without the requisite federal approvals.
- Chris Ward
Legislator
AB 1103 seeks to alleviate these avoidable delays by codifying an expedited approval process while ensuring that California retains RAPC as a backstop to federal oversight so that all controlled substances research conducted in California always complies with state law and policy.
- Chris Ward
Legislator
The expedited review process responds to concerns voiced by California's research community over the state's approval process delaying the commencement of vital clinical research in California and the effects of these delays on the ability of California institutions to compete for research investment and talents.
- Chris Ward
Legislator
With me here today to testify is Khurshid Koja with VETS and when the time comes, I welcome your questions and respectfully request your aye vote.
- Khurshid Khoja
Person
Thank you. Good afternoon, Mr. Chair, members, and committee staff. I'm Khurshid Khoja, Director of Public Policy and Legal Counsel for VETS: Veterans Exploring Treatment Solutions, a tax-exempt veteran's charity and the sponsor of AB 1103.
- Khurshid Khoja
Person
As you know, the Research Advisory Panel of California, or RAPC, is a long-standing state panel tasked with evaluating controlled substance research. It predates the Federal Controlled Substances Act by two years.
- Khurshid Khoja
Person
And yet the statutes mandating RAPC approvals have never been updated to account for either changes in the way such research is federally regulated or to account for subsequent state laws that affect how and when the panel can meet.
- Khurshid Khoja
Person
The lack of updated statutory language governing RAPC previously caused the panel to stop meeting for nearly a year when the panel's volunteer members were advised that they could no longer conduct confidential scientific reviews of research applications, which are often submitted by peers and colleagues of panel members, thereby undermining the candor necessary to ensure the integrity of the peer scientific review process and halting nearly 100 research studies within the state, many of which impacted veteran care and mental health.
- Khurshid Khoja
Person
I'm here today because AB 1103 is an opportunity to update and improve RAPC to ensure that controlled substance research within our state is reviewed and approved expeditiously and to remove unnecessary bottleneck context to the availability of life saving therapies for veterans and other Californians.
- Khurshid Khoja
Person
This bill would create an expedited review process for qualified studies and enable panel members to continue performing candid peer scientific reviews of research applications in private without exposing panel members to conflicts of interest and professional pressure from peers and colleagues or inadvertently disclosing the confidential information often contained within these applications.
- Khurshid Khoja
Person
AB 1103 represents nearly two years of outreach and effort by vets. Dr. Jennifer Mitchell, chair of the RAPC, and her fellow panel Members, as well as numerous stakeholders in the medical, scientific and research communities that enthusiastically support this Bill. Finally, I'll note that this Bill has no opposition. Thank you for your consideration. Vets urges your.
- Roger Niello
Legislator
Thank you. Any other witnesses in favor of AB 1103? Approach the microphone. Please proceed.
- Nicole Redler
Person
Hello. Hello. My name is Nicole Redler. I am here on behalf of California NORML and Compassionate Veterans in strong support of 1103. Thank you.
- Silvia Shaw
Person
Good afternoon. Sylvia Solis Shaw, here on behalf of the California State Association of Psychiatrists in support and also on behalf of the City and County of San Francisco in support. Thank you. Thank you.
- Roger Niello
Legislator
Any other witnesses in support of the bill? Do we have any - oh, one more.
- Roger Niello
Legislator
Thank you. And any other witnesses in support? Seeing none come forward; do we have witnesses in opposition? That appears not. We'll bring it back to the committee. Any questions or comments? I have just one: what happens after January 1st of 2028?
- Khurshid Khoja
Person
Date for the expedited process and also the Bagley Keene waiver. So, it goes back to the old standard review process.
- Roger Niello
Legislator
Okay, so when we have a quorum, I'm sure there'll be a motion. Oh, we established a quorum. Yes. So, thank you. bill has been moved by Senator Durazzo. Please call the roll.
- Committee Secretary
Person
This is file item number 32, AB 1103. The motion is do pass as amended to Senate Appropriations. [Roll Call].
- Chris Ward
Legislator
Back to file item 31. This will be Assembly Bill 82. I think our witnesses made it over from the other Committee. Well, if they did, then they'll be ready to present. All right, Mr.
- Chris Ward
Legislator
Chair and Members, I want to thank you for allowing me to present AB82 and start by accepting the Committee amendments which are technical and correcting and drafting oversight. This Bill would protect the privacy of individuals health data and protect the public safety and well being of patients, their families and health professionals accessing and providing legal health services.
- Chris Ward
Legislator
In California we are aware of a growing national attack on LGBTQ people, particularly transgender community Members, and among these attacks on individuals, individuals rights includes the right for people to access legal health services such as reproductive and gender affirming. Health care.
- Chris Ward
Legislator
Reports not only highlight hostile entities utilizing our data systems to target those who are accessing these legal services, but also illuminate a rise in harassment violence directed towards those who work in healthcare settings.
- Chris Ward
Legislator
Instances of harassment and violence include, but are not limited to assault, doxxing and bomb threats impacting physical and psychological safety of patients, their loved ones and health professionals, requiring increased security measures and exacerbating over access issues and the workload of legal health services.
- Chris Ward
Legislator
Further, concerns have risen about the health data privacy and the Controlled Substance Utilization and Evaluation System, or cures, which is California's Prescription Drug Monitoring Program or pdmp. For instance, these organizations with a history of hostility towards LGBTQ community Members are advocating for the use of PDMP to identify transgender patients with information then shared across state lines.
- Chris Ward
Legislator
Further, there's a national effort to place mifeprasone on the controlled substances list for the purposes of tracking. Louisiana is using PDMP data to track mifeprazone prescriptions as the state has passed law to reclassify mifeprazole and mifeprasone as controlled substances, similarly allowing for the tracking and sharing of individuals health data across state lines.
- Chris Ward
Legislator
So AB82 would provide several of the following protections. First, it would prohibit the reporting of testosterone and mifepristone to cures. Second, it expands the state's Safe at Home program to include health professionals who provide gender affirming care.
- Chris Ward
Legislator
Third, it expands the existing protections to mitigate the criminalization of families who are simply ensuring that their loved ones access the utmost necessary health care. And fourth, it expands the FACE act existing protections against the doxing of health professionals and patients to include those who provide or access gender affirming care services.
- Chris Ward
Legislator
It's imperative that we support the privacy and the safety of individuals and their families whose basic obligation is to ensure the utmost health for themselves and their loved ones, as well as the safety of health professionals whose basic obligation is to provide the necessary care for their patients as they were trained to do so.
- Chris Ward
Legislator
With me to speak in support of AB82 on behalf of our co sponsored are Mary Robbie with the alliance for Trans Youth Rights and Trans Family Support Services and Symphony Barbie, I believe with the Planned Parenthood Affiliates of California.
- Unidentified Speaker
Person
Hello everyone. My name is Mari. My pronouns are they them. I'm here with Trans Family Support Services in support of AB When I first sought transition related healthcare, I was nervous walking into the clinic. Nervous because I was about to come out to someone in a clinical setting.
- Unidentified Speaker
Person
Nervous because I was taking the first step toward the care I'd been dreaming of for years. Nervous because it marked such a big milestone in my transition. But even through the nerves, it was an incredibly euphoric experience for me.
- Unidentified Speaker
Person
I remember crying in my car after the appointment, not from fear, but from joy because for the first time I could see my entire future in front of me. Today, that same experience has become far more dangerous for many Trans people now.
- Unidentified Speaker
Person
The nerves aren't just about being seen by a Doctor during a crucial part of their journey. They're about being seen as a target. Some Trans people fear that they'll be harassed or physically threatened just walking into a clinic. Others worry that they'll be doxed online or have their name, photo or location posted without their consent.
- Unidentified Speaker
Person
Many are terrified that their care will be monitored, weaponized, and reported to anti Trans surveillance efforts. In our current political climate, these fears aren't just about accessing care. They're about being punished and dehumanized simply for existing. That fear should never be a baseline or a deterrent in our decision.
- Unidentified Speaker
Person
It shouldn't define our stories during a moment that's meant to be about reclaiming our bodies and building our features. Yet as Trans people, we're too often forced to weigh our personal life saving medical decisions against the threat of harassment, exposure, and direct retaliation.
- Unidentified Speaker
Person
We're asked to consider whether pursuing authenticity is worth the risk that comes with walking through the door. But health and safety should never be an either or. Trans people deserve access to health care that honors both our bodily autonomy and our right to safety.
- Unidentified Speaker
Person
Because no one should face the threat of being outed, tracked or villainized for seeking care. Our providers deserve to uphold their oath without fear that doing so will endanger their practice or their lives. And those traveling to California to seek care that their home states wrongfully deny deserve the protection that California promises.
- Unidentified Speaker
Person
AB82 offers us tangible support and peace of mind during our journeys, and in doing so it helps ensure that Trans futures are not only possible, but protected. For that reason, I urge your support. And the next witness.
- Symphoni Barbee
Person
Good afternoon, My name is Symphony Barbee here on behalf of Planned Parenthood Affiliates of California, representing seven Planned Parenthood affiliates providing sexual and reproductive health care to patients from every county through 115 community health centers and we are proud co sponsors of AB82.
- Symphoni Barbee
Person
AB82 protects the health data of patients receiving gender affirming care and extends California's landmark Safe at Home program to gender affirming care providers, ensuring they can keep personal information like home addresses confidential and public records and out of the hands of people who may want to harm them.
- Symphoni Barbee
Person
As Planned Parenthood, our affiliates are all too familiar with the dangerous anti abortion rhetoric and actions that threaten the safety of patients, staff and volunteers who seek services and who work at our health centers. The Safe at Home program was created over 25 years ago.
- Symphoni Barbee
Person
In response, it protects reproductive health care providers and others and it gives them comfort in knowing that publicly available documents and records do not disclose their home addresses.
- Symphoni Barbee
Person
Unfortunately, in speaking with our gender affirming care providers, they report the increasingly hostile rhetoric targeting TGI communities has put them at heightened risk and they now face many of the same security and safety concerns that abortion providers have faced for decades, including becoming targets of organized online harassment and threats of having their information widely dismantled, disseminated online by opposition groups for abortion providers who use Safe at Home.
- Symphoni Barbee
Person
They shared that the program gives them peace of mind for their safety and the safety of their loved ones. AB82 will provide the same sense of security to gender affirming care providers facing these threats. For these reasons, we respectfully ask for your aye vote. Thank you.
- Roger Niello
Legislator
Thank you. Other witnesses in support approach the microphone, name, organization and position.
- Linda Way
Person
Good afternoon. Linda Way with Western center on Law. And Poverty and support.
- Craig Pulsar
Person
Support Craig Pulsar on behalf of Equality. California and Alliance for Trans Youth Rights both co sponsors and strong support.
- Kelly Brooks
Person
Kelly. Brooks on behalf of the Santa Clara County Board of Supervisors here in support.
- Elise Sporth
Person
Sylvia Solis Shaw here on behalf of the City of West Hollywood in support thank you.
- Roger Niello
Legislator
Any other witnesses in support? Seeing none come forward. We'll move to the opposition. Primary witness and witnesses in opposition. Seeing none come forward. Any other witnesses in opposition and seeing none come forward. We'll bring it back to the Committee. Questions or comments? The Bill has been moved. No questions or comments. Please call the roll. zero, I'm sorry.
- Chris Ward
Legislator
Thank you. Mr. Chair. I just fundamentally, you know, this Bill comes for us because I think that we. I would hope that there was more widespread agreement that no one's privacy, private health data should be tracked and shared for others to target them, their family, or some of their healthcare providers.
- Chris Ward
Legislator
That parents and families should not be criminalized for ensuring their loved ones receive the health care they need, and no one should be threatened with violence and assaulting and providing legal health care that they were trained to provide. That is what this Bill is about. And with that, I respectfully request your aye vote now.
- Committee Secretary
Person
This is File item number 31, AB82. The motion is do pass as amended to Senate Appropriations. Umberg, Niello. Allen. Ottergheen. Ashby. Ashby. Aye. Caballero, Durazo. Durazo, Aye. Laird Stern. Valaderas, Wahab Weber, Pearson, Wiener. Two to zero.
- Roger Niello
Legislator
That bill will be on call. Thank you. And do we have another author in the audience? It appears not. The next author to show up gets a prize.
- Roger Niello
Legislator
The consent calendar will be on hold. And looking at my agenda, we've got.
- Roger Niello
Legislator
We have, and anybody correct me if I'm wrong on this. Item 22, AB451, and items 25 and 26: 498 and 1378 were pulled from consent. Those were both pulled from consent. And then another one pulled from consent. Item number 29, 1363. And 25...
- Roger Niello
Legislator
AB 498? That's been pulled? Okay, so we will not be hearing that, but we've still got item 26.
- Roger Niello
Legislator
Is that all we have? That's all we have to hear: 22, 29, and 30. Okay.
- Suzette Martinez Valladares
Legislator
Yeah. So can we - can we, yeah, just start on file item one.
- Roger Niello
Legislator
Okay, let's start taking votes. We will not waste any time here.
- Roger Niello
Legislator
Oh, we have an author. Ah, you've - you've interrupted our voting. How dare you. No. Come on up.
- Roger Niello
Legislator
So we are going to hear item 30, AB 1303. Is that correct? Yes, sir. Yes. You may proceed when ready.
- Jeremy Hinkson
Person
Thank you. Good afternoon, Mr. Chair and Senators. I am accepting the Committee amendments described in the analysis. Proud to say that AB 1303 is a Latino caucus priority Bill. This Bill aims to increase participation in the California Lifeline program by clarifying that a Social Security number is not needed to qualify.
- Jeremy Hinkson
Person
Additionally, the Bill seeks to protect program subscribers privacy by prohibiting that the PUC and administrators from sharing any personal information with federal immigration authorities without a valid court issue, warrant or subpoena. AB 1303 is centered on fairness, security and accessibility, ensuring Californians can stay connected without unnecessary hurdles or discrimination.
- Jeremy Hinkson
Person
California Lifeline is a critical telecommunications program providing discounted cell phone, home and Internet services to eligible households. While subscribers do not need a Social Security number to qualify for the California Lifeline program, the current application has deterred individuals from applying.
- Jeremy Hinkson
Person
Potential subscribers, such as those without a Social Security number, are fearful of government agencies using their personal information to harm them. Even so, in the light of the Cruel immigration raids, AB 1303 adds an additional layer of security to California Lifeline users so they can take advantage of an essential telecommunications program without fear or privacy concerns.
- Jeremy Hinkson
Person
With me to provide testimony is Adria Tynan, the Director of race Equity and Legislative Policy. Attorney, you may proceed.
- Suzette Martinez Valladares
Legislator
Thank you. Hello. Thank you. Committee. Adria Tinnan. Excuse me. Adria Tynan, Director of Race Equity and legislative policy with turn. In 2014, the CPUC issued a decision that the Social Security numbers are not needed to verify identities of applicants for California Lifeline.
- Suzette Martinez Valladares
Legislator
However, the Commission has not implemented this decision to date, meaning eligible people have not been able to access the program. Because Lifeline is funded through surcharges on California phone lines and uses no state dollars, it's likely that many otherwise eligible people have paid to Fund Lifeline but been prevented from enrolling in the program for which they've contributed.
- Suzette Martinez Valladares
Legislator
Furthermore, existing protections for subscriber information have exceptions that could leave customer data vulnerable to inappropriate access by federal immigration enforcement agencies. AB 1303 offers a thoughtful solution to these problems. First, it makes clear that Social Security numbers are not required for California Lifeline but still encouraged.
- Suzette Martinez Valladares
Legislator
Second, the Bill is crafted in such a way that it makes no changes to how the state interacts with the federal program. Applicants who have Social Security numbers and eligible income levels will still be able to enroll in federal Lifeline, so there will be no change in access to the federal subsidy money.
- Suzette Martinez Valladares
Legislator
Third, because there will be some applications with Social Security numbers and some without, the application presents a risk to those applying without a Social Security number. For that reason, the Bill protects subscriber data from inappropriate sharing with immigration enforcement by requiring agencies like Ayes to obtain a judiciary warrant or court subpoena.
- Suzette Martinez Valladares
Legislator
These protections apply to the CPUC, third party administrators, and any other parties involved in processing or verifying Lifeline eligibility and enrollment. Furthermore, the Bill expands privacy protections for all telephone customers in California by requiring written consent from the customer before any information is shared with anyone.
- Suzette Martinez Valladares
Legislator
This is particularly important as we see an increase in the number of people, including those with citizenship, detained by Ayes. Lastly, AB 1303 makes changes to California Lifeline compliant with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to the extent it applies, thus shielding the state from any potential lawsuits.
- Suzette Martinez Valladares
Legislator
AB 1303 enables a diversity of vulnerable populations to access essential communication services at an affordable rate. People fleeing domestic violence, people who are unhoused and victims of identity theft are all populations who are unable to share their Social Security number because they're not. Safe to do so.
- Suzette Martinez Valladares
Legislator
And for these reasons Editor we strongly urgent I vote thank you. Thanks.
- Roger Niello
Legislator
Other witnesses in support Seeing no support witness come forward with W Me zero, me too.
- Unidentified Speaker
Person
Behalf of Oakland Privacy and Media alliance and support Griselda Chavez with the Mesa Verde Group on behalf of the Central. American Resource center in support thank you.
- Andy Mason
Person
Andy Mason representing Clean Earth for Kids in support Also supporting North County Equity and Justice, Eco Sustainability, Peeps Interfaith Coalition. For Earth justice and Activists San Diego.
- Roger Niello
Legislator
Other witnesses in sports Seeing none come forward Witnesses in Oxford opposition Seeing none come forward Me too Witnesses in opposition Seeing none come forward Bring it back to the Committee Questions or comments Moved by Senator Ashby Seeing no other questions or comments Call the world zero, I keep on forgetting I'm trying to move this along.
- Jeremy Hinkson
Person
You may close Respectfully ask for a yes vote. Thank you Excellent.
- Committee Secretary
Person
This is File item number 30 AB 1303. The motion is do pass as amended to Senate Appropriations. Umberg. Niello.
- Committee Secretary
Person
Niello. No. Allen Arteguin. Ashby. Ashby, Aye. Caballero Turrazo. Turrazo. Aye. Laird Stern. Valaderas. Wahab. Weber. Pearson. Wiener. Two to one.
- Roger Niello
Legislator
That will go on call. And I see we have Assemblymember Stefani in the audience. You get a prize. You get to present before Petra Norris, fellow Italian caucus Member.
- Catherine Stefani
Legislator
Thank you. Do we just start? Just start now. Great. Thank you. Well, thank you, Mr. Chair. Thank you so much. I'd like to begin by thanking the chair and his staff for their work on this Bill. And I will be accepting the Committee amendments described in the analysis. So thank you very much for that.
- Catherine Stefani
Legislator
And today I'm presenting a Bill I wish I didn't have to. AB 1363, also known as Wyland's Law, is named in honor of Wylan Thomas Gomes, a 10 year old boy who was murdered by his father. Wyland's mom, Christy, did all the right things when she was going through a horrible divorce.
- Catherine Stefani
Legislator
In a messy custody battle, the systems in place meant to protect her son failed. And today you're going to hear from Christy, who has turned her pain into advocacy to close the deficiencies in the law that allowed Weilance to be taken from us. Our laws must not only exist, they must be enforced.
- Catherine Stefani
Legislator
And in this case, you'll hear from Christy. They were not. And when they're not, it's our responsibility to fix the systems that failed us. With me to speak in support of this measure is Christy Camara and Ethan Murray on behalf of Givert's.
- Christy Camara
Person
Hello, my name is Christy Camara and I'm here today as the mother of Wyland. He was my only child. Smart, funny, and like most 10 year olds, he loved video games and Harry Potter. He was so full of life. In 2020, his cowardly father murdered him and then took his own life.
- Christy Camara
Person
Four years earlier, the court issued a restraining order against Wylan's father, including a firearm prohibition. But that order, like two of three other orders, was not properly transmitted to the Department of Justice as required by family code section 6380. When he later applied for a gun, the Department of Justice had no record of the order.
- Christy Camara
Person
His background check was approved. Weiland died because the system failed to follow its own laws. This Bill will not bring Weiland back, but it will save lives. It will stop protective orders from falling into a black hole, and it will Save a mom, a family and a school full of children.
- Christy Camara
Person
The pain of grieving the loss of a little boy, like the community, has had to endure. Today, the Members of the California State Senate. You have the power to make sure another child doesn't die because the system dropped the ball. Please Vote yes on AB 1363. Vote yes for accountability, for transparency, and for Wyland. Thank you.
- Roger Niello
Legislator
We are all profoundly sorry to hear that story and it takes a great deal of courage to do this. So congratulations for you to turn that tragedy into something positive.
- Christy Camara
Person
Thank you for allowing me to be here and hearing my story. Thank you.
- Ethan Murray
Person
Sorry about that. Doing double duty. My name is Ethan Murray. I am a state policy attorney at Giffords and we are the proud sponsor of Wyland's law. California lawmakers have made various improvements to ensuring the safety of people in high risk violations over the last several years.
- Ethan Murray
Person
Giffords was proud to support SB599 by Senator Caballero, which expanded virtual visitation and made some changes to supervised visitation to protect families. That Bill was inspired in part by Wylan's case, which was one of several high profile shootings during the court order visitation that year. They returned to build on that progress.
- Ethan Murray
Person
Current law offers no way for a protected party to confirm if their order has been properly transmitted. Took Christie two years of litigation and eight public record requests to uncover the court's error.
- Ethan Murray
Person
Wylans law changes that requires superior courts to provide information proving the transmission of protective orders and enables Department of Justice to create a notification system for protective parties as they recommended in the 2024 Apps Report. This will allow people with protective orders in place to confirm they are active.
- Ethan Murray
Person
A similar system is already in place in Washington and Colorado and just passed a law establishing one earlier this year. And I want to take a quick moment to thank Committee and Committee staff for working with us to approve this Bill. We urge your aye vote on this vital legislation. Thank you. Thank you.
- Andy Mason
Person
Andy Mason representing Clean Earth for Kids. Also supporting North County Equity and Justice Ecosustainability Peeps Interfaith Coalition for Earth justice. And activist San Diego.
- Kelly Brooks
Person
Jamie Minor on behalf of my colleague from Brady, in support. Thank you. You made it.
- Roger Niello
Legislator
Other witnesses in sport Seeing none come forward. Are there any witnesses in opposition? Any MeToo witnesses in opposition? Seeing none come forward. Bring it back to the Committee. Questions or comments? Seeing none. We have a motion by Senator Durazzo and this time I'm remembering you may Close.
- Catherine Stefani
Legislator
Thank you, Senator. I want to thank Christy and Ethan for their testimony. It is just an honor and privilege to be able to work alongside them to help move this Bill forward.
- Catherine Stefani
Legislator
Weiland's Law ensures that courts and the Department of Justice maintain clear trackable records on protective orders and that families, survivors and law enforcement can confirm those orders were properly transmitted so that we don't have a tragedy like Christy just described to you. And I respectfully ask for an aye vote.
- Thomas Umberg
Legislator
Thank you. Please call the roll. Just a quick comment. Thank you. I sorry I wasn't here, but I appreciate you turning your pain into passion and helping others. Thank you very much.
- Committee Secretary
Person
This is File item number 29 AB 1363. The motion is do pass as amended to Senate Public Safety Umberg. Umberg, Aye. Niello. Niello, Aye. Allen Arteguin. Ashby. Ashby, Aye. Caballero. Durazo. Durazo, Aye. Laird. Stern. Valaderas. Valaderas, Aye. Wahab. Weber. Pearson. Wiener. 5 to 0.
- Thomas Umberg
Legislator
5 to 0. We're going to put that on call. Thank you. All right, I think one more. Have we heard everyone? Number 22, Assemblymember Petrie Norris. Chair Niello, you do good work. I'm going to leave again, so. All right. Okay. Summary. Member Petrie Norris.
- Linda Way
Person
Good afternoon. Thank you, Mr. Chair. Good afternoon, Members. Like the previous measure, I am pleased to present a Bill today, AB 451, which will improve the implementation of protective orders across the State of California by establishing standardized protocols. As we know, gun violence restraining and protective orders protect victims of domestic violence, stalking, workplace harassment and other threats.
- Linda Way
Person
But these orders are only as effective as their implementation. And in practice, the implementation can be uneven across the the state and often delayed with tragic consequences. This measure, AB 451, requires law enforcement agencies to adopt standardized policies for serving and enforcing gun violence restraining orders. The Bill will help protect communities from gun violence.
- Linda Way
Person
The bills received bipartisan support and thus far, no no votes. I'm pleased to be joined today by Ethan Murray, who is the California State policy lead for Giffords.
- Ethan Murray
Person
Just in the nick of time. Little comma. This time, too. Chair Umberg, Vice Chair Niello. Members of the Committee, thank you again for the opportunity to testify. My name is Ethan Murray and I'm here on behalf of Giffords, proud sponsor of AB451. California has the most robust array of protective orders in the country.
- Ethan Murray
Person
But how we use these tools still has some room for improvement. In 2022, the Legislature appropriated $40 million to support court based firearm relinquishment programs. These programs revealed improving times, Orange County being particular bright spot and reducing the time it takes for courts to get the receipt proving relinquishment to two weeks on average.
- Ethan Murray
Person
In LA, that number is around 50 days by statute for firearms are supposed to be turned in in 24 hours and then with another 24 hours for them to send a receipt to the court. For years Giffords has worked with the Legislature to reduce the time it takes for that to occur. In 2022.
- Ethan Murray
Person
We championed SB320 by Senator Eggman, strengthening domestic violence relinquishment by ensuring courts now provide clear information on how to relinquish firearms and ensuring that they follow up when it doesn't happen.
- Ethan Murray
Person
SB 899, passed last year by Senator Skinner and Blakespear, co authored by Assembly Member Petrie Norris, expanded those provisions to all restraining orders, establishing consistency across the board. AB451 is the next logical step.
- Ethan Murray
Person
Focusing on the time of service by law enforcement Bill developed with input from the Department of Justice and their support builds on best practices and observed problems within the restraining order space, delineates clear objectives for law enforcement at the time of service of restraining order and promotes consistency.
- Ethan Murray
Person
Crucially enables law enforcement to view restraining orders as the individual as individual tools in a broader toolbox of public safety. Giffords respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Others in support of AB451, please approach the microphone. Give us your if you're not a primary witness, your name, your Association and your position on the Bill.
- Nicole Redler
Person
My name is Cassandra Whetstone. I'm a volunteer with Moms Demand Action from Folsom.
- Amy Siropi
Person
My name is Amy Siropi and I'm. A volunteer with Moms Demand Action, also. In Folsom in support.
- Tammy Shaw
Person
Tammy Shaw, volunteer with Moms Demand Action, also from Folsom. In support.
- Shelly Hudson
Person
Shelly Hudson, volunteer from Folsom with Moms. Demand Action, retired forensic specialist and gun violence survivor.
- Katherine Squire
Person
Katherine Squire, on behalf of the California Commission on the Status of Women and Girls. In support.
- Karissa Ganapathy
Person
Karissa Ganapathy from Carmichael. I'm a volunteer with Moms Demand Action in support.
- Tammy Shaw
Person
Hi, I'm Julie Chapman from Carmichael and. I'm a volunteer with Moms Demand Action in support.
- Thomas Umberg
Legislator
Thank you. All right, anyone else in support of AB451, please approach the microphone. If you're opposed to AB451, now's your time. Please approach the microphone. Not seeing anyone. Approach. Thank you very much. Moms Demand Action from Carmichael and Folsom in particular. All right, questions by Committee Members.
- Unidentified Speaker
Person
No comments. I mean, no questions. Just thank you to the moms from. From Sacramento County. We appreciate you being here. Appropriate time. Move the Bill. Thank you to the author.
- Roger Niello
Legislator
All constituents of Senate District 6, thank you for being here.
- Thomas Umberg
Legislator
I beat you both to it. All right, so other questions or comments? I think Senator Ashby has moved the Bill. Would you like to close?
- Thomas Umberg
Legislator
Thank you very much. All right, before we take a vote here, I think. Committee Assistant Porter, is that the last Bill? All right. So I am now once again beseeching, begging, beckoning all Committee Members to appear in room 2100 so that we can finish today. So with that, I think you've closed? Yes. All right.
- Committee Secretary
Person
This is File item number 22 AB 451. The motion is do pass to Senate Appropriations. Umberg?
- Committee Secretary
Person
Niello. Aye. Allen? Arguing. Ashby. Aye. Ashby, Aye. Caballero Durazo. Aye. Durazo. Aye. Laird, Stern. Valaderas. Aye. Valaderas, Aye. Wahab, Weber. Pearson, Wiener. 5 to 050.
- Thomas Umberg
Legislator
Put that on call. Thank you very much. Thank you, Mr. Chair. So we are going to recess very briefly for one minute, and then I'm going to come back and we're going to decide when we're going to actually come back into more complete sessions. So let me.
- Thomas Umberg
Legislator
All right. Okay. Let's start at the top and go through. We're reconvened. Okay. All right.
- Thomas Umberg
Legislator
Yes. Consent calendar. Senator Durazo has moved the consent calendar.
- Thomas Umberg
Legislator
Good for me. All right. I didn't vote on it, though, so. Let's call it one more time
- Thomas Umberg
Legislator
One back on call. You voted no. Someone. Okay, let's do that. Someone said no, so let's make sure we've got it correct. Okay. Committee, assistant support. Let's call the roll one more time.
- Thomas Umberg
Legislator
Okay, so what we're going to do is I'm going to ask the sergeants, I'm going to basically pause here for a second, go and recess for just one minute, find out the status of the other Members, and then we'll depend upon that come back.
- Thomas Umberg
Legislator
11-0. It's on call. Okay. And that's it for this round. Senator Stern, I am told, is in natural resources and will be here shortly, so we'll recess here for a few moments.
- Thomas Umberg
Legislator
SA. So Committee ... , call the roll, beginning with the last item or the next item after the last item Senator Allen voted upon. Okay.
- Thomas Umberg
Legislator
Done. All right. We're adjourned till 9:30 on July 15th. Thank you very much.
No Bills Identified