Senate Standing Committee on Judiciary
- Thomas Umberg
Legislator
All right. Thank you. Senate Judiciary Committee will come to order. Good morning. We're holding this committee hearing in Room 2100 of the O Street Building. I ask that all members of the committee present themselves in Room 2100 so we can establish a quorum. I wanna note that File Item Number 67: AB 1406 by Assembly Member Ward has been pulled. There are now 70-- there are only 73 measures on our agenda today, 13 of which-- actually we-- we're down from over 80, 13 of which are on the Consent Calendar, which I will read now.
- Thomas Umberg
Legislator
The following bills are on the Consent Calendar: File Item Number 15: AB 1749 by Assembly Member Dixon, File Item Number 18: AB 1939 by Assembly Member Flora, File Item Number 19: AB 395 by Assembly Member Gabriel with amendments, File Item Number 22: AB 2596 by Assembly Member Gipson, File Item Number 27: AB 1278 by Assembly Member Harabedian.
- Thomas Umberg
Legislator
File Item Number 31: AB 2174 by Assembly Member Johnson, File Item Number 32: AB 2280 by Assembly Member Johnson with amendments, File Item Number 34: AB 1845 by Assembly Member Krell, File Item Number 36: AB 2598 by Assembly Member Krell, File Item Number 55: AB 1784 by Assembly Member Pellerin, File Item Number 57: AB 2785 by Assembly Elections Committee, File Item Number 64: AB 1956 by Assembly Member Valencia. Finally, File Item Number 72: AB 2788 by Assembly Member--excuse me--by the Assembly Transportation Committee. All right. So, we're going to proceed today just as we have in the past.
- Thomas Umberg
Legislator
We're going to first call upon the author, then the proponents of a bill will testify. Each primary witness will be allotted two minutes, so in other words, two witnesses with two minutes each on the support side. The same goes to the opposition side: two witnesses with two minutes each. After the support side testifies, those who are in support may come up and offer what we call MeToo testimony, giving us their name, their affiliation, and their position on the bill.
- Thomas Umberg
Legislator
After that, we'll do the opposition. Same thing. After opposition, MeToo testimony--name and your affiliation and your position on the bill. Today, we will break at noon for our respective caucuses and resume at 1:30. And of course, we'll go as late as it takes to finish up all the bills that are currently on calendar.
- Thomas Umberg
Legislator
We are going in file order, and I see Assembly Member Addis here. And I see there's one other Assembly Member here who will go immediately after Assembly Member Addis if no one shows up who precedes that person in file order. So, Assembly Member Addis, you have AB 2393. We're going to go ahead and proceed as a subcommittee. If you would like, the floor is yours.
- Dawn Addis
Legislator
Thank you so much, Mr. Chairman. I'm gonna tighten up my remarks, given your incredibly lengthy agenda today. So, I'm here to present AB 2393 that would provide a clear path for victims of false arrest or imprisonment to obtain justice for the harm they suffered by establishing fixed statutory damages for specific harmful actions.
- Dawn Addis
Legislator
And we have seen numerous cases across our nation where people have been erroneously detained or arrested, falsely detained or arrested, and so this bill would provide accountability for those actions, discourage illegal behavior, and ensure victims have a true path to justice by allowing the prevailing plaintiff in a lawsuit for false arrest or imprisonment to choose a set payment when there's certain aggravating actions, including wearing a face covering.
- Dawn Addis
Legislator
So this is by the perpetrator--wearing a face covering, using restraints, forcibly transporting, or brandishing a firearm. We had a couple witnesses. I'm not sure if they're here in the room. They were having trouble getting in the building. And with that, I'll respectfully ask your aye vote when the time is right.
- Thomas Umberg
Legislator
Thank you very much. I think you have one witness here. Yes. The microphone is yours.
- Catalina Sanchez
Person
Good morning, Chair and members. Catalina Sanchez with the California Rural Legal Assistance Foundation. For over 40 years, the Sierra Leone Foundation has advocated for farmworkers, low-wage workers, and mixed-status families. We provide high-quality legal assistance and outreach services on constitutional rights, family emergency planning, the naturalization process, and worker rights and workplace safety. Last year, the Department of Homeland Security's Office for Civil Rights and Civil Liberties was eliminated.
- Catalina Sanchez
Person
This office was responsible for investigating violations of constitutional rights of both immigrants and U.S. citizens. With the office closure, there were 550 pending complaints. Also last year, the U.S. Supreme Court ruled that someone can be stopped and questioned solely on their race or ethnicity or for simply speaking Spanish or a non-English language to establish reasonable suspicion that someone, whether a U.S. citizen or an undocumented individual, may be breaking immigration law.
- Catalina Sanchez
Person
Over the last year, locations are growing where people are being wrongfully detained by federal agents. Add to the equation the coercive and intimidation tactics that are being utilized by federal agents acting outside of the law or by those impersonating law enforcement. This includes, as the Assembly Member said, wearing face coverings to conceal their identity, brandishing a weapon, or forcefully transporting a victim.
- Catalina Sanchez
Person
A bystander may or may not have filmed the incident, and even when there is clear evidence of false imprisonment, there are limited civil or criminal pathways towards accountability. The traumatizing circumstances make it extremely difficult for people to seek court justice for this harm. AB 2393 will be one step towards accountability, and we urge your support. Thank you.
- Thomas Umberg
Legislator
Thank you. Next witness, AB 2393. If you're in support of AB 2393, please approach the microphone.
- Ashley Walker
Person
Thank you, Chair and members. Ashley Walker with Nossaman, on behalf of the Monterey County Board of Supervisors, in support.
- Thomas Umberg
Legislator
Thank you very much. All right. Others in support, please approach the microphone. Going once, going twice. If you're opposed to AB 2393, please come forward. If you're opposed, please come forward. Seeing no one coming forward, I'm gonna bring it back to committee for questions by committee members. Questions by committee members? Seeing no questions, I assume there'll be a motion at the appropriate time. And Assembly Member Addis, we've had conversation.
- Thomas Umberg
Legislator
One of the things we focus on is making sure the Ninth Circuit is not bored, making sure that they have plenty of work to do. I expect that this will be tested at the Ninth Circuit, and a couple years from now, you're gonna let me know how it goes, I hope.
- Dawn Addis
Legislator
Absolutely. We expect to prevail should we get there, but we'll absolutely keep you in the loop.
- Thomas Umberg
Legislator
Thank you. All right. Assembly Member Caloza. Assembly Member Caloza. And for those of you in the audience here or those of you watching online, today is perhaps the busiest day in the California State Senate. I have eight bills I have to present over in the Assembly, and starting right now, so I'm gonna turn over to the Vice Chair, and we'll be back, I hope, shortly. So.
- Jessica Caloza
Legislator
Thank you, Mister Chair. Hi, vice Chair. Good morning, members. I appreciate the opportunity to present AB 2050, the HOA Rainy Day Fund. I'd like to thank the committee consultant for all his hard work on this bill.
- Jessica Caloza
Legislator
AB 2050 is a measured and thoughtful proposal aimed at promoting fairness and transparency in for California residents living in common interest developments. Today, more than 13,000,000 Californians live in 55,000 common interest developments, better known as HOAs. Condominiums continue to be an affordable option for many first time homebuyers. While we focus a considerable amount of the time in the legislature on new housing, and rightfully so, we also cannot forget about our existing housing stock and how it's aging.
- Jessica Caloza
Legislator
More than 50% of condominium associations in California are 20 years or older.
- Jessica Caloza
Legislator
In my district alone, 70% of associations are more than 20 years old and 73% are condominiums, meaning many communities are managing aging buildings that require significant long term maintenance. Deferred maintenance can also create serious safety risks. Recent building failures across the country highlight the dangers of inadequate reserve funding and the importance of responsible long term planning. Also, many lenders are now refusing to write mortgages for condominiums if associations have underfunded reserves.
- Jessica Caloza
Legislator
Fannie Mae and Freddie Mac require an association to have a minimum of 10% in reserves and will increase that level to 15% starting in 2027.
- Jessica Caloza
Legislator
Additionally, for a veteran to use a VA loan in an HOA, the HOA has to prove its financial stability. If the HOA reserve fund isn't fully funded, then the VA will not authorize the loan. Current law requires associations to conduct reserve studies every three years to assess the cost of maintenance, repair, and replacement of major components like roofs, elevators, balconies, and other structural elements.
- Jessica Caloza
Legislator
However, there is no requirement to reserve to to fund these reserves, which means that many associations are not prepared to address these issues when they do happen. The absence of a required formula to fund reserves penalizes homeowners because the only remaining option is to address these maintenance issues is through a special assessment, which is neither fair nor affordable.
- Jessica Caloza
Legislator
Additionally, current law strengthens protections for HOA reserve funds by requiring dual authorization for withdrawals, and ensuring reserves are used only for their intended purpose, major repairs, maintenance, and related litigation. Any funds withdrawn must be paid back within a year. It also increases transparency by requiring homeowner notification and regular accounting when reserve funds are used for litigation related expenses, helping homeowners better understand how their association's funds are being managed.
- Jessica Caloza
Legislator
AB 2,050 provides associations with a formula to achieve a sustainable level of funding and reserves and provides a ramp up of six years to help them get there. Lastly, I'd also like to thank the Consumer Federation and the Center for California Homeowner Association Law for sending my office amendments late last night.
- Jessica Caloza
Legislator
My team is reviewing them and look forward to having more conversations throughout this process. With me today to testify in support is Stacy Donnelly, Chair of the Community Associations Institute Legislative Action Committee, an expert in the field, and if he has, been able to escape his other, witness testimony in another committee, Louis Brown, for the Community Associations Institute is my second witness.
- Roger Niello
Legislator
The primary witness, come forward to the microphone. You may proceed. You may have two minutes.
- Stacy Donnelly
Person
Good morning, Mister vice Chair, members of the committee. I am Stacy Donnelly. Professionally, I am the is this okay?
- Stacy Donnelly
Person
CFO of Condominium Financial Management located in Walnut Creek. We are sponsors of AB 2050 and wanna thank Assemblymember Colozer for authoring this bill. I want to reiterate the very important point that was made. Reserve studies are required currently in civil code to be conducted every three years. The missing requirement is to fund according to that study.
- Stacy Donnelly
Person
AB 20 fixes that by providing stable and gradual planned reserve funding over thirty years. Adequate funding helps protect affordability by spreading the cost of ownership equitably and avoiding avoiding disruptive and costly special assessments. I did an analysis of my client database, which is a 157 associations. 32 of them or 20% had special assessments in the last year. That represents 2,648 homes, and if you extrapolate that over California as a whole, we're looking at 2,600,000 homeowners that were surprised by special assessments in one year.
- Stacy Donnelly
Person
A couple of actual examples in real time, just this month alone, I have a 792 unit condo complex in Walnut Creek that just passed an emergency special assessment for $6,000,000 for balconies. That equates to about $7,600 per owner. Another one that we are setting up this month is a 12 unit condo in Oakland. They passed 900,000 special assessment, which is
- Stacy Donnelly
Person
Insurance is another consideration. Assembly member Colosa brought up mortgages, very important. Insurance is also important. They look at deferred maintenance and inadequate inadequate funding as measures for premiums and rate increases. We need a solution for the sustainability of this housing model.
- Stacy Donnelly
Person
AB 2050 fixes that. It provides for that with the funding six year ramp up and thirty year equitable funding plan. With that, I respectfully ask for your aye vote. Thank you.
- Roger Niello
Legislator
Perfect. Thank you very much. And, Mister Brown is here. No. A stand
- Unidentified Speaker 010
Senator Carlos Gutierrez here on behalf of Louis Brown who was actually stuck in the other committee. I'd like to thank the author for authoring this bill and of course to the committee staff and to the to the to the Chair for their work on this and ask for high vote when appropriate. Thank you.
- Roger Niello
Legislator
Okay. Do we have others in the audience in favor of the bill to state your name, organization, and position? Seeing none come forward, yes.
- Marco Aguilar
Person
My name is Marco Aguilar. I'm the executive director of a nonprofit and Assembly member of Carlos' district. We represent 12 acres of land that have been rematriated and reclaimed for the Gabrielino Shoshone Nation. And the total 12 acres are land that were left over from the city redevelopment agency of Los Angeles' development of about six condos that are now managed by HOAs. And I'll tell you that in our experience, we've seen that those condos are
- Roger Niello
Legislator
Please interrupt you for a moment. I'm allowing him to be a second primary at this point since Mister Brown isn't here. So, you know, otherwise, this would just be me too.
- Marco Aguilar
Person
This I'm speaking in favor of AB 2015. Yeah. Yeah. And so we've seen them occupied by tenants and not by homeowners. So I think requiring the HOAs to have this reserve fund will address some of the long standing and long long long concerns issues that need to be taken care of over a long period of time.
- Roger Niello
Legislator
Thank you very much. Now, on to Me Too witnesses in favor and seeing none come forward. Is are you in favor? Yes. Name, organization, and position?
- Laura Galvin
Person
Laura Galvin. I'm the Chair of the Southern Hill Nissan, and I'm in favor of the bll.
- Roger Niello
Legislator
Okay. Thank you. Any others? And seeing none come forward. Now, onto the, opposition.
- Christopher Sanchez
Person
Good morning, Mister Chair members. Christopher Sanchez on behalf of the Consumer Federation of California. Respectful opposition. Thank the author for working with us and, reviewing our amendments. We look forward to continue to do so.
- Christopher Sanchez
Person
We have concerns about the, mass the increases, the massive HOA increases that would have detrimental impacts to folks, who are in these houses. Thank you, sir.
- Roger Niello
Legislator
Okay. Any other primary witnesses opposed? Now to the Me Too witnesses opposed. Others that are opposed to state your name, organization, and position on the bill, seeing none come forward. We will bring it back to the committee, such as it exists right now.
- John Laird
Legislator
Senator Laird. The one member would like to say something. When I was in the Assembly, I did a series of bills that are on point. The bill that requires annual reports so that each HOA knows what's there because as you said half of them are over 40 years old and deferred maintenance is the center of what they do.
- John Laird
Legislator
Additionally, there was this horrible practice that went on because there was some discussion of special assessments and there was this practice that special assessments were only applied to the newest members in a condo complex even though it was a complex wide obligation.
- John Laird
Legislator
And I did legislation to make sure that those special assessments were applied equally to all members, not just the newest ones because it was a a property wide thing. The I live in a condo complex a block away. I did have a flood in my condo last November. Senator Skinner who lived over me had a balcony that leaked into hers. The condo complex had to have enough money to be able to repair what was the result of common stuff.
- John Laird
Legislator
And I think that's what this bill does is make sure. And I think the opposition witness says, oh, this will fall on the, the owners. Well, it's a question of what falls on the owners. The fact that there's these massive jobs with no no money to pay or adequate funding into the reserves to make sure that that they can be covered. That's what this bill does.
- John Laird
Legislator
And at about 04:00 when we finally get a quorum, I will intend to move the bill. Thank you.
- Roger Niello
Legislator
Well, when we have a quorum, we will have a motion and a vote. In the meantime, you may close.
- Jessica Caloza
Legislator
Thank you so much, vice Chair. Thank you so much, Senator Laird, for your work. Look forward to working with you on this and learning more about some of the work that you've done around HOA so that we can ensure that we we protect them and plan properly for future reserve funding. So respectfully ask for your aye vote. Thank you.
- Roger Niello
Legislator
Thank you. Now, next, Assemblyman Arons has, two bills. In what order would you like to present them?
- Patrick Ahrens
Legislator
Thank you so much. When employees discuss workplace matters, such as a discipline or grievances with their union representatives, they often believe that these conversations are confidential. However, current state law does not explicitly prohibit employers from compelling employees or their union representatives to disclose what they discussed. 1564 makes communication between an employee and their union representative confidential, which is essential to fostering trust, ensuring effective representation. With me today is Randy Perry from PORAC and David Mastagni Jr., legal counsel with PORAC.
- David Mastagni
Person
Good morning. David Mastagni, on behalf of PORAC. AB 1564 is a modest, balanced measure that codifies longstanding PERB precedent and making it an unfair labor practice for a public employer to question or compel disclosure of confidential communications between employees and their union representatives on matters within the scope of representation. Critics have suggested this creates a privilege or hinders investigations. It does neither.
- David Mastagni
Person
It's not an evidentiary privilege under the Evidence Code. It applies only to public employers and is enforceable solely through PERB. It expressly exempts criminal investigations and does not supersede POBR protections under 3303 and limitations. Employers remain free to question any recipient witness about the facts of an incident, including union representatives. The bill protects only secondhand representational discussions that have no legitimate evidentiary value and serve only to chill protected activity and invade the representation relationship.
- David Mastagni
Person
School administrators have claimed that this bill will hinder AB 218 investigations. This is also not true. AB 218 extends time for childhood sexual assault victims to sue. It doesn't mandate investigation tactics. Schools can question any witness about firsthand knowledge of an assault, ensuring that they can still conduct a robust investigation.
- David Mastagni
Person
This bill only protects representation-related communications, like pre-interview advice, which lacks evidentiary value. Compelling union reps to disclose this type of secondhand information unlawfully commandeers them and impeaches-- to impeach their members and chill communications between members and their representatives. And the last point that I wanna make is, there's also been claims that this will have significant additional costs. That's also not true. As I said before, all this bill does is codify existing PERB case law.
- David Mastagni
Person
If anything, it will reduce costs by clearly identifying the law so that disputes can be avoided or resolved at an early stage and not go to an unfair labor practice. It won't require any changing of handbooks or training or anything.
- Roger Niello
Legislator
We will move to MeToo testimony. Those here in favor of the bill: name, organization, and position.
- Sara Flocks
Person
Mr. Chair and member, Sara Flocks, California Federation of Labor Unions, in support. Thank you.
- Roger Niello
Legislator
And seeing no one other-- no others come forward, moving to the opposition. Do we have primary witnesses opposed? You may have two minutes.
- Sarah Dukett
Person
Good morning. Sarah Dukett, on behalf of the Rural County Representatives of California. We respectfully ask for a no vote on AB 1564. First, although the bill states that it's intended to be consistent with and not in conflict with William S. Hart Union High School District, the bill's restrictions go well beyond that decision.
- Sarah Dukett
Person
The bill will forego the circumstantial analysis and balancing tests weighing the employees' and employers' interests and would categorically prohibits certain lines of questioning, exceeding the scope of that decision. AB 1564 replaces that balanced approach with a broad statutory prohibition on questioning of the same flexibility PERB currently has. The need for this change has not been established. There's no evidence that PERB is not appropriately protecting employee interests in regard to employer questioning.
- Sarah Dukett
Person
Second, by preventing employer questioning of certain individuals with potentially relevant information, the bill will still function like a privilege in some context. For example, in two-party litigation between an employer and an employee, if an employer is prohibited by AB 1564 from requesting a court to compel certain testimony, that testimony may effectively be off limits to discovery, which is similar result to a privilege. However, unlike privileges in professional context, such as client and physician-patient, this bill does not contain safeguards. There's no third-party regulator like the California Bar or California Medical Association.
- Sarah Dukett
Person
And there's no provisions for addressing conflict of interest and duties to multiple members of the bargaining unit, which are acutely concerning in the context where a union agent may receive information where two employees are adverse to each other and an employer has an obligation to investigate, like in a workplace violence prevention situation.
- Sarah Dukett
Person
And unlike previous versions of the bill, like AB 2421, this bill does not contain an exception for circumstances where the representative was a witness or party to any of the events forming the basis of a potential administrative, disciplinary, or criminal investigation. Third, which will be covered by my colleague, regardless of whether the bill's provisions are characterized as a privilege or not, it will function to interfere with employers' investigation where relevant information may be shared with an employee representative. For these reasons, we ask for your no vote today.
- Dorothy Johnson
Person
Good morning, Mr. Chair and members. Dorothy Johnson of the Association of California School Administrators, echoing my colleague from the Rural Counties. Just wanna double down on our concerns that an employer may be contradicting what this law would require and not even know it.
- Dorothy Johnson
Person
Furthermore, this is consistent with our opposition on prior iterations of the bill that have come before this body, and we agree wholeheartedly with the prior veto message on a similar bill that says: this bill would compromise the ability of employers to conduct investigations into workplace safety, harassment, and other allegations stemming at the worksite. Just wanna double down and stress how important it is to have information for our administrative investigations that lead to criminal investigations often. And for these reasons, we respectfully ask for your no vote when the time comes. Thank you.
- Roger Niello
Legislator
Thank you. Now, others that are opposed, state your name, organization, and position.
- Lucy Carter
Person
Lucy Salcido Carter with the Alameda County Office of Education in respectful opposition.
- Ethan Nagler
Person
Ethan Nagler, on behalf of the California Association of Recreation and Park Districts and the city of San Marcos, in respectful opposition.
- Joshua Gauger
Person
Josh Gauger, on behalf of the Urban Counties of California, in opposition.
- Dorothy Johnson
Person
Dorothy Johnson, on behalf of my colleagues with the California Special Districts Association and the California Association of School Business Officials, in respectful opposition.
- Eric Lawyer
Person
Eric Lawyer, on behalf of the California State Association of Counties, in respectful opposition. Thank you.
- Dylan Hoffman
Person
Good morning. Dylan Hoffman, on behalf of Public Risk Innovation, Solutions, and Management, also known as PRISM, in opposition.
- Johnnie Pina
Person
Johnnie Pina with the League of California Cities, in respectful opposition. Thank you.
- Connor Gusman
Person
Good morning, Chair and senators. Connor Gusman, on behalf of Teamsters California. Apologies. In support. Just missed the--
- Ben Golombek
Person
Ben Golombek with the California Chamber of Commerce in opposition.
- Roger Niello
Legislator
Others in opposition? Seeing none come forward, we will bring it back to the committee. Any questions or comments? When we achieve a quorum, which Senator Laird said it'll be somewhere around 4:00--I'm betting on midnight--but in any case, when we do, we'll have a motion and--
- Patrick Ahrens
Legislator
I respectfully ask for your aye vote at the appropriate time.
- Patrick Ahrens
Legislator
Twenty two thirty one is a judicial streamlining bill. It's a critical two hospitals in the Bay Area and the heart of Silicon Valley in my district that is critically needed with me today is Joe Gregorich from Sutter Health to, be my primary witness. Thank you, Mister Chair.
- Joseph Gregorich
Person
Good morning, Chair and members. Joe Gregorich of Sutter Health here in member, here in support of AB 2231.
- Joseph Gregorich
Person
As the Assembly member stated, this is a a critical bill for us at Sutter Health, and we believe it's gonna help us build two generational hospital projects in the Bay Area, one in Emeryville, which will replace our Alta Bates Ashley campus that is, going to be required to cease operations in two thousand and thirty due to seismic standards, and then a net new hospital in Santa Clara in the Assemblymember's District, which will, be one of our our new flagship hospital in the South Bay, and will also serve to, create our teaching a hospital for our new medical school that we announced with Santa Clara University.
- Joseph Gregorich
Person
What this bill does is it creates a two seventy two hundred and seventy day streamlining for any litigation that's filed against those two projects, and and we believe this would help us, drastically, complete the projects on on time, on budget, and start serving our patients as soon as possible. So with that, we urge your aye vote.
- Roger Niello
Legislator
Thank you. Any other primary witnesses or is is that your only primary witness? That's my only one. So others in the room that are in support, come forward to the microphone, state your name, organization, and position.
- Ben Golombek
Person
Ben Golombek on behalf of the California Chamber of Commerce in support. Others in support? John McHale on behalf of Contra Costa County here in support. Thank you. And seeing no others, coming forward, move to the opposition.
- Richard Marcuson
Person
Good morning, senators. Richard Marcison on behalf of the Western Electrical Contractors Association. So WECA supports hospital construction and supports reasonable CEQA reform. What WECA opposes is using a CEQA bill to take away workers' legal rights. Current law allows workers who are underpaid the minimum wage to seek help from the labor commissioner or to pursue remedies provided by statute.
- Richard Marcuson
Person
AB 2231 says that if a project is covered by a project labor agreement, those rights disappear. Workers are forced into private arbitration. The labor commissioner, in fact, is prohibited from enforcing wage and hour laws. Administrative complaints are barred, civil actions are barred, and even statutory remedies that are provided in the labor code against surety bonds are limited.
- Richard Marcuson
Person
Now if the legislature believes that these are the right labor policies that replace state protection for injured workers should be pursued and be replaced by private arbitration, that should apply to every construction project in California, not just those that are protected a project labor agreement.
- Richard Marcuson
Person
Workers should not have fewer legal remedies simply because their employer, or in this case, the client, insists that the employer sign a particular labor agreement. The committee has long protected access to legal remedies and consistent enforcement of California law. AB 2231 moves in the opposite direction. And for those reasons, we can is opposed. Thank you very much.
- Roger Niello
Legislator
Thank you. Any other primary witness opposed? So the rest of the audience that might be opposed come to the microphone, state your name, organization, and position, and seeing no one come forward, bring it back to the committee. Senator Laird? Nothing?
- Roger Niello
Legislator
Well, again, when we get the quorum, there'll be a motion, I'm sure. You may close. Thank you, Senator. Well, we used to build things in the in this country. And I'm hoping during my tenure that we can get back to that so we can deliver for the people of California. And with that, I respectfully ask for your aye vote. Thank you very much.
- Roger Niello
Legislator
Assembly member Dixon? No. We Avala Frias is here. But assuming some others don't show up, Assemblymember Dixon, you'll be next on deck, they say. So you are presenting 2689.
- Anamarie Farias
Legislator
Thank you. Thank you, Chair and members. I'm pleased to present AB 2689. Millions of Californians struggle to find affordable housing. However, the demand far outweighs the supply.
- Anamarie Farias
Legislator
According to the California Housing Partnership, low income housing households afford the average rent, in 18 California counties, while extremely low income households can't afford the average rent of any county. To make matters worse, low vacancies often force families to wait months and even years before the state subsidized units are available for them. Current law does not provide transition for tenants in state subsidized units who begin to earn significantly more than their annual income.
- Anamarie Farias
Legislator
AB 2689 would establish a good cause for non renewal for households whose incomes exceed a 140% of the area medium income or at least two consecutive years. The bill also codifies requirements for managers to give ample notice to tenants of their income status and notice of non renewal.
- Anamarie Farias
Legislator
In order to protect against tenant displacement, over income tenants would only have their leases non renewal if they could afford a fair market rate unit in the residing county or zip code. To be clear, this bill does not require affordable housing managers to transition over income tenants. It only provides a dignified metrics if they choose to do so. Nothing in this bill would require to for them to do so.
- Anamarie Farias
Legislator
Overall, this bill looks to ensure that the deed restricted units are made available to low income tenants without displacing over income individuals in high cost markets.
- Anamarie Farias
Legislator
This bill has received a bipartisan support, and I respectfully ask for your aye vote.
- Roger Niello
Legislator
No. Are there any are there, witnesses here in support of the bill that would like to express your support, name organization and position, seeing none come forward? Move to the opposition. Do we have principal witnesses opposed to this bill, seeing none come forward? I've asked for others who are opposed to the bill, come to the microphone, and I see none.
- Roger Niello
Legislator
Bring it back to the committee. Senator Laird, again, waiting for a quorum, at which time I'm sure there'll be a motion and a vote. In the meantime, you may close.
- Roger Niello
Legislator
Excellent. Close. And now, since no one else ah, family member Banta.
- Roger Niello
Legislator
Excellent. Close. And now, since no one else ah, family member Banta.
- Mia Bonta
Legislator
Chair, I'm here on behalf of the beautiful people of Oakland, Alameda, and Emeryville to present AB 801, the California Fair Lending Examination Act. I want to start by thanking the Committee for working with my staff to accomplish our shared goals, and I'm happy to accept the Committee amendments.
- Mia Bonta
Legislator
AB 801 requires the Department of Financial Protection and Innovation to regularly examine every lender under its jurisdiction state chartered banks, credit unions, and independent mortgage companies for compliance with fair lending laws, so that a recent federal retreat from consumer protection laws does not translate into reduced accountability for California's lenders, particularly for communities of color who continue to face documented disparities in access to credit. Homeownership is the primary vehicle for intergenerational wealth in this country.
- Mia Bonta
Legislator
Californian's communities of color have been systematically cut out of it, first by law, then by lending practices that persisted long after the law changed.
- Mia Bonta
Legislator
The California Task Force for Study and Develop and Develop Reparation Proposals has called on the list this legislature to take structural action to address the continuing economic harm of housing discrimination. This is part of that response. Since 2015, black and Latino borrowers have received conventional mortgage loan originations at roughly half the rate of white borrowers in California. No meaningful improvement year over year. The homeownership gap between black and white Americans today is approximately what it was before the Fair Housing Act passed in 1968.
- Mia Bonta
Legislator
Federal enforcement has collapsed. In April of this year, the Consumer Financial Protection Bureau finalized a rewrite of Regulation B that narrows and reduces accountability from the Equal Credit Opportunity Act for lenders. At HUD, the Office of Fair Housing and Equal Opportunity ejected 65% of its staff and will be down to six Fair Housing lawyers by fall. DOJ dropped pending prosecutions of all pending redlining lawsuits. The CFPB has foregone 22 enforcement actions, including a $2,000,000,000 case against Capital One, representing over $3,500,000,000 in alleged consumer harm.
- Mia Bonta
Legislator
While federal oversight previously covered these fair lending obligations under this administration, it clearly no longer does. The agencies doing that work has been, work has been systematically dismantled. The argument that federal oversight is sufficient is an argument about a system that no longer exists. The state charter exists precisely so that California can state set standards that reflect our values and the needs of our communities, not simply track whatever the Federal Government does or doesn't do.
- Mia Bonta
Legislator
Deferring to federal oversight as the ceiling or of our ambition would mean letting the administration decide California's lending policy.
- Mia Bonta
Legislator
That is not a choice that this legislature has to make, and it is not one we should. California retains independent authority but state authority without an examination mechanism is authority we cannot exercise. Right now, GFPI has no obligation to conduct fair lending examinations on any schedule. That matters because of who dominates this market. Independentmortgageecom mortgage companies now originate the vast majority of government backed home loans in California, the loans that go disproportionately to borrowers of color.
- Mia Bonta
Legislator
A Bloomberg news analysis of 38,000,000 mortgages found that controlling for income, loan size, and credit worthiness, non bank borrowers paid roughly $300 more in upfront fees than comparable bank borrowers, with black borrowers paying a $150 more and Latino borrowers $230 more than comparable white borrowers. Those disparities were wild widest in California. AB 801 closes the structural gap by codifying an examination cycle. The bill is carefully designed to minimize burden on compliant institutions. Findings are confidential, consistent with federal supervisory practice.
- Mia Bonta
Legislator
Costs are borne by the institutions, not the public. With our amendments, should this bill advance today, I'm com committed to narrowing this bill to solely mortgage loans to tackle ensuring fair access to the American dream, as well as aligning examination timelines to ease burdens for institutions covered under this bill. I wanna thank the opposition for working so diligently with my team and look forward to continuing to collaborate with them, our departments, and committee to achieve our shared goal.
- Mia Bonta
Legislator
With me to testify is Max Vargas, president and CEO of Greenlining Institute.
- Max Vargas
Person
Thank you. Assemblymember Bonta, vice Chair and, committee member. My name is Max Vargas, CEO of the Greenlining Institute, where for over thirty years, we've been focused on combating the impacts of racist redlining practices, both past and present, and their lasting impacts. And for decades, Greenlining has analyzed Home Mortgage Disclosure Act data that consistently shows communities of color access homeownership at lower rates than white borrowers. And when they do, they end up paying significantly more to become homeowners.
- Max Vargas
Person
In fact, an analysis of 37,000,000 mortgage applications submitted between 2018 and 2024 showed that black borrowers were especially hard hit and were 78% more likely than white borrowers to be denied at the final underwriting stage. Now this is all occurring at the same time the Federal Government is rapidly gutting fair lending, enforcement, leaving California borrowers unprotected and vulnerable.
- Max Vargas
Person
For reference, in the last five years, DOJ has won back tens of millions for black and Latino families who are facing mortgage discrimination right here in California, but now that federal oversight is gone. Advocates and communities know that unequal outcomes don't happen by accident, and when a lending practice consistently locks specific groups of people out of opportunity, California has a responsibility to act. The need for AB 801 is urgent.
- Max Vargas
Person
I would like to affirm that this bill, does not create a substantive obligation for a new substantive obligation for lenders. It aligns examinations with current cycles for lenders and gives commissioner the commissioner authority to exempt from examination or examine less frequently licensees that demonstrate full compliance with nondiscrimination laws. In short, it ensures that existing fair lending laws are actually examined. Without an examination structure, California's fair lending protections exist on paper, but not in practice.
- Max Vargas
Person
Our families in California are already facing rising costs, growing financial instability, and fewer pathways to building wealth.
- Max Vargas
Person
This is on top of federal deregulatory efforts. If California does not act, these gaps will grow and deepen. For these reasons, the Greenlining Institute is proud to sponsor AB 801, and I respectfully request your eye vote.
- Christopher Sanchez
Person
Good morning, Mister Chair members. Christopher Sanchez here on behalf of the Consumer Federation of Consumer Federation of California in support.
- Benjamin Henderson
Person
Good morning. Benjamin Henderson with the Western Center on Law and Poverty in support.
- Roger Niello
Legislator
Any others in support? Seeing none come forward, we'll move in support.
- Yesenia Revancho
Person
Yes. Yesenia Revancho with NCHL poverty in California in support.
- Roger Niello
Legislator
We'll move now to the opposition. Primary witnesses opposed to the bill? Aye, yes.
- Robert Wilson
Person
Good morning, Mister Chair, member of the committee, Rob Wilson with California's Credit Unions here in respectful opposition to AB 801. I'd like to thank the author for all the work that's gone into the bill so far, and we continue to have great conversations. And, you know, we we share the same goal of preventing discrimination in housing and lending in California and look forward to landing the plan on the bill soon. Thank you.
- Chris Schultz
Person
Chris Schultz with the California Bankers Association. We do appreciate working with the author and the sponsors. Continue working on the impact to smaller institutions. We share the goal of generational wealth building through homeownership and, look forward to working with the author and the sponsors to refine the bill as it gets closer to the finish line. Thank you.
- Roger Niello
Legislator
Thank you. Others in support for Me Too testimony. Proceed to the microphone.
- Marissa Hagerman
Person
Thank you. Marissa Hagerman with Traton Price Consulting for Center for Responsible Lending in strong support.
- Roger Niello
Legislator
Are there is there other Me Too testimony that is opposed to the bill? Seeing none come forward, we'll bring it back to the committee. Seeing no questions or comments, Assemblymember Bonta, you may close.
- Mia Bonta
Legislator
Thank you so much. California has always been willing to lead when the Federal Government will not. AB 801 says that every lender operating under our jurisdiction will be examined for fair lending compliance under our law. We've crafted a bill that seeks to not burden unduly DFPI or any smaller institutions, and I respectfully request your aye vote.
- Roger Niello
Legislator
When we have a quorum, I'm sure there'll be a motion. We'll take a vote on the bill then. And let's see. Assemblymember Dixon, it looks like Assemblymember Carrillo snuck in ahead of you. Assembly member Carrillo, you are presenting AB 2721?
- Roger Niello
Legislator
Yeah, Mister Chair. Thank you for the opportunity to present this bill.
- Juan Carrillo
Legislator
I am pleased to present Assembly Bill 2721, a Latino caucus party bill to ensure workplace safety for hospitality workers and guests. I want to start by saying I accept the committee amendments. Thank you to the Chair and the committee staff for their work on this. AB 2,721 is a common sense balance bill simply directing hotels to disclose via notice when a hotel has actual knowledge of a reservation made with U. S.
- Juan Carrillo
Legislator
Customs and Border Protection, as well as U. S. Immigration and Customs Enforcement. From this bill, first committee referral to the present, it stated a balanced, piece of legislation by by doing two things, focusing on protecting our our hospitality workers and secondly, not expanding liability in any way for hotels. Compliance is materially and intentionally simple.
- Juan Carrillo
Legislator
A printer, paper, tape, and open wall space visible to hospitality workers, hotels already post notices when elevators are out of service, or some elements on the premises require notification. This bill simply implies the same common sense principle of disclosure to activities affecting the safety of the workplace. This bill does not prohibit hotels from hosting federal agencies or undercut law enforcement operations to combat drug or human trafficking operations.
- Juan Carrillo
Legislator
Federal agencies themselves use their massive budget increases to redirect thousands of unfortunate personnel away from drug and human trafficking operations to expand their operations targeting immigration enforcement. On that point, I want to add that ICE has embedded media outlets like Fox News and media figures with our operations, meaning the agency itself is sharing sensitive information publicly.
- Juan Carrillo
Legislator
That undercuts the argument that their operations are too sensitive for a bill like this to become law. The bill does not seek to expand or expose hotels only for the liability. That's not the point here. In fact, we see disclosure and prioritizing the safety and workers as the best practice for those liability all around. Be honest about the situation on the premises and you give people the chance to be safe, safely, proactively.
- Juan Carrillo
Legislator
The bill's intent is not to identify individuals, but to inform workers about operational conditions that may affect their safety. FAFSA rollout can ensure disclosures remain general and identify only the agencies without compromising anyone's security. This bill does not regulate the actions of the Federal Government or create long term burdens even if federal policy changes. The notice outlet is minimal and consistent with existing posting obligations.
- Juan Carrillo
Legislator
California has a long history of requiring notice for safety purposes from Proposition 65 labels to real estate transactions that do not, like this bill, interfere with commerce.
- Juan Carrillo
Legislator
This bill recently replies the precedent to balance everyone's needs. After the deaths of two Americans and 14 detainees, including some in my district, I sense the public's trust at this point for communities to feel safe in their presence. The Latino caucus respectfully ask for your vote on AB 2721. Thank you.
- Laura Strand
Person
Honorable acting Chair Nilo, member. I'm Laura Strand representing Unite Here Local eleven. On behalf of more than 32,000 hospitality workers across Southern California and Arizona, we are proud to sponsor AB 2721 and respectfully urge your support for the bill. We are happy to accept the committee's amendments. Our union is largely made up of women, immigrants, and people of color.
- Laura Strand
Person
Our members are the backbone of California's hospitality industry, welcoming millions of visitors each year, yet they are often the workers most directly impacted when federal immigration enforcement activity occurs in and around hotel properties. AB 2721 is a common sense measure. As amended, the bill requires hotels to provide notice when they have actual knowledge that they are hosting US Immigration and Customs Enforcement or US Customs and Border Patrol.
- Laura Strand
Person
The bill does not regulate federal law enforcement activities, disclose personal information, or prohibit hotels from contracting with these agencies. It simply ensures that workers are informed when these agencies are present.
- Laura Strand
Person
For our members, this issue is not abstract. Hotel workers have raised serious concerns about the presence presence of federal agents in hotels, including fear, uncertainty, and workplace safety concerns. Workers deserve to know the conditions of their workplace before they walk in. The amendments take significantly narrowed and clarified the bill. AB 2721 now applies only to ICE and CPB reservations, only where there is a, notice to the workers identifying the agency and the duration of its stay.
- Laura Strand
Person
We appreciate these amendments and support the bill in its current form with committee amendments. They ensure the bill remains narrowly tailored while advancing its core purpose. For these reasons, Unite Here Local eleven respectfully urges an aye vote on AB 2721, and we sincerely thank Assemblymember Carrillo for his leadership on this issue. Thank you.
- Roger Niello
Legislator
Thank you. Do we have, another primary witness? Oh, okay. We'll move to Me Too then.
- Laura Strand
Person
Mister Chair, member Sarah Flock, California Federation of Labor Unions in support. Thank you.
- Connor Gusman
Person
Connor Gussman on behalf of Team Street Oh, sorry. United here internationally in support.
- Roger Niello
Legislator
Others in support? Seeing none come forward, move to the opposition. Primary witnesses in opposition?
- Alexander Rossitto
Person
Good afternoon, honorable vice Chair and member. My name is Alexander Resideo, and I'm here on behalf of the California Hotel and Lodging Association. I would like to start by thanking the committee and the author for your work on this bill and this issue. There have been a lot of amendments which should significantly improve the bill from an operational implementation standpoint.
- Alexander Rossitto
Person
With the amendment that the author has indicated he will take with respect to the notice posting requirements as well as the previously discussed sunset, California Hotel and Lodging Association will be moving to a neutral position upon implementation of those amendments.
- Robert Wintree
Person
Thank you. Robert Wintree, California Chamber of Commerce. Good morning, Mister Chair and member. Echoing the appreciation and anticipating to moving neutral when the events are in print. Thank you.
- Roger Niello
Legislator
Do we have others, for Me Too testimony in opposition to the bill?
- Keith Miller
Person
Keith Miller with the Asian American Hotel Owners Association. We do appreciate the amendments. We're still opposed because it puts our hoteliers in the middle of a political fight. We still wanna protect our workers, obviously.
- Roger Niello
Legislator
Thank you. Others opposed? Seeing none come forward, we will bring it back to our robust committee. No questions or comments. Waiting for a quorum, of course.
- Juan Carrillo
Legislator
Thank you, Mister Chair and, Senator. Appreciate your consideration from my report when the time is appropriate. Thank you very much.
- Roger Niello
Legislator
Thank you. Well, Assemblymember Dixon, it looks like you survived another not having another sneak in ahead of you.
- Roger Niello
Legislator
He did? Oh. Uh-oh. Assemblymember Chen, will you allow Assemblymember Dixon to go ahead since she's standing there?
- Diane Dixon
Legislator
Thank you, honorable Mr. Chair and member of the committee. It's a pleasure to be here with you this morning. I'm pleased to present Assembly Bill 2035, which would allow greater flexibility in updating CC&Rs for large HOAs, homeowner associations.
- Diane Dixon
Legislator
Under existing law, if a homeowners' association is unable to achieve quorum, the quorum requirement established by their covenants, conditions, and restrictions--CC&Rs--the HOA can petition their superior court for an order that reduces the percentage of affirmative votes necessary for an amendment by their declarations to 50% of all homeowners. The current statute exists due to the fact that many HOAs often struggle to meet quorum requirements in order to update their CC&Rs.
- Diane Dixon
Legislator
This struggle can happen for a multiple of reasons, including low voter engagement and high percentage of nonresident owners. One such HOA is Laguna Woods Village in my district which has been unable to update their CC&Rs since 1988. To put this in perspective, Mikhail Gorbachev was president of the Soviet Union and George H. W. Bush was president the last time their CC&Rs were amended. Since 2019, the HOA has spent over $140,000 trying to turn out the vote in two separate elections.
- Diane Dixon
Legislator
In addition, due to the large size of the HOA, which is over 6,000 interest, these elections have been conducted in partnership with industry professionals to ensure a fair and efficiently administered process. Despite all these efforts, they have been still unable to update their severely out-of-date CC&Rs.
- Diane Dixon
Legislator
To remedy this issue, AB 2035 creates an additional alternative vote reduction in California law. This reduction would allow an HOA to petition the court for approval of the amendments to their CC&Rs if 37% of all homeowners vote affirmatively. This legislation has been drafted extremely narrowly and would only apply to one HOA in the state, which is Laguna Woods Village.
- Diane Dixon
Legislator
This bill represents a balanced change that would allow Laguna Woods Village to update their CC&Rs while maintaining the already existing court approval process to ensure accuracy and fairness. This bill has also received unanimous bipartisan support throughout the process. I have with me today Kathy Van Osten, who will be speaking on behalf of Laguna Woods Village and can answer any technical questions. Thank you.
- Kathy Osten
Person
Thank you. Good morning, Mr. Chair, Senator Laird. Kathy Van Osten, on behalf of Third Laguna Hills Mutual. As the Assembly Member indicated, this bill is really narrowly defined to only address this particular HOA. We have verified that from multiple sources that this HOA is the only one impacted by this, and it really-- they have come to the legislature out of sheer frustration.
- Kathy Osten
Person
They have done everything possible to try to get people out to vote. They have a number of foreign owners that frankly just don't vote. They have a a number of sunbirds. Around 25% of their homeowners are snowbirds, so they come down but they tend to not vote. So they haven't even been able to get to 50% in order to achieve an affirmative vote to get to court for approval. The best they've ever been able to do is 47% voter turnout, which is not fabulous in our world but not bad in theirs.
- Kathy Osten
Person
Eighty-five percent of the homeowners supported the CC&R changes, but that still only got them to just under 40%. So we need this change in statute for this particular circumstance so they can get their CC&Rs updated. There have been well over 20 changes to the Davis-Stirling Act that we've not be able to reflect in the CC&Rs.
- Kathy Osten
Person
You've had new technologies come on board--EVs, EV chargers, solar, you know, just to name a few--and this is really their only opportunity to be able to update these documents, and once they get them up updated, obviously they can put a reasonable vote in, hopefully not have to come back for another opportunity. So respectfully--excuse me--ask for your aye vote and happy to answer any questions.
- Roger Niello
Legislator
Are there folks in the room that support this bill that would like to state so? I'm seeing no one come forward. Move to the possible opposition. Are there any primary witnesses opposed to the bill? Seeing none come forward. Any other people that are opposed wish to express their opinion? Seeing no one come forward. Bring this back to the committee. Senator Laird.
- John Laird
Legislator
The author was on thin ice when she started saying everything that had happened in 1988.
- John Laird
Legislator
I was in my seventh year on the Santa Cruz City Council, so it's not that long ago. I was referencing earlier just to my own residency in HOA and what some of the issues are--it's a block from here--and we have had various elections where the turnout has just been a few votes short of the minimum and they've had to either redo it or try to extend the time for all the reasons that you've said. So I think that I will look forward to supporting this bill when we have a quorum.
- Roger Niello
Legislator
Well, it sounds like you have a motion in waiting as we have a quorum in waiting. In the meantime, you may close.
- Diane Dixon
Legislator
Well, thank you, both the senators. I respectfully ask for an aye vote and would be honored. And as a resident of another HOA in Orange County, I sympathize with this problem because people are either absentee or uninterested, but getting changes to the CC&Rs is a problem. But this is very narrowly constructed, and I hope we could get a support from the committee. So thank you so much.
- Diane Dixon
Legislator
Thank you. Thank you for letting me proceed, Assembly Member Chen.
- Phillip Chen
Legislator
Mister Sherry, thank you so much for your time. I really appreciate it. I wanna start off by saying that Senator Laird is the epitome that age is nothing but a number as you are a beautiful, beautiful human being. So with that, allow me to present AB 1827. The truth is Flattery will get
- Phillip Chen
Legislator
Thank you, Mister Chair. I wanna thank you for the committee to help me throughout this process, and I thank you so much for the incredible staff for doing the incredible job they're doing to advocate for this bill. The small claims court was designed to provide a fast affordable way to resolve routine disputes. However, the current $6,250 limit for businesses has not kept up with the pace of inflation or stays business costs.
- Phillip Chen
Legislator
AB 1827 updates that limit by increasing the small claims jurisdictional limit for business
- Roger Niello
Legislator
Excuse me, Assemblymember Chen. Could we, have those doors closed, please? There's a lot of noise out in the hallway that competes with, the speakers in here.
- Roger Niello
Legislator
Excuse me, Assemblymember Chen. Could we, have those doors closed, please? There's a lot of noise out in the hallway that competes with, the speakers in here.
- Phillip Chen
Legislator
Mister Sherry, thank you very much for that. So AB 1827 updates that limit by increasing a small claims jurisdictional limit for businesses to $15,000 per case and allowing business to follow-up to three claims per year. The bill maintains all existing safeguards. Attorney representation remains prohibited. Procedures stay simple and accessible, and judges retain full oversight.
- Phillip Chen
Legislator
This will give small business a more practical way to recover legitimate debts and enforce contracts. Today, I have Cliff Byrd testifying on behalf of California's Association of Collectors.
- Cliff Berg
Person
Thank you, Mister Mister chairman. Cliff Byrd. Here on behalf of the California Association of Collectors, which we are the sponsors of AB 1827, which will modernize California small claims courts by updating the dollar limits and number of filings, particularly for small businesses. This update reflects today's economic realities in better service both small businesses and consumers. California has experienced a dramatic drop in small claims cases filed.
- Cliff Berg
Person
In 1982, we had 600,000 cases, and 2,325 cases, and in 2023, fewer than a 100,000. This dramatic decline reflects a significant problem in accessing the small claims court. This bill increases the small business small claims jurisdictional limit from 6,250 to 15,000 and allows small businesses up to three filings per year from the current limit of two filings, so an increase of one more per year while maintaining all existing procedural safeguards.
- Cliff Berg
Person
As the author has said, small claims is an important opportunity for small business and consumers to ensure that meaningful disputes can be resolved efficiently in the appropriate forum without fundamentally altering the structure of the small claims system. Unfortunately, today, small businesses are often confronted with the choice.
- Cliff Berg
Person
Can they afford to hire an attorney and go to limited civil, or can they take off a entire day to sit in small claims court for a very small dollar amount? By increasing the dollar limits and increasing the number of filings per year, we're giving an opportunity for many small businesses in essence to re recoup money that would otherwise be lost and get it back into the economy so that those businesses can hire and employ people and provides good goods and services.
- Roger Niello
Legislator
Thank you. Do you have another primary witness? No, Mister Chair. Are there others in the room, in support of the bill? Come forward to the microphone, state your name, organization, position.
- Anna Buck
Person
Mister Chair, member, Anna Buck on behalf of the California Association of Realtors in support.
- Roger Niello
Legislator
Others in support. Proceed to the microphone. Seeing none come forward. Now, moving to the opposition. Do we have a primary witness opposed?
- Heather Reseteris
Person
Thank you, Mister Chair and member. Heather Reseteris with the Judicial Council of California. The Judicial Council is opposed to AB 1827 because this bill risks frustrating the purpose of small claims courts, which are intended to be places where average citizens representing themselves without lawyers can get their day in court as quickly and inexpensively as possible. The bill more than doubles the dollar amount of the money that can be sought in a small claims court, proceeding without any commensurate changes to the court filing fees.
- Heather Reseteris
Person
It also, lastly, presents the real likelihood that our already packed small claim court calendars will be overtaken with debt collection activities, actions which can already be taken in Superior Court, which pushes out available hearing dates for Californians seeking resolution to their everyday problems like neighborly disputes, consumer fraud, injury accidents, and so on.
- Roger Niello
Legislator
Thank you. Is there another primary witness in opposition? Seeing no one come forward. Do we have individuals in the room that would just like to state their position that are who are opposed to the bill? And seeing no one come forward, it is back to the committee again.
- Roger Niello
Legislator
We appear to have no questions or comments. Again, waiting for the quorum. You may close.
- Phillip Chen
Legislator
I respect less than admiral, Mister Chair. Thank you. Thank you.
- Roger Niello
Legislator
And, Assemblymember Bauer Kehan, yes. It's you. It's your time. You have, two bills to present.
- Rebecca Bauer-Kahan
Legislator
I I think this might be the least number of bills I've ever had in Judith Sherry. Happy to start with AB 1577, Mister Trump?
- Rebecca Bauer-Kahan
Legislator
Thank you. Good afternoon. No, morning. Still morning. Just feels like afternoon already.
- Rebecca Bauer-Kahan
Legislator
Today, I'm proud to present AB 1577, the Data Center Energy Accountability Act. AB 1577 requires data centers to report various energy usage statistics to the Energy Commission on a regular basis and report estimates of the same information to local planning agencies during permitting. I wanna thank committee staff for their work on the bill.
- Rebecca Bauer-Kahan
Legislator
I'm committed to continuing to work with this committee on the bill's data confidentiality provisions in order to protect trade secrets and the public's access to information pursuant to the Public Records Act. I know the Energy Commission has processes for trade secrets, and we're working with them closely to ensure this aligns with their current processes to protect trade secrets for California's data centers.
- Rebecca Bauer-Kahan
Legislator
This bill is incredibly important because as we know, the data center industry is growing. We've seen right here in our own state where an energy provider in Lake Tahoe has left Lake Tahoe to provide energy solely to a data center in Nevada. So this is impacting our grid today.
- Rebecca Bauer-Kahan
Legislator
And in order for us to plan for our grid and keep both the lights on for our constituents and the data centers, we need to have accurate information in order to plan long term for the future of California's energy and how we will get it to all of our constituents in an affordable and reliable way. With me today is Ethan Rarick, executive director of the Little Hoover Commission. Thank you very much, Mister Chair
- Roger Niello
Legislator
and members. As you know, Mister One one moment, please. Do you accept the amendment?
- Unidentified Speaker 052
much. As you know, as a member, Mister Chair, the, Little Hoover Commission is a bipartisan independent organization charged in statute with recommending reforms to state policy. Earlier this year, we released a report on the growth of data centers and how the data centers should be, integrated into the state's electricity system, and especially how rates may be affected. As the member noted, the experts project massive growth in data center demand in the coming years.
- Unidentified Speaker 052
And this growth has important implications for grid reliability, infrastructure planning, water use, community impacts, and other issues.
- Unidentified Speaker 052
Our report identified four key principles. First, make sure that the financial burden of data centers falls on the centers, not on rate payers. Second, integrate data centers into the system in a way that ensures the reliability of the grid and does not add needless costs. Third, maintain the state's commitment to clean energy goals. And fourth, relevant to this bill, ensure that California regulators have access to relevant information such as how much power is used by the centers.
- Unidentified Speaker 052
This bill addresses those needs for transparency and data access. Regulators currently rely largely on aggregated electricity consumption data, which can make it difficult to understand how an individual facility interacts with the grid or affects specific communities. Better data would allow the state to plan responsibly for the rapid expansion of data centers while protecting communities, the electrical grid, and rate payers.
- Unidentified Speaker 052
We believe that AB 1577 implements our recommendation by establishing a structured reporting framework while balancing public transparency and privacy concerns, and therefore respectfully request your aye vote.
- Roger Niello
Legislator
Are there others in the room, in support that would like to express their support? Come to the microphone, give your name, organization, and position.
- Melissa Kranz
Person
Thank you. Melissa Sparks Kranz with the League of California Cities in support. Caitlin Leventhal with the California State Association of Counties in support. Thank you.
- Roger Niello
Legislator
Any others in support? Seeing none come forward. Are there primary witnesses, that are opposed to this bill?
- Unidentified Speaker 031
Good morning, Chair and member. Shanti Smith with the Silicon Valley Leadership Group. We'd like to start by thanking the author for her continued work, in coordination with stakeholders on this bill. We are currently opposed to the bill in print, but very much encouraged by the amendments that are in the analysis and look forward to bringing those amendments and language back to our membership, and would just like to express that on the record. And thank you so much.
- Roger Niello
Legislator
Thank you. Others opposed to the bill? Approach the microphone.
- Rana Gailami
Person
Good morning. Rana Gailami on behalf of Cal Jamer. I'll echo the comments of my colleague. We really appreciate the direction. We're also reviewing the amendments and appreciate the author.
- Roger Niello
Legislator
Others opposed? Seeing, none. Bring it back to the committee. Questions, comments? Well, again, waiting for a quorum.
- Rebecca Bauer-Kahan
Legislator
close. Thank you, senators. This is really important to respond to our constituents' desires for us to get control of, our energy needs. And with that, when the time is appropriate, I respectfully ask for your aye vote.
- Rebecca Bauer-Kahan
Legislator
Thank you, Senator. I wanna start by thanking the committee staff for their analysis on the bill. I'm presenting AB 2164, which is an important bill that will protect California health care providers from being extradited out of state for care that is fully legal here in California. Luckily, our current governor has taken a strong stance on protecting our providers and denied out-of-state expeditions even though we have seen such requests take place.
- Rebecca Bauer-Kahan
Legislator
However, looking to the future, it's imperative that California providers are safe against threats of extradition rather than the case-by-case basis under which our current law deals with it.
- Rebecca Bauer-Kahan
Legislator
17 other states have already have firm extradition clauses such as the one proposed in this bill. AB 2164 codifies current protections, ensuring that regardless of who the governor is, our brave health care providers are protected. The bill creates reciprocal protections for licensed providers who may be here and also didn't commit a crime while providing health care.
- Rebecca Bauer-Kahan
Legislator
The bill has already been narrowed in scope, and we'll continue to work with stakeholders to ensure that the bill strengthens California shield laws in the most effective manner while also protecting patients. AB 2164 is sponsored by the Abortion Coalition for Telemedicine and is supported by Planned Parenthood, Equality California, the OBGYNs, and our own legislative LGBTQ caucus.
- Rebecca Bauer-Kahan
Legislator
With me today in support is Lizzie Hinkley, legal director with the Abortion Coalition for Telemedicine, and doctor Kelly Pfizer, founder and director of Aria Medical. Here. Maybe they're out in the crowd. There they are. Right at the microphone.
- Lizzy Hinkley
Person
Thank you. My name is Lizzy Hinkley, and I am the legal director for the Abortion Coalition for Telemedicine. ACT is an advocacy organization at the forefront of advancing comprehensive shield laws, enabling telemedicine abortion providers to meet the access needs of patients across the country. AB 2164 strengthens California's existing shield laws by prohibiting future governors from honoring extradition requests for individuals who provide or assist with reproductive or gender affirming care that is legal in California.
- Lizzy Hinkley
Person
By removing discretionary authority, the bill ensures California health care providers cannot be extradited to states seeking to criminalize essential health care.
- Lizzy Hinkley
Person
This legislation is urgently needed as states across the country seek to enforce abortion bans by criminally targeting abortion providers and increasingly patients themselves. This is not hypothetical. Two doctors providing abortion care pursuant to the shield law protections have already been indicted. In the years since Dobbs, shield laws enacted in California and across the country have protected these providers from being extradited to states that have criminalized abortion access.
- Lizzy Hinkley
Person
Absent statutory protection, if left to the discretion of a different governor, those abortion providers would be sitting in jail awaiting criminal trial.
- Lizzy Hinkley
Person
California providers should not have to practice under the uncertainty of shifting political winds. AB 2164 provides the stability and security necessary to ensure California remains a safe place for patients and providers. The abortion coalition for telemedicine is honored to be the lead sponsor of AB 2164. We thank Assemblymember Bauer-Kahan for championing this critical legislation and respectfully urge a yes vote. Thank you.
- Kelly Peifer
Person
Yeah. Thank you so much. My name is doctor Kelly Peifer. I live in California. I'm a family doc, and I've been an abortion provider for over 25 years.
- Kelly Peifer
Person
In 2023, I started a medication abortion clinic in Kansas to serve patients traveling from states like Texas that were criminalizing abortion care, and our team opened a location in Ohio last year. I also ran a practice that does telehealth abortions in California, Nevada, and Arizona. I know I'm taking some risk treating abortion patients. At any moment, an angry family member could try to prosecute me even though the care I provide is absolutely legal according to California law and in the states where I practice.
- Kelly Peifer
Person
My colleagues working in telehealth practices, mentioned by my colleague earlier are taking even more risk as their work allows people living in restricted states to receive pills by mail. We're all part of a system that assures people are not forced to continue a pregnancy just because of the state they live in, and we all are counting on California shield law. I live and work here because I believe California will always protect health care access.
- Kelly Peifer
Person
However, without this bill, protection against an unjust prosecution by another state's officials for political reasons is not assured. And this bill strengthens existing shield laws that prohibits future governors from honoring extradition requests from per for providers who assist with health care that's legal in California.
- Kelly Peifer
Person
It assures reciprocal protections, so abortion providers who visit California also are also are protected, and that our state is on record for supporting safe and legal care. Protecting us from prosecution should not depend on shifting political whims or a single person's decision. And by removing discretionary authority in these circumstances, this bill assures that California health care providers cannot be arrested or extradited to states seeking to criminalize care.
- Kelly Peifer
Person
This is crucial protection, and I strongly urge you to support the passage of AB 2164 and thank you.
- Roger Niello
Legislator
Thank you very much. That was just about exactly two minutes, I think. Others, in support, state your name, organization, and position.
- Katrina Cantrell
Person
My name is Katrina Cantrell. I'm the executive director of Women's Health Specialist. Women's Health Specialist is a 51 year organization that has served with reproductive rights and health care for the last 51years. I'm here in support of 2164. We have shepherded physicians.
- Karen Stout
Person
Good morning, Chair and members. Karen Stout here on behalf of the California Nurse Midwives Association in support. Thank you.
- Martin Radosevich
Person
Martin Radosevich, on behalf of Reproductive Freedom for All California, in support.
- Benjamin Henderson
Person
Benjamin Henderson with the Western Center on Law and Poverty in support.
- Kathleen Van Osten
Person
Kathy Van Osten, on behalf of the American Association of University Women, in support.
- Angela Pontes
Person
Good morning. Angela Pontes, on behalf of Planned Parenthood affiliates of California, in support.
- Ryan Spencer
Person
Ryan Spencer behalf of the American College of OBGYN's District 9, in support.
- Roger Niello
Legislator
Others in support, seeing none come forward. Do we have primary witnesses in opposition? Approach the microphone, please. You have two minutes.
- Matthew Ward
Person
Alright. Thank you. Matthew Ward. Members, this bill asked California to become a sanctuary, not for vulnerable children, but for the people who permanently altered children's bodies. Read the bill carefully.
- Matthew Ward
Person
It does not protect children. It protects the adult who perform irreversible medical interventions on children. AB 2164 extends California's legal shield to providers who remove healthy breasts or genitals from minors, suppress natural puberty, and administer cross sex hormones even when another state has determined those actions violate its laws. Think about what that means. A child can lose the ability to have biological children before ever becoming an adult.
- Matthew Ward
Person
A child can lose normal sexual function before ever understanding what was taken from them. A child can become a lifetime of hormone surgeries and medical dependence. And instead of asking whether that child was harmed, California answers it to shield the provider from accountability. I know many of you believe you are acting out of compassion. I do not question your intentions, but history is filled with well-intentioned people who were tragically wrong.
- Matthew Ward
Person
Good intentions do not restore fertility. Good intentions do not restore healthy organs. Good intentions do not reverse permanent medical interventions. This bill is also in, unconstitutional. The extradition clause does not permit a governor to refuse a facially valid extradition request simply because California disagrees with another state's laws, yet that is exactly what AB 2164 attempts to authorize.
- Matthew Ward
Person
And it strikes at one of our nation's oldest and most fundamental liberties, the right of parents to direct the medical care of their children. Instead of protecting families, this bill protects those who may have bypassed parental authority while making accountability harder to achieve. California should not be a refuge for those who profit from the bodies of other states' children. Ask yourself one question before you vote.
- Matthew Ward
Person
When history looks back at this moment, will California be remembered as the state that protected children or the state that protected people who permanently harmed them?
- Leandra Wells
Person
Chair and members, my name is Leandra Wells with the California Family Council in opposition to AB 2164, which builds a wall around two things. California refuses to look at honestly. First, what the bill calls gender affirming care, we call them sex rejecting procedures. Puberty blockers set cross sex hormones and surgeries on minors. This year, the US Department of Health and Human Services released a peer-reviewed evidence review, finding that the evidence for benefit is low and the evidence of harm is significant.
- Leandra Wells
Person
England, Sweden, Finland, and Norway have all pulled back for the same reasons. The human cost is in the courtroom. In January, a New York jury awarded 2 million dollars to a young woman whose doctors approved a double mastectomy at 16 without meeting the standard of care. Here in California, Chloe Cole is suing Kaiser over the same harm. AB 2164 extends legal cover to the very providers now being held liable.
- Leandra Wells
Person
Second, abortion. California no longer has an ultrasound requirement and has expanded mail-order chemical abortion with no in-person doctor appointment. An analysis of over 800,060 cases found a serious adverse event rate far higher than the label reports. So I have to ask plainly, why is safety never the thing we worry about here? Look at who you are sacrificing to protect abortion and transgender ideology.
- Leandra Wells
Person
Please consider that those who see themselves as heroes are the last to see the harm. Finally, this bill raises serious full faith and credit concerns. Your own analysis admits as much, but you are plowing ahead anyway, knowing you will be sued for violating the US Constitution. I encourage you to reconsider. Please oppose AB 2164.
- Roger Niello
Legislator
Thank you. Others, opposed, that would like to state so, come to the microphone. Name, organization, and position.
- Florentina Janaro
Person
Florentina de Janaro with Mom's Army, thousands of moms through California, also representing Freedom Coalition, and also representing Church of Lab Tidings in opposition.
- Rochelle Conner
Person
Rochelle Conner, on behalf of Concerned Women for America, representing thousands of mothers and families in strong opposition.
- Roger Niello
Legislator
Others opposed, come forward to the microphone. Seeing none, we will bring this back to the committee. Yes, Senator Laird.
- John Laird
Legislator
I, I would just wanna thank the author for bringing the bill. And at 4 o'clock when we have the quorum, I will be moving the bill.
- Rebecca Bauer-Kahan
Legislator
Thank you. And when the time is right, I respectfully ask for the committee's aye vote.
- Roger Niello
Legislator
Oh, yes. Very patiently waiting, and it's your time. Assemblymember Krell.
- Natasha Johnson
Legislator
Good morning, Mister Chair and committee members. AB 2529 addresses a narrow but significant gap in government claims act to ensure accountability when individuals seek monetary damages from public agencies. The claim presentation requirement is a vital gateway that gives public entities notice and an opportunity to settle legitimate grievances before costly litigation begins. Under existing law, claimants are encouraged to use standardized forms provided by the state or local agencies.
- Natasha Johnson
Legislator
Most of these forms, like the forms from the Department of General Services, already require a signature under penalty of perjury or a declaration of truth.
- Natasha Johnson
Legislator
However, courts have held that claimants are not actually required to use these forms. If a claimant chooses to draft their own letter instead of using an agency form, current statute only requires a simple signature. It does not require them to attest to the facts within the claim are actually true. AB 2529 simply requires that all claims, whether submitted via an agency form or an informal letter, must include declaration that the contents are true and correct to the best of the claimant's knowledge.
- Natasha Johnson
Legislator
This creates a single uniform standard for all claimants seeking taxpayer funded payouts.
- Natasha Johnson
Legislator
AB 2529 is supported by the California Contract Cities Association, the County Of Riverside, and supported by dozens of city across the state of California. It protects public resources from frivolous or exaggerated claims while preserving full access to justice that have valid grievances. While labor stakeholders were opposed prior to amendments taken in Assembly judiciary, they have not renewed their opposition as noted in the committee analysis. With me to testify, I think somewhere in here, maybe they're making their way through the hallway.
- Natasha Johnson
Legislator
I'll announce them so they know they're being called to the principal's office.
- Natasha Johnson
Legislator
David Quintana for on behalf of the City of Hidden Hills is a cosponsor, and Jason Gonzales on behalf of the city of Carson.
- Natasha Johnson
Legislator
They are. I hope they're not AWOL. I hope they're just crowded.
- Roger Niello
Legislator
The door is opening. That does not look like either one of them. Well, do we have others that are in support of this bill?
- Kelly Brooks
Person
Kelly Brooks on behalf of the Riverside County Board of Supervisors here in support.
- Roger Niello
Legislator
Thank you. Any others in support? Well, seeing none come forward, we'll move to a possible opposition. What are you doing with that Dodgers? Sure.
- Roger Niello
Legislator
No. Go Giants. Do we have any opposition to the bill? Seeing none come forward on the other witnesses going once, going twice, appears that they are performing someplace else. That happens.
- Roger Niello
Legislator
That happens. We will bring this back to the committee though. Any questions or comments? Seeing none, Senator Laird has said we'll have a quorum at 04:00. I think he's optimistic but there's Mister Quintana.
- Roger Niello
Legislator
Yeah. I shoot it. Primary witness in favor to the microphone over there if you would.
- Roger Niello
Legislator
Everybody's running around. Thank you. Thank you, chairman. Give me one second here. Okay. Catch your breath.
- David Quintana
Person
Yeah. Thanks. Thank you. Good morning, Mister chairman and committee members. AB 2529 David Quintana on behalf of the city of Hidden Hills.
- David Quintana
Person
A B 2529 intends to ensure accountability when individuals seek monetary damages from public agencies. The current claim presentation requirement allows cities notice and an opportunity to settle legitimate grievances before costly litigation begins. Currently, claimants are only encouraged to use standardized forms when currently, claimants are only encouraged to use standardized forms when seeking a claim against a public agency. They're free to draft the claim however they want.
- David Quintana
Person
Most of these standardized forms, like those from the Department of General Services, require signature under penalty of perjury or a declaration of truth.
- David Quintana
Person
However, if a claimant chooses not to use a standardized form, such as one provided by DGS, and instead submits a self drafted letter, current law requires only a signature. There's no requirement that the claimant attests that the information provided is true and correct to the best of their knowledge. All this bill does is require that every claim, regardless of how it is submitted, include an attestation that the information provided is true and correct, nothing more.
- David Quintana
Person
When settlements involve taxpayer funds, a simple declaration is a minimal safeguard to help ensure that the that only legitimate claims are brought forward. Thank you.
- Roger Niello
Legislator
you did pretty well. Not too much, heavy breathing there. So we'll go with that as your, primary witness. And I don't think we have any questions. So, when we do reach a quorum, I'm sure there'll be a motion and we'll take a vote.
- Natasha Johnson
Legislator
Thank you. Just simply stated, the bill is about one thing, protecting taxpayer dollars from frivolous claim claims against public agencies. It's narrowly tailored and has been developed with direct input for stakeholders at the appropriate time. I would, requestly, request your aye vote. I did forget to mention in my opening that it has received broad or bipartisan support, and I thank you for the opportunity to present.
- Thomas Umberg
Legislator
so next next would be thank you very much. I'm I was surprised and a little disappointed that you all were still here when I came back. I thought that Senator Nielo would get that resolved, but apparently not. We moved perfectly as we said. Alright.
- Thomas Umberg
Legislator
So Assemblymember Awahari, and then I see other Assemblymember's here. If no one who falls in the alphabet before the Assemblymember's that are here, you would go next. So keep your fingers crossed.
- Thomas Umberg
Legislator
a long time. Now everybody above k knows that they should be running down here. So Alright. So Assembly member Awa Hari.
- Sade Elhawary
Legislator
Morning, I think. I'm not sure. Good morning, Mister Chair and members. I am proud to present AB 2247, a bill that would establish the trauma healing and resilience investment for victimized and exposed youth act or the Thrive Act fast and responsive mental health services for people 25 impacted by gun violence, including victims and witnesses. In 2022 alone, nearly two thousand children and youth 25 were injured or killed by an act of gun violence.
- Sade Elhawary
Legislator
While gun violence affects all communities, black and Latino youth, as well as youth in low income communities, are more likely to experience or witness gun violence, often with lasting mental health impacts. Existing systems that are supposed to act as safety nets to provide mental health services to survivors are riddled with red tape, can be a financial burden, and often difficult or impossible for youth to meaningfully access. Youth need access to timely and responsive mental health support in the wake of tragedy.
- Sade Elhawary
Legislator
Trauma can lead to long term harm and cycles of continued violence. Research has shown that timely access to mental health care protects against these long term consequences.
- Sade Elhawary
Legislator
Impacted children and young people endure while seeking help by reducing wait times, providing serve survivors with a list of mental health care providers or peer support specialists in their county, and establishing a mechanism to ensure survivors are not required to pay for these services out of pocket or wait to be reimbursed. When children and youth have experienced violence, who have experienced violence get the support they need in the immediate aftermath to heal, they are set up for a brighter future.
- Sade Elhawary
Legislator
With me here today is Capri Walker with Californians for Safety and Justice.
- Capri Walker
Person
Thank you. Good morning, Chair members. Capri Walker with CSJ. I will be reading, a statement on behalf of Bridget Montoya, who is a member of our sister organization, Crime Survivors Speak. Bridget was unable to make the hearing today, so I will be reading the testimony from her point of view.
- Capri Walker
Person
My name is Bridget Montoya, and I am from the city of Pacoima. I am a mom of three, and I work for Champions in Service. On 10/01/2015, I was shot while I was walking in my neighborhood. I was in a coma for about a week and spent a month in the hospital. After I was released from the hospital is when the real recovery was supposed to start.
- Capri Walker
Person
Not only was I physically injured, but also emotionally and mentally. It was really hard for me to even accept what had happened. At the time, I didn't think that what happened to me would affect me so much mentally. Living in the community I grew up in, violence is something that we normalize and something we're not supposed to talk about. After getting released from the hospital, I should have been offered mental health treatment.
- Capri Walker
Person
I should have been able to talk to someone about what happened to me because it was very traumatizing. It was hard for me to speak to my friends and my family about the thoughts in my head because I felt like they didn't understand me. That is why passing the Thrive Act is so important. Survivors of any type of violence should have the access to mental health to help them in their recovery.
- Capri Walker
Person
Having free mental health resources will help people begin to heal and have a safe outlet to discuss these types of things without feeling alone.
- Capri Walker
Person
When a survivor doesn't receive opportunities to heal, violence will create more violence. I'm urging the legislature to support the Thrive Act today. Our communities now, more than ever, need to know it's okay to ask for help and that when we when they need it, they will be able to receive it without feeling that they can't pay for it or even have to sacrifice something looking for it. Please vote yes on AB 2247. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Other witnesses in support of AB 20247, now's a good time to come forward.
- Connor Gusman
Person
Good morning, Chair and members. Connor Gussman on behalf of prosecutors, Alliance Action in support.
- Yesenia Robancho
Person
Yesenia Robancho on behalf of End Child Poverty in California in proud support. Also, on behalf of myself as somebody who also benefited from these mental health services as survivor. Thank you.
- Sarah Webber
Person
Thank you. Hi there. Sarah Webber with the Drug Policy Alliance in support. Also on behalf of Community Burps in support.
- Thomas Umberg
Legislator
Thank you. Others in support, please come forward. Going once, going twice, let's turn the opposition. If you're opposed to AB 2247, now's the time. Alright.
- Thomas Umberg
Legislator
Seeing no one coming forward, let's bring it back to committee members. Questions by committee members? Seeing none, at the appropriate time, I would expect there'll be a motion. We have a I I I will recommend an aye vote. Would you like to close?
- Sade Elhawary
Legislator
Yes. I was invited to the San Quentin prison, now rehabilitation center, a few months ago because the men inside mentioned how important this bill would have been for their own experiences, having not only been perpetrators of gun violence, but having witnessed it themselves. Those these mental health services would literally have changed their lives, and we wanna do that for our future. I respectfully ask for your eye vote at the appropriate time.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Assemblymember Crowell, I think. Yes. You're a fleet of foot.
- Thomas Umberg
Legislator
Good for you. Alright. Assemblymember Crowell. AB 1854, file name number 35.
- Maggy Krell
Legislator
Thanks very much. Good morning, Mister Chair and members. I'm pleased to present you with Assembly Bill 1854 this morning. This bill does two important things. It ensures that law enforcement in California will not arrest anyone who has not been who has not received a governor's extradition based on an action from another state for legally protected healthcare, reproductive rights here in California, and then it also expands our shield laws in California to make sure that we're protecting patients and providers from out of state actions.
- Maggy Krell
Legislator
This this shield law is important within the context of Roe versus Wade getting overturned with the Dobbs decision, of course, and states around the country, increasingly passing and attempting aggravated actions against our healthcare providers and patients when they access We have a good, strong framework already in place, but now is the time, with increasing actions from other states that we fortify this framework. This does so in a couple of simple ways.
- Maggy Krell
Legislator
This bill is sponsored by Attorney General Rob Bonta, supported by plan Planned Parenthood and many other reproductive rights, organizations. And I think with me here to testify is, Tiffany Brokaw from the Department of Justice.
- Tiffany Brokaw
Person
Good morning, Chair members. Tiffany Brokaw here on behalf of attorney general Rob Bonta in the office of legislative affairs, and we are proud to cospons to sponsor AB 1854, and we'd like to thank Assemblymember Krell for her leadership on this important issue. AB 1854 clarifies and expands California shield laws to protect patients, health care providers, and others involved in reproductive health care and gender affirming care that is legal in California.
- Tiffany Brokaw
Person
Since California shield laws took effect, anti abortion states have increased efforts to investigate and prosecute California providers, and some states have tried to extradite or take adverse legal actions against California doctors. AB 1854 addresses these issues by expanding shield law coverage to more California businesses and individuals who receive legal demands and clarifying that law enforcement cannot arrest someone if the governor refuses an extradition request.
- Tiffany Brokaw
Person
As the legal landscape continues to shift nationwide, AB 1854 ensures that California will remain a safe haven for reproductive health care. And for these reasons, we respectfully ask for an aye vote.
- Martin Radosevich
Person
Martin Radosevich on behalf of Reproductive Freedom for All California in support. Thank you.
- Leandra Wells
Person
Burke Benetti in support on behalf of the Electronic Frontier Foundation.
- Thomas Umberg
Legislator
Thank you. Others in support, seeing no one else coming forward, if you're opposed, AB 1854, please come forward.
- Matthew Ward
Person
Alright. Matthew Ward. I want to tell you about a child. She's taken across state lines. A telehealth provider in California prescribes her hormones, drugs that permanently alter her body before she is old enough to fully understand the lifelong consequences.
- Matthew Ward
Person
Her parents have no idea it is happening. Months later, they find out. They hire a lawyer. They seek the medical records needed to understand what happened to their daughter. Here's what AB 1854 does.
- Matthew Ward
Person
A California company holding those records must notify the attorney general. It must notify the provider whose records are being sought. Then the parents must wait thirty days before those records can be produced. Thirty days. Whether the records are ultimately produced or not, the bill deliberately delays parents who are trying to investigate what happened to their own child and give advance notice before disclosure.
- Matthew Ward
Person
That is a remarkable barrier to accountability. And if the company complies without following these requirements, California can impose a $10,000 civil penalty, $15,000 for subsequent violations, plus attorney's fees. The parents are simply trying to learn the truth about what happened to their child. Instead, California places procedural protections around the people and institutions involved. Those parents get nothing.
- Matthew Ward
Person
The provider who broke the law walks free, and California calls this health care protection. Recently, Herndon Graddick, the former executive director of GLAAD, said publicly, we should completely stop doing anything that might harm children even if it means we admit that we got something really wrong, and my understanding is that we have. The architect of the movement is confessing it harms children, and your answer is to build them a fortress. That is despicable. Thank you.
- Leandra Wells
Person
Chair and members, my name is Leandra Wells with the California Family Council. AB 1854 turns California into a legal fortress for the abortion and gender transition industry, punishing any Californian who cooperates with another state's lawful investigation even when
- Leandra Wells
Person
the activity happened outside our borders. This is a sweeping attempt to export a culture of death while shielding those who harm children and then take innocent life. This bill doesn't protect, it punishes Any person or entity in California that complies with a lawful subpoena from another state could face fines of 10 to $15,000 from our own attorney general. That is not healthcare protections. It is compelled obstruction of justice.
- Leandra Wells
Person
And who pays the price? Families and children. A newly released finished study tracking more than 2,000 adolescents found that severe psychiatric problems were already high before these interventions, and it did not improve after medical gender treatments. In fact, mental health disorders remain elevated or worsened over time. These findings should give every member pause.
- Leandra Wells
Person
The evidence is increasingly clear. These sex rejecting procedures do not resolve underlying distress. They often deepen it. AB 1854 doubles down anyway anyway, shielding these interventions from scrutiny and accountability even across state lines. It tells providers no matter what harm is done, California will protect you.
- Leandra Wells
Person
And it tells parents in other states, California will obstruct your efforts to protect your own children. This bill also puts California organizations, including ministries, nonprofits, and businesses in an impossible position. Obey another state's lawful order and be punished here or refuse and face consequences there. That is coercion. Members, this bill is not about care.
- Leandra Wells
Person
It is about control. It elevates ideology above evidence, politics above parents, and power above the rule of law. For the sake of children, families, and true justice, we respectfully urge a no vote on AB 1854. Thank you.
- David Bullock
Person
Yes. David Bullock on behalf of the LA County Moms for Liberty and the SFV Alliance, we are in opposition.
- Rochelle Connor
Person
Rochelle Connor, on behalf of Concerned Women for America, strongly opposed, ask for a no vote.
- Florentina Degennaro
Person
Florentina DeGennaro with Moms Armies and Freedom Coalition and Church of Glad Tidings, strongly opposed.
- Kara Martinson
Person
Kara Martinson on behalf of the County Of Los Angeles in support. Sorry. I missed it earlier.
- Chris Shultz
Person
Chris Schultz with the California Bankers. We continue working with the author of the sponsor on some technical issues. Thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you. Anyone else in opposition, please come forward.
- Tim Madden
Person
Mister Chair, I apologize for being late. I'm actually on the support side, just running from another committee. Tim Madden representing the California chapter of the Maryland College of Emergency Physicians in support.
- Thomas Umberg
Legislator
Okay. Thank you very much. Anyone else who wishes to provide me too testimony AB 1854 going once, going twice? Alright. Bring it back committee.
- Thomas Umberg
Legislator
Senator Laird. I'm just gonna say, I appreciate the author bringing the bill and at a time when we have the quorum, I will be happy to move it.
- Thomas Umberg
Legislator
Alright. Thank you very much. So noted. Other questions or comments? Seeing none, Assemblymember Crowell, would you like to close?
- Maggy Krell
Legislator
Thank you. Respectfully ask for your aye vote at the appropriate time.
- Thomas Umberg
Legislator
Okay. Thank you. Alright. Thank you, Assemblymember Crowell. Next would be Assemblymember Pacheco.
- Blanca Pacheco
Legislator
Okay. Thank you. And I believe it's still kind of morning. Good morning or afternoon. Mister Chair and senators, I'm here to present AB 1821, which makes a modest change to help local agencies managing the increasing volume of public records requests.
- Blanca Pacheco
Legislator
I have amended the bill to align public records act response timelines with business days, creating more realistic and workable deadlines while preserving public access to records and response responding to feedback we have received. I wanna make clear that public access to government records is an essential part of our democracy. That principle does not change with this bill. What has changed is a surge in both the volume and complexity of public records requests.
- Blanca Pacheco
Legislator
Agencies across the state are experiencing a sharp increase in requests that are exceptionally broad, time-intensive, and costly to process.
- Blanca Pacheco
Legislator
In some cases, requests span years of records, require the review of hundreds of thousands of documents, and take months or longer to complete. My home city of Downey has seen a 73% increase in records requests since 2019. The city of Chula Vista spent more than 1,000 days processing a single request involving over 8,000 records that were never ex accessed. The City of Fontana received 112 complex requests from one individual who explicitly stated that their intent was to disrupt municipal operations due to a personal dispute.
- Blanca Pacheco
Legislator
In Donville, one request sought all emails sent to the public over a three-year period.
- Blanca Pacheco
Legislator
An estimated 350,000 emails requiring review review and production. In this example, the requester specified their intent was to gather data to train a large language model AI system. Similarly, other Bay Area agencies have received expansive public records request from gov DPT, a commercial platform focused on government contracting. One request sought five years of all external communications between members of a city council and the public, requiring the collection and review of a substantial amount of records.
- Blanca Pacheco
Legislator
Many online real estate companies use public records to update and add information on their websites using taxpayer funded staff times to support profit generating platforms.
- Blanca Pacheco
Legislator
Regardless of the intent, requests at this scale require significant time and resources to process. These kinds of requests slow down responses for everyone else, including journalists and community members using the system in good faith and pull public employees away from the core responsibilities that residents rely on. This surge has exposed a gap in current law. Currently, timelines are cal are calculated in calendar days, while the work of reviewing happens during business day hours.
- Blanca Pacheco
Legislator
When staff are facing review of 350,000 emails, the calendar day calculation creates a logistical mismatch that makes providing accurate timelines and communicating clearly with request requesters more difficult.
- Blanca Pacheco
Legislator
AB 1821 addresses this issue by calculating response timelines in business days rather than calendar days. While this bill now takes a much narrower approach, the underlying challenge remains. When agencies are overwhelmed by massive commercial or bad-faith requests, other requesters wait longer, and public employees are pulled away from their core responsibilities. And with me today to testify are Eric Lawyer on behalf of the California State Association of Counties and Johnnie, Johnnie Pinawith Cal Cities.
- Blanca Pacheco
Legislator
And they're also here to answer any technical questions and now we'll hand it over to my witnesses.
- Johnnie Pina
Person
Good morning, Chair members. Johnnie Pina. On behalf of the League of California Cities and strong support of AB 1821. A public agencies take the California Public Records Act very seriously. We are committed to transparency, and for most requests, records can be provided within hours, but the volume of and complexity of the requests have grown significantly over the years.
- Johnnie Pina
Person
We are increasingly seeing large scale requests that were previously discussed that require substantial staff time. As it stands now, if a record is requested on a Friday afternoon, agencies only have a week to make the initial response unless they can justify an extension under narrow circumstances. And if the review period includes a holiday, even less time, even less time, since the weekends and holidays don't count towards the deadlines, even though the city of those, city offices are normally closed.
- Johnnie Pina
Person
As requests grow more complex, this comprehensive this compressed timeline, rather, increases the risk, error, and liability. AB 1821 makes a narrow practical clarification by converting the CPRA timelines from calendar days to business days.
- Johnnie Pina
Person
This aligns with the law, with how agencies actually operate, ensuring timelines reflect the actual work, when the staff are available to process the request. It does not reduce access to records or change what may disclose what must be disclosed. We appreciate the author's work and respectfully ask for your aye vote. Thank you.
- Eric Lawyer
Person
Good morning, Chair and members. I'm Eric Lawyer, speaking on behalf of the California State Association of Counties in strong support of AB 1821. The Public Records Act is part of the bedrock and public access laws in California, ensuring the rights of Californians can hold their government accountable on how they conduct the people's business. AB 1821 is a modest but important change to for agency response deadlines to that balances the public's interest in accessing records and public resources.
- Eric Lawyer
Person
We recently conducted a survey of public agencies in California, cities, counties, school districts, state agencies, and others.
- Eric Lawyer
Person
Over the past three years, we have seen a nearly 50% increase in the volume of PRA requests and a 56% increase in the staff time needed to respond to them. While agencies report they respond to routine requests within a few hours or a few days, Many report receiving vast sweeping requests that consume considerable public resources. For example, a county received a request for years of all 911 transcripts requiring them to review years of microfiche in county archives and hundreds of thousands of records.
- Eric Lawyer
Person
The county then had to review and redact personal information from those records. The requester declined to pick up the records once they were available.
- Eric Lawyer
Person
We believe it is possible to achieve a better balance in the public's essential rights to information and ensure public agency can function effectively and efficiently. AB 1821 is a measured and important step towards that balance. Respectfully ask for aye vote. Thank you.
- Kelly Brooks
Person
Kelly Brooks, on behalf of the urban counties of California and the boards of supervisors of Riverside and Santa Barbara Counties, in support.
- Sarah Dukett
Person
Sarah Dukett, on behalf of the Rural County Representatives Of California, in support.
- Dylan Hoffman
Person
Good morning. Dylan Hoffman, on behalf of Public Risk Innovation Solutions Management, in support.
- Lucy Carter
Person
Lucy Salcido Carter with the Alameda County Office of Education in support.
- Ethan Nagler
Person
Ethan Nagler, on behalf of the California Municipal Clerks Association, the California Association of Recreation and Park Districts, the cities of Beaumont, Burbank, Bakersfield, Carlsbad, Corona, Coronado, Eastvale, El Cerrito, Foster City, Mountain View, Rancho Cucamonga, Redwood City, Thousand Oaks, Vernon, and the Marin County Council of Mayors and Council members, all in support. Thank you.
- Brian Ricks
Person
Hello. Brian Ricks with the Los Angeles Unified School District in support.
- Nicole Wordelman
Person
Nicole Wordelman, on behalf of San Bernardino County, in support.
- Luis Sanchez
Person
Chair and members, Luis Sanchez here on behalf of the City of San Bernardino in support.
- Unidentified Speaker
Good morning. On behalf of San Diego Mayor Todd Gloria in support.
- Thomas Umberg
Legislator
Thank you. Others in support of AB 1821, now's a good time. Seeing no one approaching, let's turn to the opposition. If you're opposed to AB 1821, please approach the microphone. Going once, going twice.
- Ginny LaRoe
Person
Thank you. Ginny LaRoe with the First Amendment Coalition. We were in an opposed position previously and appreciate the amendments removing our most significant concerns. We've moved to neutral. Thank the Chair and staff for the discussion.
- Ginny LaRoe
Person
We have a number of groups who also wanted to notice their move from opposed to neutral. So I'll quickly read. ACLU Cal Action, California Common Cause, League of Women Voters of California, the CCNMA, Latino Journalists of California, the Society of Professional Journalists, numerous chapters, the Freedom of the Press Foundation, the Association of Alternative News Media Publishers, and a number of others, including the Environmental Protection Information Center and the Environmental Law Foundation, Immigrant Defense Advocates, and Bien Vicino. And thank you.
- Jack Wursten
Person
Sorry. I'm coming with a late support. Jack Wursten on behalf, on Nossaman, on behalf of the County of Monterey in support.
- Mariela Ruacho
Person
Mariela Rocho, Leadership Council for Justice and Accountability in opposition.
- Ryan Spencer
Person
Ryan Spencer on behalf of the Environmental Working Group in opposition.
- Benjamin Henderson
Person
Benjamin Henderson with the Western Center on Law and Poverty in opposition.
- Thomas Umberg
Legislator
Thank you. Alright. Thank you. I'm gonna turn it over to Vice Chair Niello. I have to go off to another committee.
- Thomas Umberg
Legislator
Thank you Assemblymember Pacheco for bringing lots and lots of attention to this subject. Thank you.
- Roger Niello
Legislator
So we've had all of the testimony, I believe. So we'll bring it back to the committee. Comments or questions? Yes.
- María Elena Durazo
Legislator
Thank you, Mister Chair. I wanna thank the author. I know that we worked together on the Brown Act issues, which took and many of my colleagues from various organizations; it took a lot of just very persistent conversation on something that, you know, you make movement here and trigger opposition here and it was just that constant. But I think that's what's gonna need to happen because, you know, the abuses get in the way of, practicing, you know, our democracy.
- María Elena Durazo
Legislator
So thank you for doing this, and I hope you take it further as long as it takes to get some resolution to us.
- María Elena Durazo
Legislator
So, but thank you. And thank you to everyone who worked on this.
- Blanca Pacheco
Legislator
Thank you. And thank you for those kind remarks, Senator. And, I think this bill is a very important bill. It helps our cities. It helps our counties.
- Blanca Pacheco
Legislator
It helps our school administrators. There's, unfortunately, some bad actors, and so that's what it's supposed this bill is supposed to curtail. But this is a modest change to the PRA, and so I respectfully ask for your aye vote when the time is appropriate.
- Blanca Pacheco
Legislator
I have another one. My last one. And I believe it's still morning, so good morning, Mr. Chair and senators. I wanna thank the committee for all their hard work on this measure. We are happy to accept the committee's amendments. AB 1957 addresses a loophole that has allowed bad actors to suppress the sale price of foreclosed home, depriving homeowners of equity that rightfully belongs to them. In 2020, the legislature passed SB 1079 to create alternative pathways to homeownership through the foreclosure process and prevent corporations from swallowing up foreclosed properties.
- Blanca Pacheco
Legislator
The law created a 45-day post-auction period, allowing qualified entities, such as nonprofits or prospective tenants, to match the highest bid and purchase a property to provide housing rather than flip it for profit. However, fraudulent claimants have exploited that provision by falsely claiming eligibility or using straw buyers to bypass the competitive auction process. Instead of participating in the public auction, they wait until it closes and uses the SB 1079 provisions to outbid the winning bidder by as little as $0.01.
- Blanca Pacheco
Legislator
This manipulation suppresses the final sales price and deprives former homeowners of thousands of dollars in earned equity. AB 1957 restores integrity to the foreclosure process. It ensures that homeowners receive the full value of their equity by clarifying the eligible bidder and eligible property provisions of SB 1079 and provides foreclosure bidders with compensation for lost interest on their bids. By clarifying one qualifies as an eligible bidder, AB 1957 prevents sham organizations from teeing the law.
- Blanca Pacheco
Legislator
Throughout the process, we have worked with opposition to address their concerns. We have made substantial amendments to ensure that legitimate nonprofit organizations may continue to use the SB 1079 provisions. AB 1957 reflects a balanced approach that protects homeowners' equity while preserving pathways to homeownership. And with me today to testify in support is Mike Belote, on behalf of United Trustees Association, also here to answer any technical questions.
- Michael Belote
Person
Thank you, Mr. Chair and members. Mike Belote, on behalf of the United Trustees Association. Five years ago, Senator Skinner had a creative idea, a well-intentioned idea. Everyone admires and respects Senator Skinner. She wanted to bring the possibility of some groups to outbid a foreclosure sale and take property.
- Michael Belote
Person
What no one saw coming though was rampant fraud. You have people claiming to be prospective owner occupants when they're simply fix and flippers, you have people putting up straw buyers to act as tenant purchasers, and you had people actually forming sham nonprofits in order to take advantage of the law. Obviously, no one should stand up for fraud in the law, but the problem is, it goes worse than that.
- Michael Belote
Person
By discouraging people from bidding on foreclosure sales, you drive down the price at the sale. You have people, as Ms. Pacheco indicated, swoop in later and try and grab the property for a low price. This is taking equity away from people who are already losing their homes. It's immoral, it's unethical, and it's time to put a stop to it. I think we have a good bill. We've worked with the community groups. I think they'll tell you they're neutral. We pledge to continue to work with the realtors on the prospective owner-occupant category.
- Michael Belote
Person
No one is trying to deprive people of a chance to buy a home, but fixers and flippers are posing as prospective owner occupants. There's nothing wrong with a fix and flipper, but they should be bidding at the foreclosure sale. We should all want high bids at foreclosure sales so the person losing their home could get some of their equity back. This, I hope, will fix it, and we would ask for an aye vote.
- Roger Niello
Legislator
Others here in support, approach the microphone. Seeing none, now we'll move to the opposition, and it looks like we've got opposition approaching the microphone.
- Brian Augusta
Person
Good morning, Chair and members. Brian Augusta, on behalf of the National Low-Income--let me try that again--on behalf of the National Housing Law Project, part of the coalition of groups that, as Mr. Belote described, we have been working with the author and sponsors to resolve our concerns.
- Brian Augusta
Person
The amendments described in the analysis resolve all of our concerns with the substance of the bill and we are happy that we have been able to work with the author and sponsor to resolve their concerns about fraud while maintaining the core policy that Senator Skinner enacted, and we hope to continue as the bill moves forward to address one outstanding concern, which is some technical issues around the requirements for recording a deed restriction.
- Brian Augusta
Person
But with the amendments that will be taken coming out of this committee, we are-- National Housing Law Project is neutral and the coalition will continue to work on those remaining issues as the bill continues to move. So we urge an aye vote. Thank you.
- Anna Buck
Person
Good morning, Mr. Chair and members. Anna Buck, on behalf of the California Association of Realtors. We appreciate the author's efforts to address concerns with the post-foreclosure bidding process established by SB 1079. However, we must respectfully remain opposed unless amended because the bill eliminates prospective owner occupants from a process that was specifically designed to expand homeownership opportunities.
- Anna Buck
Person
When the legislature enacted SB 1079, one of its central policy objectives was to give California families--not just institutional investors--a meaningful opportunity to purchase foreclosed homes. Removing those prospective owner occupants undermines that objective and shifts the balance back towards larger investors with greater access to capital. We recognize the concerns that some purchasers may falsely claim owner-occupant status. However, we believe those concerns can be addressed without eliminating owner occupants entirely.
- Anna Buck
Person
Instead, we're proposing, in addition to today's amendments, preserving owner-occupant eligibility while adding some meaningful safeguards to the bill. These include requiring the successful bidder to record a declaration that the property will be their principal residence for at least one year, making the occupancy requirement a recorded deed restriction that runs with the property during the period, and imposing meaningful civil penalties of three times the profit gain for misusing the process.
- Anna Buck
Person
These protections preserve the legislature's original goal of promoting homeownership while deterring abuse of the program. California continues to face a severe homeownership affordability crisis. The post-foreclosure process should continue to provide qualified families with an opportunity to compete for these homes, provided appropriate safeguards are in place.
- Anna Buck
Person
For these reasons, we respectfully ask the committee to preserve prospective owner-occupant participation with reasonable enforcement mechanisms and safeguards rather than eliminating owner occupants from the process altogether. Thank you. We look forward to working with the author as the bill proceeds, but today we continue to maintain that oppose unless amended position. Thank you.
- Roger Niello
Legislator
Thank you. Before we move to other MeToo testimonies who oppose, I would like to deputize whoever's standing by that door back there to make sure it fully closes because it's not doing that and the noise is leaking into the room. Thank you very much for that. Others opposed?
- Robert Herrell
Person
Good morning, Mr. Vice Chair and members. Robert Herrell. I'm the Executive Director of the Consumer Federation of California. I'd like to associate my comments with those of Mr. Augusta. We've been part of the process. Appreciate the author and the sponsors for working with us and we anticipate that will continue. Thank you.
- Roger Niello
Legislator
Thank you. Others opposed? Seeing none come forward, we'll bring it back to the committee. Questions or-- there are some amendments. Have you accepted those amendments?
- Roger Niello
Legislator
Very good. Thank you. Questions or comments? Seeing none, when we achieve quorum, I'm sure there'll be a motion. In the meantime, you may close.
- Blanca Pacheco
Legislator
Thank you, and thank you for the opportunity to present my bill, and when appropriate and the time is right, I'd respectfully ask for your aye vote.
- Roger Niello
Legislator
Thank you. So, R comes before W. Assembly Member Ramos. You have AB 1881, I believe.
- James Ramos
Legislator
Well, thank you, Mister Chair. AB 1881, the California Indian Freedom Act of 2026, it seeks to ensure that California Indians can freely practice their religions and spiritual traditions on state public lands. During the this bill to getting here today, we took several amendments. We took out local cities and counties, for League of Cities. We work with the Building Industry Association and came to agreement and made amendments, to the bill, which we continue to honor those, commitments, to the BIA.
- James Ramos
Legislator
California is home to the largest population of Native Americans in The United States, each with its own distinct culture, religion that has predated statehood. That's important to highlight because we cannot put Pan Americanism into the tribal culture and say that one culture fits it all. Each different culture and tribal identity shares its own creation, shares its own stories. So each one is totally different.
- James Ramos
Legislator
Yet for centuries, there has been a long standing policy in this country and in the state that has allowed for the suppression of tribal spirituality, cultural expressions in an effort to assimilate tribal people in The United States and in the state of California that was evident by the first governor putting out bounties on California Indian people that was paid for by state taxpayers dollars.
- James Ramos
Legislator
And we've seen that movement of assimilation move forward with slogans like kill the Indian and save the man, where boarding schools were erected. And in fact, California was home to 13 federal Indian boarding schools that abducted native American children from their families, punish them for speaking their language, and prohibited their spiritual practices. These morning schools resulted in generational trauma, trauma that still continues today. Unfortunately, the legacy of Indian assimilation and cultural suppression still shapes present day policy. It shapes it in the forms of distrust.
- James Ramos
Legislator
Distrust from agencies and those that think that somehow California Indian people are trying to get back everything that was once theirs. We have to look beyond that in 2026. The governor moved forward with a state apology to California Indian people. It's time that the state legislature also moves forward and starts to correct those things of the past that has separated cultural items and lands from the state's first people.
- James Ramos
Legislator
And we continue to look to the ability to conduct customs and traditions on tribal lands within their own traditional areas.
- James Ramos
Legislator
Areas that were taken from them in history, through force, assimilation. What this bill does, it now stands in 2026 to allow California's first people to assemble on California state public property for customs and traditions. And again, I made several amendments that narrowed it down to state public lands. Tribal members are routinely questioned or harassed for wearing regalia or carrying ceremonial items in public places.
- James Ramos
Legislator
Native students and their families still face obstacles or prohibitions on wearing regalia at graduation ceremonies despite state and federal law that gives them that opportunity.
- James Ramos
Legislator
We continue to look for the voice to be heard here in the state of California. AB 1881 aims to afford native Americans the same level of protection for their faith as we do for other religions in this country. In the state of California, we continue to move forward with that voice. A voice that was drowned out in policies that we're up against. A voice that continues to want to be at the table.
- James Ramos
Legislator
A voice that continues to say, we have the right to assemble and practice our customs and traditions in a state in a state whose ancestral lands are traditional lands of Indian people. The bill ensures that state agencies allow access to sacred sites on state lands and permit gathering of traditional plants, foods, and other materials essential to tribal cultural practices. The bill further protects the handling of sacred items and regalia at state grounds, including here at the state capitol.
- James Ramos
Legislator
My office has worked tirelessly with the opposition to address concerns. Concerns since we move forward on the bill that I alluded to that we took.
- James Ramos
Legislator
Worked with the building industry association. Took out cities and counties for League of Cities. We continue to do more, and we're continuing to open up that dialogue to work on issues that can bring us together. Opposition to California's first people's rights to conduct ceremonies on lands that were stripped from them is something that should be afforded here in the state of California in the year 2026. I want to be clear, Mister Chair and members.
- James Ramos
Legislator
In 2026, I have to write a law to give the rightful people of this land the right to assemble and practice their customs and traditions in the state of California. This bill, AB 1881, moves us forward to ensuring that California's first people and their rights are respected in this day and age. I ask that we stand united with California's first people and move forward by supporting their ability to practice customs and traditions on their traditional lands here in the state of California.
- James Ramos
Legislator
And with me here today to testify on the importance of this legislation is Lozen Miranda Brightman on behalf of the native youth forward and Morningstar Golly, CEO and founder of Indigenous Justice.
- Frida Ball
Person
Good morning, Chair and members. My name is Ozan Miranda Brightman, and I am proud to be a native student here in Sacramento. Growing up, I've learned from my family and my elders that being native isn't just about where you come from. It's about carrying forward responsibilities to our culture, to our communities, and to future generations. California has the opportunity to lead with 18 with AV eighteen eighty one.
- Frida Ball
Person
This bill recognizes something that could have been recognized long ago. Native religious beliefs and cultural practices deserve meaningful protection. Protecting sacred sites isn't just about preserving history. It's about making sure native cultures continue to live and grow. As a young native person, I think about the future a lot.
- Frida Ball
Person
I think about the kind of world my generation will inherit and the one we will leave for those who come after us. California Indian children should have the opportunity to lead and learn from their elders in the places that are sacred to their tribes. They should be able to participate in ceremonies, gather traditional materials, and carry forward cultural teachings without worrying that access to those places could disappear. Every generation deserves a chance to inherit not only its history, but also the ability to live its traditions.
- Frida Ball
Person
California has often led the nation by recognizing rights and setting an example for others to follow.
- Frida Ball
Person
Today is another good opportunity to lead by recognizing that protecting access to sacred sites is an essential part of protecting native religious freedom. I hope that when people look back on this moment, they will say California chose to protect native cultures and support future generations and do the right thing. Respectfully, I ask for your aye vote on AB 1881. Thank you.
- Morningstar Galley
Person
Good afternoon, Chair and members. My name is Maureen Star Galli, and I'm a citizen of the Ajamawi Band of the Pit River Tribe in Northeastern California. I serve as executive director of Indigenous Justice, a grassroots organization advancing indigenous self determination, healing justice, and transformative policy rooted in the leadership of native women, youth, and two spirit relatives.
- Morningstar Galley
Person
And in partnership with California tribes and tribal and intertribal organizations, many of which are represented today, I've spent most of my life advocating for the rights of tribal nations and native peoples. I've watched our communities fight for recognition, for justice, and for the opportunity to reclaim what generations before us were forced to lose.
- Morningstar Galley
Person
For more than two decades, many of us have stood together under one message, protect sacred sites, defend human rights. This bill reflects an important step forward in recognizing that equal treatment sometimes requires meaningful accommodations for native religious beliefs and practices. California has a painful history. The genocide committed against California Indian peoples was not only about taking our lives. It was separating us from our homelands, our ceremonies, our languages, and our identities.
- Morningstar Galley
Person
These wounds did not end in the nineteenth century. They continue whenever California Indian people are prevented from accessing the places that make our religious and cultural practices possible. For indigenous peoples, place, language, ceremony, and identity are woven together. They are inseparable because each gives meaning to the other. Without access to these places, we cannot practice our faith, fulfill our cultural responsibilities, or pass these traditions to future generations.
- Morningstar Galley
Person
And unfortunately, those barriers still exist today. I have sat in tribal consultation meetings where California Indian leaders were told if we wanted access to our own ancestral lands, we should sign up for a library pass, the same pass available to the general public, often with a waiting list of more than 30 people and a two week checkout period. This is not meaningful access to our sacred places.
- Morningstar Galley
Person
I've entered state parks only to be told that staff are making an exception by allowing me to enter with a guest pass. Imagine being told you are an exception when you are standing on the homeland your ancestors Thank
- Thomas Umberg
Legislator
Right. That was a little over two minutes. Okay. Oh, yeah. Okay.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Alright. Before we turn to Me Too testimony, I I wanna make an administrative announcement. I see several members of the Assembly here.
- Thomas Umberg
Legislator
I I think that it is unlikely that before we have to break for caucus by the president pro tem, that we're gonna get to probably beyond Assemblymember Ramos' bill here. So if Assemblymember Brian would be next. If you want to wait and take your chances, you're welcome to. But I I think that we're probably gonna go right up till noon. So, alright.
- Thomas Umberg
Legislator
Thank you. If you are in support of AB 1881, please approach the microphone and give us your name, your affiliation, your position.
- Laura Galvin
Person
Hello. Thank you for having today. My name is Laura Galvin. I'm the chairwoman of the Southern Hill Nissan Arm Band of El Dorado and parts of Amador County, and we are in support of AB 1881. Thank you.
- Virginia Martinez
Person
Hello. I'm Virginia Martinez, part of, Southern Hill Nisenan, and I am highly and heart wholeheartedly in favor of 8081.
- Mariah Alari
Person
Good morning, Chair and members. My name is Mariah Kaliska Alari. I am a tribal citizen of the Ione Band of Miwok Indians, and I am in support of this bill.
- Cesar Garcia
Person
Hello. Cesar Gonzales Garcia with the California Rural Indian Health Board representing 70 tribes and 20 tribal health programs in support of the bill. Thank you.
- Crystal Solari
Person
Good afternoon, committee members. I'm doctor Crystal Martinez Solari. I own band member and citizen and former chairwoman of the tribe and also a former board member for Elk Grove Unified School District, the first Miwok woman elected to that seat. And I fully support AB 1881. Thank you.
- Amina Flowerdoo
Person
Good afternoon. My name is Amina Flowerdoo. I am a student at Woleto Native American College at Sacramento State, and I'm here in support of AD 1881. Thank you. Citizen of the Brona Band of Mission Indians, and I support AB 1881.
- Katrina Cantrell
Person
Katrina Cantrell, Western Shoshone, in support of 1881 with grandchildren that are Shoshone in support of eighteen eighty one with grandchildren that are California Indian Pit River Tribe. Thank you. Thank you.
- Gina Graheda
Person
Gina Frisbie Graheda representing the York tribe. We're in support.
- Frida Ball
Person
Frida Ball with the, Kashaya Band of Pomo Indians in support of AB 1881.
- Joshua Myers
Person
Good morning. My name is Joshua Myers. I'm Ho Chunk, Menominee, Osage, and Quapaw and Ho Maui Band, Pitt River. We are proud cosponsors of AB 1881. I'm with indigenous justice, and I strongly support this bill. Thank you.
- Aurora Mameha
Person
Aurora Mameha, Native American Health Center. I am in support of AB 1881.
- Tanya Keough
Person
Good morning. My name is Melanie Anton Gordon, enrolled member to the Tohono O'odham Nation. I am supporting this bill. Thank you.
- Nick Naom
Person
Hi, Yuki. Nick Now Naomi. My support. I'm from the York tribe and I support. Thank you.
- Cynthia Mana
Person
Cynthia Mana. Good job. Panola ville Pamo nation. I'm also the CEO of Native Sister Circle. My name is and I'm also a mother, born and raised here in Sacramento, and I am in strong support.
- Jordan Hinojosa
Person
I'm Jordan Hinojosa. I'm with the Louisville Pomo Nation, and I support
- Tona Miranda
Person
Hello. My name is Tona Miranda. I am from the Yaqui Nation, and I'm the executive director of Native Youth Florida, and we're in strong support. Thank you.
- Tanya Keough
Person
Hi. My name is Tanya Keough. I'm in support of of it. I'm an enrolled member with the Navajo tribe, and I'm with Native American Health Center. Thank you.
- Vanessa Hernandez
Person
Vanessa Escobedo Hernandez. I am the vice Chair of the Norumagwintu tribe. We are also, absolutely in strong support of this bill. Thank you.
- James IV
Person
Hess Mister Chair, members, James Jack on behalf of the Santa ynez Band of Chumash Indians in support.
- Rupena Togia
Person
My name is Rupena Kesa Tesamali Togia. I am the I am a member of the Pit River tribe. I represent the future generations. I strongly support the bill of AB 1881.
- Alex Marion
Person
My name is Glyn Redhotgali. I am a member of the Pit River tribe from the Ajamawi Band, and I strongly support AB 1881.
- Mountain Maidu
Person
Calvin Hedrick. I am Mountain Maidu, and I am the director of policy training and tribal relations for the California Native Oak Project. I'm here in strong support of this bill. Thank you.
- Andrew Cloud
Person
Relatives. Good morning. My name is Andrew Cloud, enrolled member of the Spirit Lake Sioux Tribe in North Dakota, born and raised in Oakland, California. I'm here as a representative of, of the San Francisco Friendship Palace Association of American Indians and here in support of AB 1881. Thank you.
- Sheldon Melson
Person
Good morning, everybody. My name is Dallas Wapipa, and I'm a member of the Kickapoo Tribe of Oklahoma. I'm here on behalf of the Native American Health Center from the Oakland San Francisco area, and I strongly support this bill as a cosponsor for the AB 1881. Thank you.
- Sheldon Melson
Person
Hi. My name is Sheldon William Melson. I'm Choctaw of Oklahoma, and I strongly support this bill of eighteen eighty one.
- Nicholas Garcia
Person
My name is Nicholas Garcia. I'm a resident of Sacramento County. I'm just here in support of the of this bill.
- Kristopher Anderson
Person
Thank you. Hello. My name is Isaiah Sandoval. I am from Stockton, California, and I I fully support this bill.
- Wanda Flores
Person
Hi. My name is Consuela Vargas, and I'm a member of the Pit River tribe of the Hawaii band. And I support this bill, 1881. I think it's important for our children and our people to have our secret sites and not be disturbed. Thank you.
- Savo Femenella
Person
Hello. My name is, Savo Scott Femenella. I'm here representing Afro Indigenous Peoples of Sacramento in support of 1881 in solidarity.
- Yesenia Revancho
Person
Yesenia Revancho on behalf of child poverty California, also on behalf of the Mayaca Hoval, which I'm a part of. Thank you.
- Kate Snow
Person
Kate Snow, Davis Junior Unified School District, Native American education k 12 and title six. Native American education and title six program and Davis Junior Unified.
- Wanda Flores
Person
In support. Wanda Morningstar Pope Flores, member of Buena Vista Runtree of Miwok Indians in support.
- Marco Aguilar
Person
Marco Aguilar, executive director of Anahuacalmeca Indigenous People School in Los Angeles and advisor to the Gabrielino Shoshone Nation of Southern California in support.
- Filiberto Gonzales
Person
Filiberto Gonzales, resident of Senate District 27 in support.
- Caitlin Loveenthal
Person
Hi. I'm Theresa Gomez with the Indian Health Center of Santa Clara Valley, and we're in support as well.
- Adrienne Lent
Person
Hi. I'm Adrienne Lent from Bridgeport Indian Colony in Mono County, California, and we are in support.
- Mina Fardeen
Person
Hi. My name is Mina Fardeen. I'm a San Francisco, California resident, and I'm in support.
- Ashley Foreman
Person
Hello. My name is Ashley Foreman. I am Cherokee Nation of Oklahoma, and I'm registering in support.
- Michelle Shanago
Person
Hello. My name is Michelle Shanago. I'm a member of the Kickapoo Tribe of Oklahoma, and also a part of the indigenous justice team, and I'm in strong support of this bill.
- Thomas Umberg
Legislator
Thank you. Others in support of AB 1881, please come forward. Seeing no one else coming forward, let's turn to the opposition. If you're opposed to AB 1881, please come forward.
- Kristopher Anderson
Person
Afternoon, Mister Chair and members. Chris Anderson on behalf of the California Chamber of Commerce respectfully oppose unless amended. And I first, I wanna start by saying that we are fully aware and very sensitive to the motivations for this bill. Assemblymember Ramos is responding to a time when this state and this country treated Native Americans as less than human. You heard that the purpose of this bill is to restore and maintain access to sacred sites for tribal communities.
- Kristopher Anderson
Person
If that is all this bill did, we would not be here. This bill is about much more than access. It is about the way land and water are managed. And the consequences of this bill would have severe ramifications for the water supply reliability of communities and local economies throughout the state. We are specifically opposed to two sections of the bill.
- Kristopher Anderson
Person
First, the bill would create a private right of action, according standing to any tribe or even an individual member of a tribe to sue the state if they believe that an action the state took involving water substantially burden their ability to exercise their religious beliefs. The standard of the burden of proof would shift to the state and the standard of review would be strict scrutiny. Meaning, it would be very difficult for the state to ever prevail in this litigation.
- Kristopher Anderson
Person
Second, the bill would mandate that the state obtain the informed consent of any affected tribe for any action the state takes involving a project action. Now, CEQA already requires robust tribal consultation, but consultation is different than consent or different than consent.
- Kristopher Anderson
Person
Consent is veto authority. So no matter how how robust the the consultation is, no matter how extensive the mitigation measures at a project proponent takes to address tribal concerns, a tribe could still veto the project. Bottom line, the reason we are opposed to the bill is because it would give any tribe or even an individual member of the tribe the final say over how water is managed and which projects get built. That is why we're opposed. That's why we ask for your no vote.
- Amber Ross
Person
Good morning, Chair and members. My name is Amber Ross. I'm with the Association of California Water Agencies. We also have an opposed unless amended position on the bill, and we align with the comments that were just shared. I'd like to focus specifically on the bill's impacts on water infrastructure to cities and communities across the state.
- Tona Miranda
Person
AB 1881 would apply a strict scrutiny standard to agency actions that may affect the exercise of tribal religion and would require free prior and informed consent before certain actions could occur on state lands. Water bodies would be subject to these requirements. Water agencies oversee and operate critical infrastructure in coordination with state agencies through permitting, environmental compliance, and shared resource management.
- Tona Miranda
Person
This includes major projects such as the site's reservoir project, which is designed to capture and store water for use during critical dry years, as well as the state water project, which delivers waters across California to farms, cities, cities, and, millions of residents. As drafted, if this if the state seeks to construct, repair, maintain, or modify water infrastructure on state lands, a tribe could assert that the action would substantially burden the exercise of tribal religion, and the state would be required to obtain tribal consent before proceeding.
- Tona Miranda
Person
At the same time, California has is establishing collaborative processes to recognize and protect tribal interests in water. For example, the state water board has spent years working with California Native American tribes to develop tribal beneficial uses definitions. These definitions recognize the unique and ongoing relationship tribal nations have with water and ensure that those uses are considered in water quality planning, permitting, and other regulatory decisions. A key question in that process is whether a water body can continue to support cultural, traditional, spiritual practices.
- Tona Miranda
Person
These protections were developed through years of meaningful collaboration.
- Tona Miranda
Person
However, those existing definitions and regulatory process are not reflected in AB 1881. Without the proposed amendments and appropriate guardrails, the bill could create additional uncertainty.
- Thomas Umberg
Legislator
I I heard what you said earlier. You're opposed unless amended.
- Thomas Umberg
Legislator
Alright. Thank you. Okay. Others who are in opposition to AB 1881, please come forward. If you're in opposition to AB 1881, please queue up.
- Alex Marion
Person
Hi. Andrea Abrugell with the California Municipal Utilities Association in opposition.
- Caitlin Loveenthal
Person
Caitlin Loveenthal with the California State Association of Counties in respectful opposition. Thank you.
- Alex Marion
Person
Alex Marion, California Farm Bureau also oppose and less amended. Thank you. Thank you.
- Bob Reeb
Person
Bob Reeb with Reeb, government relations on behalf of El Dorado Irrigation District, Solano County Water Agency, and the Valley Ag Water Coalition. Opposed unless amended.
- Ben Toner
Person
Ben Toner with Axiom Advisors on behalf of the California Building Industry Association. Opposed unless amended. We have one more remaining issue and the author is aware of it.
- Jasmine Vaya
Person
Good afternoon. Jasmine Vaya on behalf of Regional Water Authority in respect for opposition. Thank you.
- Beth Olaso
Person
Beth Olaso on behalf of the Water Blueprint for the San Joaquin Valley Advocacy Fund and Western Growers Association in opposition.
- Melissa Sparks-Kranz
Person
Britney Barsay on behalf of the California Special Districts Association, regrettably in opposition.
- Melissa Sparks-Kranz
Person
Melissa Sparks Kranz with the League of California Cities. We remain opposed unless amended and align our concerns with that of the opposition.
- Ethan Nagler
Person
Ethan Nagler on behalf of the city of Corona in respectful opposition. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in opposition? AB 1881. Come forward, please. Alright.
- Thomas Umberg
Legislator
Seeing no one else coming forward, let's bring it back committee for questions or comments by committee members. I have some, but Senator Durazo, go ahead.
- María Elena Durazo
Legislator
Just briefly, I wanna thank the author. Thank you for presenting the bill and also for your words, to remind us of the history of this of this country and your role. We need that constant education and reeducation. So I just wanna thank you.
- Thomas Umberg
Legislator
Thank you. Alright. Thank you, Assemblyman Ramos. You and I have had conversations about this bill and about other bills with respect to Native Americans. And as we discussed in the last hearing, that we are cognizant of the oppressive behavior on our part.
- Thomas Umberg
Legislator
Our part, meaning legislature's part, with respect to native Americans. And, I I recognize that this bill, addresses a number of those oppressive behaviors. However, as you and I have talked, this also has some implications, I think, beyond which that you and I wanna make sure that we protect. I know you as a person of good faith.
- Thomas Umberg
Legislator
I know you as a person who is concerned about practical implications, and and thus, I'm going to support the bill because basically, I know you're a person of good faith and and and where are the practical implications.
- Thomas Umberg
Legislator
I'm also aware and we've not had much time to work on this, that it could have very significant impacts on water policy, water delivery, and water resources in California. And so, while I'm gonna support the bill today, I think it's gonna get out of committee. If if we don't get some of these big issues resolved, I'm not gonna be able to support it on on the floor. But again, I I know you as a person who will work out these issues.
- James Ramos
Legislator
Well, thank you, for that, Senator. And thank you for the the comments that are there, Mister Chair. Certainly, I think, these issues that we've been, bringing up here in the state legislature, since we we got elected. Certainly, with apology and and some of the other things, changing of law school names, which we worked together on over in San Francisco. And you see the the the community coming out in support of this.
- James Ramos
Legislator
I think what's truly happening is as we start to correct, history, a wrong history against California's first people, we're getting to the point to where the state has acquired those resources and hold them as their own. And yet, the tribal voices are saying, wait, let us conduct our customs and traditions. So what we're really up against is the will of the state of California. How far is it willing to bend? How far are the words that were spoken true?
- James Ramos
Legislator
And so, I continue to work with opposition. The BIA, we we owe another amendment to that which we're gonna do down the process. I do believe that California's first people, the way the resources were taken, they didn't have a voice in that. I do believe that they have the right to practice customs and traditions on state public lands.
- James Ramos
Legislator
And amendments we took earlier took out counties and cities, which that was relayed to me as one of the biggest concerns of League of Cities, so I still see them opposed to that.
- James Ramos
Legislator
We'll go back and and try to see where that's at. This is a a just bill. It's a bill that that here in 2026 that we're lending a voice, a voice to California's people that was left out of the process. Not only left out, but shot and killed for those resources in this land.
- James Ramos
Legislator
I continue and I pledge to continue to work with opposition to see if there's a way that we can come together and to be able to uphold the rights of the state's first people to custom and traditions and assemble.
- James Ramos
Legislator
I think we're also up against areas in the past of distrust. Distrust on the agency side of what tribes are really trying to do. But that distrust is something that goes back deep and ingrained in the state of California with policies that are there. We sit in this legislature with colleagues and and the senators, and I do commit to work with you and to work with with opposition as we move forward. Again, this is a just bill.
- James Ramos
Legislator
And in 2026, it's time that we start to weigh on the side of California's first people and their voices that you heard, who traveled throughout the state to be here, to hear their words. I urge an aye vote when the time comes.
- Thomas Umberg
Legislator
Alrighty. Thank you. I expect that there will be, and and I I concur with you. We we just need to get this water issue resolved, and I think that we'll be in good shape. So, alright.
- Thomas Umberg
Legislator
Thank you very much. And with that, we're going to be in recess until 01:30 when I expect vice Chair Nieva will reconvene us. So thank you.
- Roger Niello
Legislator
Oh, there he is. Okay. Calling the Senate Judiciary Committee to order. We are a subcommittee of one, but it's a mighty one. And first up is Assemblyman Berman.
- Marc Berman
Legislator
Deepfakes. I think I got like six sentences. Six sentences. No. Sorry.
- Marc Berman
Legislator
There are a couple more. Deepfakes are extremely convincing fabricated photos, videos, and audio recordings of someone appearing to say or do something they did not. The ability to attribute speech and conduct and conduct to a political candidate that is false and that never happened makes deepfakes a powerful and dangerous tool in the arsenal of those that want to wage mis and disinformation campaigns.
- Marc Berman
Legislator
That's why the legislature passed my eighty seven thirty back in 2019 to prohibit the distribution of deepfakes and other manipulated media within sixty days of an election, unless the image or recording includes a disclosure stating that it is manipulated. However, this lost sunsets in 2027.
- Marc Berman
Legislator
AB 686 would extend the sunset to January 2031, keeping the law intact for an additional four years. This will ensure that California law continues to dissuade the creation and distribution of nefarious election related deepfakes and other manipulated contact content. I respectfully ask for an aye vote and I have no witnesses. Amen.
- Roger Niello
Legislator
Do we have members of the audience in favor of this bill that would like to speak to it?
- Roger Niello
Legislator
Do we have anybody opposed to the bill that would like to speak to it? Well, we will oh.
- Roger Niello
Legislator
One of your colleagues. Well, we'll bring it back to the committee and by the powers vested in me, I appoint Senator Durazo to be vice Chair. There you go. You just got promoted. It's the only time a Democrat will be vice Chair.
- Roger Niello
Legislator
Right? So, any questions or comments on this bill? Well, eventually, we'll have a quorum and I'm sure somebody will make a motion and we'll vote. In the meantime, you may close.
- Roger Niello
Legislator
Oh, yes. That that bill of Assemblyman Bermans, by the way, file 8, AB 686. And now, we have two bills with Assemblyman Bryan, file 10 and 11. You'll be taking them in order.
- Isaac Bryan
Legislator
Yes, sir. Thank you, Mister Chair and and madam vice Chair. Before I begin, I'd
- Isaac Bryan
Legislator
like to mention that I'm accepting the committee amendments that we took in the privacy committee, but will be processed by this committee. And I'm here
- Isaac Bryan
Legislator
to present AB 1349, a bill that, among other things, in the ends the practice of speculative ticketing in California. This past weekend, some friends and I went to a concert at the holiday or at the the Hollywood Bowl, into the Roots Picnic. De La Soul, the Roots were playing as the band. TI was there. Fun b was there.
- Isaac Bryan
Legislator
It was a fantastic concert. A few months ago, when we were looking for tickets for it, we went online looking for tickets and saw them listed and saw the price and thought there's no way we can go to that. These tickets are way too expensive. And then we realized that the tickets actually hadn't gone on sale yet or on presale, yet they were still listed online. In fact, the website we were looking at said buy quick, selling fast, almost sold out.
- Isaac Bryan
Legislator
We had the patience to wait until the tickets actually went on sale and then bought them then. The reason these were posted online is a practice known as speculative ticketing, which is currently legal in California. And many fans buy these tickets not knowing that they are listed at a price greater than they would actually be when they eventually go on sale. In the worst instances, fans never actually acquire the ticket that they paid for, leaving our small venues in California ultimately on the hook.
- Isaac Bryan
Legislator
Fans show up to a show that they believe they bought a ticket for.
- Isaac Bryan
Legislator
The small venues do not have any record that they do have a ticket, and they're the ones who are forced to turn them away, not holding the marketplace where they bought that ticket that doesn't exist accountable for that. AB 1349 bans speculative ticketing and these, websites that mimic official event platforms that confuse consumers, and it increases the penalties for violators to make sure that consumers are always at the front of mind. This bill prioritizes transparency. It protects consumers.
- Isaac Bryan
Legislator
It supports fans and artists and the experiences that we all love and share.
- Isaac Bryan
Legislator
With me to testify is Randy Nichols, an artist manager and board member of Neto, and Joe Rinaldi, the president of NIVA California.
- Joe Rinaldi
Person
Chair and members, I'm Joe Rinaldi, owner of Music Box San Diego, in president of the National Independent Venue Association and representing more than 650 independent venues, promoters, festivals, and the small businesses that power California's independent live entertainment industry. We're also proud cosponsors of AB 1349. I want to begin by making one thing absolutely clear. We're not Live Nation. We're not Ticketmaster, and we're certainly not the billion dollar secondary ticketing platforms that continue to profit from our business.
- Joe Rinaldi
Person
We're independently owned venues, local promoters, neighborhood festivals, and a family owned and a series of family owned businesses. We hire Californians. We give artists a stage. We create the experiences that bring our communities together. Every ticket sold starts with us, not the resale platforms.
- Joe Rinaldi
Person
That's why it's been so disappointing to hear misleading arguments from companies that don't produce our events, don't operate our venues, and don't invest in our communities, yet continue to profit from a marketplace that too often rewards deceptive practices over transparency. I wanna thank Assemblymember Bryan for his leadership and willingness to engage with stakeholders throughout this process. Arizona provides an important lesson after the state banned speculative ticketing, major resale platforms continued listing speculative tickets, prompting lawmakers to call the attorney general to investigate.
- Joe Rinaldi
Person
California has the opportunity to learn from that experience by ensuring that our laws are not only well intentioned, but truly enforceable against sophisticated platforms. AB 1349 is an important step towards protecting fans from speculative ticketing, deceptive websites, and other abusive practices that undermine confidence in the live entertainment marketplace.
- Joe Rinaldi
Person
This legislation is supported by independent venues, promoters, artists, labor organizations, and consumers because we experience these problems every single day. We don't just talk about the ticketing ecosystem, we live it. For those reasons, we respectfully asked for your aye vote.
- Randy Nichols
Person
I'm Randy Nichols. I haven't had a chance to meet you because indie music groups like the Independent Talent Organization, which I sit on the board of, don't have millions for lobbying. Hearings like this give the voice to the 7,500 artists we represent across the country. The truth is on our side, and it is free for us to share with you today.
- Randy Nichols
Person
A speculative ticket or ghost ticket is one that a seller doesn't own and the marketplace doesn't verify. StubHub and its peers ban these from their terms of service. They just don't enforce it. They list tickets the moment the tour is announced before the real on sale even happens. They spend $950,000,000 a year, so a fan googling a show ends up on StubHub instead of the legitimate source.
- Randy Nichols
Person
These sellers call themselves short sellers. They sell high, then buy cheaper later through b to b broker inventory. Usually, it works. Not at Coachella this year. Not at the World Cup currently.
- Randy Nichols
Person
Many fans flew in from around the world to no tickets. StubHub finds the sellers 200% for tickets they failed to deliver and cover none of the fans costs. They never fix it, but they still get paid. Let me repeat. StubHub still gets paid when they don't deliver tickets to the point of a 200% fine to the seller that they keep and don't pass on to the fan.
- Randy Nichols
Person
They claim they can't verify a real ticket. Cash or trade and TIX will do it. Even the monopoly does it. StubHub chooses not to. When families don't get their tickets, they're forced into arbitration.
- Randy Nichols
Person
StubHub has changed its arbitration notice address six times in the past year. Six times. That can't be a legitimate business. The law simply states that StubHub should follow their terms of service that they are completely ignore. If you don't have a ticket, you can't sell it.
- Randy Nichols
Person
Don't take my word for it. Open your phone and search StubHub and World Cup and you will see the truth.
- Roger Niello
Legislator
Thank you. Are there others here in support? State your name, organization, and position on the bill.
- Jim Cornett
Person
Jim Cornett, owner of Harlow's, The Starlet Room, and Cafe Colonial in Sacramento in support.
- Josh Lieberman
Person
Josh Lieberman, founder of the San Francisco Venue Coalition in support.
- Alex Torres
Person
Alex Torres on behalf of the California Capital Venues Coalition including independent venues in the Sacramento Capital Region in support.
- Roger Niello
Legislator
Thank you. Seeing, no others, we'll move to the opposition. There are primary witnesses, in opposition to the bill. You may proceed.
- Robert Herrell
Person
Good afternoon, Mister vice Chair, members. Robert Harrell. I'm the executive director of the Consumer Federation of California. I'll be brief because I think you only have about a 150 more bills to hear this this evening.
- Robert Herrell
Person
We've had productive conversations with the author and the sponsors on this bill. We we have an opposed position, but the three committees in the Senate that have taken a serious look at this bill, I think, have worked hard to try to improve that. We're gonna reserve the right to see things fully in print over the summer recess, because that's important.
- Robert Herrell
Person
What we've always said for a year and a half, Mister vice Chair to the author, is if he would focus the bill down on truly speculative ticketing abuses, which I think there is almost universal agreement that that is a problem, then we could be somewhere productive. We're getting closer to that point and I want to remain cautiously optimistic.
- Robert Herrell
Person
Although, like, Charlie Brown, I've often tried to kick that football and it always does seem to vanish, thanks to Lucy. So, hopefully, that won't happen here but I'll be back later on a different ticketing bill with a slightly different message. But on this one, I think there is a path to success.
- Roger Niello
Legislator
So, thank you. You're not calling Assemblyman Bryan Lucy, are you?
- Austin Hayward
Person
Good afternoon, Mister Chair and members. Austin Hayward representing Internet Works. We respectfully oppose unless amended, AB 1349. Internet Works represents midsize tech that build and operate online marketplaces. We support strong consumer protections.
- Austin Hayward
Person
We appreciate the significant improvements made in the Senate BNBP Committee. We're still looking forward to seeing the amendments that emerged from center privacy yesterday. We support the bill's ban on speculative ticket sales, and we appreciate the removal of provisions that would effectively codify the dominant ticket sellers private terms and conditions in the California law. However, several important issues remain that make it difficult to enforce and comply with.
- Austin Hayward
Person
The bill assigns different obligations to ticket sellers, resellers, and resale marketplaces, but the definitions overlap in ways that could subject a single platform to multiple and potentially conflicting duties.
- Austin Hayward
Person
That creates unnecessary legal uncertainty and increases the likelihood of litigation. Additionally, some parts of the bill continue to favor vertically integrated companies that control both the primary sale and resale of tickets. Independent marketplace do not do not have the same operational control or access the same information, and we should avoid creating compliance standards that only certain market participants can realistically satisfy, especially in a market that lacks competition as you've heard.
- Austin Hayward
Person
We also wanna make sure the URL provisions of the bill are consistent with existing trademark law. For those reasons, we respectfully oppose AB 1349 unless amended and look forward to continued conversations over the summer. Thank you.
- Roger Niello
Legislator
Thank you. If there are others, in support of the bill, this would be the time to, express that, step up to the
- Roger Niello
Legislator
Excuse me. Opposition. Thank you. Yes. Yeah. Opposed to the bill. Step up to the mic.
- Jaime Minor
Person
Jamie Minor, passing on opposition on behalf of our colleagues at SeatGeek, TickPick, and Game Time. Thank you.
- James Jack
Person
Mister chairman, members, James Jack on behalf of the Coalition for Ticket Fairness. We were previously opposed with the most recent amendments. We have moved to a support position. Thank you.
- Erin Niemela
Person
Mister Chair and members, Erin Niemela representing StubHub. We are opposed unless amended, but hopeful we'll get there.
- Roger Niello
Legislator
Others, in opposition seeing none, come forward. We'll bring it back to the dais. Any questions or comments?
- María Elena Durazo
Legislator
I don't have any particular questions, but, you know, I support you and appreciate that what you're doing for the for the people out there who should be able to trust a system of being able to buy tickets and not have to try to figure out all the way that you're getting all the ways that you're getting scammed. So thank you. And it sounds like more and more, your opposition or tweeners are coming over. So that's a good sign. So thank you.
- Roger Niello
Legislator
We've entertained lots of bills on this subject over the last couple of years and sometimes I find it rather confusing. I think you're getting there. So, you may, close.
- Isaac Bryan
Legislator
In fact, I don't think there's a single bill on this issue that has gotten this far through the process and I'm optimistic we will get all the way through. When I introduced this bill in January, the next month, the president of The United States did an executive order on speculative ticketing. Now, I never thought President Trump and I
- Isaac Bryan
Legislator
And I think after we moved this bill out of the Assembly floor with bipartisan support, including the co authorship of my Republican colleague from Rockland, the governor publicly said that this is the only issue that he and Kid Rock agree on. This bill has been a coalition effort where many folks who often wouldn't usually agree have stepped in together. What you heard today was that both SAG-AFTRA and the California Chamber of Commerce are both in support of this measure.
- Isaac Bryan
Legislator
The Dodgers and the Giants both agree on the approach that we've taken. Kendrick Lamar and Drake are both very happy with this approach.
- Isaac Bryan
Legislator
I'm looking forward to see this get across the finish line and I respectfully ask for your aye vote to help us do that.
- Roger Niello
Legislator
Okay. Thank you. So, when we have a quorum, I'm sure there'll be a motion and we'll vote on it then. Next is item number 11, AB 1655.
- Isaac Bryan
Legislator
Thank you, Mister Chair, Madam Vice Chair. Before I wanna, before I start, I wanna accept the committee amendments and thank the Chair and the committee for their work on this and all of the other bills today. I'm proud to present AB 1655. The CalWORKs program was designed to protect children's basic needs when families are struggling financially. The program provides modest support to help pay for food, rent, clothing, and other essentials.
- Isaac Bryan
Legislator
However, when a child is temporarily absent from the home for longer than thirty days, that support can be reduced or eliminated entirely. In California code, there are some exceptions when this happens. For example, if a child is in the hospital for an extended period of time, it's considered a temporary absence for the duration of the stay even if it's greater than thirty days, and families don't lose their benefits and they're not reduced.
- Isaac Bryan
Legislator
However, for families who have their children detained by ICE and held in a detention center for longer than thirty days, they can lose those critical safety supports that they need and deserve. This bill, AB 1655, protects struggling families even when their children are kidnapped by ICE.
- Isaac Bryan
Legislator
What inspired this bill was thinking often about the five year old boy in Minnesota, Liam Ramos, who was used as bait when he came home from preschool and was shipped to a facility down in Texas, became sick at that facility, and despite court orders, was kept there for longer than he should have been before finally being returned home.
- Isaac Bryan
Legislator
If he had been gone more than thirty days from his home here in California, his family could have suffered financially from that absence, lost their basic social safety net. It's shameful that we have to think of these kinds of policies in this moment, but I think it's important that we do. This bill essentially creates a temporary absence if a child is missing from the home because they have been shipped to a nice detention facility, and it doesn't punish the family for that absence.
- Isaac Bryan
Legislator
With me to testify is Yesenia Robancho with End Child Poverty in California.
- Yesenia Robancho
Person
Thank you, Chair and members. My name is Yesenia Robancho, associate director of policy and strategy at End Child Poverty California. At End Child Poverty, we dare to imagine a liberated future free from systemic racism and poverty where every child experiences dignity, stability, and an opportunity to thrive. That is why we are proud cosponsors of AB 1655, the Protecting Kids from ICE Act. CalWORKs exists to protect children when their families experience financial hardship.
- Yesenia Robancho
Person
But when a parent, child, or other family member is suddenly detained by ICE, families are thrown into crisis. They endure the trauma of family separation while also facing the possibility of losing the very benefits that help keep food in their bellies and a roof over their heads. I wanna be clear about who this legislation is for. According to the Marshall Project, the Trump administration has attained at least 500 babies and toddlers under ICE detention.
- Yesenia Robancho
Person
On an average day under the federal administration, that means 25 babies and toddlers are under ICE detention.
- Yesenia Robancho
Person
As of February 2026, California averaged over 6,400 people in ICE detention every day, the fourth highest total in the nation. At the highest, recent ICE enforcement in Los Angeles, more than 540 people were being arrested each week. While our immigration system is traumatizing children and families, California has a responsibility to ensure safety net programs do not deepen that harm. AB 1655 simply treats immigration detention detention as a temporary absence, allowing families to maintain their CalWORKs during an extraordinary crisis.
- Yesenia Robancho
Person
CalWORKs serves more than 650,000 California's lowest income children and families disproportionately headed by black and Latino mothers.
- Yesenia Robancho
Person
Losing these benefits increases the risk of housing instability, hunger, and deeper poverty. So with that, we strongly urge your support on this important and vital measure. Thank you.
- Roger Niello
Legislator
Do we have others in support of the bill? Step forward. State your name, organization, and position.
- Edgar Guerra
Person
Good afternoon, Mister Chair. Edgar Guerra with SEIU California. Proud cosponsor in support. Also, wanna register support for CHERLA and CROC. Thanks.
- Diana Escamilla
Person
Good afternoon. Diana Escamilla, with the Central American Research Center in support.
- Rebecca Gonzales
Person
Rebecca Gonzales, Western Center on Law and Poverty in support.
- Jeff Neil
Person
Jeff Neil representing the Board of Supervisors of San Diego County also in support.
- Roger Niello
Legislator
Seeing no others come forward, we'll move to the opposition. Primary witnesses in opposition to the bill. Proceed when ready.
- Glenn Allen
Person
Thank you, Chair and committee members for this opportunity to speak. Glenn Allen on behalf of the California Welfare Fraud Investigators Association, also known as CWFIA. CWFIA is in respectful opposition to the bill. I would like to introduce my organization for over fifty years. It is a non profit organization whose main goal is to assure welfare fraud is detected, prevented, and or prosecuted in order to maintain program integrity and trust in public assistance programs.
- Glenn Allen
Person
We are recognized on the state's social services website as stakeholders in public benefit programs. Most of our members are sworn law enforcement officers like myself, and we have many eligibility workers and managers who sit with clients putting out the funds. This bill is missing specific language that would protect the taxpayers money, which funds CalWORKs from fraud. There are two simple steps. A couple words that should be added to the bill.
- Glenn Allen
Person
The reporting person should be required to sign a social services sworn statement form. The president bill just states a sworn statement is sufficient to continue aid or that would just be an oral statement. What happens in these cases, sometimes, recipient files a fair hearing because they don't think they're being treated fairly or the aide didn't come to them, or they becomes a criminal proceeding.
- Glenn Allen
Person
An oral statement is the weakest thing to present in a criminal proceeding or even a fair hearing officer talking to a state fair hearing judge. Second thing that could clean it up, the reporting member should provide the location of the detention facility where the assistance member is detained.
- Glenn Allen
Person
Immigration Customs Enforcement has a public portal to obtain the location of detention. If if not possible, the time of aid, the request for the location should should be provided within thirty days. Continuing aid for the detained family member would be terminated the following month if the location of detainment is not reported. Thank you for your time.
- Roger Niello
Legislator
Thank you very much. Okay. Are there others in opposition to the bill? Approach microphone. Seeing nobody come forward, we'll bring it back to the dais.
- Roger Niello
Legislator
We have increased our, subcommittee by 50%. Any questions or comments? Seeing none, you may close.
- Isaac Bryan
Legislator
Thank you. Just heard these comments from opposition for the first time yesterday, but we're talking to see if there's something that we can do and and we think some of the language of the bill actually already addresses the kind of sworn statement of the temporary absence. Essentially, what this bill does is it makes sure that families who are struggling in California don't lose their basic safety net if their children are kidnapped by ICE and shipped to a detention facility outside of the state.
- Isaac Bryan
Legislator
I don't want that to happen in our state. We know instances like this have happened all across the country, and it's unfortunate that we need to prepare for that kind of reality under this Federal Government, but we are going to.
- Roger Niello
Legislator
Thank you. Now, consulting my alphabet, I believe it would be Assembly Member Hadwick. So, Assemblymewmber Gonzalez, you have two bills. First is item, file item 23, AB 2152.
- Mark Gonzalez
Legislator
Am I ready, Mister Chair? Thank you. Today, I'm here to present AB 2152, a bill that offers you digital streamlining for fire stations and offers sequel streamlining should the project meet basic requirements. I want to thank the Chair and his staff as well as Senate EQ for working with us to ensure that the bill balances valid environmental concerns while offering our brave firefighter personality pathway to bolster fire infrastructure across our state.
- Mark Gonzalez
Legislator
The results of these negotiations have resulted in amendments we will cross the bill, on the to the floor strictly due to timeline issues. These amendments are as follows, changing judicial streamline from three hundred and sixty five days to hundred and seventy days. We will also allow the lead agencies to bypass the consideration of alternative sites and growth introducing, inducing impacts on the IR.
- Mark Gonzalez
Legislator
Lastly, we're amending the bill to adjust the PLA language to reflect the construction of new fire station rather than ongoing maintenance, which does not trigger a CEQA review. In cities like Los Angeles, studies have shown that despite a massive surge in population, service to infrastructure has not caught up.
- Mark Gonzalez
Legislator
62 new fire stations, that is how many new stations LAFD needs to install. And with the last constructed station in LA resulting in two secret lawsuits, a two year delay, and almost 2,000,000 delays cost, we need to offer some path assurance as we are about to invest in hundreds of millions of dollars. With me today to testify in support is Doug Subers on behalf of the California Professional Fire Fighters. Take it away. Yeah.
- Meagan Subers
Person
Hi, Mister Chair. I'm gonna be a stand in today. Megan Subers on behalf of the California Professional Firefighters. I'm proud to be a cosponsor of AB 2152. We are cosponsors with our local, United Firefighters of Los Angeles City, Local 112.
- Meagan Subers
Person
This measure is critical to support community safety and firefighter safety by ensuring that new fire stations can be built efficiently. This measure does so by streamlining the court process. If there is a challenge to an environmental analysis performed as part of the permitting process under CEQA. We are at a time where construction of new stations in California is imperative.
- Meagan Subers
Person
For example, a recent standard of coverage analysis by the International Association of Fire Fighters found that in order to most effectively meet the needs of Los Angeles, the LAFD would need 62 new fire stations throughout the city.
- Meagan Subers
Person
According to this analysis, wide swaths of LA do not have a fire station close enough to meet our goal of four minute response time recommended on our NFPA 1710 , leaving residents without the public safety response they deserve and stretching firefighters to their breaking point. Given this, the firefighters in Los Angeles are working on a measure for the voters to consider dedicated revenue for the fire department to support improved services for the residents of LA.
- Meagan Subers
Person
AB 2152 will help expedite the construction of our fire station, saving time and resources. And for these reasons, we respectfully ask for your aye vote.
- Roger Niello
Legislator
Thank you. Others in support of the bill, come to step up to the microphone.
- Mike West
Person
Mister vice Chair and members, Mike West on behalf of the State Building and Construction Trades Council of California also in support.
- Roger Niello
Legislator
Okay. So now, we'll move to the opposition. Primary witnesses opposed.
- Felipe Fuentes
Person
Good afternoon, Mister Chair, members of the committee. Felipe Fuentes here on behalf of the Associated General Contractors of California in respectful opposition to AB 2152. Let me begin by saying that the Associate General Contractors of California support building fire stations faster, and we generally support CEQA streamlining for critical infrastructure. Our concern is not with the objective of the bill. Our concern is that that it sets this precedent established, whether there's a demonstrated need for creating another category of expedited judicial review.
- Felipe Fuentes
Person
First, this bill continues the legislature's practice of carving out project specific sequel litigation tracks. As a committee analysis notes, the legislature has steadily expanded expedited judicial review to additional project types, and each new exception places additional demands on an already constrained court resources. At some point, we have to ask whether this piecemeal approach is sustainable. Second, we do not believe the record demonstrates a statewide need for this new category. The committee analysis identifies a single Los Angeles fire station project that experienced litigation delays.
- Felipe Fuentes
Person
One difficult project should not become the basis for creating a permanent statewide judicial preference for every qualifying fire station project. Third, existing law already gives CEQA cases calendar preference over virtually all other civil matters. The judicial council continues to oppose these additional expedited timelines because every new statutory preference necessarily pushes other deserving litigants further back in line. The question before this committee is not whether fire stations are important. They absolutely are.
- Felipe Fuentes
Person
But whether this category should receive another special place in an already crowded judicial system. Finally, AGC remains concerned that the bill conditions access to this this judicial streamlining on a project labor agreement requirement. We do not believe labor mandate should become the price of obtaining procedural benefits under CEQA. That that represents a significant policy precedent beyond the issue of fire stations themselves. And for those reasons, we respectfully urge a no vote.
- Richard Marcuson
Person
Good afternoon, Mister Chair and members. Richard Marcuson and on behalf of Western Electrical Contractors Association, echoing many of the concerns of our, colleagues in the Associated General Contractors. We actually think the bill is a little bit of a solution in search of a problem. And for purposes of the sponsors who point out the need for additional construction in Los Angeles, which may well be the case, I'd like to point out that this County Of Los Angeles has a broad project labor agreement already in place.
- Richard Marcuson
Person
So any of the construction that would take place on county facilities in the County Of Los Angeles would already covered by the county's project labor agreement.
- Richard Marcuson
Person
There's no logical explanation of why a very good sponsor, that wants to improve construction of facilities, for their county would demand the same requirement for all 57 other counties that may not have the same demand for project labor agreements. For that reason, we get strongly opposed to the measure and urge a no vote.
- Roger Niello
Legislator
Thank you. Thank you. Others, opposed? For Me Too testimony, seeing no one, come forward we'll bring this back to our subcommittee. Any questions or comments? Well, we'll have a quorum eventually and I'm sure somebody will move it and then we'll vote. You may close.
- Mark Gonzalez
Legislator
Thank you, Mister Chair. At the end of the day, this bill is about something pretty simple, making sure firefighters can do their job safely and efficiently. Right now, the demand is growing. The infrastructure is aging and the gap between the two is getting harder to ignore. We can either keep delaying critical projects or we can be honest about the consequences of that delay. Because when a fire station is held up, it's not just paperwork installed, it's response times, it's emergency care, it's live.
- Mark Gonzalez
Legislator
Yep. Thank you, Mister Chair and members. First, I would like to thank the committee staff for their work on this bill. I'm pleased to present AB 2418, which will streamline non residential and commercial building permit applications by creating timelines for plan reviews and inspections of group b occupancy buildings. It also allows if a local agency can't complete a plan check after an excessive delay for an applicant to use a private plan checker.
- Mark Gonzalez
Legislator
California's local agencies face extreme plan checking delays due to combination of staff shortages and unpredictable work loads. These delays increase cost and make it harder for businesses to complete new construction, simple, improved products, or critical expansions. All across the state, even a routine tenant improvement can face a plan checkup inspection delay or up to eight months leading to immediate and costly impacts. This does not only harm property owners, but it also to the small business owners trying to lease these spaces.
- Mark Gonzalez
Legislator
Small businesses, especially in historic ethnic enclaves, like My District, Chinatown, Koreatown, Little Tokyo, historic Filipino town, Pico Union, Boyle Heights have been hit the hardest.
- Mark Gonzalez
Legislator
Increasing delays means increasing costs. When these businesses are just hanging on, one delay permit could leave doors chained and windows shutter, another business loss because of California's bureaucracy. This bill will tackle delays by mimicking streamline housing permitting process and cutting through the red tape. First, requiring local agencies to provide an applicant with an estimated timeline.
- Mark Gonzalez
Legislator
Second, requiring local agencies to up to, upon request, contract with their employee third party plan checker if the estimated timeline they gave results in an excessive delay or thirty days, all at the applicant's expense.
- Mark Gonzalez
Legislator
And third, if a third party plan checker is used, it requires a local agency to issue a permit to an applicant within ten days of receiving the report from the private plan checker to notify the applicant or, non compliant aspects of their plan. Fourth is project local agencies by requiring any applicant with use of a private plan checker to identify the local agency.
- Mark Gonzalez
Legislator
By creating predictable timelines and reliable backup option for when accessibility has happened, AB 2418 will reduce the cost and help our local business thrive. Primary witnesses in support, Skyler Wanakop with the California Business Property Association and Chris Bowen from Building Owners and Managers Association, BOMA, Greater Los Angeles. Take it away.
- Skyler Wanakott
Person
Good afternoon, Mister Chair members. Skyler Wanakott on behalf of the California Business Properties Association, the proud sponsors of AB 2418. AB 2418 provides local planning desk and building permit departments with an additional tool to help ensure plan checks are completed in a timely manner. It builds on recent legislative efforts to streamlining the plan checking process on the residential side and extends those same provisions to the commercial side.
- Skyler Wanakott
Person
AB 2418 allows a building applicant at the applicant's expense expense to use a qualified third party plan checker if there's an excessive delay, identified over fifty business days.
- Skyler Wanakott
Person
Local agencies already use third party plan checkers. This is a straightforward narrowly targeted bill and we request your eye vote. Thank you.
- Christopher Nakil
Person
Good afternoon, Chair and members. My name is Christopher Nakil BOEMAGLA represents nearly 2,000 members responsible for managing more than 135,000,000 square feet of commercial real estate throughout the Greater Los Angeles region, and we are proud to cosponsor AB 2418. First, I'd like to thank Assemblymember Mark Gonzalez for authoring this important legislation and for his leadership in championing Downtown Los Angeles and California's economic future. California is asking commercial real estate to help revitalize our downtowns and commercial corridors.
- Christopher Nakil
Person
Our members are ready to invest millions of dollars in safe, more efficient, modern buildings.
- Christopher Nakil
Person
But one of the biggest barriers isn't California's building code. It's California's permitting process. At a time of record office vacancies, declining property values, and challenging financing, even routine tenant improvement projects can sit in the permitting process for months. Every delay means vacant space stays vacant longer. Businesses wait longer to open.
- Christopher Nakil
Person
Construction jobs are delayed and investments look elsewhere. This is not a conversation California should be encouraging. AB 2418 offers a practical solution. It preserves California's rigorous building and safety standards while providing a more efficient, accountable permitting process through a qualified third party plan review when local timelines cannot be met. Downtown Los Angeles and Hollywood are economic engines for the entire state.
- Christopher Nakil
Person
If we want investment, jobs, and economic recovery, we cannot let avoid avoidable permitting delays stand in the way. On behalf of BOMA Greater Los Angeles, I respectfully ask for your aye vote on AB 2418. Thank you.
- Roger Niello
Legislator
Thank you. Anybody else in support of the bill? There he is. Get your name, position, organization in position.
- Felipe Fuentes
Person
Good afternoon, Mister Chair. Felipe Fuentes here on behalf of the associate of general contractors. This is the California chapters and happy support.
- Adam Ragley
Person
Back, good afternoon, Chair and members. Adam Ragley on behalf of NAAP SoCal, cosponsor in support. Thank you.
- Unidentified Speaker
Mister Chairman Horacio Gonzalez on behalf of California's Business Roundtable in support.
- Unidentified Speaker 037
Pete Conley with Weinerman Group on behalf of Supply Chain Federation in support.
- Unidentified Speaker 038
Good afternoon, Chair and members. Jacob Brim with the California Retailers Association in respectful support.
- Roger Niello
Legislator
Any others in support? Seeing none come forward. Do we have witnesses in opposition to the bill? And seeing no one come forward or opposition?
- Unidentified Speaker 039
Sarah Bridges on behalf of the California Manufacturers and Technology in support.
- Roger Niello
Legislator
Thank you. Yay. One more time for anybody opposed. Going once, twice, three times. Back to the committee.
- Roger Niello
Legislator
Questions or comments? We get one closer to a quorum and then one less away from a quorum. Any questions or comments?
- María Elena Durazo
Legislator
Just a comment that we worked, together in local gov and, the author was very responsive to the issues raised. So I appreciate that. And for those reasons, I will be supporting. Thank you.
- Roger Niello
Legislator
Thank you, man. Thank you. We'll get a quorum eventually. I promise.
- Mark Gonzalez
Legislator
Thank you, Senator. And thank you, Mister Chair. Respectfully ask for I vote. Amen. Amen.
- Roger Niello
Legislator
So I have a message that Assembly member Pellerin has a witness that has to leave. And Hadwick and Gabriel evidently agree, but so does Jackson have to consent to that.
- Gail Pellerin
Legislator
No. No. No. No. I have two bills, so I'm only doing it for this one.
- Gail Pellerin
Legislator
See? Okay. Alright. Hello. First, I'd like to thank the committee staff for their work on this bill.
- Gail Pellerin
Legislator
As the analysis states, I'm accepting amendments to address First Amendment concerns identified by committee staff and to clarify the judicial
- Gail Pellerin
Legislator
Yes. Item 56. Yes. Okay. So, I am accepting the committee amendments to address First Amendment concerns identified by committee staff and to clarify the judicial review procedures available to voters.
- Gail Pellerin
Legislator
Current law allows a candidate running for a federal, state, or local office to have a candidate statement included in the voter information guide. Candidate statements are limited to a recitation of the candidate's own personal background and qualifications and are prohibited from making reference to any other candidates for office or to another candidate's qualifications, character, or activities.
- Gail Pellerin
Legislator
Despite this law, the state voter information guide for the June statewide primary included a gubernatorial candidate statement that did not describe the candidate's background or qualifications, but instead consisted of inflammatory, conspiratorial, controversial, and offensive content. The state voter information guide is an official government publication relied on by millions of Californians to make informed voting decisions. The inclusion of misleading, inflammatory, irrelevant, or harmful content in candidate statements undermines voters trust and and the integrity of the electoral process.
- Gail Pellerin
Legislator
AB 1853 establishes clear and enforceable standards to ensure candidate statements remain factual, relevant, and appropriate for an official state publication while respecting constitutional protections of free speech. Specifically, the bill limits candidate statements in official state and county voter information guides to information about a candidate's own education, professional experience, community involvement, and qualifications for office. It bans links to external content, false and misleading claims, and content that is profane, vulgar, or threatens or incites violence.
- Gail Pellerin
Legislator
Additionally, it allows elections officials to reject a candidate statement that does not comply with these requirements and gives the candidates opportunity to fix those problems with their submitted statement. And the bill permits any voter to seek judicial relief to enforce these requirements and requires a court to give priority to such actions.
- Gail Pellerin
Legislator
Testifying with me today is Daniel Felicitado I can't even say this. Felizado, special assistant district attorney from Los Angeles County, and Cliff Berg with governmental advocates on behalf of Jewish California.
- Cliff Berg
Person
Thank you, Mister Chair, Members of the committee. Cliff Berg here on behalf of Jewish California, formerly JAPAC, the nation's largest statewide coalition of Jewish organizations, and the Jewish and Interfaith Organizations who also have indicated and asked us to indicate their support in for 1853 by Assemblywoman Pellerin, which ensures that hate speech, antisemitism, and targeted attacks against any community have no place in California's official voter guides. Representing over 40 leading Jewish community organizations across the state, Jewish California serves as our community's unified voice in Sacramento.
- Cliff Berg
Person
Our member organizations, including Jewish Federations, Jewish Community Relations Councils, Jewish Family Services Agency, others, collectively serve hundreds of thousands of Californians of all backgrounds and represents the interests of California's 1,200,000 Jews. Earlier this year, the California's official voter information guide for the June 2026 primary was mailed to 23,000,000 registered voters.
- Cliff Berg
Person
Tucked inside this that state issued document was a candidate statement containing anti Semitic conspiracy theories, white nationalist rhetoric, and links to websites filled with racist racist, homophobic, and other hateful content. It appeared under the seal of the state of California, indistinguishable in this presentation from every legitimate statement that supported that surrounded it. This occurred at a moment when hate targeting vulnerable communities is surging across California and the country. AB 1853 responds directly to this problem.
- Cliff Berg
Person
The bill limits candidate statements and official state and county guides to information about a candidate's own education, professional experience, public service, community vol involvement, and qualifications for office that bars attacks on individuals or groups and links to its external content, false or misleading statements, and hateful or discriminatory content.
- Dan Filizado
Person
Next. Mister Chairman, Members, Dan Filizado on behalf of the Los Angeles County District Attorney's Office. As the author and witnesses have said, existing law is deficient in that it allows for the spread of hate filled messages in official state publications. When the secretary of state mails out these candidate statements in an official government publication, It provides those statements with a greater credibility than that type of rhetoric deserves.
- Dan Filizado
Person
The inclusion of these hate filled statements in official publications of the state of California can spur further violent hate incidents committed by individuals who are inspired by the reading of these hate filled candidate statements.
- Dan Filizado
Person
In law enforcement, we are constantly dealing with individuals committing hate crimes who profess, I was inspired to do this by some other, individual. When the state of California sanctions this and mails these types of statements out to individuals at taxpayer expense, that is wrong. The secretary of state correctly notes that under existing law, they don't have a lot of authority to prohibit this. That doesn't mean that we shouldn't amend the law to prohibit these types of statements like the ones we saw in the June primary.
- Dan Filizado
Person
1853 is a common sense measure that would provide California elections officials with the authority they currently lacked to stop the inclusion of these vile statements from being printed and distributed in official government publications.
- Dan Filizado
Person
We respectfully ask for your aye vote and happy to answer any questions.
- Roger Niello
Legislator
Thank you. Others, in support of the bill, step forward to the microphone. Seeing none, step over. Step forward, we'll go move to the opposition. Primary witnesses opposed to the bill, seeing none come forward.
- Roger Niello
Legislator
Anybody else in opposition to the bill, Seeing none come forward, we'll bring it back to the dais. Questions? Yes, Senator Wahab.
- Aisha Wahab
Legislator
Thank you. I would like the author to state what she's done for a living for twenty years.
- Aisha Wahab
Legislator
Okay. And I specifically highlight that because, you know, we talk about our elections and protecting our elections, but we also have to protect the truth and also civility in a lot of ways. I think we saw a Senate colleague who was walking through a park and literally just harassed for walking. And I wanna highlight this because, you know, we see, you know, things on social media.
- Aisha Wahab
Legislator
We see also there's a lot of individuals that can use false information when running, and so we have to kind of preserve the integrity of our elections, preserve the integrity of the truth, and making sure that voters, are able to vote based on the correct information presented in front of them.
- Aisha Wahab
Legislator
And one of that is this. It is disappointing to hear the reason why this is needed. So with that, when appropriate, I will make the motion. And again, really appreciate the author for bringing this forward.
- Gail Pellerin
Legislator
Well, that was a beautiful close in and of itself. I respectfully ask for your aye vote. Thank you so much, and thank you to my colleagues for letting me jump the line.
- Roger Niello
Legislator
Thank you. So next, I think is Assemblymember Hadwick just disappeared. Assemblymember Gabriel. Yes. G is before h.
- Jesse Gabriel
Legislator
Thank you very much. Good afternoon, Mister Chair and colleagues. I'm pleased today to present AB 187, which would prevent state resources from being commandeered to advance the Trump administration's dangerous and chaotic immigration agenda. Since June 2025, federal agents have conducted sweeping indiscriminate enforcement operations across California and our nation, deploying unmarked vehicles, wearing masks, and carrying heavy tactical gear.
- Jesse Gabriel
Legislator
These operations have taken place in workplaces, near residents, in previously recognized sensitive locations, and in some cases, on state owned property, including CSU and community college facilities.
- Jesse Gabriel
Legislator
They have often unfolded in front of children, families, and community members. The events in Los Angeles, the deadly violence in Minneapolis, and the pattern of reckless federal enforcement activity across this country demand a response. California cannot stand idly by allowing our own property to become a base for operations that terrorize our communities. AB 187 would prohibit the use of state owned property, including parking lots, vacant lots, and garages for federal immigration enforcement operations, such as staging, processing, or detention activities.
- Jesse Gabriel
Legislator
The use of state owned property to facilitate federal immigration in operations interferes with California's authority over its own resources, property, and personnel, and undermines public trust and confidence.
- Jesse Gabriel
Legislator
Simply put, we cannot be complicit in federal actions which incite chaos and violence and harm our communities. AB 807 is supported by a robust coalition of labor, immigrants rights, legal aid, and civil rights organizations, and I'm very pleased to have with me today to testify in support of the bill, Shuming Chier, on behalf of the California Immigrant Policy Center, and Annika Wallace, the president of SEA SEIU Local one thousand. Thank you. And at the right moment, respectfully request an Aye vote.
- Shiu-Ming Cheer
Person
Hi. Good afternoon. My name is Shiu-Ming Cheer, and I'm a Deputy Director with the California Immigrant Policy Center. We're proud to cosponsor AB 187 because it preserves state resources, in this instance, state owned property, for their intended purposes of serving Californians rather than mean tanking over for harmful and frequently unlawful federal immigration enforcement actions.
- Shiu-Ming Cheer
Person
Courts have repeatedly found state laws such as s p 54, which prohibits state law enforcement agencies from using their resources or personnel to engage in immigration enforcement, to be fully legal based on the tenth amendment's anti commandeering principle.
- Shiu-Ming Cheer
Person
Specifically, the Federal Government cannot compel state officials to enforce federal immigration laws or use state resources such as property to carry out federal priorities. AB 187 is critical to protecting the safety and rights of all Californians as we experience unprecedented aggressive and militarized federal immigration enforcement actions, typically conducted by agents without identification, judicial warrants, or regard for constitutional rights.
- Shiu-Ming Cheer
Person
These mass raids and indiscriminate arrests have been conducted on public streets, hospitals, businesses, and swap meets, and even in front of court houses, places of worship, and schools. These federal immigration operations that are taking place in public spaces, including on government owned property, endanger public health and safety, and impede and disrupt the ability of the state to provide essential services and information to families and residents.
- Shiu-Ming Cheer
Person
California is well within its rights to determine the uses of property which it owns and to control access to these properties.
- Shiu-Ming Cheer
Person
For these reasons, I urge you to vote I on AB 187 and join the nearly 60 immigrant justice, Labor Union, and civil rights organizations who are supporting this bill. Thank you.
- Anika Walls
Person
Proceed. Good morning, Chair and Members. My name is Anika Walls. I'm a state employee for the Department of Social Services, and I'm the proud president of SEIU Local one thousand here and today to support AB 1807. Local one thousand is California's largest state employee union.
- Anika Walls
Person
We represent nearly a 100,000 employees across 10 bargaining units who work on over 1,400 worksites. AB 1807 ensures that our buildings, our parking lots, and our public grounds are not repurposed for basis of operation for federal enforcement activities and have that have nothing to do why that have nothing to do with why those facilities were built.
- Anika Walls
Person
When, state property is used as a staging area for immigration enforcement operations, it intervenes and disrupts access to the public and the work that our members are there to do. It threatens vulnerable community members and undermines trust in state government. To ensure that California retains the trust of public employees and all Californians, the state as an employer should have clear protocols and procedures in place to respond to immigration enforcement concerns on state property.
- Anika Walls
Person
This bill helps provide that clarity. For these reasons, SCIU Local one thousand supports AB 187 and is grateful to Assemblymember Greg Gabriel for his leadership on this important issue. Thank you for your consideration.
- Roger Niello
Legislator
Thank you. Others in support? Broach microphone. Name, organization, position.
- Krista Ramos
Person
Krista Ramos with the California Immigrant Policy Center on behalf of our coalition partners, Public Council, Working Partnerships USA, La Defense, California Healthy Nail Salon Collaborative, Change Begins With Me, Indivisible, Californians United for a Responsible Budget, Courage California, the Coalition for Humane Immigrant Rights, CHIRLA, and End Child Poverty California. Thank you.
- Elena Jimenez
Person
Elena Jimenez registering support for ORALE, Friends Committee on Legislation of California, Oakland Privacy, South Bay People Power, New Light Wellness, Inland Coalition for Immigrant Justice, Services, Immigrant Rights and Education Network, SIREN and Immigrant Defenders Law Center. Thank you.
- Sarah Brennan
Person
Sarah Brennan with the Weideman Group on behalf of NextGen California and Valor US in support. Thank you.
- Cleo Bluthenthal
Person
Cleo Bluthenthal on behalf of the California Community Foundation in strong support.
- Cameron Sasai
Person
Afternoon, Chair, Members. Cameron Sasai with the California Immigrant Policy Center, proud cosponsor, Russian support for Majdall, Arab Community Community Center of San Diego and Empowering and Marginalized Asian Communities, EMAC. Thank you.
- Diana Escamilla
Person
Good afternoon. Diana Escamilla with the Central American Research Center, CARESN, in support.
- Ana Santiago
Person
Good afternoon. Ana Maria Santiago with Mesa Verde Group, on behalf of Inclusive Action for the City, in support. Thank you.
- Lan Lei
Person
Good afternoon. Lan Lei, on behalf of Asian Americans Advancing Justice, Southern California, in strong support.
- Rebecca Gonzales
Person
Rebecca Gonzales, Western Center on Law and Poverty in support.
- Roger Niello
Legislator
Any others in support? Seeing no one come forward. Are there primary, witnesses in opposition? Seeing no one come forward. Anybody else who wishes to express opposition?
- Roger Niello
Legislator
Seeing no one come forward bring it back to the diocese. Any questions or comments? Okay. You may close. Thank you very much.
- Jesse Gabriel
Legislator
I just wanna appreciate all of the incredible witnesses and advocates who have worked on this and at the appropriate time would respectfully request your aye vote.
- Jesse Gabriel
Legislator
You may proceed. Thank you very much, Mister Chair and colleagues. I am pleased today to present AB 2244 legislation designed to empower Californians to make foods. In recent years, doctors and scientists have increasingly warned us about the negative health consequences of ultra processed foods, which have been linked to serious health harms, including cancer, cardiovascular disease, diabetes, metabolic disorders, reproductive harm, and neurobehavioral issues in children's.
- Jesse Gabriel
Legislator
These products are often filled with harmful additives and specifically engineered to interfere with our brain signals in ways that contribute to food addiction.
- Jesse Gabriel
Legislator
In recent years, California has emerged as a national leader in addressing the growing health risk associated with ultra processed foods. Last year, governor Newsom signed into law the Real Food Healthy Kids Act, bipartisan legislation that established a framework to phase out dangerous ultra processed foods from California schools. It was a historic win for our kids and for public health, and it passed with almost unanimous bipartisan support. Despite this project, more progress, more work is needed to protect our kids.
- Jesse Gabriel
Legislator
And so now it's time to address ultra processed foods in our grocery stores.
- Jesse Gabriel
Legislator
In particular, consumers continue to face real challenges in identifying healthier food products. Ingredient lists are often long, technical, and incomplete, leaving families without clear accessible tools to distinguish between minimally processed and highly processed foods. Our view is that parents shouldn't need a PhD in chemistry to understand what they're feeding their kids. That's why we introduced AB 2244.
- Jesse Gabriel
Legislator
This bill would establish a non ultra processed certified seal that food manufacturers could place on products that meets clear, science based standards for not being ultra processed.
- Jesse Gabriel
Legislator
Modeled after the successful and widely recognized USDA organic label, the seal would provide consumers with a simple, trustworthy way to identify healthier options with a quick glance. The bill also would require large grocery chains in California to display these healthier products in a prominent area so that busy shoppers can find healthier options quickly and conveniently. AB 2244 is a common sense approach that will enable consumers to quickly compare products and empower them to make better informed choices.
- Jesse Gabriel
Legislator
This bill will also allow manufacturers to highlight healthier products and rewards companies that are doing the right thing. And so doing this bill will address the dangers of ultra processed foods, but in a way that strengthens consumer choice, drives innovation, and promotes healthier options across the food supply without banning any products.
- Jesse Gabriel
Legislator
I also want to highlight that we have had productive conversations with opposition and are proud to have moved the California Grocers Association from opposition to support. Finally, I want to thank the many medical researchers and public health advocates who have worked in close partnership with us on this bill.
- Jesse Gabriel
Legislator
I'm proud that it's supported by a coalition that includes the California Medical Association, the American Academy of Pediatrics, the American Diabetes Association, the American Heart Association, the Crohn's and Colitis Foundation, United Nurses Association of California, the California Grocers Association, and many more. Pleased to have with me today to testify in support of the bill. I think he slipped into the hearing room right in time.
- Jesse Gabriel
Legislator
Ryan Spencer with the environmental working group. And so unlike Mister Berman, I do have witnesses. Thank you and respectfully request your Aye vote.
- Ryan Spencer
Person
I'm not. No. My better half is at home. Good afternoon, Mister Chair, members of Ryan Spencer on behalf of the Environmental Work Group sponsors AB 2244. Unfortunately, our primary witness, doctor Shilpa Matthew Matthew, a physician board certified in both obstetrics gynecology and lifestyle medicine, as well as a mother and former practicing attorney had to leave early.
- Ryan Spencer
Person
In her absence, I'd like to read an abbreviated modified version of her statement. This bill is important to doctor Matthew for a variety of reasons, herself, her patients, and her daughter. It's undeniable that California leads the world to innovation, technology, and medical advances, yet we continue to struggle with rising rates for venal chronic disease. We spend more on health care than most other nations, but too often we treat disease instead of preventing it.
- Ryan Spencer
Person
We have an opportunity to change that today by helping make healthier choices easier to find.
- Ryan Spencer
Person
In her clinics, doctor Matthew counsels patients about how diets and ultra processed foods increase the risk of diabetes, heart disease, cancer, and other chronic illnesses. But she spends only fifteen minutes with the patient, their schools, workplaces, grocery stores, family, friends, and the policies we create influence them for the other hours of the day. That's why she and her fellow physicians applaud California's leadership.
- Ryan Spencer
Person
AB 2244 creates a simple voluntary way for consumers to identify foods that are not ultra processed using the definition that was created by AB 1264 by Samuel Gabriel last year and approved by the legislature near unanimously, making healthier options easier to find while respecting personal choice. As physician advocate in lifestyle medicine, doctor Matthew sees every day how our food environment affects her patients and in the context of pregnancy, their unborn children.
- Ryan Spencer
Person
As a mom, she knows how difficult it is. It can be to make health choices in a busy world. And as a former attorney, she truly appreciates the unique role legislators play in protecting public health and giving people the information they need to make informed choices. Creating a healthier society takes more than medical care in the clinic. It takes all of us.
- Ryan Spencer
Person
After today, we hope to look back on this vote as one that helped change the health of our nation and recognize that California led the way. I'd like to thank Asimmar Gable for being the leader on this issue and respectfully ask for your aye vote. Thank you. Thank you.
- Roger Niello
Legislator
Are there others to wish to speak in favor of the bill? If so, approach the microphone. State your name, organization, and position.
- April Robinson
Person
Good afternoon. April Robinson with the Voice for Choice Advocacy and support and wanna thank the member for all of his hard work on these bills. Thank you.
- Angela Hill
Person
Good afternoon. Angela Hill with the California Medical Association in support.
- Chloe King
Person
Chloe King with Political Solutions on behalf of the American Academy of Pediatrics in support. Thank you.
- Carlos Gutierrez
Person
Mister Chair, Members, Carlos Gutierrez here on behalf of the California Grocers Association in support.
- Brent Spencer
Person
Brent Spencer again, the California Medical Association, California Podiatric Medical Association, the Crohn's and Colitis Foundation, and the Office of Cat Taylor all in support.
- Roger Niello
Legislator
Any others in support? Seeing no one come forward. Is there a primary witness in opposition to the bill?
- Margie Lie
Person
Good afternoon. Margie Lie, Stanson Advisors on behalf of the California League of Food Producers. I'll just keep this very brief in light of your day today. And our letter goes into further detail. But and some CLFP members have strong concerns regarding the duplicative nature of this label, considering other existing private labels and the timing of the certification due to lack of regulatory definition for restricted school foods.
- Roger Niello
Legislator
Thank you. Others in opposition to the bill. Come forward to the microphone, name, organization position.
- Marisol Buslama
Person
Good afternoon. Marisol Ibarra Buslama with Consumer Brands Association in opposition.
- Sarah Bridges
Person
Sarah Bridges on behalf of the California Manufacturers and Technology Association in opposition.
- Roger Niello
Legislator
Any others in opposition? Seeing none come forward, bring it back to the subcommittee. Any comments or yes. Senator Wahab.
- Aisha Wahab
Legislator
I'd like to ask the author. Were you the author that banned Red Dye number 40?
- Jesse Gabriel
Legislator
It was yeah. Red Dye number three that we banned. And then Red Dye number 40 in schools.
- Aisha Wahab
Legislator
Okay. And so, you know, I will tease you a little bit. I love my Red Hot Cheetos. Right? And very disappointing to see them and not the bright colors.
- Aisha Wahab
Legislator
Right? But I fully agree with you. I think that we'll all adapt. The reality here in this building and just in The US is that if you take a look at Europe and how many chemicals they have banned from just doing their agricultural work and food in general, they have limited what they can use. Right?
- Aisha Wahab
Legislator
Growing, food. We have literally several times as much that we allow. And then we also allow far more drugs to prevent and stop diabetes and ensure weight loss and do all of these other things. So we are literally pumping the population with the drugs and chemicals. Right?
- Aisha Wahab
Legislator
And I think that this is more of an appropriate approach to be able to really tackle it from the root. So I do wanna commend you for the work that you've done in this space. I think this is a space that's that's very difficult with so many stakeholders and so many interest groups. But with that, I will move the bill and again appreciate your work on this. Thank you.
- Jesse Gabriel
Legislator
Yeah. Thank you very much, and I just wanna appreciate my colleague. Thank you for your thoughtful comments. And I will just note, you know, we have, as you mentioned, done a couple of bills that have, restricted chemicals, restricted out of additives. We decided this year we wanted to do, a less, or maybe a more permissive approach, I'd say.
- Jesse Gabriel
Legislator
And so this really just is about cons giving consumers information, and then people can make choices for themselves about what they wanna buy, what they wanna feed their kids, what they don't wanna feed their kids. It's about giving them information. So with that, we think that this is a a thoughtful approach. We're so grateful to have the support of all of the doctors and the people that are responsible for taking care of our kids. And with that, I would respectfully request an Aye vote.
- Roger Niello
Legislator
Thank you. Assembly member Hadwick, you're up. Assembly Member Jackson is on deck unless an H shows up.
- Heather Hadwick
Legislator
Thank you, Mister Chair and Members. I would like to first thank the Chair and the committee staff for working with me on this critical issue. Rural communities are overwhelmed by
- Heather Hadwick
Legislator
Yes. Okay. Thank you. Rural communities are overwhelmed by high volumes that comp of conflict with large predators. These predators, such as mountain lions, bears, and wolves, are killing livestock, pets, and unfortunately people in my district. Currently, the Federal Endangered Species Act recognizes self defense when a person takes a listed animal based on a good faith belief that the action was necessary to protect themselves or another individual from harm.
- Heather Hadwick
Legislator
Unfortunately, it is not clear what self defense standard applies when someone has to defend themselves or a loved one against a large predator protected under the California Endangered Species Act.
- Heather Hadwick
Legislator
Rather than leave it to a court or prosecutor's discretion, California should set a clear standard. AB 1722 establishes common sense exception to take under the of to take under the California Endangered Species Act. Under this bill, a person can defend themselves or their family from bodily harm inflicted by an endangered species. It is important to know that take doesn't just mean kill an animal.
- Heather Hadwick
Legislator
It also includes commonly accepted actions like scaring away a charging bear with pepper spray, or throwing a rock at a stocking mountain lion.
- Heather Hadwick
Legislator
Using pepper spray or a rock is considered a take, even when that could be the best thing to do to prevent both human and animal injury. AB 1722 will ensure that ranchers, hunters, hikers, and people enjoying the outdoors have certainty that they can protect themselves if they encounter a dangerous predator. This bill has received no no votes, and I respectfully ask for your Aye vote when appropriate.
- Roger Niello
Legislator
You, like, a Senate Member Berman are performing without a safety net.
- Roger Niello
Legislator
So do we have, anybody here that wishes to speak in favor of the bill?
- Stacy Heaton
Person
Most definitely. Stacy Heaton with the Rural County Representatives of California representing 40 rural counties statewide. Our members are our member counties have scared residents and this would go a long way to help with that. We appreciate Assembly member bringing this forward in support. Thank you.
- Richard Filgus
Person
Good afternoon. Richard Filgus with the California Farm Bureau and proud support. Thank you.
- Roger Niello
Legislator
And any others in support? Do we have anybody in the audience in opposition? Step forward to the microphone.
- Nickolaus Sackett
Person
Thank you, Chair, Members. My name is Nicholaus Sackett on behalf of Social Compassion in Legislation and our thousands of supporters throughout California. Existing California law already explicitly allows for self defense against bobcats and mountain lions, and thus we believe this bill really is about wolves. We understand right now that tensions are particularly high around the issue of wolves in parts of Northern California in regard to predation of livestock.
- Nickolaus Sackett
Person
The department, the commission, and many stakeholders are working on that issue diligently, including the Assembly member, including, Senator Blakespear with her, coexistence bill.
- Nickolaus Sackett
Person
A lot of different stakeholders are are really diving into that issue. And with this in mind, our position can be represented in a line in a per previous committee's analysis. And I quote, no examples of is incidents where a cease to elicit species needed to be taken for self defense have been provided to or discovered by this committee, and therefore, this bill is addressing a hypothetical problem. End quote.
- Nickolaus Sackett
Person
We believe that the Department of Fish and Wildlife should keep prosecutorial discretion in any cases that do arise where self defense is claimed.
- Nickolaus Sackett
Person
We trusted the department to act fairly, judiciously in any cases that would arise. And unless shown otherwise, we believe that this bill is unnecessary at this time. And with that, respectfully ask for no vote.
- Roger Niello
Legislator
Thank you. Any others in opposition that was to speak to the issue? Seeing none come forward, we will bring it back to our subcommittee. Are there any questions or comments? This is a niche issue that is unique to rural areas.
- Roger Niello
Legislator
You represent a lot of rural areas. So you're sensitive, to those needs. When we receive a quorum, there I'm sure there'll be a a motion and we'll take a vote. And in the meantime, you may close.
- Heather Hadwick
Legislator
Thank you so much. I represent 11 counties. This, unfortunately, has become one of our number one issues in my district, And I respectfully disagree with opposition. We had a teenage boy that was killed by a mountain lion that was self defense. And and he protected his brother who lived through the ordeal.
- Heather Hadwick
Legislator
But we we have multiple, instances, that I'm happy to share at another time of this happening. And that's not when people throw rocks or do pepper spray because those are often not turned in. So, it's a huge issue. I just want my constituents to feel safe when they're out out when they're out enjoying our beautiful wilderness. So thank you so much for hearing the bill and I look forward to hearing from you.
- Corey Jackson
Legislator
Hey, you know, I almost brought out my sleeping bag, but I think we Oh, Lord. Please, Senator, please. Oh, we ready? This is Yes. AB 1584, which would It's item 30.
- Corey Jackson
Legislator
Yep. Yep. Codify and specify the duties and obligations of the Office of Civil Rights and the California Air Resource Board. This office within CARB would be responsible for providing training on civil rights obligations to CARB staff, grantees, contractors, and subrecipients. This would be paired with a civil rights evaluation tool to assist recipients in understanding and being able to meet their civil rights requirements and ensuring language access and culturally appropriate outreach in all public engagement processes.
- Roger Niello
Legislator
Are there, is there anybody, in favor of this bill that wishes to speak to it?
- Rebecca Gonzales
Person
Rebecca Gonzales, Western Center on Law and Poverty in support.
- Roger Niello
Legislator
Any others in support? Is anybody here in opposition to the bill and wishes to speak to that? And seeing none come forward, we'll bring it back to the subcommittee. Any questions or comments? Then
- Roger Niello
Legislator
Yeah. You may close. Respectfully ask for an Aye vote. Okay. Thank you.
- Roger Niello
Legislator
And now, Assembly Member Rubio, I believe. Oh, I'm sorry. You're in the alphabet ahead of the r's. Please come on up.
- Liz Ortega
Legislator
Okay. Oh, there we go. Alright. Thank you, Chair and Senators, for allowing me to present AB 1582 today. I would like to begin by accepting the committee amendments and thank the staff for all their work on this bill.
- Liz Ortega
Legislator
For decades, the university has contracted out service workers' jobs and replaced them with cheaper labor. In 2020, AFSCME Local thirty two ninety nine and UC signed a contract establishing a general prohibition on contracting out of workers at UC. Under the agreement, should UC decide to outsource jobs and a disagreement arises, the outsourcing contract must be reviewed in an expedited arbitration. Despite this agreement, UC disregards an arbitrator's decisions they don't like.
- Liz Ortega
Legislator
With me today in support of AB 1582 is, Catherine Lightbarger, executive vice president of AFSCME thirty two ninety nine, and Kate Howard, AFSCME local thirty two ninety nine council to help with any questions.
- Catherine Lybarger
Person
Good afternoon. My name is Catherine Lybarger, executive vice president of AFSCME thirty two ninety nine, representing the frontline service workers at the University of California in support. Custodians, food service workers, and patient care workers serve 300,000 students and 11,000,000 patients throughout the UC system every year. For decades, UC has contracted out and replaced our jobs with lower paid workers who lack decent benefits, A practice the state auditor has documented leads to worker mistreatment.
- Catherine Lybarger
Person
Today, our collective bargaining agreements include an arbitration process to settle disputes over contracting out.
- Catherine Lybarger
Person
But UC is ignoring this agreed upon process and defying the arbitrator's decisions. Even when we win at arbitration, UC refuses to comply. They simply renew the same prohibited outsourcing contracts, forcing us to start the process all over again at our own expense with years of delay. At UCLA, it took us four years, three arbitrations, and a court ruling to resolve a case for cafeteria workers whose jobs shouldn't have been contracted out. Those workers will never get back what they lost over those four years.
- Catherine Lybarger
Person
This bill is limited to the single issue of contracting out. This bill will not reopen what was already agreed to by UC and ourselves in our collective bargaining agreements on the issue of contracting out. This bill will not reopen any underlying dispute on the issue of contracting out. This bill will not change what happened in the past.
- Catherine Lybarger
Person
It simply establishes that it is an unfair labor practice for an employer to circumvent an arbitrator's decision by renewing prohibited contracts that should never renewing prohibited contracts that should never have been entered into.
- Catherine Lybarger
Person
Signed agreements should be honored, and arbitration decisions should mean something. Thank you for your consideration.
- Kate Hallward
Person
Kate Hallward, counsel for AFSCME thirty two ninety nine. Just here to answer any questions you may have.
- Sarah Flock
Person
Mister Chair member, Sarah Flock, California Federation of Labor Unions in support.
- Eric Barrelez
Person
Good afternoon. Eric Barrelez with the California Faculty Association in support.
- Roger Niello
Legislator
Others in support. Seeing none come forward, let's hear from the opposition. Primary witnesses opposed.
- Daniel Menezes
Person
Yes. Good afternoon, chairs and members of the committee. My name is Daniel Menezes. I am the executive director of system wide labor relations for the University of California. In 2020, UC and AFSCME carefully negotiated a comprehensive contracting out framework found in Article five of the party's collective bargaining agreements.
- Daniel Menezes
Person
The agreement explicitly balances a shared commitment to our internal workforce with narrow vital exceptions for emergencies, temporary staffing shortages, and operational continuity. Despite the amendments listed in the analysis, the university must continue to oppose AB 1582 for three reasons. First, just last month, after more than two and a half years of negotiations, UC and AFSCME successfully reached agreement on a new collective bargaining agreement that took two and a half years to negotiate.
- Daniel Menezes
Person
During those two and a half years, AFSCME never, not once, not a single time, proposed or introduced any language that is in AB 1582. It is unfortunate that the union is using the legislative process to get concessions from the university that it did not even attempt to obtain at the bargaining table, nor should the legislative process be used to unilaterally rewrite collective bargaining agreements.
- Daniel Menezes
Person
Second, the bill is not necessary. Article five already contains robust agreed upon remedies for violations of the contract, including vendor contract termination. These remedies have been recently supplemented by lengthy and negotiated, collaboratively negotiated remediation settlement frameworks between the university and AFSCME, which AB 1582 would override. And finally, the bill punishes patients and students by creating a blunt and unnecessary ban on critical services at a time when they're needed most, which you'll hear more about from my colleague, Christine Williams.
- Daniel Menezes
Person
As evidenced by the recently negotiated collective bargaining agreement and by recently negotiated settlement agreements around Article five, UC and AFSCME remain capable of engaging each other directly to reach agreement on difficult issues.
- Christine Williams
Person
Good afternoon. My name is Christine Williams, and I am the chief nursing executive at UC Davis Health. I'm here to voice the university's opposition to Assembly Bill 1582 due to severe direct risks it poses to patient care and hospital operations. As a level one trauma center and safety net provider, UC Davis Health operates a twenty four hour environment. To maintain safe patient care, we rely on the narrow clinic critical exceptions in regents policy five four zero two and Article five of our labor agreements.
- Christine Williams
Person
These terms allow us to contract for temporary services during acute staffing shortages, public health emergencies, and unforeseen patient surges. AB 1582 threatens to cripple this operational lifeline because the bill would apply a location wide penalty. So a contracting dispute or minor infraction at one department could trigger a blanket prohibition on same or similar contracted services across all of UC Davis Health facilities in Sacramento.
- Christine Williams
Person
If we are locked into a systematic ban and prohibited from utilizing contract staffing or emergency support, it will create severe bottlenecks, increase wait times, and force us to divert and delay critical patients from our community. Three examples of vulnerable patient populations that would be affected by the inability to have specialized, flexible, and rapidly deployable care teams are neonates, transplant transplant patients, and burn patients.
- Christine Williams
Person
Neonatal ICUs change in volumes and acuity abruptly. Not having the right care team available increases adverse outcomes. Transplant services rely on narrow clinical windows where timing and coordination are imperative. The inability to mobilize teams quickly will affect patient survival. And lastly, burn care that needs resource heavy interventions.
- Christine Williams
Person
The inability to scale staffing could compromise both patients and staff. Our clinicians must retain the ability to maintain critical services during emergencies and surges. This bill strips away that agility, replacing localized workable remedies with statutory restrictions that compromise care across the state. For the sake of our patients, we respectfully request your no vote on AB 1582. Thank you.
- Connor Gassman
Person
Thank you. Others opposed? Apologies again, Chair. Missed the support line. Connor Gassman on behalf of Teamsters California in support.
- Andrea Lynch
Person
Good afternoon. Andrea Lynch on behalf of the California Chamber of Commerce in respectful opposition.
- Kelly Brooks
Person
Kelly Brooks on behalf of the California Association of Public Hospitals and Health Systems here in opposition. Catherine Charles on behalf of the Bay Area Council in respectful opposition.
- Roger Niello
Legislator
Any others in opposition? Seeing no one come forward, we'll bring it back to the subcommittee. Any questions or comments? Just how would you answer the, concerns of the opposition that they each articulated?
- Liz Ortega
Legislator
First of all, nothing in this bill, prohibits them from contracting out in an emergency. Second, I've taken amendments, which are in, page seven of your analysis, that says that, I've agreed to revise the language in the bill to include any time limits and other requirements of any collective bargaining agreement and to clarify that, in its provisions do not alter the terms of the party's collective bargaining agreement, or to authorize PERB to alter the arbitration's decision.
- Liz Ortega
Legislator
And you can see these amendments in the last page of the analysis.
- Kate Hallward
Person
Sure. The, the collective bargaining agreement provides for various circumstances that allow for contracting out in narrow circumstances. So if there's an emergency, say an earthquake, for example, and the university needs to contract out some work while they're recouping, they can do that. There has to be a that's there's a established process for that. That would that is very different than the situation we're trying to address here, where the university repeatedly contracts out the same work again and again and again in defiance of collectively bargained arbitration procedures.
- Kate Hallward
Person
That would that is very different than the situation we're trying to address here, where the university repeatedly contracts out the same work again and again and again in defiance of collectively bargained arbitration procedures.
- Tyler Aguilar
Person
Yes, please. Good afternoon. Tyler Aguilar on behalf of the University of California. So our main concern with this bill, which we have noted is the provision three a, which basically stipulates that if there is a arbitration decision relative to, contracting out, in the future, if the university were to attempt to contract for that same or similar service, because under the bill, the arbitration ruling would have been standing, we treat that as an effective ban on that particular service system wide.
- Tyler Aguilar
Person
So for example, if right now we were to go for an RFP for temporary help for respiratory therapists, which is a covered position, and we were to receive a negative arbitration ruling.
- Tyler Aguilar
Person
Let's say six months or a year from then, we have a a surge period where we need to temporarily contract for additional staff. Under the bill and the previous ruling by the arbitration or by the arbiter, we would be prevented from contracting for that service. In perpetuity, at any any UC location specific. So for Davis, it cannot only mean the med center, but also the the clinic in Folsom, any any location that, has UC Davis. Thank you.
- Kate Hallward
Person
The opening clause of three a is circumvent or disregard an arbitrator's decision. Once the university has come into compliance, then that will be done. And it would not be circumventing a decision if it were if in perpetuity five years later, there's an emergency or some new situation requiring contracting out. It would not it would not be prevented by this bill.
- Roger Niello
Legislator
That being the case, I'd suggest the author might consider clarifying that in the bill in accordance with what the technical expert just said. Do you have something to add to that?
- Daniel Menezes
Person
Yes. I just wanted to add a couple of things. First, we do not read the bill as was just described. It does seem like once a cut once a service is ruled, against by an arbitrator that we can't contract that service again and there appear to be no loopholes in the bill. The second thing I would add is we would dispute the claims that we continue to ignore arbitration decisions.
- Daniel Menezes
Person
Most of the arbitration decisions in this space remand the remedy to the parties to negotiate, and that is very complex and has taken a long time. But we have had success negotiating settlements around qualified individuals, which is a critical pillar of the Article five, agreement in addition to wage parity wage parity benefits with AFSCME, where we have negotiated settlements on some of these difficult issues that also carve out how we're gonna operate in the future.
- Daniel Menezes
Person
The other thing I would point out is that when Article five was passed in 2020, we set up a four person compliance office within the office of the president, and we're working with locations to also fund FTEs to continue to move us into compliance with this framework, which is very complicated and very nuanced. And so for those reasons, we respectfully continue to ask for a no vote on this bill.
- María Elena Durazo
Legislator
Alright. Thank you. Thank you. Someone mentioned about why do we have to I guess my question is why do we have to keep why do you have to keep coming back to the legislature for things that should be done in the through the collective bargaining agreement? And it seems to me what I think I hear you saying, but somebody could correct me, is that the violations of the part my bargaining agreement are the reason that you come back.
- María Elena Durazo
Legislator
And this has been going on for years. If it's not one thing, it's it's something else. If it's not that, then it's something else. I mean, we have this has been in response to the way that UC has not respected the collective bargaining agreement, not respected the conditions, of the work of of their employees. So that's that's been my experience for the last six or seven years while I've been in the in the legislature.
- María Elena Durazo
Legislator
So I'm, you know, I'm disappointed that you have we have to take our time to pass legislation just to make sure that the collective bargaining agreement is is respected. That shouldn't that shouldn't be the case. So I will, very much support your bill.
- Roger Niello
Legislator
So as I was beginning to say, I'd suggest that perhaps you and the opposition, discuss the issue in case, it's appropriate for the bill to be, to clarify those differences, themes in opinion and or interpretation.
- Liz Ortega
Legislator
Thank you, Chair. The State of California has significant structural issues with the labor law enforcement, and that includes public work job sites. The Division of Labor Standard Enforcements, or DLSE, has a backlog of 47,000 wage theft claims. 419 California workers died in the workplace did last year. AB 1859 would allow JLMC representatives to physically visit public work job sites to ensure contractors are complying with wage and safety laws.
- Liz Ortega
Legislator
AB 1859 would enhance the DLSC's enforcement capabilities without straining taxpayer resources. Witnesses, testifying with me today are Matthew Cremins with the International Union of Operating Engineers.
- Matthew Cremins
Person
Thank you. Thank you, Mister Chair. Matt Cremins here on behalf of the California Nevada Conference of Operating Engineers. We are proud sponsors of AB 1859, which would strengthen enforcement of our public works labor laws and assist the labor commissioner by requiring public works contractors to allow joint labor management committees to have, reasonable access on their public works job sites. Joint labor management committees or JLMCs are federally approved formal bodies consisting of equal representation of both labor and management.
- Matthew Cremins
Person
And these groups are designed to improve workplace productivity, conditions on job sites, and and safety. And simply put, these entities are the gold standard of labor and management collaboration. And I think this is a really important point to mention as I know some in opposition have made claims that JLMCs represent union members specifically, and I wanna be clear at the front end, they do not.
- Matthew Cremins
Person
JLMCs are a product of labor and management coming together for the betterment of an industry, and they're not formed specifically to represent workers, as in they do not collectively bargain contracts for workers. In the construction industry, these entities play a critical role, and in many ways are already seen as the eyes and ears for the state's labor commissioner and that they work day in and day out to ensure a level playing field for contractors and workers on public works projects.
- Matthew Cremins
Person
JLMCs also already work hand in hand with the Division of Labor Standards Enforcement, and they do so by turning over their finalized investigations to the labor commissioner, which can have the effect of streamlining investigations while costing the state no additional dollars. So with that being said, AB 1859 seeks to provide additional resources for the Division of Labor Standards Enforcement by authorizing joint labor management committees to have reasonable access on public works job sites.
- Matthew Cremins
Person
In closing, if I could, I would like to stress that, despite claims that have been made by some in the opposition, this bill has absolutely nothing to do with jurisdiction. There is nothing that's in this bill that dictates scope of work. There is nothing in this bill that'll prohibit any employee from performing any type of work on a public works project.
- Matthew Cremins
Person
The bill is very clear. It is specific to wage and hour laws. Happy to answer any questions or concerns. I would respectfully request your aye vote.
- Mike West
Person
Good afternoon, Mister vice Chair and members. Mike West on behalf of the State Building and Construction Trades Council of California. To expand on the remarks of my colleague at JLMC becomes aware of a project that's significantly underbid compared to the rest of the pool of bidders. There's no way the low road contractor can make up the difference between what is specified and the hours it takes to perform the work unless they plan to cheat the workers out of the correct wages.
- Mike West
Person
I was asked yesterday if a joint labor management compliance representative going on to a job site was a conflict of interest, and I immediately answered no.
- Mike West
Person
It's the opposite. It's a complement of interest between labor and management to investigate not to investigate a particular craft, but a low road contractor and an end user have who have no intent of paying the correct wage and therefore making a profit off of the workers' backs. Monitoring the job allows the JLMC to substantiate or discredit what is eventually submitted on certified payroll reports and then can be part of a larger investigation by the labor commissioner.
- Mike West
Person
There are literally dozens of schemes to commit wage theft to the benefit of the low road contractor or the end user who are all complicit when they knowingly take significantly lower bid on a project. A lesser identified form of wage theft is when an honest contractor who pays wages and benefits to their estimator and administrative staff is cheated out of a project due to an extremely low bid by a bad actor.
- Mike West
Person
Finally, the JLMCs have their own workers' comp insurance, personal protective equipment, and are only seeking to access job sites to protect the workers from wage theft and our contractor partners from bidding against bad actors on construction projects. Thank you so much.
- Roger Niello
Legislator
Thank you. Now to, Me Too testimony in, support of the bill. Coming to the microphone, state your name, organization, and position.
- Chris Snyder
Person
Chris Snyder, political director, operating engineers, local 3, in support.
- Rob Carreon
Person
Members of the committee, Rob Carreon, special rep, director of safety, and over twenty years of compliance with the operating engineers Local three in full support.
- Kevin Alger
Person
Good afternoon. Kevin Alger, business agent with the operating engineers and third generation operating engineer, and I am in support of this. Thank you.
- Chuck Adamson
Person
Chuck Adamson, operating engineer, local three senior business agent, and I'm in support of this bill. Thank you.
- Jesse Johnson
Person
Jesse Johnson, operating engineers, business agent from Local three. I am support of this bill.
- Casey Toll
Person
Casey Toll. I'm a twenty three year operating engineers member. I'm also district rep for operating engineers, and I am in support of this bill.
- Michelle Gianelli
Person
Michelle Gianelli, operating engineers business agent in support.
- Stephen Yanez
Person
Steve Yanez, operating engineers senior business agent in support.
- John Rector
Person
John Rector, operating engineers local three district rep, I stand in support.
- Russel Stefanich
Person
Russell Stefanich with the operating engineers. I stand in support.
- Mike Pickens
Person
Mike Pickens, district representative for the operating operating engineers, twenty nine year member, and I stand in support of this bill and ask for your aye vote.
- Aureliano Ochoa
Person
Aureliano Ochoa with the Heat and Frost Insulators, Local sixteen, on support.
- Stephen Kubler
Person
Steve Kubler, operating engineer, senior organizer, stand in support.
- Christopher Sturgeon
Person
Chris Sturgeon, operating engineers, organizer, and I stand in support.
- Jeremy Steinman
Person
Jeremy Steinman, operating engineers, local three, I stand in support.
- Martin Vindiola
Person
Martin Vindiola on behalf of the California State Pipe Trades Council, the California State Association of Electrical Workers, and the Western States Council of Sheet Metal Workers in support. Thank you.
- Patrick Boileau
Person
Patrick Boileau, deputy political director, operating engineers, local three in support.
- Roger Niello
Legislator
Other witnesses in support? Seeing none coming forward, we'll move to the opposition. Primary witnesses in opposition to the bill.
- James Thuerwachter
Person
Good afternoon, Chair and senators. My name is James Thurwacher, and I'm with the California State Council of Laborers here on behalf of 80,000 hardworking men and women throughout the state. We are here today with a respectful opposed unless amended amended position. I like to just reiterate that the laborers completely agree with, both the author and the sponsors with the need for this bill to, root out wage theft and protect our prevailing wage and apprenticeship standards.
- James Thuerwachter
Person
Our opposition is not with the intent of the bill, but rather with its implementation.
- James Thuerwachter
Person
As currently drafted, AB 1859 fails to account for public works projects that are already operating under strict, comprehensive, and state mandated enforcement oversight. Our proposed amendment that we've discussed both with the author's office and committee would create a common sense carve out for job sites that already have a state approved labor compliance program or LCP actively operating on-site under labor code section 1771.5 and .8.
- James Thuerwachter
Person
And just to demonstrate why this carve out is so critical, let's look directly at the state's own data. In my hand here is Department of Transportation's 2025 annual compliance report. And it shows that Caltrans oversaw nearly $19,000,000,000 in active public works, project money.
- James Thuerwachter
Person
Out of that massive investment, the total of prevailing wage violations amounted to less than 950,000. That's point .00005%. That's four zeros. Notably, none of those violations occurred within the construction sector. So when we look at these highly regulated sites, we can't help but think that this is a solution looking for a problem.
- James Thuerwachter
Person
Projects with state approved with the state approved LCP already possess a dedicated framework designed to aggressively audit payrolls and enforce prevailing wage compliance. Forcing these projects to halt construction and grant site access to third party committees creates redundant bureaucratic layers and delays critical infrastructure delivery without adding any new or meaningful, labor protections.
- James Thuerwachter
Person
Independent JLMCs should be empowered to focus their investigations exactly where they need it the most, On unorganized public works projects, unmonitored sites, and then what the building trade said on bad actors under, operating in in underground economy. We agree with that. They should not be bogged down on duplicating oversight on heavily monitored projects that are already being strictly policed by state approved programs.
- James Thuerwachter
Person
And for that, we must remain opposed unless amended. Thank you.
- Kirk Kimmelshue
Person
Mister Chair and members, good afternoon. Kirk Kimmelshue here, this afternoon on behalf of the California Building Industry Association in respectful opposition to AB 1859. While we appreciate the author's goal of strengthening enforcement of prevailing wage and apprenticeship requirements on public works projects, AB 1859 raises significant concerns for our members regarding private property rights, liability, and the lack of clear legal standards governing access to construction sites. Many CBIA members build projects that include both public works improvements and private, residential, or commercial construction.
- Kirk Kimmelshue
Person
Large housing developments frequently contain public infrastructure such as roads, utilities, and other public facilities that are built alongside private improvements.
- Kirk Kimmelshue
Person
However, AB 1859 does not distinguish between these components or provide any clear standards for limiting access to only the public works portion of a project. As drafted, the bill creates uncertainty for our members regarding where representatives may enter and what portions of a private construction site would be subject to access. At a time when California should be reducing uncertainty for housing production, we think AB 1859 instead creates new legal questions for our members and property owners.
- Kirk Kimmelshue
Person
And for those reasons, we must respectfully request your no vote.
- Felipe Fuentes
Person
Good afternoon, Mister Chair, members of the committee. Felipe Fuentes here on behalf of the associate general contractors of California composed of both union and nonunion contractors and strong opposition.
- Staci Heaton
Person
Good afternoon. Staci Heaton with the Rural County representatives of California representing 40 rural counties statewide opposed still seeking amendments. Thank you.
- Brittney Barsotti
Person
Britney Barsotti on behalf of the California Special Districts Association, also the Association of California Healthcare Districts, Community College Faculty Coalition, and the League of California Cities opposed unless amended. Thank you.
- Ethan Nagler
Person
Ethan Nagler on behalf of the California Association of Recreation and Park Districts and the City Of Corona in respectful opposition.
- Caitlin Leventhal
Person
Caitlin Leventhal with the California State Association of Counties in oppose unless amended. Thank you.
- Roger Niello
Legislator
Others in opposition? Seeing no one come forward, so we'll see if our committee has any questions or comments. Appears not. So you may close.
- Roger Niello
Legislator
Excellent close. Now, your third bill is, file item 48, AB 2465. Yeah. Just a quick administrative announcement, File item 51, AB 882 by a single member of Pappan has been pulled from the agenda. So that's when less we're gonna be done really early then.
- Liz Ortega
Legislator
I'm gonna stop saying thank you, Chair. I'm just gonna get into it. I have previously agreed to amendments from the Senate Revan and Taxation Committee that begin on page 16 of the analysis. The rate of deaths in ICE custody is now one person in every four days. GEO Group and CoreCivic, two of the largest private prison contractors that work with ICE, posted record revenue of nearly $5,000,000,000 last year.
- Liz Ortega
Legislator
Here in California, we're giving these businesses grants, loan, and tax credits paid for us by us, while at the same time, we're making deep cuts to health care, education, and even food assistance. I was three years old when I arrived to this country, with my parents who were looking for that American dream. And not just looking for it, they contributed to it by working multiple jobs and making sure that my brothers and I had an education, and continued to contribute to this great country.
- Liz Ortega
Legislator
But I was one of the lucky ones. I was not separated from my parents, and I was not put in a cage.
- Liz Ortega
Legislator
And that is why I am here today asking that not a single dime goes towards ICE and what is happening in our communities, that our taxpayers do not support what ICE is doing across this country. AB 2465 says no more. My witnesses today are Shuming Chier with the California Immigrant Policy Center and Jessica Marquez on behalf of the superintendent of public instruction, Toni Thurman.
- Shiu-Ming Cheer
Person
Hi. Good afternoon. My name is Shiu-Ming Cheer, and I'm a deputy director with the California Immigrant Policy Center. We're a proud cosponsor of AB 2465. This is a first in the nation precedent setting bill that uses California's decision making power on grants, loans, and tax credits to hold businesses accountable for profiteering off mass detentions and deportations.
- Shiu-Ming Cheer
Person
We've all seen the widespread damage from unchecked violent immigration enforcement. As a LA resident, I've seen firsthand the harm caused by massed armed immigration agents tackling people on our streets. Last year, over 14,300 Angelenos were arrested in mass raids and warrantless arrests. These attacks will likely only increase as the Federal Government turbocharges immigration enforcement with Congress allocating an additional 70,000,000,000 in funding just two weeks ago for the Department of Homeland Security.
- Shiu-Ming Cheer
Person
This funding increase means that DHS and ICE have even more money to spend on their contracts with surveillance, tech, weapons, and other companies.
- Shiu-Ming Cheer
Person
From July 1 to December 31, ICE spending on contracts more than doubled to $3,700,000,000. And a March 2026 investigation by Wired found that ICE and CPP spent $515,000,000 on products from tech giants in just the last few years. Private detention facility owners and operators also reported a 13% or $2,000,000,000 increase in profits last year because of more people being detained.
- Shiu-Ming Cheer
Person
Meanwhile, there are countless reports of disturbing, unsafe, and unsanitary conditions and quote, unquote, cruel, inhumane, and unacceptable conditions in California's immigration detention facilities, according to a May 2026 report by AG Bonta. There's no reason for California to provide state tax credits to companies that have contracts worth tens of millions or even $1,000,000,000 with agencies that directly cause suffering in our communities.
- Shiu-Ming Cheer
Person
Any company that profits from detention and deportation is complicit in their harm, and we must stop California's subsidies of those companies. I urge you to vote aye on AB 2465. Thank you.
- Jessica Marquez
Person
Good afternoon, Chair and members. My name is Jessica Marquez, and I'm a legislative representative at the California Department of Education speaking on behalf of State Superintendent Tony Thurman, who is a sponsor on behalf of students and families. As we all know, over the past year, immigration enforcement has intensified in our communities. Across California and the nation, fear. Workers are staying home from work, students are missing school or shifting to online learning.
- Jessica Marquez
Person
Some advocates have described these conditions as the ICE pandemic. At the department, we have been deeply disturbed by the deportation of a six year old student from the California School for the Deaf in Fremont, who was detained and deported without medical devices essential to his ability to hear. These aggressive enforcement practices are threatening the health, safety, and stability of our youngest community members, specifically our babies and TK through 12 students.
- Jessica Marquez
Person
A recent report found that ICE has detained over 500 babies and toddlers since January 2025 of which advocates say that our immigration system is breaking our children. The fear of being detained is also creating a chilling effect on attendance and straining already limited district resources.
- Jessica Marquez
Person
And in California, attendance matters. Schools funding school funding is tied to average daily attendance, meaning these absences don't just impact students. They directly impact the resources schools need to serve them. Meanwhile, private detention operators and those they contract with are reporting record profit for higher detention rates. California now has eight ICE detention centers, two of which opened since President Trump took office in 2025.
- Jessica Marquez
Person
California has led the nation in advancing policies rooted in inclusion, equity, and respect for human dignity. Our values are defined by our policy choices. Every funding decision is a statement about who we are and what we are willing to support. If we believe in human dignity, justice, and opportunity for all, then our public taxpayer dollars should reflect those commitments. Thank you.
- Roger Niello
Legislator
Thank you. Others in support. Approach microphone, name, organization, position.
- Maddie Lopes
Person
Good afternoon, Chair, members. Maddy Lopez with the California Nurses Association in support. Also, recording the support for the California Faculty Association.
- Michelle Warshaw
Person
Michelle Warshaw, California Teachers Association in support. Cleo Bluthenthal on behalf of the California Community Foundation in strong support.
- Lan Le
Person
Lan Le on behalf of Asian Americans Advancing Justice Southern California and Western Center on Law and Poverty and Strong Support.
- Irene Sheen
Person
Irene Sheen registering support on behalf of congregations organized for prophetic engagement, Asian Americans and Pacific Islanders for Civic Empowerment, Local Progress California, California Native Vote Project, Unidos eight zero five, Orale, organizing rooted in abolition, liberation, and empowerment, Center for Human Rights and Constitutional Law, and Indivisible California State Strong.
- Cameron Sasai
Person
Good afternoon. Cameron Tassai with the California Immigrant Policy Center in support. Also, support for A New Way of Life Reentry Project, Asian Prisoner Support Committee, California Faculty Association, California National Organization for Women, CA Now, California Religious Action Center of Reform Judaism, Community Action Board of Santa Cruz County, CAB, Courage California, EMAC, Bendau Arc California. Thank you.
- Krista Ramos
Person
Krista Ramos with the California Immigrant Policy Center on behalf of Interfaith Movement for Human Integrity, New Light Wellness, Orange County Equality Coalition, Public Council, San Bernardino Community Service Center, Services Immigrant Rights and Education Network, Southeast Asia Resource Action Center, and Uncommon Law.
- Elena Jimenez
Person
My name is Elena Jimenez, registering support for ensuring opportunity Contra Costa, the Episcopal Diocese of San Joaquin, Harbor Institute for Immigrant and Economic Justice, Healthy Contra Costa, Immigrant Justice and Action Coalition, IJAC, Immigrant Legal Resource Center, ILRC, Indivisible Alta Pasadena, the Inland Coalition for Immigrant Justice, and Alianza Sacramento. Thank you.
- Rene Bayardo
Person
Renee Bayardo representing PECO California, one of the cosponsors. Thank you.
- Ana Santiago
Person
Ana Santiago with Mesa Verde Group here on behalf of Inclusive Action for the City registering support. Thank you. the City registering support. Thank you.
- Anallely Martin
Person
Anallely Martin registering support for nonprofit housing association in Northern California, the Kennedy Commission, Housing Authority of the County of Santa Barbara, Immigrant Legal Defense, Canal Alliance, California Coverage and Health Initiatives, Immigrant Defenders Law Center, and Friends Committee on Legislation of California. Thank you.
- Ronald Coleman Baeza
Person
Good afternoon. Ronald Coleman Baeza here on behalf of the Coalition for Humane Immigrant Rights, in support. Thank you.
- Roger Niello
Legislator
Others in support? Not seeing none come forward. Now we'll move to the opposition.
- Robert Moutrie
Person
Thank you, Mister Chair and members. Robert Moutrie for the California Chamber of Commerce. We are regrettably opposed to AB 2465. First, I wanna be clear. Our opposition is not related to any fondness for ICE, other enforcement techniques, or what that's done to California communities.
- Robert Moutrie
Person
Our concerns here are based on practical concerns around how this bill will affect California's business community, particularly the breadth of the bill. And I wanna note I'm gonna address my comments to the promised amendments so that we're up to date. Obviously, I haven't had a lot of time with them and members, but I wanna be appropriate. Substantively, we still read the bill as broad enough to touch what we would call non problematic contracts.
- Robert Moutrie
Person
Notably, the new language in the bill flags any, quote, software application, which is literally any application that you are in contracted with to provide.
- Robert Moutrie
Person
So we don't see that as the kind of targeted approach here that we think the author is trying to get to, but we do appreciate recent amends to try to get closer to it. So because we continue to have concerns about non problematic contracts being looped in, we must regrettably remain opposed. Thank you.
- Delilah Clay
Person
Good afternoon. Delilah Clay on behalf of the California Construction and Industrial Materials Association in opposition. Thank you.
- Lisa Disbrow
Person
Lisa Disbrow, resident, native of Contra Costa County, victim of illegal alien, and, representing, family members and ICE officers who have put their lives on the line to secure the citizens of The United States. And in opposition against SB 54, the violation of our security rights here in California.
- Mat Easley
Person
Good afternoon. Matt Easley on behalf of the California chapters of the Associated General Contractors in opposition. Thank you.
- Faith Conley
Person
Faith Conley with Whiteman Group on behalf of the California Bankers Association. I wanna thank the Chair and consultant for the amendments reflected in the analysis that are addressing a lot of our concerns. Also want to make sure that we are, hopeful in getting the, further amendment to Section 7,300 that makes those align with each other and actually addresses our concerns. So, thank you.
- Roger Niello
Legislator
Other witnesses in opposition to the bill? Seeing none come forward. Alright. Lets see if the, committee has any questions or comments. Senator Durazo.
- María Elena Durazo
Legislator
Yeah. I just want to ask the author if there were any of the opposition, issues that makes sense to you as far as the direction of the bill or
- Liz Ortega
Legislator
And then second, just to thank you very much for doing this. We shouldn't be investing our tax dollars in in those kinds of companies.
- Liz Ortega
Legislator
Yes. I've worked with the opposition throughout this process. I've listened to many of our colleagues who have come to me with amendments. I am one of the lucky ones. So I've gone to three committees in the Assembly.
- Liz Ortega
Legislator
This is my third committee in the Senate, or second committee. So I'm I'm definitely working and trying to get this bill as right as I possibly can to make sure that it's implemented in the way that it's supposed to work. You know, but I also, you know, wanna echo and and say that, unfortunately, our community is not being given the same due process, or any process, to be able to have their voice heard, while they're being targeted.
- Liz Ortega
Legislator
And our babies are sitting in detention centers without any food or blankets or or any of the other things that we're hearing being reported from some of these detention centers.
- Roger Niello
Legislator
Excuse me. Yes. Little side conversation with the real Chair. Any other any other questions or comments from the committee? With that, you may close.
- Thomas Umberg
Legislator
Well, thank you, Vice Chair Niello. I was hoping to come back and see the room empty, but apparently, that's the time you said that. That's exactly right. Well, it's the second time I thought that. Alright.
- Thomas Umberg
Legislator
So here's how we proceed. I see there's a number of members of the Assembly that are here, but we go in file order. So that some of you towards the end of the alphabet, I know that that that hope burns eternal. But I see Assembly member Agua Curry here, so she would go next and then then others. So Ready?
- Thomas Umberg
Legislator
Assembly member, majority leader Agua R. Curry, the floor is yours.
- Cecilia Aguiar-Curry
Legislator
Great. Excuse me. Thank you, Mister Chair and senators. First, I wanna thank the Chair and his staff for the hours of work we've done on this bill. I also wanna thank every member of this committee for taking the time to connect with me and discuss AB 1776.
- Cecilia Aguiar-Curry
Legislator
I am committed to make the best policy on this and will be committing to the four of the recommended amendments today. I will be clarifying the affirmation of lawful business practices, deleting the second sentence from Section one d, dropping unreasonable restraint of trade. And clarifying that a plaintiff must prove substantial market power. Should this bill pass out of committee today? I commit to working with committee and the attorney general on the enforcement provisions of this bill.
- Cecilia Aguiar-Curry
Legislator
This is a complex but critically important issue. California's Cartwright Act is our state's primary antitrust law, but contains a major loophole. If two businesses conspire to under competition, that's illegal. That kind of anti competitive conduct hurts competitors, especially small and medium businesses, consumers, and workers. It hurts everyone except for the companies who rig the system.
- Cecilia Aguiar-Curry
Legislator
But if one dominant company takes the exact same actions and causes the same harm, the Cartwright Act does not cover it. That fundamentally does not make sense. And the federal law and 45 other states agreed that one dominant company can be just as harmful as two companies acting together. This conversation is especially important now because consolidation has touched nearly every part of our economy. Since the nineteen nineties, more than 75% of US industries have experienced increased market concentration.
- Cecilia Aguiar-Curry
Legislator
When companies gain that much power and abuse it, that means higher prices, less choice, fewer opportunities for job create creators to start small businesses and suppress wages for working families. I took on this issue because one of my proudest accomplishments as mayor of Winters was helping build a thriving main street full of successful and engaged small businesses. Today, many of those businesses are struggling to compete as suppliers disappear and markets become more controversial concentrated. I hear from restaurant owners facing higher supply costs and fewer choices.
- Cecilia Aguiar-Curry
Legislator
I see it on my own family farm when suppliers no longer exist, when we can't get the parts we need for our irrigation system.
- Cecilia Aguiar-Curry
Legislator
This issue is economy wide, and the legislature recognized that when we passed a bipartisan resolution directing the California Law Revision Commission to study the Cartwright Act, The commission spent more than three years studying this issue with eight working groups of legal experts, economists, and stakeholders, holding 18 public meetings, receiving thousands of public comments, and draft a proposal that works within the California's existing antitrust framework. This bill does not punish success. It does not punish corporate growth. It does not punish making tons of money.
- Cecilia Aguiar-Curry
Legislator
A B 1776 is about making sure that when a dominant company abuses its power to shut out competition and harm small businesses, competitors, consumers, and workers, California has the tools to respond.
- Cecilia Aguiar-Curry
Legislator
This bill protects free and fair competition and helps ensure that California's marketplace works for everyone. I know we have more to do, but without a single proposed amendment from major opponents, we have already taken significant amendments to the bill passed based on feedback from members and antitrust experts from all around this country. I've already taken three rounds of significant amendments to this bill, and I've already amended the bill to address many of the opposition's biggest concerns.
- Cecilia Aguiar-Curry
Legislator
Today, I am dropping restraint of trade, the number one concern raised by the majority of the opponents. I am changing the language around monopolies to parallel federal law.
- Cecilia Aguiar-Curry
Legislator
I'm making it harder to bring a case by strengthening the language on market power. I am changing the language how courts interpret state and federal law to make it clear that federal law can instruct state law. And I am making it clear that merit based monopolies are still legal under this bill. This bill has always been about protecting businesses that are doing the right thing. If you make the best product or you have the best business, you can grow and be successful.
- Cecilia Aguiar-Curry
Legislator
We want those businesses to prosper and thrive in California. However, if you use your power to hurt small businesses, jack up consumer prices, or leave workers with nowhere to go, that should be illegal in California, just like it is across the country. I've heard a lot of false narratives about the impacts of this bill. This bill will not take away discounts or rewards programs or your favorite store brand products.
- Cecilia Aguiar-Curry
Legislator
These are practices that companies use to compete against each other, and this bill is all about promoting competition and consumer benefits.
- Cecilia Aguiar-Curry
Legislator
This bill will protect California's consumers, small businesses, and workers from those who would take extreme measures to make sure that they are the only option. With me today to testify, I have Richard Corday. Mister Corday was appointed by president Obama to serve as the first director of Consumer Financial Protection Bureau.
- Cecilia Aguiar-Curry
Legislator
Prior to his appointment, he was the attorney general for the state of Ohio, a partner at the law firm of Jones Day, and clerked for justices White and Kennedy at the United States Supreme Court, and judge Robert Bork of the DC Circuit. I will also be joined today by Abil Garcia.
- Cecilia Aguiar-Curry
Legislator
Abil Garcia. Mister Garcia is a partner in private practice where he represents both plaintiffs and defendants in antitrust matters. He previously practiced in the antitrust division of Gibson Dunn and the antitrust division of the California attorney general's office. He has also served as an adviser to the executive committee of the California State Bar's antitrust section and on two committees of the California Law Revision Commission three year antitrust study. I'd like to welcome my my speakers.
- Abel Garcia
Person
Thank you, Mister Chair, members. First of all, I wanna commend the author, of this bill for the very thoughtful work that she has done, she and her colleagues, in reviewing and revising the contents of it. And I wanna also commend the California Law Revision Commission for what looks like several years of detailed and very careful work, in understanding cal California law and how it fits with federal law.
- Abel Garcia
Person
Now, I would imagine that many of you, like me, can recall not so long ago when small independent businesses dotted our neighborhoods, such as small independent groceries. Many small pharmaceutical companies populated our communities, and small retail establishments, I knew them as 5 and dimes, were ubiquitous in many small towns.
- Abel Garcia
Person
But consolidation in many markets has crushed a lot of these small providers. The concentration of market power has hurt communities by driving up prices and creating less incentive to innovate better quality products and services. That's what happens when competition goes out the window.
- Abel Garcia
Person
This has happened, nationally as documented by a European report on US markets in areas such as airlines, Healthcare, big tech, meat packaging, and the like, And with the, California Law Revision Commission's own study, that would came out just just recently that documented the same, the same effects in markets in California, such as the retail grocery industry, pharmacies, Healthcare systems, and the entertainment industry, and again, meat processing. Two pieces important to know about why this bill is necessary.
- Abel Garcia
Person
The first is, as I said, the documented facts are the concentration has increased dramatically in our market.
- Abel Garcia
Person
Yes, I will. That's that's the first. And the second is federal antitrust law has retreated. The Chicago school, I clerked for judge Bork. I see saw it close hand.
- Thomas Umberg
Legislator
Alright. Thank you. Thank you very much. Appreciate your testimony. Next witness, please.
- Abigail Garcia
Person
Good afternoon, Mister Chair and members. My name is Abigail Garcia, and I'm here in support of AB 1776. My entire career has been based in antitrust law, both in the plaintiff and the defense side work. As Assembly member Curry said, Igor Curry said, I started at the AG's office as as a prosecutor, went to the Gibson Dunn as a defendant, defense lawyer, and now I'm a partner at Castleman Brantley Stockinger. I'm here to support AB 1776 for three primary reasons.
- Abigail Garcia
Person
First, because Aye, along with the experts who address single firm conduct as part of the law review commission process, believe that California's lack of a single firm conduct law is, quote, a fundamental shortcoming of California's antitrust law, end quote. Mind you, the group of experts that wrote that quote incorporate include a corporate defense lawyer, an Ivy League professor, a former general counsel of a large multinational corporation, and a renowned economist that consults for major tech companies.
- Abigail Garcia
Person
As the law currently stands, anti competitive conduct undertaken by two firms can be found illegal under California's antitrust laws. But if that same conduct is taken by one firm with the same market power, it's very well possible that that one firm would never face prosecution. That's an absurd result.
- Abigail Garcia
Person
Second, this bill, more than any other similar state law, protects small businesses by expressly exempting those businesses from prosecution. According to the US Small Business Administration California report, the exemption in this bill applies to about 98 to 99% of all businesses in the state of California, underscoring how carefully the author tailored this bill to only address that most egregious harm to competition.
- Abigail Garcia
Person
The bill does not open the floodgates to litigation for a host of reasons, but one main reason is that most businesses would be exempt from this bill. Third and finally, this bill with the author's proposed amendments contains well defined terms and concepts that are rooted in hundreds of years of state and federal case law. This these terms come from California Supreme Court and appellate cases.
- Abigail Garcia
Person
AB 1776 doesn't change the practical reality of bringing an antitrust case. It's fixing what the experts at the CLRC called a glaring deficiency in California's antitrust laws, while also ensuring that 98 to 99% of all businesses are exempt, ensuring no frivolous litigation. Happy to answer any questions that the Chair or the committee members may have.
- Thomas Umberg
Legislator
Thank you very much. Appreciate it. If you're in support of AB 1776, please approach the microphone. Give us your name, your affiliation, and your position on the bill. If you'd please queue up, I see that we're gonna have several folks.
- Samantha Gordon
Person
Good afternoon, Chair members. Samantha Gordon with Tech Equity in support. Thank you.
- Jennifer Robles
Person
Good afternoon. Jennifer Robles with Health Access California in support.
- Megan Abel
Person
Megan Abel on behalf of Courage California and Equal Rights Advocates in support. Thank you.
- Jessica Hay
Person
Jessica Hay with AFSCMEA California in support, also registering support on behalf of California School Employees Association.
- Kim Stone
Person
Kim Stone for Consumer Watchdog and the California District Attorneys Association in support.
- Robert Harrell
Person
Good afternoon, Mister Chair and members. Robert Harrell, executive director of the Consumer Federation of California, a proud cosponsor of this bill. Thank you.
- Sarah Flock
Person
Mister Chair members, Sarah Flock, California Federation of Labor Unions in support and sponsor, also registering support for SEIU California and NUHW. Thank you.
- Connor Gusman
Person
Good afternoon, Chair and members. Connor Gessman on behalf of the engineers and scientists of California, the Amalgamated Transit Union, and the International Association of Machinists, all in support. Thank you.
- Megan Abel
Person
Thank you, Mister Chair and members. Megan Subers on behalf of the Writers Guild of America West, a cosponsor, the California Professional Fire Fighters, and the Almidyar Network in support.
- Cheryl Westmont
Person
Mister Chair and members, Leanne Tretin on behalf of NextGen and Enviro voters in strong support.
- Astrid Zuniga
Person
Hello, members. Astrid Zuniga, president of United Domestic Worker and home care provider for over twenty years, and I stand in strong support.
- Tasia Stevens
Person
Good afternoon, Mister Chair and members. Tasia Stevens with EDW, AFSCME local thirty nine thirty in strong support, cosponsors.
- Suzanne Patterson
Person
Suzanne Patterson, of U D W local thirty nine thirty in support.
- Cheryl Westmont
Person
Cheryl Westmont with Mothers Against a Media Addiction in strong support. Thank you.
- Lee Heffner
Person
Thank you, Mister Chair and committee members. Lee Heffner, American Economic Liberties part project, so sponsor and support. Thank you.
- Mamta Bhandari
Person
Mamta Bhandari, Mothers Against Media Addiction, Silicon Valley in support.
- Abigail Garcia
Person
Loyalty on behalf of Economic Security California Action in support, also a sponsor, and also raising support on behalf of Eagle Rights Advocates Kapoor Center Advocacy, TAG, and Privacy Defense Alliance. Thank you.
- James Thuerwachter
Person
Good afternoon. Shane Gussman on behalf of Teamsters California, proud cosponsor in support.
- Marta Ruiz
Person
Hi. My name is Martha Ruiz. I'm provider, the IHSA. I'm member for the UDW and support for the AB 1767. Thank you.
- Naomi Rodriguez
Person
Hello. I'm Naomi Rodriguez. I am an IHSS provider. I've been a provider for more than five years. I'm also a proud member of UGW 3930. I am here to support today a strong support of AB 1776. Thank you.
- Lisa Paudel
Person
Hello. Good afternoon. I'm Lisa Paudel on behalf of the Greenlining Institute. Strong support.
- Tracy Rosenberg
Person
Good afternoon, Chair and members. Tracy Rosenberg, on behalf of Oakland Privacy, in support.
- Becca Kramer
Person
Becca Kramer with Kaiser Advocacy in support for Electronic Frontier Foundation, California Low Income Consumer Coalition, and Cameo Network.
- Edward Howard
Person
Afternoon, Mister Chair and members. Ed Howard on behalf of the California Food and Farming Network in the Office of Cat Taylor in strong support. Thank you.
- Alex Torres
Person
Afternoon, Mister Chair and members. Alex Torres, on behalf of the National Independent Venue Association, representing six fifty venues throughout the state, as well as the Future of Music Coalition, in support.
- Christopher Sanchez
Person
Good afternoon, Mister Chair and members. Christopher Sanchez, here on behalf of Inclusive Action for the City, in strong support.
- Sara Flocks
Person
Sara Flocks registering support for the California Nurses Association.
- Suli Kenyatta
Person
Good afternoon, Mister Chair and members. Suli Kenyatta, representing Small Business Majority, proud sponsor, proud co-sponsor of this legislation, registering strong support.
- Mark Ramos
Person
Good afternoon, Chairman, and committee members. My name is Mark Ramos. I'm the President of United from the Commercial Workers Western States Council, President of Local 1428. Here today to stand in strong support of AB 1776 and our tens of thousands of members in the State of California who've been affected by market consolidation.
- Ignacio Hernandez
Person
Good afternoon. Ignacio Hernandez on behalf of Communication Workers of America District 9, which covers California, Nevada, Hawaii in support.
- Komal Banes
Person
Good afternoon, everyone. My name is Komal Singh Banes. I've been a, IHS provider for about five years. I've been taking care of my brother.
- Thomas Umberg
Legislator
Okay. Well, we've got a magic moment here for us to establish a quorum. So, if we could ask to pause just for a second. Committee Assistant Porter, would you call the role for purpose of establishing a quorum?
- John Laird
Legislator
Mister Chair, this morning, about 10:00, I predicted we would have a quorum at 04:00, and I was only off by nine minutes. I'm sorry that there was not predictive betting. I would have cleaned that.
- Thomas Umberg
Legislator
Senator Laird, please, we've got enough challenges here. Please do not encourage predictive betting on when we form a quorum. So, unless well, let me think about that for a second. Okay.
- Thomas Umberg
Legislator
But before we move, one other housekeeping matter. I see we've got a number of members of the Assembly here, and we're we're gonna go in in file order unless you agree among yourselves as to who might go in what order for those present. So, it just giving you all heads up. Alright. Bring it back now to committee.
- Thomas Umberg
Legislator
We've gone through the support. We're now gonna turn the opposition. If you're opposed to AB 1776, please approach a microphone.
- Eric Ensign
Person
Thank you, Mister Chair and members of the committee. My name is Eric Enson. I'm an antitrust attorney with the law firm of Crowell and Moring. I'm here today on behalf of the California Chamber of Commerce and, really, an unprecedented coalition of over a 150 organizations in opposition to AB 1776. Cal Chamber has not opposed this bill because it creates stricter standards.
- Eric Ensign
Person
We have opposed this bill because it had no standards. The proposed amendments, in the committee analysis are helpful, and they address a number of our concerns. We're still working our way through those amendments, and through the author's statements here today. But we continue to have some fundamental issues with the bill. The first is the private right of action.
- Eric Ensign
Person
It is still a major concern, and it should be removed. It would allow private plaintiff's lawyers to bring claims in new and untested ways and courts. The attorney general, on the other hand, should be far more exacting in the claims it might bring and will think about the competitive and policy implications beyond any single lawsuit. We need to give our businesses time to adopt to these new standards without the threat of massive damages awards from private plaintiffs.
- Eric Ensign
Person
And removing the private right of action will essentially act as a small and medium sized business exemption from this bill, which we believe is critical.
- Eric Ensign
Person
Second, we still do not see a need for the bill. California has the strongest antitrust laws in the nation, and the California attorney general is probably the most active in challenging monopolization and other alleged, abusive conduct. And as the committee analysis noted, our attorney general has been incredibly successful in using federal and state law to address these issues. Finally, while a the clarification, that section two requires substantial market share is an improvement, That standard remains inconsistent with federal law.
- Eric Ensign
Person
Under the Sherman Act, a plaintiff must plead improve monopoly power.
- Nadir Mahmood
Person
Good afternoon, Chair and members. My name is Nadir Mahmood. I'm the President of En Carta, a small clinical stage biotechnology company based in the Bay Area. We are developing therapies for diseases like lupus nephritis and myositis, diseases that disproportionately affect women, especially women of color. I'm here to oppose AB 1776.
- Nadir Mahmood
Person
But I wanna start with something personal. A year ago, my father, who was 79, was diagnosed with the form of cancer of the bile duct. But because of advances in robotic surgery, they removed his tumor without opening his chest. He was back on his feet in two weeks. His chemotherapy, thanks to advances in modern research, he took it at home, affecting only his taste and a bit of his energy.
- Nadir Mahmood
Person
He is now healthy and back to living his life because someone took the risk to innovate. That is what biomedical innovation looks like, and that is who it protects. Proponents of this bill will say that exclusive arrangements or partnerships are a two from conduct and therefore unaffected. But legal uncertainty does not wait for a ruling. It chills investment before a lawsuit is ever filed.
- Nadir Mahmood
Person
We are a small startup. We don't have the balance sheet to withstand years of lawsuits, even meritless ones. When that risk rises, capital pulls them back and innovation slows. This bill barely passed through the Assembly. Those legislators were willing to risk the next robotic surgery, the next at home chemotherapy, the next therapy that gives someone's father his life back.
- Nadir Mahmood
Person
You have a chance to be different. How you vote today is how you will be remembered by the patients who needed you. The patients waiting are not abstractions. I think of the young women with lupus nephritis who cycle through treatments that don't work, hoping for something better. For them, innovation is urgent.
- Thomas Umberg
Legislator
Thank you. If you're opposed to AB 1776, please queue up and approach the microphone. Go ahead and queue up.
- Patrick Foye
Person
Patrick Foye with respectful opposition from the California Kidney Care Alliance.
- Jacob Brent
Person
Jacob Brent with the California Retailers Association in respectful opposition.
- Chris McCauley
Person
Mister Chair, Chris McCauley, on behalf of the Los Angeles Area Chamber of Commerce, respectfully opposed.
- Delilah Clay
Person
Delilah Clay, on behalf of the California Construction and Industrial Materials Association, in opposition.
- Matthew Easley
Person
Matt Easley, on behalf of the California Chapters of the Associated General Contractors and the Motion Picture Association, in opposition.
- Chris Bowen
Person
Chris Bowen representing the Building Owners and Managers Association and NAIOP SoCal, respectful opposition.
- Brenda Gutierrez
Person
Brenda Gutierrez, on behalf of the Bay Area Council, in respectful opposition.
- Michael Robson
Person
Thank you. Mike Robson here on behalf of the Walt Disney Company. We're opposed.
- Oracio Gonzalez
Person
Oracio Gonzalez, on behalf of California's Business Roundtable and the California Business Properties Association, in opposition.
- Michael Bolota
Person
Thank you. Mister Chair and members, Mike Bolota on behalf of Apple and Delta Airlines in opposition.
- Sarah Nocedo
Person
Sarah Nocedo, on behalf of the California Chronic Care Coalition, in respectful opposition.
- Anna Buck
Person
Anna Buck, on behalf of the California Association of Realtors, in opposition.
- Megan Loper
Person
Megan Loper, on behalf of the California Hospital Association, in opposition.
- Chris Scroggin
Person
Chair and members, Chris Scroggen, on behalf of the American Investment Council, in opposition.
- John Winger
Person
Chair and members, John Winger with Slogans, Jensen, here on behalf of the Advanced Medical Technology Association, AdvaMed, in opposition.
- Claire Conlon
Person
Claire Conlon, Biocom, on behalf of 1,800 biotechnology and medical device companies.
- Robert Singleton
Person
Robert Singleton with Chamber of Progress, also respectfully opposed.
- Vanessa Chavez
Person
Vanessa Chavez with the California Building Industry Association in opposition. Thank you.
- Chris Schultz
Person
Chris Schultz with the California Bankers Association, also in respect for opposition.
- Chris Rose
Person
Chris Rose, on behalf of the Information Technology Industry Council, in opposition.
- Justin Fanslau
Person
Good afternoon. Justin Fanslau, on behalf of Davita, in opposition. Thank you.
- Naomi Padron
Person
Good afternoon, Chair and members. Naomi Padron, on behalf of the Computer and Communications Industry Association and also on behalf of the Self Storage Association, respectfully opposed.
- Ashanti Smith
Person
Ashanti Smith, on behalf of the Silicon Valley Leadership Group, in respectful opposition.
- Amanda Gualderama
Person
Amanda Gualderama with Cal Broadband, also registering for the California Hispanic Chambers of Commerce, in opposition.
- Louis Brown
Person
Louis Brown here today on behalf of the California Grocers Association in opposition.
- Jonathan Arambel
Person
Jonathan Arambel, on behalf of CTIA, the trade association for the wireless industry, also in opposition.
- Melissa Koshlaychuk
Person
Melissa Koshlaychuk, with Western Growers, in respectful opposition.
- Obed Franco
Person
Obed Franco, on behalf of the California Hotel and Lodging Association, in respectful opposition.
- Erin Norwood
Person
Erin Norwood, on behalf of the California Land Title Association, also in respectful opposition.
- Jackie Onas
Person
Jackie Onas with Jensen on behalf of California Fuels and Convenience Alliance. Respectfully opposed.
- Margie Lee
Person
Margie Lee, Sampson Advisors, here on behalf of the California Beer and Beverage Distributors, as well as California League of Food Producers, in respectful opposition.
- Annalee Akin
Person
Thank you, Mister Chair and members. Annalee Augustine with the Civil Justice Association of California, also respectfully respectfully opposed. Thank you.
- Dylan Hoffman
Person
Good afternoon. Dylan Hoffman, on behalf of Technet, in opposition.
- Sarah Bridges
Person
Sarah Bridges, on behalf of the California Manufacturers and Technology Association, in respectful opposition.
- Marisol Ibarra-Bouslama
Person
Marisol Ibarra-Bouslama with Consumer Brands Association, in respectful opposition.
- Marlon Lauer
Person
Marlon Lauer with the California Restaurant Association in opposition. Thank you.
- Carl London Ii
Person
Mister Chairman and members, Carl London on behalf of the Recording Industry Association of America, also in opposition. Thank you.
- Thomas Umberg
Legislator
Alright. Anyone else in opposition? Please approach the microphone.
- Connor Gusman
Person
Connor Gusman on behalf of - sorry. I've been asked to relay the support of the Institute for Local Self Reliance. Apologies for the support
- Thomas Umberg
Legislator
Anyone else who wishes to provide opposition or support on AB 1776. Now is your opportunity. Going once, going twice. Sorry. Bring it back committee.
- Thomas Umberg
Legislator
I guess I see now why it didn't go on the consent calendar. So, alright. Bringing bring it back to committee members. Senator Valladeras.
- Suzette Martinez Valladares
Legislator
Thank you. And I wanna thank the author for taking on this really big issue. I know how hard you've been working on this, and I can definitely empathize with your intent here for - we all want a fair and level playing field in business, and I agree with you on that. However, I do have some serious concerns about the private right of action in the bill. So, two things.
- Suzette Martinez Valladares
Legislator
One, I'd love if if I think we had the opposition, if the opposition from Cal Chamber could come up, and one, kind of go through and and run through why the private right of action is so problematic for business. And then I'd also like to, motion to move the bill with the Chair's amendments. Okay.
- Thomas Umberg
Legislator
But just to be clear. the Chair - there's some amendments that are contained in the analysis, but, they're not necessarily the Chair's amendments. So, but, I understand.
- Suzette Martinez Valladares
Legislator
Okay. So, if the Chamber could weigh in on why the private action is so.
- Eric Hansen
Person
Right. Certainly. Thank you. Again, Eric Hansen with Crowell and Moring on behalf of Cal Chamber. Even with these amendments, there is still a significant amount of uncertainty in terms of how this bill will be applied in the California courts.
- Eric Hansen
Person
And we already know from a bill that the author passed last year that we have a pleading standard that's lower than in in federal courts. So the PR, the private right of action really opens up small and medium sized businesses to lawsuits by competitors, entities that have lost the competitive race, as well as other business or other, business partners that they may have who are unhappy with the single firm conduct of a particular firm.
- Eric Hansen
Person
So, removing the PRA, in our view, acts as an exemption for small and medium sized businesses because the attorney general is highly unlikely to bring a claim against those types of businesses unless there is some sort of massive consumer harm. And that's very difficult to imagine when you're talking about small and medium sized businesses. So, we do think the PRA is incredibly important and and probably was the biggest, concern we had with this bill from the very start.
- Suzette Martinez Valladares
Legislator
No. I'll just tell the author that with the private right of action and the bill, I'm not sure. So, that amendment, I - my understanding was offered by the Chair to pull the...
- Thomas Umberg
Legislator
Well, if you're interested in her response to the the private right of action, that's one thing.
- Suzette Martinez Valladares
Legislator
So, I would I would love to understand why, why you would wanna include the private right of action knowing that I could have some unintended consequences for for business and walk me through that.
- Cecilia Aguiar-Curry
Legislator
I would like, my expert witness, Cordray, who's the speaker might like to coordinate..
- Richard Cordray
Person
It's my understanding there has always been a private right of action under the Cartwright Act going back to 1907. So, that's not new. And in terms of, exempting small business, there's been an amendment to this bill to exempt 98-99% of small businesses from its coverage. So, there's nothing new here on private right of action other than people wanna see it go away. But it's not been a problem under California law for a hundred years.
- Suzette Martinez Valladares
Legislator
And to the Chamber, can you can you weigh in on that perception?
- Eric Ensign
Person
Certainly. Yeah. So, it is correct that the the Cartwright Act has had a private right of actions, I think, since its passage or at least shortly thereafter. The standards, however, that we have been applying the car act have been have been pretty well defined for for quite some time. The small business exemption, in our view, is not an exemption.
- Eric Ensign
Person
It is an affirmative defense that a small business can, if it hires lawyers and gets all the way through, you know, probably a year of litigation in superior court, it can assert that affirmative defense then. It is not an exemption. Most small businesses, they're not publicly traded. It's unclear how many employees they have, what their revenues are, where their directors are located and domiciled. So, any business can be sued under this bill.
- Eric Ensign
Person
Some businesses may have an affirmative defense under the what we're calling the small business exemption. If you remove the private right of action, those small and medium sized businesses are not likely to be sued in the first place by the attorney general or some other public prosecutor.
- Thomas Umberg
Legislator
So, number one, while there are, items listed in the analysis where there were requested commitments, not amendments, but requested commitments. And as I understand it, majority leader, you, in good faith, had committed to those commitments, and we can go over those in just a minute. But in terms of the requested issue concerning the private right of action, there are two sections here.
- Thomas Umberg
Legislator
There's Section one and Section two, the Sherman Antitrust Act, that there was never a suggestion, at least not by me, that we take out the private right of action under Section one actions, under the existing laws. In other words, no, change as to the existing law, with respect to a private right of action.
- Thomas Umberg
Legislator
The challenge is as to the private right of action as we expand it into section two territory. So, I don't know if that clarified anything or if I muddied the waters, but I but I wanted to make sure that we're we're on the same sheet of music in terms of commitments and amendments.
- Suzette Martinez Valladares
Legislator
Understood. And I would like - I have some of the other opposition to weigh in on this.
- Abiel Garcia
Person
Hi. Pablo Garcia. So, I have to slightly disagree with my colleague, Eric. The exemption actually is an affirmative defense, and affirmative defense comes after you put in an answer. You would have to be, as a plaintiff, bring the case affirmatively and make those facts proof.
- Abiel Garcia
Person
You have to prove those facts. So, the burden is on the plaintiff to prove that the entity you're suing has more than a 100 employees, has more than $10 million in revenue over three years, and is based in California. It's an affirmative burden of proof on the plaintiff. An affirmative defense is a burden of proof on the defendant. Right?
- Abiel Garcia
Person
So, you would not have to go through a year of litigation to make that claim. Right? You could just say, "This doesn't apply to me. It's an exemption." And on the second point on why the PRA is important.
- Abiel Garcia
Person
The AG only represents natural people in its parents' patriarch capacity. If we are worried about competition between businesses, by eliminating the corporate victims, companies that have been shut out of the market because of these anti-competitive conduct would not be allowed to recover their damages. The AG could not recover for them. So, I think it's imperative that
- Thomas Umberg
Legislator
We keep it in the bill. Thank you. And others wishing let let me let me get the queue here lined up. Okay. We're gonna go to Senator Wahab, then Senator Laird. Okay.
- Aisha Wahab
Legislator
Thank you. So, I just kinda wanna hear from the author, what what is the goal that you're seeking to achieve?
- Cecilia Aguiar-Curry
Legislator
My goal is to protect small businesses, medium sized businesses. And we're seeing them swallowed up on a regular basis in my small communities, my rural communities. I see it all the time. And right now, I have a vacant front that just happened this past week. So, I'm here to protect the small businesses.
- Cecilia Aguiar-Curry
Legislator
I've been in this Assembly since 2016. I promised my constituents in all my rural communities that I would fight for them, and I'm here to do that fight.
- Aisha Wahab
Legislator
Thank you. I do wanna highlight that in in this committee, we often kind of see a lot of bills come forward, and it's very much industry and protecting either the consumer or, obviously, the industry and and much more. And my biggest frustration has been that things have gone too far and it's out of balance.
- Aisha Wahab
Legislator
And that is the reason why that I have always specifically asked to sit on this committee because we have not prioritized the individual, the consumer, the renter, the, you know, you name it, the little guy. And I do believe that the American government, at all levels, needs to work for the people.
- Aisha Wahab
Legislator
Right? When we take a look at some of our laws, the fact that it has not been updated in support of the people for literally decades, if not hundreds of years, That is a problem that we see. Number one, we have also seen consistently the amount of big money that largely comes from corporations that influence policy and politics, which I think has led us to the the area in the time that we are in right now.
- Aisha Wahab
Legislator
In comparison, I do want to flag that when we take a look at European laws and the fact that when we talk about a private right of action, European laws will actually penalize businesses if they are wrongdoers by a percentage of their profits. Right?
- Aisha Wahab
Legislator
Which is significantly worse than anything that we do here. And it has worked for the European nations. And I highlight that because I have said this before in this committee. Oftentimes, we see big industry groups violate the rights of regular everyday Americans, and it is cheaper to pay the fine than to actually do the right thing. Right?
- Aisha Wahab
Legislator
And they get away with it. And so, I understand the concerns that some of the business groups, and I will say I support the small mom and pop, business that literally cannot compete to keep their doors open, whether it's a brick and mortar, whether it's, even some of the smaller businesses that trying to open and do online business. We have seen pricing manipulation.
- Aisha Wahab
Legislator
We have seen, you name it: issue after issue after issue that not only affects the consumer, but also those that actually wanna be entrepreneurs. So, I respectfully appreciate you bringing this bill.
- Aisha Wahab
Legislator
I respect all the individuals that came to testify, all the people that we've talked to while throughout the year. And I'm very proud that this bill is coming forward and has come this far. With that, I will be moving the bill. Chair, just flagging that I will be moving the bill. And again, we will see where the conversation goes. Thank you.
- John Laird
Legislator
Thank you, Mister Chair. And with the author, I would like to follow-up on the subject that came up. I've had more incoming on this bill than any of the other 74 bills on today's agenda on both sides. And there was this, and the Chair's comments may have clarified this, but there was this disagreement on fact about whether the private right of action was something that, in effect, was in statute or required that really couldn't be authored or or altered by this bill.
- John Laird
Legislator
And yet, the Chair, when he said that, indicated that there were two major sections of the bill and maybe we're doing apples and oranges that it it is really clarified clearly in one section, but this bill might well expand it to the second.
- John Laird
Legislator
And I wondered if you could speak to that difference that I was hearing from the stakeholders in this, because I had one just definitive email that said that it cannot be changed. And then I had all these things in a committee amendment that asked that it be taken out. So, there's clearly some fact that needs to be clarified here.
- Abiel Garcia
Person
So, I think the issue here is - I'm trying to interpret the question, the question to make sure, you know, can we take out the PRA or can we not take out the PRA? Is that is that the correct question?
- Abiel Garcia
Person
Yeah. So, I can't comment on whether the legislature is allowed to do that. I can only comment on why I think it's a bad idea to take out the PRA.
- John Laird
Legislator
We'll be here till ten. But I think it's a factual question I'm trying to get at the bottom of is is people factually were representing the opposite point of view to me. And factually, I'm trying to understand, can we not touch the private right of action that's in the bill or inferred at least in the bill because it's in law, in a way we can't change it? Or can we?
- John Laird
Legislator
And if the fifth amendment, you took four, the fifth one from the committee was about this.
- John Laird
Legislator
And if they're laying out the amendment, the inference is is that you can deal with it. So, I'm trying to figure this out.
- Abel Garcia
Person
Okay. So clearly No. I was counting on you to cite the exact statute.
- Abel Garcia
Person
Yeah. I I wanted to make sure that I you know, my my reaction was correct in terms of I believe constitutionally, yes. You could try to write out the private right of action from this bill. I think that it you could try to do that. None of the other 45 states that have similar laws and some that even go further than this one, like Minnesota statute, have ever written out the PRA. And Section one, section two, the Terminact also have a private out of action.
- Unidentified Speaker 005
So we would be uniquely positioning ourselves to to write out the PRA. No other law had that is deals with single form conduct writes out the private right of action. So I think they -
- John Laird
Legislator
It's very helpful that I think whenever you say that we would be unique, it's not gonna cause people to move.
- John Laird
Legislator
Yeah. No. I appreciate that. And I think maybe to just make a comment, it's because I've been struggling with this. I feel like you took some major amendments here.
- John Laird
Legislator
You're working on this, and I would like to give you the chance to continue to do that. But it is clear from the testimony, and it may be clear from comments that have yet to be made by the committee that that there is a desire to do that, and there might be some things that are actually stated really clearly that you still need to work on. And and the clock is ticking.
- Cecilia Aguiar-Curry
Legislator
Yeah. Absolutely. And as I have said from day one to all of you on this panel, on on the committee as well as to the Chair, I will continue to give my heart and soul a 100% to make sure we do good policy, and that's what we should be doing with such a complex bill. So I I commit I will commit to you to continue to work on this, Senator Laird and others.
- María Elena Durazo
Legislator
Yeah. In in the middle of all of this complicated legal analysis, can any one of your witnesses, madam author, give me a real example of what this would do for regular working people? What what does it matter to them to pass this bill as far as the impact on regular working people? Did you have you had cases or something, some examples?
- Abel Garcia
Person
So I I think if you pass this bill, it allows us to restore competition very, in areas that touch every everyday Californians. Pharmacies are one. We all have had independent pharmacies around us. I live in Altadena. I've had Walgreens and Rite Aid's closed all around me to now I only have a CVS anywhere near me.
- Abel Garcia
Person
And I partially, that's because of consolidation in the health care and pharmaceutical industry, particularly the the pharmaceutical benefit manager area. These are three companies across The United States that really maneuver in the background of what formularies and drugs we can access, where we can access, and what the prices are.
- Abel Garcia
Person
I've had independent pharmacies that I have represented that have lost their ability to compete against, you know, specialty pharmacies, the big mega pharmacies because they are getting underpaid for the drugs that they're trying to provide to their communities. And I think this bill would address the ability for Californians in one instance to get back independent pharmacies, small pharmacies that compete in their local communities.
- Cecilia Aguiar-Curry
Legislator
I'd like to also just make a comment, Senator. In my community, I had three pharmacies. They went away. I convinced by doing some other legislation to get a small rural pharmacy in my community, and I have one now. I can't do all the work.
- Cecilia Aguiar-Curry
Legislator
Absolutely can't. But my residents live anywhere from 15 to 20 miles away to the nearest CVS or what whatever the pharmacy is. So they struggle with that. I've been fortunate enough to have my, local clinic help out with getting some of those pharmacy items to my constituents, but it's a struggle. And as my community gets older, it's a longer ride to get to some of these places.
- Cecilia Aguiar-Curry
Legislator
But when that happened, that's one of the things that went away on my downtown. I had a 5 and dime with a pharmacy in it. It's gone. I had a I had a pharmacy on the corner across the street from my doctor's office. It's gone.
- Cecilia Aguiar-Curry
Legislator
So we've struggled in these communities. And so that's one of the the one of the many reasons why when you're sitting and you live and breathe it in these small communities as well as the large communities, we have deserts of different businesses have gone away. That's what's so important.
- Angelique Ashby
Legislator
Right. First of all, thank you to the author. And I know you well. I've known you long before you entered this building and before I entered this building. And you your heart has always been mayor of Winters, small town farm community, trying to help people have access there.
- Angelique Ashby
Legislator
And I I can see your heart print on this bill just as much as I could see it twenty years ago when I saw you standing up to defend farm communities at the regional cog. I do have some concerns about the bill. I'll state right away. I'm gonna vote for it today. I'm gonna support you, give you time to work on it.
- Angelique Ashby
Legislator
I've been clear with everyone who has called us. That is my intent today. But I do have concerns because actually, we do we have made many changes to the Cartwright over the time here. But we sort of noodle around the edges on things. And if you look it up, you'll see all kinds of things that have changed.
- Angelique Ashby
Legislator
Antitrust law is so complicated and difficult. And I do not pretend to be an expert on it. And kudos area of practice. And that is because it is so specific. One of my concerns with this bill is that I don't want to create a new form of litigation against businesses that is litigation for the sake of litigation, which is one of the areas that to Senator Laird's credit, he's sort of speaking to.
- Angelique Ashby
Legislator
In California, we do things differently. We this is a far more address things here, it's not unusual. We all know you can ask this entire front row and everybody up here too. We're all very accustomed to being told take the private right of action out. It's pretty common either from that Judas Chair or that Judas Chair, either one of them.
- Angelique Ashby
Legislator
Because in this in this state, we those private right of actions create sometimes a whole bunch of litigation, and we're all trying to avoid that for a variety of reasons outside of antitrust and outside of this particular issue. So so I will be looking at what you do with that in the next committee where you land. And I know I can see the judicial staff up here getting itchy around us using these terms about proposed.
- Angelique Ashby
Legislator
You're you're we're proposing some recommendations for you that you're considering in the next house that you're committing to take and on the next in the next committee versus amendments that are on the table right now. But you have made a commitment to work on four of these five issues that the committee analysis lays out.
- Angelique Ashby
Legislator
My question to you is, and it's not for them, it's for you, what's your commitment to work on that fifth one in the next committee too, which is this PRA. And I'm not asking you about the PRA in terms of its legal form and function. I I'm talking you you you you're the majority leader. You understand. You know exactly what you're up against here and that people wanna support you because you work hard on your bills.
- Angelique Ashby
Legislator
But I think many of us think there's still some more work to be done there on that private right of action discussion as relates to the second expanded portion of what you're trying to do. So what is your goal there? So I'm willing to work on
- Cecilia Aguiar-Curry
Legislator
the enforcement, and, issue of the frivolous lawsuits. And but the private right of action is a big larger discussion. And like I said before, I'm committed to working on that. I'll work with the Chair. I'll work with you.
- Cecilia Aguiar-Curry
Legislator
I'll work with the attorney general, and I'm deeply committed to resolving the enforcement issue with you. This bill does not specify enforcement today. It works with the existing framework of the Cartwright Act. Experts have raised to me and to all of us concerns, about undermining Cartwright and single firm conduct laws across the country. Today, no other single firm conduct, law prohibits private rights in of action, and that includes 45 states and Federal Government.
- Cecilia Aguiar-Curry
Legislator
I'm going to continue to work on this. I think it's, a challenge. I like challenges, and I would love to see that all of us are on the front page of a newspaper, said, look what California's doing and how we've, attacked this issue. So I will I'm committing to you that I will continue to work on this. I will continue to work with my expert, experts, and, you know, I'm not the attorney in the room.
- Cecilia Aguiar-Curry
Legislator
I'm not the attorney in the room. What I am is the one that's gonna be here. Scott, as my friend, Elaine Houston, would say, I've got the brass backbone to take on a really difficult bill.
- Angelique Ashby
Legislator
There are plenty of attorneys in the room not helping us get there any faster. Self included. Assemble that. Self included. Lots of fingers pointing in every direction. But I wanted to hear you say exactly what you just said, which is that you understand that the potential for excessive litigation is still needs to be discussed and worked on and that you're committing to work on that and also committing to accept the other four pieces of the chair's recommendations by way of analysis through this committee. We do. Chair's recommendations by way of analysis through this committee.
- Cecilia Aguiar-Curry
Legislator
We did add some in the Assembly, we added some guardrails to avoid frivolous litigation. I'm committing to those amendments that in this committee should do to do more. Okay.
- Angelique Ashby
Legislator
And to to look at them because you're headed to a probes next. So you still have a little bit of time there to work on around this private right of action or litigation component some more, and you are willing to work on that.
- Angelique Ashby
Legislator
I hope not. I like you here. Alright. With those caveats, you'll have my support today.
- Henry Stern
Legislator
Yeah. Thank you. Can we just pick up on that thread? So maybe your maybe your proponents can explain to us a little better the the 45 other cases that you're talking about and how this sort of this use of the PRA in those cases either differs or is similar to the current bill we've got for us. Maybe just get a little support up perspective on that because I've heard competing descriptions Yeah. So the state of current law and other states.
- Abel Garcia
Person
So there's 45 states that have similar single firm conduct bills either marrying the Sherman Act or kind of variance of it. Minnesota is probably the most farthest state, but all of them have a right to private enforcement. So we would
- Henry Stern
Legislator
Right. I I get that, but I guess I'm curious to hear maybe from the opponents. Is this bill like those other 45 states or is it different in your view? Do do do you agree with the the supports?
- Unidentified Speaker 010
No. I think it is I think it is different. I think there is I don't know if it's 45 states. There is a large number of states that have some sort of single firm conduct law. They're one of two variations. One, they're exactly the same as section two of the Sherman Act, or they are an unfair competition law, exactly the same as our unfair competition law. I haven't done a study as to how many of those states have actual private rights of action. What I do know is at least 17 of those states, have restricted private rights of action, meaning that indirect purchasers.
- Unidentified Speaker 010
Which are usually consumers, cannot sue under those state laws. So there is a history and a template of states having antitrust laws and having some restrictions on who can sue and under what theories, for sure. But I but again, the single-firm conduct laws that have been cited over and over again, we've got one. We've got the unfair competition law. That's got a private right of action. We've got the unfair practices act. That covers single-firm conduct. That's got a private right of action. So we are not that different from all of these other states.
- Henry Stern
Legislator
And so when when I'm if I'm trying to understand what the the committee's sought after commitments are on this front, Mister Chair, you were distinguishing between section one and Section two and that that the recommendation of the committee on on this issue is is around Section two. So in other words, not looking at existing Cartwright Act claims, but new claims that could arise under under this revised new cause of action. Is that the right way to describe Exactly. Right.
- Henry Stern
Legislator
Expand it. Okay. And so it's not not it not fair to say that that this is just simply a codification of existing law and how we have it under Cartwright Act because we are establishing a new cause of action under this bill. Okay. And so from the author's perspective, when you say frivolous, can you give us since we're talking about concepts and commitments and not specific language, no one wants to little hard to vote on a bill when I I'm voting on a concept or a commitment. So I wish it was set of amendments that I just knew that I was looking at.
- Thomas Umberg
Legislator
Yeah. Set the committee's mind at this. I'm gonna actually go over the specific language of the four that Okay. The author has committed to so that that we have a record that's not ambiguous.
- Henry Stern
Legislator
Okay. So That'll be super helpful. Right. Maybe maybe in advance of that, just can you help us give us a little bit of a crystal ball of where you think this that that you'd be willing to head. It sounds like you've the removing that cause of action entirely is a nonstarter for you, but is it about evidentiary standards?
- Henry Stern
Legislator
Do you have a better sense of sort of where this might go so I know where I'm I know what I'm
- Henry Stern
Legislator
Sorry. Maybe your proponents have a sense or maybe they they probably don't wanna have that sense.
- Unidentified Speaker 011
So I I think I think what I hear the author saying is she's willing to talk about evidentiary standards and those things and that could be a discussion. But for the private right of action, under Section one, it's always been there in California. And under Section two at the federal level and 45 states, it's always been there.
- Unidentified Speaker 011
They're suggesting that it should not be here. That would be the first time anywhere in the nation that that had been true.
- Henry Stern
Legislator
What we're do what we're codifying here in terms of the gap, what you we see as a gap in the Cartwright Act is is new law and so we're applying an old paradigm for cause of action but under a new framework.
- Unidentified Speaker 011
But it's the same law that already exists in 45 states and it's similar to the federal law. So it's not new, it's just it would be new.
- Thomas Umberg
Legislator
Wait. Wait. Wait. Let's let's do this as question and answer. Please. You got a question Yeah. For the the prop the the proponents. Yeah. Okay.
- Henry Stern
Legislator
So just that that this cause of action here is identical to the other 45 states?
- Unidentified Speaker 011
That's my understanding. There may be some evidentiary differences and if so, I'm sure that's something that the author could work with you on. Yes.
- Thomas Umberg
Legislator
Okay. But maybe we should have the opponent. Yeah. Just That's not that's not what I heard but
- Unidentified Speaker 010
So so again, the the the single firm laws in other states are of two versions. One, they are exact copy of Section two of the Sherman Act, or they are a a unfair competition law, like our seventeen two hundred here in California, which bans unfair, unlawful, and fraudulent conduct. It's one of those two. This bill, I will concede, looks a lot more like Section two after last night and the proposed amendments than it did the day before.
- Unidentified Speaker 010
So it's getting closer. There's no doubt. But what what I was saying was that even in those states that have some version of a single firm conduct law, there are states, and there are 17 of them, that have some restriction on who can sue and what the private right of action looks like and what plaintiffs can actually sue. So it's not unheard of at all.
- Henry Stern
Legislator
May I just one more follow-up on that, Mister? What what are those differences in terms of is that are there standing issues? Are those evidentiary issues? What what what are those?
- Unidentified Speaker 010
It's the type of plaintiff. So, under federal law, indirect purchasers, so people who purchased a good or a service from, from a distributor or some other person who was not the wrongdoer, Under federal law, they do not have standing to sue. A number of states in response to that Supreme Court decision, including California, adopted what's called Illinois Brick Repealer Laws. And these are laws that gave indirect purchasers the ability to then bring lawsuits despite the Supreme Court precedent.
- Unidentified Speaker 010
We did that in California and a number of other states did it too. But there's at least 17, I think it's 17, who didn't and decided we're not gonna let indirect purchasers free bring a private right of action. And that's usually consumers, usually. So that is that is the difference. So there are examples of of standing and private right of actions being, managed by states.
- Henry Stern
Legislator
So the STA there's difference on the standing front, but not necessarily from an evidentiary perspective now that we've
- Henry Stern
Legislator
Yeah. Especially now that the word substantial is being proposed to be added, I would imagine that evidentiary thresholds are I mean, to meet that standard are gonna change.
- Unidentified Speaker 010
Substantial is different from what we had in there before. Yeah. As I mentioned earlier, it's not the federal standard. The federal standard requires monopoly power, not substantial market power. I'm not sure I really know what substantial market power is.
- Unidentified Speaker 010
There may be an economist who economist who can define that for us. But it is so that in that respect, it's certainly different from section two of the Sherman Act.
- Henry Stern
Legislator
Okay. Alright. I'll, I'll turn it back to the Chair. I'm eager for your
- Cecilia Aguiar-Curry
Legislator
Chairman, can I have respond to that? Go ahead. I would like my, extra witness to respond to that, please. Yeah.
- Abel Garcia
Person
So just just to pick up on that point. Right? So, you know, colleague Eric talking about that there's limitations. It's a standing issue. Right? So okay. We can still have a private right of action. We have standing. But to the extent that we're saying that there's only two kinds of laws that the states have, either the exact copies of the Sherman Act or exact copies of our unfair competition, it's not correct. Minnesota has a very broad law that has been enacted since 1971.
- Abel Garcia
Person
It states the establishment, maintenance, or use of, or any attempt to establish, maintain, or use monopoly power over any part of trade or commerce by any person for the purpose of affecting competition or controlling, fixing, or maintaining prices is unlawful. That's that's way more kind of if you put it in categories left than than this bill here. This bill's language, the heart of it is lifted exactly from section two of the Sherman Act.
- Abel Garcia
Person
It's reworded a little bit and the word monopsonizes at it, but it is just a rewording of Section two. So I think we're more closely in line with the states that have Section two Sherman Act analogs than we are, you know, a field of of anything else.
- Abel Garcia
Person
Yes. With substantial market power, which does come from California case solved discussed in Fisherman's Wharf, which is a case the appellate court case. And so, you know, these terms that that have been added as of last night or or proposed to be added, do come from California case law.
- Thomas Umberg
Legislator
Okay. Alright. Thank other questions, Senator Stern? Okay. Alright.
- Benjamin Allen
Legislator
I just I appreciate that dialogue a lot. I I I'm getting pinged to to run the Assembly public safety to go present right now. But I I just I I particularly wanna appreciate your dialogue with Senator Ashby. I I align myself with our comments. And and you've made, you know, commitments to a number of us to to to try to land some of these issues with the Chair if the bill gets out today.
- Benjamin Allen
Legislator
So it's not to, you know, create some of the challenge. Some some of the the problems that are being you know, that we're being warned of by by by by various voices in the opposition. I think it's gonna be really tricky to land it quite frankly, but and I I don't I'm I'm you've been you've been alluding to some special sauce. So I don't know why that wasn't able to get done with the Chair before today.
- Benjamin Allen
Legislator
But but obviously there's some time, you know, as we go into the recess. And I I know you can be working hard on it with this committee to get to a place that meets the the needs of meets your needs and those of Chair and the committee.
- Thomas Umberg
Legislator
Alright. Other questions or comments? Seeing no other questions or comments, so let let me make a few comments. First of all, majority leader, you have been unbelievably responsive. And I I appreciate the fact that at no point did I say I was actually gonna support the bill.
- Thomas Umberg
Legislator
But nevertheless, because of your passion, I think, for this issue and your your interest in making sure you get it right, you have agreed to certain commitments. And I'm gonna go over those commitments right now because we are making legislative history as we speak.
- Thomas Umberg
Legislator
So let me just make sure that we're on the same sheet of music that you will add in the next committee language to expressly affirm that a business may lawfully obtain and maintain market power or monopoly power through the superiority of its products, services, or business acumen? Yes. Alright. And you will delete section one of the bill, the second set sentence of subdivision, small case d, relating to dismissal of a case pursuant to the Sherman Act.
- Thomas Umberg
Legislator
And you'll delete from section two of the bill the quote unreasonable restraint of trade, end quote, prohibition, and the reference to quote, one or more persons, end quote, in subdivision small case a.
- Thomas Umberg
Legislator
And lastly, you'll clarify in Section two of the bill that a plaintiff must allege and prove that the defendant has substantial market power. Alright. Absolutely. And and, you and I have discussed the issue of this private right of action that's been thoroughly thrashed here today. And two weeks ago, I didn't know much about antitrust law.
- Thomas Umberg
Legislator
I'm not sure how much I know now, but I appreciate your opportunity and your effort to educate me. And at the at the risk of doing my own research, economic as well as legal. My concern is my concern is that as we provide this new tool as we provide this new tool to enforce antitrust actions is that, we do it incrementally. We provide the attorney general and perhaps district attorneys as well the opportunity to enforce the law.
- Thomas Umberg
Legislator
And to the extent that we feel they're deficient, I won't be here. You perhaps will be here, to to extend and expand that law at that point in time if if if we still see issues. But, Mike, I I voiced this concern before that we want to make sure that we are not stifling competition by virtue of the threat of lawsuits. We're not stifling competition, particularly those who have much smaller market power than exists currently using federal law so that we don't stifle them. So that that is my concern. And and that's why I'm I'm not gonna be supporting the bill today.
- Thomas Umberg
Legislator
But I am grateful for your engagement. I'm grateful for you taking these, what I believe to be improvements to the bill. And with that, would you like to close?
- Cecilia Aguiar-Curry
Legislator
I would absolutely like to close. Obviously, the last thing I want, senators, unintended consequences. But I wanna thank everyone here. I wanna thank my colleagues for the thoughtful discussion. But at the end of the day, this bill is about protecting competition.
- Cecilia Aguiar-Curry
Legislator
So the California economy works for everyone. It's about making sure the success comes from building the best product, offering the best service, and competing on the merits. It's about making sure that no company, no matter how large, can use its power to shut out others and limit opportunity. This bill reflects years of careful study, extensive public input, and a unanimous recommendation from the California Law Revision Committee. But I know that even after three and a half years, our work is not done.
- Cecilia Aguiar-Curry
Legislator
Mister Chairman, I commit to you that if this bill moves out of committee today, we will work on it to narrow the remaining gap. I've worked hard with antitrust experts to amend the this bill to put in guardrails and exempt small businesses. I've been able to work with businesses like the waste haulers, who came to me to ask about clarifying their existing immunity under case law. We reached a deal.
- Cecilia Aguiar-Curry
Legislator
I'm committing to the four significant steps to more closely align with the Fed the bill with the Federal law, remove the unclear language, and make it harder to bring a meritless suit. No one wants to receive frivolous suits, and my amendments make that sure that won't happen. This bill reflects work by a broad coalition of organizations, including small business organizations, and sponsorship by the small business majority with over 85,000 small business members. We have over a 100 small business organizations and small business owners in support of this bill. In addition to patient advocates consumer advocates and labor. I will continue working with the committee.
- Cecilia Aguiar-Curry
Legislator
Opposition and experts on the enforcement and make sure that our businesses do not suffer unintended consequences. And after months of asking and receiving nothing from opponents, I would still consider their proposals on how to make this bill better. Absent that, there are plenty of smart people out there to help. This bill before you today takes a measured approach. It closes the loophole, but it works within California's existing antitrust framework.
- Cecilia Aguiar-Curry
Legislator
And ultimately, it's about preserving the opportunity for small business workers and communities across California to thrive. I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty. We have a quorum. So committee supporter, please call the roll. Oh, Senator Wahab moved the bill. Senator Wahab has moved the bill.
- Committee Secretary
This is file item number two, AB 1776. The motion is do passed to the Senate Appropriations Committee. [Roll Call] Two to one.
- Cecilia Aguiar-Curry
Legislator
Great. Thank you very much, and thank you very much for all your hard work. Appreciate it.
- Thomas Umberg
Legislator
Alright. Next up, the H's are up. The H's are up. Yeah. Assemblymember Harabedian.
- Thomas Umberg
Legislator
File item number 28 AB 1842. And then, Assembly member actually, some we typically would take the Chair first. He's gonna what a gracious Chair that is. Alright.
- John Harabedian
Legislator
And and in response, that will be the quickest presentation today. I'm going to submit on the papers, Mister Chair. Thank you very much. That is all. Alright.
- Thomas Umberg
Legislator
Okay. You if we could give awards, we would give one. There it is. So alright. Questions?
- Thomas Umberg
Legislator
A b 1842. If you wish to testify in support of AB 1842, please approach the microphone.
- Thomas Umberg
Legislator
Okay. Others in support of AB 1842. Seeing no one else approaching the microphone, opposition, if you're opposed to 1842, AB 1842, please approach the microphone. Seeing no one else approach the microphone
- Cleo Bluthenthal
Person
Sorry I missed support. This is Cleo Bluthenthal on behalf of the California Community Foundation in strong support.
- Thomas Umberg
Legislator
Alright. Anyone else in support or opposition to AB 1842? Now's your opportunity. Alright. Thank you.
- Thomas Umberg
Legislator
Bring it back committee questions by committee members. Seeing no questions by committee members, is there a motion? Senator Ashby has moved the bill. Would you like to close?
- Thomas Umberg
Legislator
Give that man a prize. Alright. By the way, I know you guys have a good time to go.
- Thomas Umberg
Legislator
So it's been moved by Senator Ashby. Committee's supporter, please call the roll.
- Committee Secretary
This is file item number 28AB1842. The motion is to pass to the Senate Appropriations Committee. Umberg? Aye. Umberg, aye.
- Thomas Umberg
Legislator
60. We'll put that on call. Alright. You've set the bar very high now.
- Unidentified Speaker 000
Thank you. I got one. And I will quickly on 1847. Yes. Mister Chair, again, we'll submit on the papers.
- John Harabedian
Legislator
Thank you. With the amendments coming out of committee, opposition is off the bill. We'll submit on the papers. Thank you very much, Mister Chair.
- Thomas Umberg
Legislator
Okay. Well, we still are gonna ask for support. Yep. If you're in support of AB 1847, please approach the microphone.
- Cleo Bluthenthal
Person
Cleo Bluth and Fall on behalf of the California Community Foundation in strong support.
- Thomas Umberg
Legislator
Thank you. Alright. Others in support, please queue up. If you're in opposition, please also queue up.
- Marissa Hagerman
Person
Thank you, Marissa Hagerman with Consulting for Center for Responsible Lending in support.
- Thomas Umberg
Legislator
Wait. Wait. Anybody else in support of AB 1847? Seeing no one approach the microphone, now we're gonna turn to opposition.
- Indira Mc Donald
Person
Indira McDonald, on behalf of the California Mortgage Bankers Association, we are opposed to the bill in print. However, we will appreciate all the dialogue with the author over the past week and with amendments that we have agreement on, we would be a most removing our opposition upon adoption of those amendments.
- Vanessa Lugo
Person
Vanessa Lugo, on behalf of the California Bankers Association, for the reasons previously stated, we also will be removing the opposition when we see amendments.
- Anna Buck
Person
Anna Buck on behalf of the California Association of Realtors. Happy to remove our opposition once the amendments are in print.
- Thomas Umberg
Legislator
Alright. Thank you. Alright. Anyone else oppose AB 1847? Now's your opportunity.
- Thomas Umberg
Legislator
Okay. So as I understand, you've agreed to take amendments and the next committee?
- Andrea Lynch
Person
Yes. Good afternoon. Andrew Lynch on behalf of the California Chamber of Commerce in respectful opposition.
- Danny Keiser
Person
Apologies. Danny Kano Keiser here on behalf of California Low Income Consumer Coalition in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support or opposition to AB 1847? Speak now or forever hold your peace. Alright. So, bring it again back to committee questions, comments?
- Thomas Umberg
Legislator
Senator Ashby has moved the bill and Assemblymember Harabedian and you've committed to take amendments in the follow on committee. Is that correct?
- John Harabedian
Legislator
Thank you. Mister Chair, respectfully ask for an aye vote. So thank you.
- Thomas Umberg
Legislator
Thank you very much. Alright. Committee's support, please call the roll.
- Committee Secretary
This is file item 29 AB 1847. The motion is do passed to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
Senator Valadares has moved the consent calendar. Committee, chief counsel's concerned, so we will do that at this point in time. Committee assistant Porter, please call the roll on the consent calendar.
- Thomas Umberg
Legislator
5 to 0. We'll put that on call. All right. So, Chair Kalra, followed by Assemblymember Lackey, followed by Assemblymember Lowenthal. Chair Kalra
- Ash Kalra
Legislator
Thank you, Mister Chair. Members, AB 2495 expands the scope of prohibited unfair immigration related practices that employers use to intimidate and dissuade workers from asserting their workplace rights.
- Ash Kalra
Legislator
Anti immigrant national rhetoric has emboldened bad faith employers to increasingly deter immigrant workers from complaining about violations of the workplace rights by making bail threats, chilling statements, or implicit warnings about immigration consequences. When such employer coercion succeeds, unlawful conduct goes unreported, workplace standards erode and law abiding employers are undercut.
- Ash Kalra
Legislator
AB 2495 simply amends existing labor protections to establish that all immigration related threats are unlawful.
- Ash Kalra
Legislator
With due to revised supporting testimonies, Haley McAllister, Senior Staff Attorney with Legal Aid at Work, and Sydney Fong, Policy Director with AAPI's for Civic Empowerment.
- Thomas Umberg
Legislator
Alright. Let's turn to the support, support witnesses, AB 2495.
- Haley McAllister
Person
Hi. Good afternoon. Haley McAllister, appearing on behalf of Legal Aid at Work, which is a statewide nonprofit that advocates for workplace rights, including through serving workers in clinics throughout the State of California, and we're a cosponsor of AB 2495.
- Haley McAllister
Person
As others have raised already today, immigrant communities in this state are living under heightened fear of immigration enforcement.
- Haley McAllister
Person
Over the past year, immigration enforcement actions have become more aggressive and more public as authorities target immigrant communities everywhere from their homes to the hospital to the school yard to the workplace.
- Haley McAllister
Person
In this political climate, undocumented workers must take real and significant risks when they step forward to assert their workplace rights, and they know this. As a result, many workers are afraid to speak up even when they're subjected to wage theft, unsafe working conditions, or discrimination. The fear doesn't just harm immigrant workers. It undermines enforcement of California laws for all workers.
- Haley McAllister
Person
We are seeing employers exploit this heightened fear and weaponize immigration status, not response to complaints, but preemptively to chill workers from coming forward before they think to do so.
- Haley McAllister
Person
As advocates, we hear versions of these scenarios regularly. For example, an employer announced at a meeting, my best buddy works for ICE, and he said, so long as there's no issues here, they won't show up at our workplace. Another manager told workers that they should think about where they're gonna hide when ICE does come, and suggests that could be in the garbage or they might jump out the window.
- Haley McAllister
Person
Yet another manager told workers, or made almost daily comments, that ICE was just outside and every uniformed customer that walked into the store was ICE coming to get the workers. This conduct effectively shuts down workers' rights before workers can assert them or even learn them.
- Haley McAllister
Person
It falls to the cracks of our current laws, and AB 2495 seeks to close that gap. Thank you.
- Sydney Fong
Person
Good afternoon, Chair and Board Members. My name is Sydney Fong. I'm the Policy Director for AAPI's Pacific Empowerment, API Force, and we're a proud cosponsor of AB 2495. AAPI Force and our network organizations have seen and experienced the harms, committed by ICE against immigrant and refugee families and communities. And this impact has been especially felt in the workplace.
- Sydney Fong
Person
An immigrant worker who saw support from Filipino Worker Center experienced this firsthand, experienced, and his bad faith employer, exploiting the fear that is present in communities, across the state and country.
- Sydney Fong
Person
And as a caregiver with tenuous immigration status, he was forced to work, 13 he was for excuse me he was forced to work 14 hour day for $130 a day. His boss spoke frequently about immigration enforcement and suggested he avoid discussing his immigration status with anyone in order to prevent authorities from investigating the care home. On at least one occasion, his employer threatened to call immigration enforcement after a mistake was made at work.
- Sydney Fong
Person
No worker should have to experience such a climate, yet this, member story is too common among immigrants and refugees. And this is why we must strengthen our labor laws to protect workers against abusive employer practices.
- Sydney Fong
Person
AB 2495 builds upon our existing protections in our labor code to cover preemptive threats that coerce workers into silence. AAPI Force is proud to cosponsor this legislation, and we urge an aye vote. Thank you.
- Rebecca Gonzales
Person
Rebecca Gonzales, Western Center on Law and Poverty in support.
- Cleo Bluthenthal
Person
Cleo Bluthenthal on behalf of the California Community Foundation in support.
- Kelly Brooks
Person
Kelly Brooks on behalf of the Santa Clara County Board of Supervisors here in support.
- Ken Leung
Person
Ken Leung on behalf of cosponsor California Employment Lawyers Association in support. Thank you. Thank you.
- Ronald Coleman Baeza
Person
Ronald Coleman Baeza here in behalf of CHIRLA in strong support.
- Violet Spitler
Person
Violet Spitler expressing support on behalf of the California Rural Legal Assistance Foundation, Equal Rights Advocates, and CHIRLA has already gone. Thank you.
- Yvonne Fernandez
Person
Hello, Mister Chair and members of the committee. Yvonne Fernandez on behalf of the California Federation of Labor Unions in support.
- Thomas Umberg
Legislator
Thank you. Others in support, AB 2495? Please come forward. Alright. Let's turn to the opposition. If you're opposed AB 2495, now is your opportunity.
- Thomas Umberg
Legislator
Going once, going twice, seeing no one coming forward, let's bring it back committee for questions by committee members. Questions by committee members? Any questions? Seeing no questions. Is there a motion?
- Thomas Umberg
Legislator
Alright. Senator Wahab has moved the bill. Okay. Chair Kalra, would you like to close?
- Thomas Umberg
Legislator
Alright. Thank you very much. Committee supporter, please call the roll.
- Committee Secretary
This is file item number 37, AB 2495. The motion is to be passed to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
2-1. Put that on call. Alrighty. Thank you. Next, Assemblymember Lackey, you're up.
- Thomas Umberg
Legislator
File item number 38, AB 2290, Civil Discovery. This is my jam. So, okay. Assemblymember Lackey.
- Tom Lackey
Legislator
Well, thank you, Mister Chair. I'd want to announce that I am accepting the committee's amendments. And due to your aggressive schedule, I'm gonna waive presentation and gonna give my witness, Mister Belote a chance to weigh in.
- Michael Belote
Person
Mister Chair members, Mike Balote on behalf of the Coalition of Court Reporting Companies. All the bill attempts to do is ensure that lawyers who want to receive their transcript electronically can. But that it must be, carefully maintained so that it's tamper proof. So that the it constitutes good evidence. We want to thank, Miss Meredith for helping us through that.
- Michael Belote
Person
I should have said the same thing earlier about Mister Dordiana Real Estate Bill AB 1957. Your staff on 81 bills has done yeoman work. Thank you.
- Thomas Umberg
Legislator
You are absolutely correct. Alright. Anyone else who wish to testify in support of AB 2290? Please come forward. Seeing no one coming forward, let's turn to the opposition.
- Edward Howard
Person
Good afternoon, members, Mister Chair, members. Ed Howard on behalf of the California Deposition, Referral Reporters Association. Once the amendments outlined and the committee analysis are taken, we'll be grateful to remove our support and add our gratitude to your committee.
- Edward Howard
Person
Remove our opposition. This should be easy. We will remove our opposition once the amendments are in.
- Thomas Umberg
Legislator
Thank you. Okay. Thank you very much. Others in opposition, AB 2290.
- Graciela Castillo-Krings
Person
Good afternoon, Mister Chair and members. Graciela Castillo Krings here on behalf of the California Court Reporters Association. Wanna echo kind of what my colleague said earlier and just appreciate all the work that Assemblymember Lackey, staff and your committee have done on this bill. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Alright. Thank you. Anyone else opposed to AB 2290? Please come forward.
- Thomas Umberg
Legislator
Seeing no one else coming forward, questions by committee members. Any questions? Senator Laird has moved the bill. Is that right, Senator Laird?
- Thomas Umberg
Legislator
Okay. Senator Laird has moved the bill. Alright. Would you like to close?
- Thomas Umberg
Legislator
You shall have it. Alright. Committee assistant Porter, please call the roll.
- Committee Secretary
This is file item number 38 AB2290. The motion is do pass as amended.
- Thomas Umberg
Legislator
3-0. We'll put that on call. Thank you very much. Alright. Assembly member Lowenthal for it's Lowenthalpalooza.
- Thomas Umberg
Legislator
So thank you very much. And oh, by the way, I note that it was bring your Congressman to work day, and Congressman/ Senator/ Assemblyman Lowenthal and Doctor Lowenthal were here most of the day. And I'm sorry that they're not here because I would have liked to commend both of them for their service to our community. Please pass along my regards.
- Thomas Umberg
Legislator
No more comments from the peanut gallery. So we're gonna turn it over to Assemblyman Lowenthal.
- Josh Lowenthal
Legislator
Mister Chair, if it would be okay with you if we could begin with, 1709. I have witnesses that are on flights.
- Josh Lowenthal
Legislator
Thank you so much, Mister Chair and Senators. Thank you for this opportunity to present AB 1709. AB 1709 establishes a minimum age of 16 for social media accounts on platforms that use specified addictive design features, and creates an e-Safety Commission to oversee implementation and future digital safety policy.
- Josh Lowenthal
Legislator
When I presented this bill last week in Senate privacy, I made a commitment to the members of that committee that I would explore an important question raised in the committee analysis.
- Josh Lowenthal
Legislator
Should a platform that creates a truly separate experience for children, one that eliminates addictive feeds and other addictive features, be permitted to provide that safe version of its service to users under 16.
- Josh Lowenthal
Legislator
I want to sincerely thank the staff of this committee, in collaboration with Senate and Assembly Privacy Committee staff for helping me follow through on that commitment. I believe the amended version of this bill answers that important question, and this bill preserves opportunities for connection and inclusion while maximizing children's safety on social media platforms. I am pleased to accept the amendments proposed in the committee analysis.
- Josh Lowenthal
Legislator
I believe they strengthened the bill, and I appreciate the collaborative work that has helped move this legislation in a direction I'm very proud of. This bill takes a targeted, evidence based safeguard that recognizes what pediatricians and neuroscientists already know.
- Josh Lowenthal
Legislator
Younger adolescents are uniquely susceptible to manipulative engagement systems. AB 1709 does not regulate ideas, viewpoints, or speech. It responds to the business decision to design products using features intended to maximize compulsive engagement amongst children. California has long regulated on safe product design, and this bill applies to the very same principle to digital products.
- Josh Lowenthal
Legislator
Internal documents and testimony from major technology companies show that engagement maximizing features are intentionally designed to keep users online longer. Internal company documents, independent scientific research, and recent jury verdicts all point to the very same conclusion.
- Josh Lowenthal
Legislator
Children under 16 are uniquely vulnerable to these designs. If market incentives alone were sufficient enough to solve this problem, we would not be here today. But the economic incentive for these companies is straightforward. The longer children remain engaged, the more valuable they become to the platform.
- Josh Lowenthal
Legislator
When markets fail to protect children from foreseeable harms, government has always stepped in with reasonable safeguards. So what evidence has led us to this policy?
- Josh Lowenthal
Legislator
The evidence supporting this bill comes from the companies themselves, from independent scientific research, and now from the courts. Remarkably, all three of these reach the very same conclusion. We no longer have to speculate about whether these products are intentionally addictive.
- Josh Lowenthal
Legislator
Their company's own documents tell us such. TikTok's own internal documents state that the product itself has baked into it compulsive use. Meta Executives discussed maximizing total team time spent. And former Facebook President Sean Parker later acknowledged that the platforms were intentionally built to consume as much of users' attention as possible through social validation feedback loops.
- Josh Lowenthal
Legislator
These are not allegations from critics. They're admissions from the companies themselves.
- Josh Lowenthal
Legislator
The scientists, the science confirms what internal documents reveal. The 2026 chapter in the World Happiness Report by Jonathan Rausch. Excuse me, Jonathan Haidt and Zach Rausch concluded that social media is harming adolescents at a scale large enough to produce population level changes in mental health and well-being.
- Josh Lowenthal
Legislator
To 2023 longitudinal study produced by JAMA Pediatrics following sixth and seventh grade students over three years found that the habitual checking of social media was associated with changes in brain development that increased sensitivity to social rewards.
- Josh Lowenthal
Legislator
The mental health impacts are also clear. Studies consistently associate problematic social media use with anxiety, with depression, with poor sleep, with psychological distress. And just last month, the US Department of Health and Human Services, building on the social Surgeon General's warnings about youth social media use, issued a warning on national screen use, including that children now spend an average of seven to nine hours a day on screens.
- Josh Lowenthal
Legislator
This means they're spending more time on screens than they're spending sleeping or in school.
- Josh Lowenthal
Legislator
The advisory warns that excessive screen use is associated with anxiety, depression, disrupted sleep, poor school performance, reduced physical activity, social isolation.
- Josh Lowenthal
Legislator
This is now recognized as a national public health issue. And these consequences show up in our classrooms, our homes, and our communities. This year, a Los Angeles jury reached the very same conclusion. In KGM versus Meta, jurors found that Instagram and YouTube could be held liable because the harm resulted from product design, not from speech.
- Josh Lowenthal
Legislator
The case focused on infinite scroll, autoplay, algorithmic recommendations, and other engagement features designed to maximize compulsive use, and that distinction matters.
- Josh Lowenthal
Legislator
AB 1709 regulates product design, not protected speech. Infinite scroll, auto play, recommended algorithms, and push notifications are product features. They are not speech. Age based safeguards are nothing new. We prohibit children from purchasing alcohol, from tobacco, from gambling products, firearms, from voting, and numerous other products because we recognize developmental vulnerability.
- Josh Lowenthal
Legislator
The question before us is whether the products intentionally engineered to maximize compulsive engagement deserve similar protections. When it comes to children, age based guardrails are common, reasonable, and often necessary to protect the health, the safety, and their development.
- Josh Lowenthal
Legislator
And that responsibility belongs with the companies designing the product, and with policy makers charged with protecting children's health and safety. And the world is coming to the same realization at the same time. Australia has already enacted a nationwide minimum age of age 16.
- Josh Lowenthal
Legislator
I was there for its implementation. Since then, governments across Europe, Asia, The Middle East, and The Americas have begun adopting similar policies or age verification requirements, including Spain, France, Denmark, Greece, UK, Indonesia, Malaysia, Brazil.
- Josh Lowenthal
Legislator
Just last week, The United Arab Emirates, the President of the European Commission, has announced that the entire EU will be taking this up this summer. This is rapidly becoming an international standard for protecting children online. There's no other unsupervised environment where our children spend that much time with so little accountability.
- Josh Lowenthal
Legislator
Yet social media platforms operate with little to no scrutiny. Parents have limited visibility. Policymakers are always playing catch up, and no expert body is charged with keeping pace. Without dedicated oversight, regulation will always lag behind innovation. Our children would continue to bear the cost.
- Josh Lowenthal
Legislator
Technology evolves faster than legislation. The Safety Advisory Commission ensures that California has an expert body capable with keeping pace with emerging technologies. Every generation of lawmakers is confronted with new technologies that create extraordinary opportunities alongside extraordinary risks.
- Josh Lowenthal
Legislator
Previous legislators protected children from dangerous toys, from unsafe automobiles, from lead paint, from tobacco, and countless other products before industry voluntarily changed. And this generation faces a very different challenge.
- Josh Lowenthal
Legislator
Whether companies should be permitted to expose our children to addictive products that are intentionally designed to maximize compulsive engagement. I believe California knows the answer.
- Josh Lowenthal
Legislator
And with that, Mr. Chair, I turn it over to Doctor Erica Krisztal Felsenthal, a licensed psychologist who specializes in brain health, stress, and the intersection of social media and mental health, and Mark Berkman, the CEO for the Organization of Social Media Safety. We're here to testify in support of AB 179.
- Erica Krisztal-Felsenthal
Person
Thank you. Good evening or good afternoon. I don't even know what time it is anymore. Chair and members of the committee.
- Erica Krisztal-Felsenthal
Person
My name's Doctor Erica Krisztal Felsenthal, and I'm a licensed psychologist and the mother of two teenage daughters. I'm here in support of AB 1709. I regularly see children and families living with the consequences of addictive social media design.
- Erica Krisztal-Felsenthal
Person
Kids withdrawing from relationships, academic decline, tied to overuse, emotional withdrawal following negative online experiences, mood and behavioral changes, sleep deprivation, attention difficulties, cyberbullying, body image distortion, self harm, suicidal thinking, and more.
- Erica Krisztal-Felsenthal
Person
While these problems have many contributing factors, they are all made worse by platforms with harmful content intentionally designed to maximize engagement.
- Erica Krisztal-Felsenthal
Person
Children are uniquely vulnerable because their brains are still developing. The brain's reward system matures before the prefrontal cortex, the part responsible for judgment, impulse control, and recognizing risk. That makes adolescents especially susceptible to the endless algorithmically curated feeds, constant notifications, infinite scrolling, and personalized recommendations.
- Erica Krisztal-Felsenthal
Person
We would never expect a child to consistently resist products intentionally designed to exploit their vulnerabilities using behavioral psychology and AI to capture, predict, and prolong their attention. Yet that's exactly what we ask them to do every day.
- Erica Krisztal-Felsenthal
Person
This committee can change that. The consequences extend far beyond mental health. Operation Firewall, one of Southern California's largest crackdowns on online child exploitation, reminds us that the longer children remain engaged on these platforms, the more opportunities there are to encounter predators, sextortion schemes, drug sales, scams, and other dangerous content. Addictive feeds don't just keep children scrolling. They increase exposure to harm.
- Erica Krisztal-Felsenthal
Person
Reducing addictive design doesn't just protect attention. It closes a door predators rely on. This bill does not restrict children's access to safe online spaces. It restricts big social's ability to exploit how children's brains develop. Parents cannot solve this problem alone.
- Marc Berkman
Person
Good afternoon, Chair, vice Chair, and distinguished members. Thank you for the opportunity to testify in support of AB 1709. My name is Mark Berkman. I'm the CEO of the Organization for Social Media Safety, a national consumer protection organization safeguarding the public from the harms of social media. The reason for AB 1709 must be explicitly clear.
- Marc Berkman
Person
Engagement maximizing social media is harming our children, harming them at a catastrophic scale. In addition to the overwhelming evidence finding substantial adverse mental health impacts of adolescent use of engagement maximizing social media, we see acute harms that include cyberbullying, harassment, predation, drug trafficking, human trafficking, extortion, violence, fraud, and dangerous challenges.
- Marc Berkman
Person
These are not theoretical. They are real and impacting millions of California's children.
- Marc Berkman
Person
From our work on the ground with students nationwide, we are seeing children harmed year after year while the industry tells the public it is working on the problem.
- Marc Berkman
Person
Yet we have not seen meaningful improvements in the metrics that matter, meaning ongoing acute injury to our children. Notably, the industry standing in opposition to AB 1709 has continued to disregard these acute harms entirely.
- Marc Berkman
Person
I would also emphasize that the industry itself in opposition has continued to cite research finding statistically significant population level links between engagement maximizing social media use and adverse mental health outcomes and stronger associations when use becomes compulsive, which is exactly why we need this bill to protect our children from addictive forms of social media. AB 1709 is necessary to protect our children and I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Others in support of AB 1709? your name, your affiliation, and your position.
- Crystal Strait
Person
Hi. Crystal Strait. I'm representing Common Sense Media, cosponsor.
- Edward Howard
Person
Ed Howard, Children's Advocacy Institute at the University of San Diego School of Law in support. Thank you.
- Jillian Keegan
Person
Jillian Keegan with the California Community Action Partnership Association and our network of agencies, as well as Long Beach Community Action Partnership in support. Thank you.
- Amy Brown
Person
Amy Brown on behalf of the California Police Chiefs Association in support.
- Mamta Bhandari
Person
Mamta Bhandari, Mothers Against Media Addiction on behalf of all our parents, support the bill.
- Thomas Umberg
Legislator
Thank you. Alright. Let's turn to if anyone else would just testify in support of AB 1709? now's a good time to come to the microphone. Alright. Now let's turn the opposition.
- Deb Levine
Person
Thank you for the opportunity to speak today, senators. My name is Deb Levine, and I'm the Founder and Executive Director of an organization called YTH Youth Tech and Health. And I was the inaugural Executive Director of UCLA's Center for the Developing Adolescent. I'm also the parent of two very different young adults. I'm here to oppose AB 1709, social media suspensions for youth under the age of 16.
- Deb Levine
Person
These youth have two key developmental tasks between 10 and 14. One is identity formation, and the other is shifting attachments from parents to peers. In the past, this happened in real life, of course. Today, those two tasks takes place both in real life and online on social media. Suspending young people will have their abilities to mature on a normal trajectory.
- Deb Levine
Person
This is especially true for those who are isolated by way of disability, chronic illness, sexual orientation, or geography. Consider a young boy from Siskiyou County who misses school because of chronic asthma. The way he keeps in touch with his friends and, frankly, his grandparents is through social media. He may spend hours watching YouTube learning about his disease. I have one daughter who had an entire social circle online, but only one friend in school.
- Deb Levine
Person
She now has her master's degree in public policy. My other daughter who was much more of an extrovert, she used to, put herself when she was in middle school on social media vacations. Adults are always trying to protect young people from whatever they blame for the lows and highs of adolescence. Once it was film, then it was TV, video games, and now it's social media. It's soon to be AI.
- Deb Levine
Person
Australia tried this already, as the Senator mentioned. The research is starting to come in. The British Medical Journal reported that little evidence was found of substantive reductions in social media youth by youth after the passage of their social media minimum age act.
- Thomas Umberg
Legislator
Thank you very much. You wish us to vote no on AB 1709, I'm guessing.
- Shay Gardner
Person
Thank you, Chair and members. Good afternoon. My name is Shay Gardner. I use she/her pronouns. I'm the Director of Policy and Research at LGBT tech.
- Shay Gardner
Person
I asked this committee today, to ensure California does not become the state that saw LGBTQ plus youth facing rising hostility everywhere in the country and responded by narrowing one of the few pathways that many still have left to support. Like the members of this body, we are keenly aware of the harms that young people are facing online. I am not here to ask you to trust these platforms more.
- Shay Gardner
Person
I am here to ask you to regulate the harms on them more precisely because the failures of these platforms do not in any way make them disposable. For so many of our youth, online spaces are more navigable, more private, and ultimately much safer, than some of the offline environments available to them.
- Shay Gardner
Person
I know this personally. My story as an open and confident, advocate and Lesbian started as a scared and confused 15 year old who got on social media platforms. And even then, that experience was not an entirely pleasant or necessarily protected one, but to have been without it would have been devastating to my growth. And we have seen this far beyond, beyond my own experience.
- Shay Gardner
Person
LGBT text national polling shows that not only do the vast majority of LGBTQ plus individuals join social media platforms as minors, but that the users, the platform recommended content, the representation that they find when they get on those platforms is absolutely crucial to their own identity formation and discovery.
- Shay Gardner
Person
That is why personalization in particular matters so much in this conversation. Harmful engagement optimization should be regulated, but AB 1709's language is missing a very crucial distinction between addictive mechanisms and beneficial discovery.
- Shay Gardner
Person
For LGBTQ plus youth, the latter is often how they first encounter words, stories, crisis resources, and people like them. So by in conditioning youth access on age based exclusion, we fear AB 1709 is requiring vulnerable young people to pick up the tab for platform failures
- Shay Gardner
Person
Absolutely. So until every young person has an affirming home, a safe space, a trusted adult, we are asking California not to block access
- Thomas Umberg
Legislator
Thank you very much. Alright. Others opposed to AB 1709? please come forward.
- Jasmine Via
Person
Good evening. Jasmine Via on behalf of Civil Justice Association of California in respectful opposition. Thank you.
- Tracy Rosenberg
Person
Good evening. Tracy Rosenberg with Oakland Privacy. We were opposed to the version of the bill that is in print, and we are still taking a look at the amendments. Thank you.
- Becca Cramer Mowder
Person
Becca Kramer, on behalf of The Trevor Project, Advocates for Youth, COLAGE Children of Lesbians and Gays Everywhere, If When How Lawyering for Reproductive Justice, Gen Z for Change, Fight for the Future, The Electronic Frontier Foundation, SECUS Sex Ed for Social Change, Educate Us, Woodhull Freedom Foundation, and Lawyers for Good Government in respectful opposition.
- Robert Boykin
Person
Good evening, Chair and members. Robert Boykin with TechNet in respectful opposition.
- Naomi Padron
Person
Good evening, Chair and members. Naomi Padron on behalf of the Computer and Communications Industry Association, respectfully opposed.
- Robert Singleton
Person
Robert Singleton, Chamber of Progress, also respectfully opposed.
- David Bullock
Person
Hi. David Pollock. After hearing the witness opposition, I'm in support. Thank you.
- Thomas Umberg
Legislator
Thank you. Alright. Anyone else who wish to testify on AB 179? Now's the time to come forward. Seeing no one coming forward, let's bring it back committee for questions by committee members.
- Roger Niello
Legislator
First of all, it was great to see your dad here. There are a few of us here who have served with now multiple generations Lowenthal's and it's a privilege. Now you have been a champion of legislation in this area and I generally have supported your efforts and I will support this bill also. The one of the witnesses and opposition talked about that difficult those difficult adolescent years where kids transition from being kids to almost adults.
- Roger Niello
Legislator
And I was reminded about it, somewhat unpleasantly by my own kids who went through the same thing. But we didn't have such a profound experience with mental health issues with kids. It was difficult, but it's different now. And now coincidence is not causation, but the way that social media platforms work, there has to be a definite link. We talk about some of the criticisms to point to parental control and that's a very good point.
- Roger Niello
Legislator
But it's really hard for parents to control something that is just sucking the kid in. And that's what social media is doing. I long for the time that I saw kids playing outside, just among themselves. I was listening to a radio show the other day, Armstrong and Getty. Some of you may, hear them.
- Roger Niello
Legislator
They're they broadcast out of Sacramento, but around the country. And one of them was either talk talking about his own experience or somebody he was talking to. I joined the conversation late, but he either he or who he was talking about lived across the street from a park for recently for eight years and never saw a couple of kids playing catch, never saw a few kids shooting baskets.
- Roger Niello
Legislator
The only time they saw kids playing sports there was when it was supervised, organized, soccer games and the like. That's what parents put together obviously.
- Roger Niello
Legislator
But he never saw the just random play. I long for that to happen again. We have unprecedented challenges with mental health issues with kids and it desperately needs attention. And I think limiting social media as you proposed here can do that. And as I said, I'll support the bill.
- Thomas Umberg
Legislator
Alright. Thank you. Other questions or comments? Seeing no other questions or comments. Senator Neillo, you need to see Toy Story 5.
- Thomas Umberg
Legislator
So, any event. Alright. Bringing it back. No other questions or comments. Assembly member Lowenthal. Oh, I'm sorry.
- Robert Singleton
Person
Just wanna thank you on behalf of my kids who who don't have to be there yet. They're three and four years old, but you're a brave dad and I really appreciate your work. I moved the bill at the appropriate time. Thanks for working with me.
- Thomas Umberg
Legislator
Alright. It's the appropriate time. Senator Stern has moved the bill. Would you like to close?
- Josh Lowenthal
Legislator
I would. First, Mister Chair, members, I appreciate those very thoughtful comments and I want to acknowledge one of my joint authors on the bill, Mister Patterson over here. And what you see in California, in other states that are endeavoring to do, child protection initiatives is that we are leading as parents, not as Democrats or Republicans. We see across the State of California in every community, general support for this.
- Josh Lowenthal
Legislator
I want to comment on the words of the opposition, specifically as it relates to marginalized communities.
- Josh Lowenthal
Legislator
I share those concerns. I share those values. We are in negotiations with advocates, the including some that voiced opposition here on strengthening the bill in the E-safety Commission. We'll continue to work on those things. And I believe that, the recent amendments that we have adopted address so many because the goal here is not to kick children offline.
- Josh Lowenthal
Legislator
The goal is for the platforms that are offering services to children to do so in a healthy way and to not have these addictive features. And if they drop those things, then they should continue to have children in their ecosystem. The way that Pinterest does, the way that Reddit can, the way that, several other platforms that don't have these harmful features. So the goal here is not to cut anybody off. It's just to keep kids healthy in every way.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Committee assistant Porter, please call the roll. Moved by Senator Stern.
- Committee Secretary
This is file item number 42, AB 1709. The motion is to pass as amended to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
at this point and begin with AB 2. AB 2. Alright. That's file item number 39.
- Josh Lowenthal
Legislator
Also, joint authored with Mister Patterson. I'm pleased to present AB 2, which will hold social media platforms accountable for the harm they cause to children and teenagers. This legislation would impose financial responsibility by setting appropriate damage levels on large social media companies if and only if their own negligence has been proven in court. I'd like to start by accepting the committee amendments as described on page 12 of the analysis. I'd like to thank the Chair and the committee for their very hard work on this bill.
- Josh Lowenthal
Legislator
And for those of you who are parents listening to this, when your child puts on a bicycle helmet, gets into a car seat, plays with toys, aren't you confident that the safety standards not only come first, but they have been vigorously and rigorously tested and transparently reported upon by manufacturers? I am, because I know that the duty of care standards are bedrock in the product development cycle of everything that our kids use.
- Josh Lowenthal
Legislator
Everything that is, except for the one product that they use the most, the product that they're spending, on average, five hours a day on, and the one product that is empirically having disastrous impacts on their mental health and development, social media. This is why AB 2 is so critically important. It holds social media platforms to the same legal accountability standards as any other company for the harm they cause to children and teenagers, and assigns appropriate damage levels for the harm that's caused.
- Josh Lowenthal
Legislator
This bill sets damage levels that can only be mitted out in, if a court imposes financial responsibility on large social media companies when their own negligence has been proven. This bill isn't new. It's my third year working on this policy, but I find myself compelled as a parent and a legislator to continue working on this piece of legislation because we're struggling to hold the platforms accountable through regulation, and the platforms are still not taking the problem seriously.
- Josh Lowenthal
Legislator
Children, parents, researchers, doctors, regulators, and lawmakers alike have clearly delineated the problem. Social media platforms are causing untold harm to our kids.
- Josh Lowenthal
Legislator
And what we have known to be true has been reinforced by numerous studies and exposed internal documents from the platforms itself. These children have been exposed to a product that by its design is addictive and can and can and has resulted in harmful and disastrous outcomes for child users. But our place for social media platforms to self regulate has gone unanswered. Our attempts to regulate the platforms are being challenged by the platforms and their trade associations in the courts.
- Josh Lowenthal
Legislator
And the public is demanding action, and their outcry is growing stronger by the day.
- Josh Lowenthal
Legislator
Unfortunately, social media platforms continue to deny that their algorithms, their design features are contributing to these harms, even in the face of 2 bellwether rulings earlier this year, which found that social media apps should be treated as defective products for being engineered to exploit the developing brains of kids and teenagers, and did not adequately protect users. The platforms have refused to change their designs, which are harming and killing kids, and they're challenging those rulings. So why is this approach in AB 2 necessary?
- Josh Lowenthal
Legislator
Because the public is calling for social media platforms to issue a product recall to make sure that their product that we have, like it or not, come to depend on and use every day, is designed to be as safe as possible for us as consumers. That should go without saying when it comes to children.
- Josh Lowenthal
Legislator
But the platforms are continuing to put their profits before everyone's safety and well-being, and that needs to change. The platform's profits are more important to them than anything else. It's crucial that we have the right financial incentives in place to ensure that they take this problem seriously, that they implement real change, and they simply don't chalk it up to the cost of doing business. And that is precisely what AB 2 does. It assigns
- Josh Lowenthal
Legislator
appropriate damage levels to AB 2 does. It assigns appropriate damage levels to ensure that when a large social media platform's own negligence is proven in court for their failure to exercise ordinary care, the damage levels are sufficient to ensure that they are incentivized to change. During arguments on punitive damage in the KGM trial, Marc Lanier, the lead trial lawyer for the plaintiff, was reported to have shown the jury a jar full of M and M's during arguments on punitive damage.
- Josh Lowenthal
Legislator
And he noted that each piece of candy represented a billion dollars of the company's worth. And he said, you can take out a handful and not make a difference.
- Josh Lowenthal
Legislator
He said, scooping out a few with his hand. You can take out two handfuls and not make a difference. The KGM verdict alone does not incentivize the platforms to heed the call of the public to change. But it does represent a critically important opening move, and there are more cases to come.
- Josh Lowenthal
Legislator
AB 2 will serve as an essential guide to the courts and juries when these cases come to trial to assess appropriate damages, to ensure the platforms are taking these cases, and the public's call to put our safety first seriously.
- Josh Lowenthal
Legislator
AB 2 does not change California's underlying law to the burden of proof required in court. AB 2 applies appropriate financial incentives and accountability to prompt just a handful of companies who are earning enormous profits off of children and teen users to be more careful, to be responsible partners, and especially when it comes to kids. And let's be clear, financial awards, no matter how great, will never be able to compensate for the loss of a child. Never. That's how dire this situation is.
- Josh Lowenthal
Legislator
It is literally life and death in far too many of these cases. But incentivizing change and protecting other kids from the tragic outcomes experienced by far too many families in California and around the world, that is what the public and many of the impacted families are calling for. Make your product safe. Design it like your kids are using it. Don't let another kid become a casualty of social media.
- Josh Lowenthal
Legislator
That is why we need a b two. I am pleased, Mister Chair, to be joined by Juliana Arnold with ParentsRise, and Nicole Rocha with Tech Oversight California, who are here to testify in support of the bill. Thank you.
- Juliana Arnold
Person
Good afternoon, Chair Umberg and members of the committee. My name is Juliana. In addition to being a founding member and executive director of Parents Rise, more importantly, how I got to this was I am the mother of two beautiful daughters. My younger daughter, Coco, should be 21. She was funny, powerful, and deeply empathetic.
- Juliana Arnold
Person
She should be here and instead, I am here asking you to help make sure other parents do not have to know the grief of burying a child. In the years before Coco died, she became consumed by social media. Short videos, the autoplay, the endless feed, the constant validation, the dopamine loop that hijacked her sensitive ADHD brain. Her anxiety and depression deepened. She lost sleep.
- Juliana Arnold
Person
Her demeanor changed. She became harder and harder to reach. I did everything a parent are told to do. I found the best mental health professionals support and support we could. I set limits.
- Juliana Arnold
Person
I did everything in my power to save her. And just as it seemed to be turning a corner, she went out one day to meet her best friend, and she never came home. The last words she said to me is, I love you, mom. At 17, Coco was contacted through Instagram by an adult man she didn't know. She was groomed, exploited, and lured away from home.
- Juliana Arnold
Person
She was given a counterfeit pill containing fentanyl, and she died, and she was sexually assaulted. It all happened within thirty six hours. That is not a failure of parenting. I used parental controls and monitored her usage. No parent can out design a trillion dollar company.
- Juliana Arnold
Person
No parent can stand guard every second inside a platform built to keep children engaged, pull them in deeper, and allow dangerous adults to reach them in private. That's why ABT matters. This bill is about accountability. When social media platforms cause injury to children, there must be real consequences because accountability changes behavior. Right now, it's David and Goliath story.
- Juliana Arnold
Person
Goliath has lobbyists, lawyers, algorithms, and billions of dollars. But families like mine are left with an empty room, unanswered questions, and a grief that never ends. As this bill moves forward, I ask you to not let accountability be negotiated away. Our children's safety could not be shaped by the companies whose product put them at risk. Coco was not a data point.
- Juliana Arnold
Person
She was not engagement or revenue. She was my child. So for Coco and for every child, please vote yes on AB 2. Thank you.
- Thomas Umberg
Legislator
As a parent or grandparent, we can't step into your shoes, but we can sympathize. And I appreciate you taking this loss and turning that passion into health for others. So thank you for that.
- Nicole Rocha
Person
Good evening, Chair. My name is Nicole Rocha, and I am here on behalf of Tech Oversight California. Tech Oversight is an advocacy organization that champions meaningful tech accountability reform. This is the third year I have testified on this important measure. And what sets AB 2 apart from legislation of prior years that we have recently seen the first monetary verdicts in American history holding social media companies accountable for design driven harm to young users.
- Nicole Rocha
Person
These cases have begun to flesh out the duty of care that was questioned in prior years. Tech Oversight worked closely on the Los Angeles Bellwether case involving thousands of plaintiffs in which a jury found Meta and Google liable for designing platforms whose addictive features cause lasting psychological harm to a child. The day before, a New Mexico jury ordered Meta to pay 375,000,000 in civil penalties for misleading the public about platform safety and enabling child sexual exploitation.
- Nicole Rocha
Person
These verdicts confirm what parents and advocates have known for years. The harms to youth are rooted in product design, and companies have known that their products are inflicting this harm.
- Nicole Rocha
Person
So why is AB 2 necessary in light of these verdicts? Simply put, statutory damages will allow for more consistent results where all children's lives and experiences are similarly valued. In many cases, it will save families from the pain of establishing the worth of their children's lives. Statutory damages will also create a clear path forward for companies to evaluate exposure and liability, and the state of California will clearly send a signal that all children deserve a safe and healthy online environment.
- Nicole Rocha
Person
AB 2 is a common sense measure that is long overdue. In the name of consistency and fairness, we urge your aye vote.
- Thomas Umberg
Legislator
Thank you. Others who wish to testify in support of AB 2, please come forward.
- Crystal Strait
Person
Crystal Strait representing Common Sense Media and proud of sponsor.
- Amy Brown
Person
Amy Brown on behalf of the California Charter Schools Association in support.
- Ed Howard
Person
Ed Howard Children's Advocacy Institute University of San Diego School of Law in support.
- Mamta Bhandari
Person
Mamta Bhandari with Mothers Against Media Addiction. Our children cannot be collateral damage to profits.
- Robert Harel
Person
Robert Harel with the Consumer Federation of California in support. Thank you.
- Thomas Umberg
Legislator
Thank you. Other than support of AB 2, please come forward. Let's turn to the opposition. If you're opposed AB 2, please come forward.
- Dylan Hoffman
Person
Thank you, Mr. Chair and members. Dylan Hoffman, on behalf of TechNet, and we are respectfully opposed to AB 2, and while we completely agree with the-- and appreciate the intent of this bill, our platforms do work diligently to improve and to protect all of their users. You're taking this problem incredibly seriously, and we work every single day to improve the platforms themselves, ensure that the features are working as intended, and to protect our users, but we believe this bill will do little to solve any of the stated problems.
- Dylan Hoffman
Person
One major issue with the bill is the misconception around distinguishing between content and conduct. The line isn't so easily drawn between content and the design, particularly when it comes to content-serving features like algorithms, recommendations, and even direct messaging. Many of the cases and examples that are cited of social media causing harm are rooted in content, not the design, and even then, these cases are incredibly fact-specific and individualized. Courts are currently considering this distinction, in which instances plaintiffs should be able to recover damages.
- Dylan Hoffman
Person
The Ninth Circuit is also considering arguments about whether content-serving features and platforms' editorial discretion have First Amendment protections. The fact-specific and highly individualized nature of this issue dramatically undercuts any incentive this bill is trying to create. It's really hard to see what this bill adds. The bottom line is, plaintiffs can already sue social media platforms. Courts have shown they are willing to let them proceed in spite of Section 230 and juries are willing to award significant damages and penalties.
- Dylan Hoffman
Person
Damages are rarely an issue in these cases, and plaintiffs are already able to be made whole. If anything, these cases show that this bill is unnecessary. Additionally, the bill is somewhat inconsistent on whether the intent is to punish egregious intentional conduct. The findings and declarations even reference the need to ensure that platforms that are knowingly causing injuries should receive heightened penalties. The bill isn't actually limited to those most severe instances.
- Dylan Hoffman
Person
The prior version of this bill, AB 3172, was amended to require conduct to be knowing and willful before the bill's penalties were triggered. Those amendments also limited these heightened penalties to public prosecutors; are more likely to bring cases that are more narrowly limited to product design and features and not the content. Because this bill will substantially and unnecessarily increase litigation and penalties without actually solving a larger problem, we must respectfully oppose AB 2.
- Thomas Umberg
Legislator
Thank you very much. Others opposed to AB 2, please come forward. If you're opposed AB 2, please come forward.
- Chris Micheli
Person
Mr. Chair, Chris Micheli, on behalf of the Civil Justice Association of California, respectfully opposed. Thank you.
- Becca Cramer-Mowder
Person
Becca Cramer, on behalf of the Electronic Frontier Foundation, in respectful opposition.
- Ronak Daylami
Person
Ronak Daylami with Cal Chamber. I'll align our comments with TechNet. Thank you.
- Naomi Padron
Person
Naomi Padron, on behalf of the Computer and Communications Industry Association. We would align our comments with TechNet. Thank you.
- Robert Singleton
Person
Robert Singleton with Chamber of Progress, also respectfully opposed.
- Thomas Umberg
Legislator
All right. Thank you very much. Anyone else opposed to AB 2, please come forward. Seeing no one else coming forward, let's bring it back to committee for questions, comments. Seeing no questions or comments-- oh, I'm sorry. Senator Niello.
- Roger Niello
Legislator
I will just associate myself with the comments made previously by myself.
- Thomas Umberg
Legislator
All right. So stipulated. Senator Stern has moved the bill. Would you like to close?
- Josh Lowenthal
Legislator
Simply, just want to, again, acknowledge my joint author, Mr. Patterson. This has been quite a journey. I lament, unfortunately, that the platforms themselves don't avail themselves by participating in these hearings directly so that the members of this committee would be able to ask them questions, because it is time for accountability. It's time for them to be able to stand in the light in situations like these.
- Josh Lowenthal
Legislator
Our children are spending, on average, five hours a day in social media, seven to nine hours a day in screens. That's more than time that they're spending in school. We've got a problem. AB 2 gets to the heart of that problem. It does not change existing law, therefore it cannot be challenged in court, and provides immediate remedy, especially when the platforms have chosen litigation to every single thing we try and do here in the legislature. So this provides true remedy for all of us advocates for parents alike in the state of California, and especially for children. And with that, I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Chief Counsel Estrada, please call the roll.
- Committee Secretary
This is File Item Number 39 by Senator Lowenthal, AB 2. The motion is do pass as amended to the Senate Appropriations Committee. [Roll call]. We have five to zero. Members missing.
- Thomas Umberg
Legislator
Five to zero. We'll put that on call. All right. What's your pleasure? What's next? By the way, if you were really grateful to Assembly Member Patterson, you would let him come from the P range to the L range, but in any event--
- Thomas Umberg
Legislator
Yes. Yes. Yes. Right. All right. All right. Well, unanticipated, but-- okay.
- Joe Patterson
Legislator
Almost forgot what bill I was doing. Just kidding. Joking. AB 1184, you know, as many people know here, I've had a lot of interest in homeowners associations that stem from, abuse and neglect by a person driving by my house and fining me once a week.
- Joe Patterson
Legislator
But, you know, that said, we came to a nice resolution on this ledge on this legislation that basically increases, you know, because homeowners associations basically have the power of government to, you know, fine people, take away privileges, tell you you can't put your basketball hoop on a public right of way, which I think is not right.
- Joe Patterson
Legislator
But, so what we try to do here is create a basic level of transparency where, for example, if a homeowners association is recording a meeting, you know, that that can be made available to members of the homeowners associations, really some basic level of of, transparency here.
- Joe Patterson
Legislator
So we've worked really closely with the association representing homeowners associations, and I believe they continue to be neutral on this, and we'll continue to work with them, through the process and and on any issues that may arise. But with that, you know, this is Joe Patterson special. And so I didn't in light of your quickness, I didn't bring witness with me.
- Thomas Umberg
Legislator
Yeah. Alright. AB 1184. If you're in support of AB 1184, now's a good time to come to the microphone. Seeing no one in support There's a lot of people.
- Thomas Umberg
Legislator
Let's turn to the opposition. If you're opposed to AB 1184, please approach the microphone going once, going twice. Seeing no one approach the microphone, let's bring it back to committee for questions by committee members. Yes. Senator Niello.
- Roger Niello
Legislator
Assemblymember Patterson in observing your social media posts over the years. I am shocked. Just shocked that you would be legislating in the area of HOAs.
- Thomas Umberg
Legislator
Alright. And just to be clear, you've accept the committee's amendments?
- Thomas Umberg
Legislator
Alright. Thank you very much. Okay. Questions, comments? Is there a motion?
- Thomas Umberg
Legislator
Senator Niello has moved the bill. Alright. Would you like to close?
- Joe Patterson
Legislator
Well, I just really appreciate you, Mister Chair, members of this committee, and, Assemblymember Lowenthal for letting me go. Respectfully ask for an aye vote.
- Committee Secretary
Yeah. This is file item number 53, AB 1184. The motion is do pass as amended. [Roll Call] That's 5-0.
- Thomas Umberg
Legislator
5-0. Put that on call. Alright. The ever gracious Assembly member Lowenthal, you're back up. Okay.
- Thomas Umberg
Legislator
Alright. Now where are we? We are on AB 649, sir. AB 649. Okay.
- Josh Lowenthal
Legislator
Thank you, Mister Chair and members pleased to present AB 649.
- Josh Lowenthal
Legislator
The goal of this bill is to strike an appropriate balance between maintaining the critically important rights and protections granted to disabled individuals under current law, incentivizing businesses to prioritize access needs of disabled Californians, make necessary corrections to remove barriers, and to drive compliance with ADA law while granting those businesses who are complying with the law to find protection from lawsuits. I'd like to start by accepting the committee amendments as described on page nine of the analysis.
- Josh Lowenthal
Legislator
I would also like to state my commitment to work with the committee on further amendments to the bill, should it pass today, as described on pages twelve and thirteen of the analysis, to be adopted in Senate Appropriations. I'm deeply appreciative of the Chair and the committee putting their faith in me to try and address this issue. This commitment, however, is a two way street.
- Josh Lowenthal
Legislator
I'm also putting my faith in the committee to uphold the goal and underlying premise of this bill, which is to strike an appropriate balance with a fundamental goal of maintaining the critically important rights and protections granted to disabled individuals under the current law. The outcome of this legislation must achieve a balanced approach, not a lopsided law that favors one side over another. And I wanna be crystal clear about that with regard to the commitment I'm making here today.
- Josh Lowenthal
Legislator
I will not waiver a compromise on that point. I know that the disabled and business communities will be watching this policy closely because its outcome will impact both communities.
- Josh Lowenthal
Legislator
And that's why I want to get this policy right, and I want it to be fair. I originally brought this bill forward because I'm a business owner who's been sued multiple times, for ADA complaints. And Aye, like many business owners, was frustrated by the real and perceived abuses of the current system.
- Josh Lowenthal
Legislator
However, as I delved into the issue, I quickly learned about the deep frustrations and continued challenges that the disabled community faces in their everyday lives as they attempt to navigate a world that was not designed to meet their needs. And despite laws requiring public places to be accessible, this community continues to encounter barriers that make their ability to access public places, which many of us take for granted, extremely challenging and at times impossible.
- Josh Lowenthal
Legislator
This is the crux of the matter at hand. It's not at all one-sided. There are real and justified frustrations on both sides of this issue. And that is why the approach in AB 649 is so important. It will help shield businesses from the abusive practices being perpetrated under a system that was designed to protect the rights of disabled individuals by offering businesses a proactive solution to address construction related accessibility violations before they become the subject of litigation.
- Josh Lowenthal
Legislator
Once a business has corrected construction related accessibility violations, they are further protected from litigation by a multi year window where they are given a one hundred and twenty day right to cure a violation identified in a construction related liability claim. This approach creates a system and an environment where compliance with ADA law becomes the standard. Access is improved for all disabled individuals. Construction related access barriers are fixed. The need for litigation is reduced.
- Josh Lowenthal
Legislator
The opportunity for frivolous lawsuits are diminished. And businesses who are taking this proactive approach are rewarded and protected for their efforts and their investment. Ultimately, I'm hopeful that the Small Business Right to Cure program and future changes to our current system will help forge a partnership between the business community and the disabled community that will improve outcomes for everyone. Witnesses here. Witnesses.
- Josh Lowenthal
Legislator
Our witnesses unfortunately had to wait, had to leave because of the the length of the day. And with that, respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alright. Thank you very much. Those in support of AB 649, please come forward. Those in support, please come forward. Alright.
- Thomas Umberg
Legislator
Looks like the opposition's lining up. If you're opposed to AB 649, now's a good time to come forward.
- Annalee Akin
Person
Thank you. Good evening, Mister Chair and members. Annalie Augustine with the Civil Justice Association of California. We're respectfully opposed to AB 649. We appreciate the author's commitment to improving accessibility and reducing litigation and very much share those goals.
- Annalee Akin
Person
Unfortunately, as currently drafted, this bill could do the opposite for many of California's smallest and most vulnerable businesses. We are concerned that participating in the Small Business Right to Cure program could create a false sense of confidence for many small businesses that might be spending thousands obtaining a new CASP inspection, taking months to secure and invest resources into making those improvements, and re might reasonably now believe they have secured meaningful protection from litigation.
- Annalee Akin
Person
Meanwhile, other obstacles might still exist, such as the requirement for businesses to produce cast reports and extensive construction records within seventy two hours of any oral or written request from a member of the public, creating an unrealistic administrative burden for small businesses. This would also create a very costly emergent emergency for nearly any law firm to prepare a response, which would be needed to protect the business.
- Annalee Akin
Person
The bill also requires correction of every item identified in a cast report without recognizing longstanding ADA principles that some modifications are simply not readily achievable, technically feasible, or outside of the legal control of a tenant.
- Annalee Akin
Person
In addition, the bill creates a new basis for litigation under unfair competition law if a business inadvertently misstates its participation in the program, exposing small businesses to yet another avenue for costly lawsuits. Finally, the bill excludes many of the very cases it intends to address as standard allegations of intentional conduct or business policies could easily remove a case from the program's protections.
- Annalee Akin
Person
Some attorneys routinely claim the plaintiff is injured in every ADA lawsuit they file or that the conditions are intentional, which alone could prevent or an otherwise qualified business from the protections of this program. For these reasons, we also do remain committed to continue work with the author and stakeholders, but respectfully oppose. Thank you.
- David Peters
Person
Yes. Good evening, Mister Chair and members. David Peters with California Justice Alliance. I've spoken to attorneys all over the state who help businesses deal with these lawsuits and asked if any of them would endorse AB 649 as it presently stands or the right to cure program to their clients. Most, like our firm, urge would urge clients to avoid it.
- David Peters
Person
While the intent to reward compliance is commendable, there are just too many traps for the unwary and few attorneys will advise a business to enter into a program which might result in them getting sued under California's dreaded unfair competition law. Many of you will recall that in 2004, voters overwhelmingly passed Prop 64, the stop shakedown lawsuits initiative to stop a group of young Beverly Hills attorneys from suing small businesses.
- David Peters
Person
80 AB 649 would bring those lawsuits back or could, and California's smallest most vulnerable businesses are the most common defendants in these cases. While I've spoken to business owners who thought AB 649 sounded good initially, it usually became clear that they had very little understanding about some of the provisions in the bill which could make them worse off even if they did not participate in the right to cure program.
- David Peters
Person
California could have solved this problem in the early nineteen nineties by requiring a CASP certification of compliance to obtain or renew a business license could have used other approaches too.
- David Peters
Person
But using a haphazard patchwork of private lawsuits by individuals as the primary means to prompt change has resulted in over a 100,000 accessibility lawsuits over thirty five years, probably $600,000,000 paid out by defendants, and advocates still contend that many more lawsuits are needed. I was shocked that the bill included a provision that the legislature would have no preference about accessibility claims arising under California law being litigated in federal or state court. Alright. Shirley.
- David Peters
Person
Oh, okay. Surely, this committee is aware that federal judges don't enforce many of the safeguards that we have fought so hard for in California and would agree that California claims are best adjudicated in California courts. Thank you.
- Andrea Lynch
Person
Good afternoon. Andrea Lynch on behalf of the California Chamber of Commerce in opposition.
- Thomas Umberg
Legislator
Thank you. Anyone else opposed AB 649? Please come forward. Seeing no one else coming forward, let's bring it back committee. Questions by committee members.
- John Laird
Legislator
Thank you. I probably should have gone after Mister Nilo, but first, did I understand you're taking all the amendments that are listed in the in in the analysis?
- Josh Lowenthal
Legislator
What I said is that we are taking the amendments that are outlined in, page nine of the of the analysis and that we are committed to working with the committee on those that are described in page twelve and thirteen, of the analysis.
- John Laird
Legislator
Okay. And then could you, speak to the opposition that just was made as to why you think this is more meaningful than than they do for small businesses?
- Josh Lowenthal
Legislator
Well, I operate a small business that's been sued. And I can tell you that, there's three buckets of small business owners. There are the ones that are good actors that, appear right to cure would certainly satisfy because they may already be in compliance and they're getting sued and they're doing everything that they can to be in compliance. There are good actors that may be ignorant to the fact that they are not in compliance at that time, and that's problematic.
- Josh Lowenthal
Legislator
And there are bad actors that know that they're not in compliance, or specifically doing things that are not in compliance.
- Josh Lowenthal
Legislator
And there is that the the rights of the disabled community want to make sure that they are protecting their ability to find remedy against those actors. And in all my conversations with disabled rights and disabled California, they're not interested in judgments in court. They're interested strictly in accessibility. The reason why this bill actually moves the needle on all fronts is because in order to get the protections, small businesses like mine will be, will come into compliance.
- Josh Lowenthal
Legislator
And we may learn that there are things happening inside our business that we did not realize were out of compliance.
- Josh Lowenthal
Legislator
Some of them may be super egregious because we're not thinking from the perspective of, what, what, access truly means. And so you will see thousands and thousands of businesses all of a sudden come into compliance that may not be right now. If we strictly had a purely a right to cure, and nothing more, what incentive exists for small businesses to be in compliance in the first place? When they can simply wait until litigation arrives, and then come into compliance at that portion.
- Josh Lowenthal
Legislator
And so, the way that this bill is written, achieves the goals of the disabled access community.
- Josh Lowenthal
Legislator
It provides remedy for those companies that are willing to invest in that process. And it, and it really, addresses all three of those buckets, not just the good actors.
- John Laird
Legislator
And you went to where my other question was already, which is there had been another legislative effort that we may hear about in a minute about the right to cure. And my concern on that was that people would not come into compliance and just wait for a right to cure. Even though I know the answer to the question, explain why that's not true with your bill.
- Josh Lowenthal
Legislator
Well with our bill, you would have to be in compliance in order to get the, the to get the protections themselves and that's where the CASP inspections come into place. So a CASP inspector is a certified inspector by the state architect Board, would go in and and provide an inspection. Though the Opposition witness said that it would be thousands of dollars. For typical small business, it would be a few $100, as a matter of fact.
- Josh Lowenthal
Legislator
And, for businesses that are certain that they are already under compliance, like the building department inspections may have gotten them, there may not be anything that they need to fix at all.
- Josh Lowenthal
Legislator
For others, it may be something rather small. You need to lower this hook in the bathroom a few inches. You need to, you know, move tables over to provide a certain amount of access to, ingress and egress points, and so forth. And for others, it may be substantial. Because since the time they have gotten their, authorization by the Building Department, they may have made changes to the physical space that didn't require permitting that completely changed accessibility, like removing a ramp, for example.
- Josh Lowenthal
Legislator
And so, what happens here in this situation is, in order to get those protections, you have to come into compliance. And once you have remedied those things, Senator, you're actually gonna get certification that you are in compliance, which I think is actually very good for business, number one. And number two, that would be very visible to these predatory attorneys who are going out and trying to file lawsuits. And that alone, I believe, will will stop so many suits from being filed.
- John Laird
Legislator
Well, there's one particular place in my district where there's an incredible amount of Victorians that are bed and breakfasts or inns. And by their very nature, they were not accessible at the time that they were built. And there's a provision that you probably can describe to me better that if you are doing a renovation, you don't have to spend more than 25% of the renovation on rectifying the disability. Does your bill get in the way of that in any way?
- John Laird
Legislator
Or does it still sort of recognize that as part of what you're doing?
- Josh Lowenthal
Legislator
Aye, it's my understanding that does not get in the way. Again, my technical witness is not here, Senator, unfortunately. So just checking with staff and it's my understanding that that is not the situation. Okay. And and and also, if I may expand, I think that would be the case with historical sites as well.
- John Laird
Legislator
Okay. Well, I appreciate your effort. I know how hard this is. I was in the Assembly and there were people trying to do things and I have not been in the Assembly in eighteen years. So so I know this has has been going on for a long time and I take you at your word that you wanna still work on some of those things and I appreciate the effort and I will be willing to support this bill.
- Roger Niello
Legislator
Thank you, Mister Chair. So, gentlemen Lowenthal, you and I have been working together on this at the outset. We were originally, we were pretty much on the same page or perhaps in the same chapter until this year when you your original bill was very much like the one of mine that's being held in Assembly judiciary. And you are offered amendments and that's what changed your bill. And I understand that.
- Roger Niello
Legislator
And my concern is that this approach really won't make any difference, bottom line. And I'll explain why. First of all, when I read the details of the complete amendments, it was pretty obvious to me that the intent was for the status quo to continue. I know you didn't have that intent but there are two provisions that you've agreed to change and that's why I know that it wasn't your intent. But whoever drew up those amendments, it must have been.
- Roger Niello
Legislator
One of them being the standard arrangement that the winner in a legal action has the right to recover attorney's fees and and the original bill which you've agreed to amend out said only if the action is
- Roger Niello
Legislator
the court to be frivolous which is very difficult to prove. But but the the real one that really caught my eye was that the bill is not at all applicable if the plaintiff alleges two things. And it doesn't matter what those two things are because all the plaintiff would have to do is allege those things and the bill doesn't qualify. And I looked at that and I thought, well, clearly, that's an that's a that's a, an escape hatch.
- Roger Niello
Legislator
Now you've agreed to amend that because I know that wasn't your intent, but whoever drafted those amendments, one would have to suspect that that was the original intent.
- Roger Niello
Legislator
I'm glad that it was changed. But with regard to the general approach of the bill, that the business has to obtain a CASP inspection and I think you're providing some provisions if they've asked for one and haven't received it yet, which is really going to be a problem. But let's talk about the initial asking for it. How are you, how do you propose that we educate the business community?
- Roger Niello
Legislator
And keep in mind, the targets of these, those, these suits are primarily small businesses, much in disadvantaged areas.
- Roger Niello
Legislator
And a lot of them in English is not their primary language. The predatory attorneys that have been working on this for frankly decades, it was an issue when we were in the Assembly. They've discovered if they go after that population, they quickly pay the $5.10, $15,000 to avoid avoid court because it scares the heck out of them. They're not particularly sophisticated. How are we going to make sure that those two to 4,000,000 businesses know about the availability and the importance of
- Josh Lowenthal
Legislator
a CASP inspection? Yeah. Thank you for your your question. And, Mister vice Chair, I think, the first thing I can say is to commend you for your advocacy in this space, and we have had many substantive discussions. I need to correct you.
- Josh Lowenthal
Legislator
The approach that we took is not the result of amendments being, brought upon us by any committee, but is actually organic to our office. And you're absolutely correct that my initial reaction immediately after receiving a lawsuit and that lawsuit was because, the the the the complaint didn't even the the the litigants didn't even enter the premise. They said a Google Earth photo, and they said that the handicap striping wasn't painted bright enough.
- Josh Lowenthal
Legislator
And they had sued everybody up and down the street whether they were an immigrant or not. And, the business community got together.
- Josh Lowenthal
Legislator
And as you know, this is a major issue for chambers of commerce, for businesses up and down the state. I disagree with your number of two to 4,000,000 businesses because you're factoring in those that have a business license in the state. That is not storefront businesses or small businesses, which is only in the number about 130,000. So that is a different number and that's really who we're speaking about.
- Josh Lowenthal
Legislator
And I I would ask back to you in even in the event that we passed a law that said that they have the right to cure strictly, which is only taking care of this bucket of good actors, would similarly require education for those very same business owners that you just named that would have to learn that that is available to them.
- Josh Lowenthal
Legislator
So this, whatever we do in this space, is going to be a challenge and we have to use all the ways that we communicate with small businesses from the Secretary of State's office down to our our chambers, using, members ourselves to communicate with our small businesses.
- Josh Lowenthal
Legislator
Because what I hear from senators and Assembly members alike, from council members and mayors, is this is a top, top, top issue and they all seek remedy and they all want relief and they all want to communicate that relief to the businesses in their community.
- Roger Niello
Legislator
And it is a high priority issue which is why, at least in the Senate, I had an overwhelming number of colleagues. I did not solicit them. They approached me and wanted to be on the bill, which is why we succeeded there. But is there any provision in the bill that is going to proactively educate businesses, about the CASP inspection?
- Josh Lowenthal
Legislator
There's not to my knowledge any anything in the bill about educating the public about the CASP inspection process.
- Roger Niello
Legislator
I think that's a a huge challenge. And we also know that there are not enough CASP inspectors because regardless of the number of businesses, I think it's higher than what you said. Do you think it's lower than what I said? But whatever it is, that under current circumstances, even those that are asking for CASP inspections, and I would submit most don't know about it, so it's a relatively smaller number that's even asking for them. It's taking them months to get it.
- Roger Niello
Legislator
And I don't know how much it costs. It's been quoted to be $3,000. You mentioned that it could be less. But, if if we were successful in educating everybody about that, the demand for cast inspectors would skyrocket. When demand increases and supply doesn't change, prices go up and prices would, go a cast inspector would would, increase, their cost, and it would would be a longer delay to get that cast inspection.
- Roger Niello
Legislator
And increasing the number of cast inspectors is not easy. The fail rates on those that take the test is or the pass rate is like 30%. Now, maybe there'd be more competent people applying for it and there'd be more cast inspectors, but it is not an easy certification to get. So that supply and demand ratio for a period of time would drive costs up, number one, would delay businesses receiving the inspection.
- Roger Niello
Legislator
And I'll guarantee you, the attorneys out there that are pursuing these lawsuits in the first place, the three or four statewide laws attorneys that turn law firms who are generating literally tens of millions of dollars in legal fees by going after these, they would probably double down and pick up their pace to start suing people for violations before they get the CASP inspection.
- Roger Niello
Legislator
I just I don't see at least in the near term fundamentally things changing for those for those particular reasons. And there's two things that the opposition mentioned and that is the requirement to produce documents when somebody asks. Again, thinking about these attorneys who their interest is in generating fees. The business has to produce the relevant documents with 70 within seventy two hours. Picture a very busy restaurant during Christmas time and they've got to drop everything.
- Roger Niello
Legislator
I can relate. Yeah. Well, there you go. I think that would be difficult. Not impossible, but difficult.
- Roger Niello
Legislator
There's also the issue of those and this kind of gets it Senator Laird's question, but those impossible to repair defects And the law does allow for that. However, in that provision is not allowed in your bill at least as I as I read it. And it specifically says, if the CASP inspector misses anything, it's not protected. In other words, if a person gets a CASP inspection and five things are identified, but the CASP inspector screws up and he misses something, there's no protection for that.
- Roger Niello
Legislator
So for all of these reasons, I see that your approach is not really gonna make a substantive difference, my opinion.
- Roger Niello
Legislator
And so I we'd have to pursue if this bill passes, we would have to pursue addition additional measures to try to make it work.
- Josh Lowenthal
Legislator
We'd be happy to. First of all, I do wanna validate that is your opinion. And, the the, conclusions that you've arrived to, are also opinions. And they are not fact. And I should remind you that there is nothing compulsory in this bill for anyone in the state of California.
- Josh Lowenthal
Legislator
It's not compulsory for any small business to do this. It's those that are choosing to elect to participate so that they can receive relief. And I think that as a small business owner who has been through this, this is something that I would elect to do. And I'm part of a community of small business owners in in my district in Long Beach. Very, various restaurant owners in in the Long Beach Restaurant Association.
- Josh Lowenthal
Legislator
And some want to do this program, and some do not. They want to roll the dice and they're fine with that. And I think that you're going to have a a varied, opinions, from various folks on that. And as you pointed out, there are going to be areas that we can strengthen this law. Just as we strengthen many laws, we have to get it out in practice.
- Roger Niello
Legislator
Well, I've actually enjoyed working with you on it. We have a difference of opinion and that's sort of what makes the legislative world go round. Right? Indeed, sir. Alright.
- Thomas Umberg
Legislator
That was your close. Well, I've got okay. One second. Yes. Senator Stern has a comment.
- Henry Stern
Legislator
Okay. Okay. Well, you you might be clarifying it. I'm just trying to pin down exactly where we stand. I guess, I'm I'm just trying to go through pages twelve and thirteen and identify are are those sort of like yeah.
- Henry Stern
Legislator
Just what the what the specifics are gonna be there. Again, I might get into maybe too much detail, but maybe you can also help clarify between Chair and author. But about this intentional violation allegation, and then also about this if there's no inspector available where the right to cure kicks in. So maybe you both could or you could clarify some of that.
- Thomas Umberg
Legislator
I'll I'll answer then I'll let Assemblymember Lowenthal answer. The intent is with respect to the intentional violation that a mere allegation is not sufficient to be able to obviate the rest of the bill. That there would have to be some finding of fact that there was an intentional violation versus just an allegation, number one. And I realize that the language is yet to be written.
- Thomas Umberg
Legislator
Number two, same thing with the attorney's fees that that the attorney's fee provision that is an existing law would remain an existing law.
- Thomas Umberg
Legislator
In other words, the prevailing party is entitled to recover fees, not just the plaintiff. And the third question you had was was concerning an opportunity to cure. Should an inspector should you have made some sort of application for an inspection and you're in the on the list of those to be inspected during that period, should there be a claim made against you or your business that you have an opportunity then to cure that defect.
- Thomas Umberg
Legislator
And I'll turn to Assemblymember Lowenthal to see if I've recited it correctly.
- Josh Lowenthal
Legislator
I think that's that that's fair to say. Senator, I I would let you know this is a two year bill. And, with regret, we did not have an opportunity to work with the committee until the last days. And some of these things haven't been discussed until literally the last days last day. And so what we've done today is is had a meeting of the minds and committed to continue to work together prior to the appropriations hearing.
- Josh Lowenthal
Legislator
And that's what we're going to do. And a lot of the the language that, you know, was inserted as part of the Assembly judiciary process is going to be, you know, what's on the table here. These are things that we need to discuss together, work out together, and we can't do that with such short time. The chairman has been very generous, actually, in committing to going through that process together, and we're taking them up on
- Thomas Umberg
Legislator
it. Are there questions, Senator Stern? If you're thinking, I have a question. So go ahead. You've Can't
- Henry Stern
Legislator
wait for your question. My simple comment is and it is not directed at you, but I appreciate the Senate, you know, as last minute as things can get, I appreciate that we're having this hearing and then we're taking a vote on your bill, whatever form we end up taking it. I just you can relay it back to the folks on the other side.
- Henry Stern
Legislator
I I really think with the amount of authors and the amount of interest we had on our measure on your side, the fact that I get that amendments weren't agreed to in that committee or what I I don't know exactly how that played out, but at least a vote on that concept too. I know that's not in your power, but see, I think that's more stating for the rest.
- Thomas Umberg
Legislator
There are issues that are at a higher pay grade at least than mine. So Much higher
- Thomas Umberg
Legislator
Yeah. So a quick question for the opponents though. If you've had an opportunity to actually read, and I realize not completely digest, but at least read the analysis. Where are the opponents? Read read the analysis.
- Thomas Umberg
Legislator
And if you've had a chance to read the analysis, whether you think that existing law is actually better than what is forecast in the analysis.
- Thomas Umberg
Legislator
need to go to the microphone. One or both of you go to the microphone. So the question that's pending is, if you've read the analysis, and I understand it's not fleshed out, but looked at those concepts and whether you think that existing law actually is better than what would be envisioned in the analysis.
- David Peters
Person
One of the biggest concerns that jumped down at me is on page 13, where it says towards the top, it says, if the business does what is specified above, it is an affirmative defense. Most many of my clients don't speak English. We're talking tailor shops, donut shops, mechanics, what have you. I don't know how I could explain to them that you make this investment, you you do all these things, which, you know, we urge them to do anyways. We've done that for decades.
- Thomas Umberg
Legislator
That's what we're trying to do. Figure out whether this is better than existing law. If your if your opinion is existing law is better than what's proposed, that's influential.
- Thomas Umberg
Legislator
I would stick with existing law. You'd stick with existing law.
- Thomas Umberg
Legislator
Let me hear if there's another opponent there that would whether you would stick with existing law versus the trajectory of this bill.
- Annalee Akin
Person
Thank you for the question, Mister Chair. I would echo the concern that he flagged and, of course, noting that this is assumption without seeing anything in print. It's difficult to say if we would prefer it or not. We would certainly welcome the opportunity to review it fully and do appreciate the attorney's fees amendments that are more clear clearly specified there. But we we would support more of pure right to cure program.
- Thomas Umberg
Legislator
Okay. Thank you. Alright. Other questions or comments? Senator Lowenthal.
- Josh Lowenthal
Legislator
Yeah. I I I simply wanna say, how proud I am of this bill. How, proud I am to have the support of, disabled rights in SABL California on this bill. This bill, is not compulsory. It will get, storefronts to be more in compliance proactively.
- Josh Lowenthal
Legislator
It will open up access. It will provide remedy for businesses and respectfully ask for your IMO.
- Thomas Umberg
Legislator
Alright. Well, I think your your point's well taken that you have an option of continuing with existing law. So since this is not compulsory that the opponents may get their wish Right. Just keep existing law. Alright.
- Thomas Umberg
Legislator
Alright. With that, let's see. Chief counsel Strata, would you call the roll?
- Unidentified Speaker 038
Absolutely. This is file item number 40, AB 649. The motion is do pass as amended to the Senate Appropriations Committee. Umberg.
- Unidentified Speaker 038
Umberg, I Nilo. No. Nilo, no. Allen. Ashby, Caballero, Durazo, Laird.
- Unidentified Speaker 038
Laird, Aye, Reyes, Stern. Stern, Aye, Valadares, Wahab, Weber Pearson, Weiner. It's three to one set for
- Thomas Umberg
Legislator
the first guessing. Put it on call. Alright. I'm gonna turn over the gavel to vice Chair, and we'll return shortly.
- Roger Niello
Legislator
Peloza. Yeah. Going in file order, the next would be file item 41, AB 883.
- Josh Lowenthal
Legislator
Thank you, Mr. Vice Chair. We will go quickly on the remaining bills here. Thank you for the opportunity to present AB 883. As elected officials, it should not come as a surprise to anyone that threats against public servants are increasing across the country. Political violence is not hypothetical.
- Josh Lowenthal
Legislator
It is a growing reality. More than 40% of state legislators have experienced threats or attacks within the past three years, and nearly 90% report experiencing harassment, stalking, or intimidation. Judges are increasingly facing similar dangers. The U.S. Marshals Service reports that threats against federal judges more than doubled between 2021 and 2025 while thousands of threats against state judges have been documented nationwide.
- Josh Lowenthal
Legislator
As evolving technology has expanded the ability to collect and distribute personal information online, data brokers have made it easier than ever for bad actors to locate individuals and their families. The Federal Trade Commission has found that data brokers collect and maintain extensive personal information on nearly every American household, often retaining that information indefinitely.
- Josh Lowenthal
Legislator
California has already taken a national leadership role through the Delete Act and the creation of the Delete Request and Opt-Out Platform, also known as DROP. Since the platform became available this year, more than 300,000 Californians have already signed up to exercise greater control over their personal information.
- Josh Lowenthal
Legislator
AB 883 requires CalPrivacy to create informational materials detailing how elected officials and judges can utilize the DROP system to remove their information from data brokers. This information will be distributed through the Secretary of State, local filing officers, and the Judicial Council to ensure those serving the public are aware of and able to access these important protections.
- Josh Lowenthal
Legislator
Additionally, rather than creating a separate process for a limited group of individuals, AB 883 will reduce the deletion timeline through DROP from 45 to 30 days for all Californians. This approach improves privacy protections equitably, ensuring that every Californian benefits from faster deletion requests, while also increasing awareness among elected officials and judges about the tools available to help protect themselves and their families.
- Josh Lowenthal
Legislator
Public service should not come with the expectation that individuals or their loved ones will face threats facilitated by the widespread availability of their personal information. AB 883 takes a practical, balanced approach that strengthens California's existing privacy framework, improves access to important consumer tools, and helps protect those who have answered the call to serve their communities. Very pleased to be joined today by Doug Subers, representing Californians for Consumer Privacy, who is here to testify in support of the bill.
- Doug Subers
Person
Thank you, Mr. Chair and Senator. Doug Subers, on behalf of Californians for Consumer Privacy. I'd like to thank the author for bringing this bill forward, and I don't wanna be repetitive here. We really work hard on establishing and strengthening privacy rights and making it efficient and effective for Californians to exercise those rights. The author and the analysis on pages 7, 8, 9 highlights a startling increase in threats and intimidation and violence towards elected officials across our country and here in California.
- Doug Subers
Person
We think it's incredibly important that elected officials and judges understand their rights under existing law to exercise deletion requests through CalPrivacy's DROP system, and we also think it is incredibly important to reduce the timeline to exercise deletion. We think this will help-- one tool to help reduce threats and violence, allow elected officials and judges to protect their family, and hopefully support the best and brightest among us running for office and serving the public. For those reasons, we would ask for your aye vote today. I'd also like to express support on behalf of DeleteMe, a company that helps Californians and consumers exercise their privacy rights. Thank you.
- Elliot Sangara
Person
Elliot Sangara, on behalf of the California Privacy Protection Agency, in support.
- Roger Niello
Legislator
Thank you. Any others in support wish to express so? Seeing none, we'll move to the opposition. Are there primary witnesses in opposition to the bill?
- David Bolog
Person
I must have just woke up. David Bolog with the SFV Alliance. I appreciate what the author is trying to do here today. This is the second bill we heard today. We're giving certain people special privilege to have privacy. I would really appreciate it if the legislatures actually work for everybody to have that same privacy. Thank you.
- Naomi Padron
Person
Good evening, Chair and members. Naomi Padron. On behalf of the, Computer and Communications Industry Association. We have an oppose unless amended position. Thank you. Okay.
- Unidentified Speaker 013
And going back on behalf of the California Chamber of Commerce oppose unless amended.
- Roger Niello
Legislator
Others in opposed? Seeing none come forward. Bring it back to the committee. It is back to the Laird and Nilo show, which is how we started out several years ago, several hours ago. It seems like years.
- John Laird
Legislator
Senator Laird. At the appropriate time, I'm ready to move the bill. Okay.
- Committee Secretary
Alright. This is file item number 41, AB883. The motion is do passed to the Senate Appropriations Committee. [Roll Call] Okay.
- Roger Niello
Legislator
That it will go on call, so we have, uh, two more bills, with Assemblyman Lowenthal. Next is item 43, AB 1803. Thank you,
- Josh Lowenthal
Legislator
I'm pleased to present AB 1803, which was developed in partnership with the Select Committee on Racism, Hate, and Xenophobia, chaired by Assemblymember Corey Jackson. And this is a Jewish caucus priority bill. The reason why this is a Jewish caucus priority bill is very simple. Our community is under threat. California now ranks second in the nation for anti-Semitic incidents.
- Josh Lowenthal
Legislator
Anti-Jewish hate crimes account for 80% of all reported religious hate crimes, 19% of all hate crimes committed in schools, while only 3% of the state's population. Action is demanded now. We must prevent hate from persisting and give workers the tools and knowledge to recognize hate speech. AB 1803 tackles this issue by requiring all California businesses with five or more employees to include anti-hate speech training as a component of their existing workplace sexual harassment prevention training.
- Josh Lowenthal
Legislator
It just ensures that hate speech is addressed so workers understand how to identify and report hate speech when they encounter it. I should point out that so many, sexual harassment trainings already include these modules, including the very training that we do here in the legislature. Hate speech is more than offensive language. It can be a precursor to violence. Left unchallenged, it normalizes hostility and emboldens escalation.
- Josh Lowenthal
Legislator
Addressing hate now is especially urgent given that reported hate crimes in California has risen by over a 160% over the last decade. Employers already provide harassment prevention training. We're simply asking them to ensure it covers the full scope of what their workers are experiencing. When employees can recognize hate speech, understanding their rights and feel empowered to report it, hate loses the silent tolerance it depends on to persist. And lastly, I want to address the concerns that have been raised about the First Amendment.
- Josh Lowenthal
Legislator
This bill does not target speech itself. It addresses conduct that creates a hostile work environment. The court have long recognized that speech delivered in the workplace can rise to the level of harassment or intimidation when it is severe or pervasive enough to interfere with an employee's ability to do their job. Training employers to recognize that distinction is not a restriction of free speech. It's an acknowledgment that workplace conduct must be appropriate, and that workers deserve protection from a hostile environment.
- Josh Lowenthal
Legislator
Every worker deserves to come to work without fear of being targeted for who they are. The workplace should be a space where people can contribute and thrive, not one where they have to absorb hatred in silence. Very pleased to be joined by Lan Li from Asian Americans Advancing Justice Southern California, who is here to testify in support.
- Lan Li
Person
My name is Lan Li with Asian Americans Advancing Justice Southern California. And through our work, we've seen that harmful rhetoric and harassment are far more widespread than many realize. That reality is reflected in a recent UCLA survey, which found that more than 3,000,000 Californians experienced a hate act in 2024, and eighty three percent of those incidents involved verbal abuse or insults. As an organization that is committed to serving the most disadvantage, we know how deeply those messages can wound.
- Lan Li
Person
For example, when immigrants are repeatedly portrayed as threats, criminals, or outsiders, those messages do not stay in political debates. They take hold in everyday life and inevitably surface in the workplace. No worker should have to wonder whether their accent will be ridiculed, their faith targeted, or the right to belong in this country be called into question, especially if the consequences of hate speech do not stay contained at work.
- Lan Li
Person
Survey data from Stop AAPI Hate found that forty percent of AAPI individuals who experience hate said they had a negative effect on their mental or physical health. That is why our organization regularly conducts bystander intervention training in response to anti Asian hate.
- Lan Li
Person
Through our trainings, more than 11,500 individuals have gained practical strategies to speak up and interrupt harmful behavior before it escalates. Following this training, ninety six percent of attendees reported that they feel confident intervening if they witness anti Asian hate. AB 1803 applies the same principle to the workplace. At its core, this bill is about whether people can show up to work without fear of being diminished or targeted. It is about ensuring that dignity is not something that people have to defend alone.
- Lan Li
Person
For these reasons, I respectfully ask you to vote aye on AB 1803. Thank you.
- Conner Gassman
Person
Good evening, chairs and Senator. Connor Gassman on behalf of Engineers and Scientists of California in support.
- Roger Niello
Legislator
And if there are any others in support, come to the microphone. Not seeing any, we'll move to the opposition. Primary witnesses in opposition to the bill.
- Rochelle Connor
Person
Good evening. Rochelle Connor, legislation liaison for Concerned Women for America. This bill purports to require anti-hate speech training, yet it never defines hate speech. When the government mandates individuals to express messages, affirm beliefs, or use language they do not agree with, it violates personal conscience and expression. Under the First Amendment, there is no recognized category of hate speech.
- Rochelle Connor
Person
The Supreme Court has consistently held that offensive, unpopular, and even deeply disturbing speech remains protected. Throughout our nation's history, biracial slurs were used to dehumanize my people. Words like nigger, coon, jigaboo were reprehensible, but never made illegal simply because they were offensive. The constitution protects speech even when we find it abhorrent. This bill invites employers to police undefined hate speech based on subjective and evolving concepts of identity.
- Rochelle Connor
Person
Californians have every right to identify themselves as they choose, but no individual's preferred pronoun or self identification supersedes another person's first amendment rights. Everyone is equal under the law. No group should receive greater speech protections than another. California already prohibits unlawful harassment, and discrimination in the workplace. Those laws are clear, enforceable, and constitutional.
- Rochelle Connor
Person
This bill goes beyond preventing unlawful conduct by introducing an undefined concept that will chill free speech and expose employers to confusion of liability. The legislature should not compel employers to train employees on a legal standard that does not exist. For these reasons, I respectfully ask for a no vote on AB 1803. Thank you.
- Conner Gassman
Person
Members, AB 1803 is not an anti-harassment bill. It is a government speech bill. This legislation requires California employers to provide mandatory anti speech training, but it never answers the most important question, who decides what hate speech is? The bill defines hate speech as speech that vilifies, humiliates, or incites hatred based on protected characteristics. Those terms are hopelessly subjective.
- Conner Gassman
Person
What one person considers offensive, another considers the truth. Personally, I think it's a hateful that men are calling themselves women and demanding inclusion of female sports, locker rooms, and demanding the use of she/her pronouns. I think it humiliates women to have men pretending to be them. I think it incites hatred towards those of us who believe in biological reality if an employer trains us to deny reality. I believe compelling people to deny biological reality is itself degrading and coercive.
- Conner Gassman
Person
That is precisely why government should never be placed in the position of deciding which viewpoints are acceptable. The First Amendment exists for one reason, to protect speech that someone else finds offensive. It does not exist to protect popular speech. Popular speech never needed protection. This legislature has introduced a no kings bill this year, yet I cannot imagine anything more king like than empowering government to decide what citizens may say, what they must believe, and what ideas employers are required to teach.
- Conner Gassman
Person
An employee who refers to a male colleague as he, because he is a male, could be reported under this training framework for speech that vilifies or humiliates based on gender identity. Employers will be expected to train against that speech, investigate it, and discipline it. That is not combating harassment. That is compelling ideology through the threat of employment consequences. Government should punish unlawful conduct, not police opinions.
- Conner Gassman
Person
The First Amendment does not end when Americans walk to the workplace store. I respectfully ask for
- David Bullock
Person
Hi. David Bullock on behalf of the coworkers at my factory I work at who are tired of these trans trying to tell us what to think. We are in opposition.
- Lisa Disbrow
Person
Lisa Disbrow with Moms for Liberty of Contra Costa, informed parents of Contra Costa, retired teacher who was coerced to have certain speech, and I gave up my career over it. I demand my free speech and all my rights. That's it.
- Roger Niello
Legislator
Thank you. Are there any others opposed? Seeing none come forward, we'll bring it back to the committee. Senator Loehr.
- John Laird
Legislator
Thank you. I think given the discussion that we just had, there's a sentence from the analysis that is very much on point. And it says that the objections such as what we just heard confuse the difference between the law on whether the state can prohibit or criminalize speech, and for the most part it cannot, and whether speech can constitute harassing or abusive conduct that constitutes discrimination under the Fair Employment and Housing Act, which of course it can.
- John Laird
Legislator
So I think that's the nuance that is at the heart of this bill. And it you you know, there were some absolutists about free speech that we just heard and shouting fire in a crowded theater is not free speech, which also infers the nuance that exists between causing danger or imminent physical harm and free speech.
- Roger Niello
Legislator
I agree with what you're trying to do and I agree with the comments that Senator Laird made. However, I can't support the bill. The reason being that the government is going to be telling employers how to regulate, the, behavior in their workplace. And I think that's up to the employer.
- Roger Niello
Legislator
Now, as an employer or as I excuse me, was before I went into politics, but I was involved with running organizations and and I had standards that I expected people to live by and comply with and communication at the workplace.
- Roger Niello
Legislator
And I figured it's our businesses responsibility to police that for the purpose of our business. And frankly, if an employee isn't in a comfortable situation, he or she's probably gonna leave. But I don't think it's up to the government to dictate to private employers each and every way that they should control that in their own workplace. So I agree with the premise. I agree with what senators Laird said.
- Unidentified Speaker 013
But for the reasons that I stated, I can't support the bill. So call the roll if you will.
- Josh Lowenthal
Legislator
That would not have been the close I would have chosen. I wanna remind everybody that this bill is about a training module. It is not about anything other than that. It's about adding a training module to existing sexual harassment workplace training. It does not add extra modules on time.
- Josh Lowenthal
Legislator
It should be included already. It is already taking place in sexual harassment training modules such as the one we use here. I want to repeat that over and over again. And I will also repeat the very alarming rise in, hate crimes and hate that's happening throughout the state of California. This is a very common sense way to address it in a place where we all are, in the workplace.
- Unidentified Speaker 038
Alright. This is file item 43, AB 1803. The motion is to pass to the Senate Appropriations Committee. Umberg. Nilo?
- Unidentified Speaker 038
Reyes, Stern, Valadares, Wahab, Webber Pearson, Weiner. That's one Aye, one no, and member's missing.
- Josh Lowenthal
Legislator
We'll be real fast, Mr. Chair. Thank you, Mr. Chair and senators, for the opportunity to present AB 2030. This will prohibit the sale of over-the-counter diet pills and supplements marketed for weight loss or muscle building to individuals under the age of 18 years old. I want to thank-- begin by thanking the committee for their work on this bill. I will be accepting the committee amendments.
- Josh Lowenthal
Legislator
Adolescents face unique risks when it comes to dietary supplements marketed for weight loss and muscle building, particularly because of how heavily these products are promoted to young people and the well-documented harms these products cause. Extensive research documents the dangers of these products. The American Academy of Pediatrics has strongly cautioned against teens using weight loss supplements. These products are not recommended by physicians but they are widely available in pharmacies, grocery stores, specialty chains, and on the Internet.
- Josh Lowenthal
Legislator
The use of these supplements for weight loss and muscle building is associated with mental health vulnerabilities, such as eating disorders and dysmorphic body disorders. Additionally, according to the American Academy of Pediatrics' recent guidelines, they discourage the use of sports supplements in athletes less than 18 years old, emphasizing that a balanced diet is the best way for young people to get all the necessary nutrition that they need. Dietary supplements are not regulated like pharmaceutical drugs. Unlike prescription medications, these products do not need to demonstrate safety or effectiveness before being sold, allowing potentially dangerous items to remain widely accessible.
- Josh Lowenthal
Legislator
Given that these products have high rates of use amongst vulnerable youth, documented links to harmful behaviors and medical events, and no way to test if these products are safe for children, restricting access for individuals under 18 is a reasonable and necessary public health measure. AB 2030 would establish clear, enforceable age restrictions on the sale of over-the-counter diet pills and dietary supplements marketed for weight loss or muscle building.
- Josh Lowenthal
Legislator
The bill creates meaningful safeguards to prevent youth access by requiring age verification for in-store and online purchases. Just like existing age restrictions for other harmful products, AB 2030 provides a practical and immediate step to better protect California's youth from dangerous and misleading weight loss and muscle-building supplements. Here to testify in support of the bill is Sarah Sorscher--I'm sorry if I'm butchering that--Director of Regulatory Affairs for the Center of Science in the Public Interest, CSPI, and Izzy Mann, STRIPED California youth team captain and student attending Occidental College.
- Sarah Sorscher
Person
Thank you. You nailed my name, by the way. That was great. Perfect. Good evening. I'm Sarah Sorscher, Director of Regulatory Affairs at Center for Science in the Public Interest, or CSPI, a proud sponsor of Assembly Bill 2030. CSPI is a national nonprofit that has been at the forefront of food and supplement safety for 55 years. We take no donations from the food or dietary supplements industry so we can serve as an independent voice for the public interest. AB 2030 prohibits the sale of over-the-counter diet pills and weight loss or muscle-building dietary supplements to minors.
- Sarah Sorscher
Person
This bill is needed in part because these products are dangerous and poorly regulated. Many have well-documented risks, and they are frequently marketed without FDA's pre-market safety review. Weight loss and muscle-building supplements are also heavily marketed to youth, including on social media platforms like TikTok, often with false promises and deceptive claims of efficacy. FDA and other health experts warn against the use of these products, citing serious health risks, including liver damage, hospitalization, and even death.
- Sarah Sorscher
Person
Between 2007 and 2016, the FDA identified 776 dietary supplement products adulterated with active pharmaceutical ingredients, over half of which were marketed for weight loss or muscle building. Those adulterants included illegal stimulants, steroids, and prescription drugs that pose serious health risks.
- Sarah Sorscher
Person
More so, these products are not recommended for children. The American Academy of Pediatrics considers the use of diet pills a high-risk eating behavior among children and discourages their use, and AAP also discourages teen use of performance-enhancing substances, which include muscle-building supplements, as they can contain undeclared steroids or stimulants, are not tested for safety, and make false claims about enhancing performance.
- Sarah Sorscher
Person
AB 2030 will not only protect children but also push major retailers to be more responsible. When New York enacted similar legislation in 2024, Amazon began requiring third-party testing for these kinds of supplements. California should enact these strong evidence-based protections to keep kids safe, and I respectfully ask for your aye vote.
- Izzy Mann
Person
Good evening. My name is Izzy Mann, and I am a college student from Pasadena attending Occidental College and the California Captain for the Strategic Training Initiative for the Prevention of Eating Disorders at the Harvard T.H. Chan School of Public Health, and I'm here in strong support of AB 2030.
- Izzy Mann
Person
I'm here not only as an advocate, but as someone who has personally struggled with an eating disorder that landed me in the hospital and I know firsthand how accessible and deceptive these products are, especially as a young person navigating body image pressures amplified by social media and diet culture. That experience is what drives my work and is what brings me here today. However, my story is not unique and the science confirms it. These products are not reviewed by the FDA before they reach store shelves, meaning minors can easily purchase supplements that may contain banned drugs, toxic chemicals, or heavy metals.
- Izzy Mann
Person
These products send over 23,000 people to the emergency room every year, and youth who use them experience severe medical injuries at three times the rate of those taking ordinary vitamins. AB 2030 is a common-sense safeguard. It doesn't ban these products. It simply ensures they are not sold to minors. I wish this bill existed when I was younger, which is why I urge this committee to vote aye on AB 2030 to give today's youth the protection I didn't have. Thank you.
- Roger Niello
Legislator
Thank you. Others in support, state your name, organization, and position.
- Katie Henze
Person
Good evening. Katie Henze. I'm on behalf of California's Commission on Status of Women and Girls, in support.
- Chloe King
Person
Chloe King with Political Solutions, on behalf of the American Academy of Pediatrics. Thank you.
- Robert Herrell
Person
Good evening, Mr. Chair and members. Robert Herrell, Executive Director of Consumer Federation of California, in strong support. Thanks.
- Roger Niello
Legislator
Others in support? Seeing none come forward, do we have principal witness in opposition?
- Hita Mackler
Person
Good evening, Mr. Chair and members. Hita Mackler, on behalf of the Council for Responsible Nutrition with an opposed unless amended position on AB 2030, and let me start by thanking the author for the constructive conversations to date. And in the interest of time, I'll be brief. CRN has a history of working constructively with authors on these issues.
- Hita Mackler
Person
Over the last couple of years, we worked on AB 1341 with Assembly Member Cristina Garcia and SB 82--or AB 82 at the time--with Senator Weber Pierson, and our engagement on those efforts was focused in great part on establishing a more balanced and targeted framework that does not bring in unintended products within scope.
- Hita Mackler
Person
Specifically, by tying the scope solely to labeling and marketing claims, our concern with AB 2030 is that it would bring products within scope that have no connection to the bill's purpose if you contrast that with past efforts, which focus on products that may contribute to specified health conditions, as determined by the California Department of Public Health. And in the end, we just believe that the approach taken in AB 1341 from 2020, while imperfect, makes much more sense both from a public health and compliance standpoint than establishing a sales restriction based solely on what is contained on the label or advertisement. CRN appreciates the opportunity to share our concerns and look forward to continuing conversations with the author. Thank you.
- Molly Maula
Person
Good evening. Molly Maula, on behalf of the Consumer Healthcare Products Association with a similar position. We have two main concerns: the bill requires two separate independent age identification requirements for the same transaction and then also that the bill is based on ingredients versus the product itself or what the product is used for. So we ask for similar amendments around age restriction being grounded in explicit marketing and labeling as well as a well-defined singular age verification system. Without those amendments, we remain opposed. Thank you.
- Roger Niello
Legislator
Thank you. Others opposed? Seeing none come forward, we'll bring it back to the expanded committee now. There's four of us. Questions or comments? Seeing none, please call the roll. Oh, I did it again. I'm sorry. Senator Ashby moves the bill but Assemblyman Lowenthal needs to close.
- Josh Lowenthal
Legislator
I simply wanna say, very proud of this bill. I'm also proud to have the Health Chair, Dr. Weber Pierson, be a co-author on the bill. And I can say this as a very proud girl dad. There's absolutely no reason for young people to be taking diet pills. Young women in particular and the culture that we have and the things that they're facing online and pushing them into a diet culture is horrific with horrific outcomes. We see that by the alarming spike in eating disorders and anxiety, depression in young people. So we need to do our part, and respectfully ask for your aye vote.
- Committee Secretary
This is File Item Number 44: AB 2030. The motion is do pass as amended to the Senate Appropriations Committee. [Roll call]. Three to zero.
- Thomas Umberg
Legislator
Three to zero. We'll put that on call. Thank you very much. Assembly Member Muratsuchi. Thus ends the Lowenthal-palooza. Assembly Member Muratsuchi, the floor is yours.
- Al Muratsuchi
Legislator
Thank you very much, Mister Chairman and senators. I'm here to present, Assembly Bill 1128, which seeks to address, of course, one of the most compelling challenges facing Californians' housing affordability. Specifically, this bill focuses on mobile homes, as one of the, most important sources of affordable housing, for Californians.
- Al Muratsuchi
Legislator
We know that mobile home residents not only face the cost of of owning for many their mobile homes, but also the rents that are charged by the owners of the mobile home parks for the, the tenancy or for the land, space rent.
- Al Muratsuchi
Legislator
This bill, originally was, seeking to prohibit the, the mobile home park from increasing the space rent for the land on which the mobile home is located by more than 3% plus the percentage change in the cost of living up to a maximum cap of 5%.
- Al Muratsuchi
Legislator
The original bill was proposing a statewide rent stabilization scheme, but and Mister chairman, you have asked me and I will be accepting the amendment to limit the the application of this measure to one city, the city of Torrance. And so,
- Thomas Umberg
Legislator
Yes? Just just to be clear Okay. And and not anything in Orange County. Is that right?
- Al Muratsuchi
Legislator
That is correct. That that that is my understanding of what what you asked in terms of of amendments. Okay. Not One second. Okay. Alright. Okay.
- Thomas Umberg
Legislator
I'm sorry. Go ahead. Alright. Well, the The accepted amendment that specifies that this only applies in Torrance. Is that right?
- Al Muratsuchi
Legislator
That is my understanding of what Okay. You are asking me to to take. I mean, of course, my my preference is for this to be applied statewide and and you'll hear a testimony from the Mobile Residence Coalition supporting that statewide proposal, but based on the chair's requested amendment, I am willing to limit this to the the city of Torrance as a small but important step toward the need for statewide rent stabilization.
- Al Muratsuchi
Legislator
This bill came out of, an experience that I had with a mobile home, park in Torrance, where, since, the pandemic and and, more specifically since 2022, residents of this mobile home park have seen, their rents going from $954 to up to $2,800, within a five year time span. The percentage increases have have included, 15.9%, rent increase in one year and with subsequent 10% increases in the in the subsequent years, for a total of about 46% increase in the rent within a short four year time span.
- Al Muratsuchi
Legislator
This led to a tremendous uproar in the the Skyline Mobile Home Park in in Torrance. And, I I was I I met with, their their residents. An overflow crowd met in the, Mobile Home Park community room. These were seniors living on fixed incomes, people with disabilities, veterans, working families, all desperately asking for some stability and predictability in in their their rent. So that is why we are bringing AB 1128 before you.
- Al Muratsuchi
Legislator
We have a witness that was in support was the sponsor of the original statewide rent stabilization proposal to share her testimony. And this is Terry Williams representing the Mobile Home Residence Coalition.
- Terry Williams
Person
Thank you. Good afternoon. Thank you for, having me here. I'm Terry Williams. I'm an Orange County resident, and I'm president of the Mobile Home Resident Coalition. We're a nonprofit representing 58,000 manufactured housing homeowners. We own our homes. We rent the dirt underneath them. We strongly supported AB 1128 by Assembly members Maritsuchi and Quirk Silva. In its current form, it would provide affordable and predictable rent increases for homeowners.
- Terry Williams
Person
The Californians who will benefit or would have benefited from the bill are seniors on fixed incomes, veterans, people with disabilities, and working families. Historically, mobile homes have remained an important stronghold of affordability in the midst of California's well documented housing crisis. However, we've not been immune to significant rent increases, with homeowners spending an average of 66% of their income on housing. Some paying as much as 80 to 90% of their income on housing. Meanwhile, large equity park owners have experienced extraordinary financial returns.
- Terry Williams
Person
According to an article in February 2025 in the Wall Street Journal, some major mobile home park companies generated returns of more than 4000% post housing crash. 11/28 in its current form is about creating balance for vulnerable mobile homeowners. We're seeking basic protections for people who face rent increases of twenty, fifty, and in some cases, even 200% when communities change ownership. Currently, approximately 25% of California's 400 cities have mobile home rent stabilization, but that leaves roughly three quarters of homeowners with no protections whatsoever.
- Terry Williams
Person
We're not trying to prevent community owners from earning a fair profit. We're simply asking for reasonable limits so homeowners can afford food, medicine, and home maintenance while maintaining financial security. MHRC and our 58,000 manufactured housing homeowners across the state are extremely disappointed in the Golden State Manufactured Homeowners League Alrighty. And their back alley opposition
- Thomas Umberg
Legislator
Thank you. Alright. AB 1128, if you're in support, please come forward. If you're in support of AB 1128, please come forward. If you're opposed to AB 1128, please come forward.
- Chris Wysocki
Person
Good evening, Mister Chair, members, Assembly Member. Chris Wysocki with WMA. We're the largest trade association of mobile home park owners in the state, and I'm here to mostly speak in opposition to the original bill. We have not had a chance to review the language, of the proposed amendments. So we'll take that under consideration as if and when this bill should move forward.
- Chris Wysocki
Person
But I'll just point out a few things, that are most pointed towards, the original opposition. And one, it's, you know, local jurisdictions already have the opportunity to pass rent control at the local level. We don't believe it's in the state's best interest to tell local local jurisdictions how to run their cities. But two, with respect to the caps. This legislature a few years ago passed AB 1482, which was a statewide rent control regime for, multifamily apartments and multifamily units.
- Chris Wysocki
Person
The caps there were set at five and ten, 5% floor with an upward adjustment based on CPI up to 10. Now, we, are questioning why mobile home parks are being treated, disproportionately on that number, because fundamentally, mobile home parks and apartment units are different. The amount of infrastructure upkeep that is required in a mobile home park is generally much larger than a, standalone apartment community. So we would at least like the threshold to be up at five and ten.
- Chris Wysocki
Person
Third, AB 20, AB, 1128 doesn't contain any, provision for a capital pass through on expenses. You know, the rent control ordinances at the local level always have a rent control, Rent Stabilization Board that you can appeal to to raise rents above the mark above the cap if there's a dramatic need for capital investment. Sewer system goes out, clubhouse burns, streets are recorded. Thank you.
- Thomas Umberg
Legislator
So You want us to vote no? Please vote no. Alright. Thank you. Thank you.
- Jason Ikerd
Person
Thank you, Mister Chair and members. Jason Ikerd on behalf of the California Mobile Home Park Owners Alliance. I'm gonna keep this very brief in part because we'll obviously have to be looking at the amendments ourselves and taking a a a look at it.
- Jason Ikerd
Person
CMPA opposes rent control and mobile home parks for all the reasons that Mister Wysocki stated, but I do wanna add one more, which is that Mister Muratsuchi talked about the two costs that residents face, the cost of their home and the cost of their rent. And those two things are actually not unrelated.
- Jason Ikerd
Person
Since the 80 studies have shown that when you impose rent control, especially when it is stricter, like this bill is stricter than what we impose on all other forms of rental housing, the cost of the home increases. The value of that rent control gets capitalized and there is a premium essentially that gets paid by an incoming resident. So in fact, if this bill passes and becomes law and it only applies in Torrance, the homes in Torrance will all increase in cost.
- Jason Ikerd
Person
That is again what we have seen again and again as rent control is imposed. It creates a barrier to entry into the park and into the homeownership in the park. So for that reason and all the reasons Mister Wysochi stated, we oppose this bill.
- Thomas Umberg
Legislator
Thank you. Thank you very much. Others who oppose AB 1128. This is me too testimony at this point.
- Mark Abel
Person
My name is Mark Abel representing the Golden State Manufactured Homeowners League, GSMOL. We strongly oppose AB 1128
- Thomas Umberg
Legislator
Sir, this is your name, your association, and your position on the bill. Oh,
- Thomas Umberg
Legislator
Alright. Okay. Thank you. Yep. Alright. Others opposed AB 1128. Seeing no one else coming forward, let's bring it back. Committee for questions by committee members, questions by committee members. Seeing no questions or comments. Yes. Senator Durazo.
- María Elena Durazo
Legislator
Yeah. One of my concerns explained that it was a gut and amend That's correct. Process. Could you explain why and what was what was the urgency behind making that working working it that way?
- María Elena Durazo
Legislator
Certainly, Senator, as the committee analysis points out, while this, was a gun amend, this is my third attempt, to, to propose this. And I would add that my first two attempts were bills that similarly, proposed the, the 3%, 5% cap. And those two bills were sponsored by by the Golden State Manufactured Homeowners League. But I'll I'll be perfectly frank. I mean, I I felt like this is unfinished business for me.
- María Elena Durazo
Legislator
I'm in my last months of my service in the California legislature, and I promised the people of the Skyline Mobile Home Park that I was gonna fight to give them relief for for mobile home residents. And and so that is why I'm here.
- María Elena Durazo
Legislator
Okay. Well, if I can follow-up. Sure. I I mean, I commend you for that because I know that's that's what your what was behind what your intentions were. There there's another voice here which if you could talk about as as well. The Golden State Manufactured Homeowners League who have been on the side of residents for many, many years. I know them because they come here for various bills.
- María Elena Durazo
Legislator
So have you met with them or gotten their what are their concern what their concerns are and why there's this difference of opinion and what what came out of those kind of conversations for you?
- María Elena Durazo
Legislator
Yeah. I'll I'll have to be perfectly frank again. I mean, this bill originally was we we were discussing with GSMOL to continue to be for the third time to sponsor my my bill to to address mobile home rent stabilization. We talked about the same terms. Again, the the committee analysis points out in in in 2024, I introduced Assembly Bill 2778 sponsored by g GSMOL.
- María Elena Durazo
Legislator
In 2023, I introduced Assembly Bill 1035 that was sponsored by GSMOL. And we continued those those discussions for this bill with those same 3%, 5% cap numbers. We also talked about, you know, the the concern that they raised in their letter dated 06/25/2026, where they they cited their concerns about vacancy control. They specifically said that they had a split in their membership regarding vacancy control, and they asked us not to put it in this bill.
- María Elena Durazo
Legislator
And so, you know, honestly, I I'm just a little perplexed by GSMOL's flip here.
- María Elena Durazo
Legislator
I I don't know if miss Williams, you know, what what the chair's permission can can add further as there's someone here from we don't normally do this, but since Senator Rosso has inquired, someone here from GSM and Wells, I don't think so. So There was my outside. There was he was here, but then he was Right.
- María Elena Durazo
Legislator
He left. Well, he went out. Okay. What if while we're waiting, Senator Ross, did you have another question? And I know Senator Wahab had a question.
- María Elena Durazo
Legislator
Well, I I I the vacancy control What was the result of the conversations? You mentioned that.
- María Elena Durazo
Legislator
So the last we discussed the inclusion, whether or not to include vacancy control in in this bill. GSMOL asked us not to put it in because there was a split, you know, for for the issue that was raised by by one of the opposition. You know, the the interplay between rent stabilization and the value of the mobile home because there were some concerns about that. They asked us to keep it out.
- María Elena Durazo
Legislator
And so that's why we kept it out and to see this popping up in their 06/25/2026 letter, you know, as a fault that that this bill currently does not include vacancy control.
- María Elena Durazo
Legislator
It's, you know, again, as an example of GSMOL flip flopping on on on, you know my third attempt to try to help mobile home residents.
- Thomas Umberg
Legislator
So while we're looking, Senator D'Arasso, do you want to let Senator Wahab go ahead and pose her question? Right. Okay. Senator Wahab.
- Aisha Wahab
Legislator
Thank you. I have a couple questions, couple comments. Number one, this has been amended to just be in the city of Torrance. Correct?
- Aisha Wahab
Legislator
Okay. And then, do you have any language in your bill that says that if the city were to adopt a lower threshold that that lower threshold would be, you know, the standard?
- María Elena Durazo
Legislator
Yes. This bill specifically excludes any mobile home space subject to any ordinance, rural regulation, or initiative that restricts annual increases in the rental rate to an amount less than provided in this bill?
- Aisha Wahab
Legislator
Okay. Let's let's say it in plain English. So if if your bill says 5% and a city says 3%, which one's valid?
- Aisha Wahab
Legislator
Okay. Perfect. You know, I again have been very frustrated. You know, a lot of the renter bills come through this committee in Judish, and that's the reason why I asked to sit on this. I don't believe that this institution does enough for renters and mobile home residents and much more and those that are really struggling.
- Aisha Wahab
Legislator
You know, we often say that, oh, so many ballot measures were beat. You know, we had testimony here that said AB 14 Hated to? Yeah. Yeah. Was done.
- Aisha Wahab
Legislator
It was done literally almost, you know, almost ten years ago. It's coming up. It's going to expire. And, you know, this the foundation of this country is to form a more perfect union. Right?
- Aisha Wahab
Legislator
So just because of that bill, everybody's supposed to stop working in the space. Right? That is the assumption based on the speaker's commentary consistently in this committee regarding renters. I would have loved to see this bill actually be bigger and cover the entire state.
- Aisha Wahab
Legislator
Yes. And this committee, as well as all other committees that kind of touched the renter space, has literally, in my opinion, harmed renters across the board. You know, when we're talking about transparency bills, always killed. When When we're talking about accountability bills, always killed. Senator De Razzo has authored a number of bills.
- Aisha Wahab
Legislator
We've seen them either significantly watered down or killed, myself included, a wide variety of, folks. And we are seeing more and more of our homeless population be our senior population. They are on fixed incomes. They are struggling day to day to, you know, pay insurance, groceries, utilities, you name it. And you either are a renter or mobile home resident or something before you hit the street.
- Aisha Wahab
Legislator
And that is what, you know, this institution is failing to realize. Right? And so you are making a very noble attempt at trying to address a concern. Obviously, there's plenty of institutions and industries that, you know, wanna see your bill fail literally because of profit.
- Aisha Wahab
Legislator
And I think that that is deeply harmful when we're talking about our economy and we're talking about, you know, our system as a whole because the entire point of why we have checks and balances and make sure that there's no price gouging and there's there's, you know, certain laws that prohibit certain behaviors is literally so we can ensure that we are supporting people.
- Aisha Wahab
Legislator
Right? And the reason why there are, you know, people highlight these bills that, oh, you know, it's going to increase the cost of this and that, that's not necessarily the case. Right? And we know that there are units that are naturally affordable. We also know that are laws that protect people, actually do their job.
- Aisha Wahab
Legislator
In the city of San Jose, I think we have nearly 50 mobile home parks. We had a bill that went through last year that said develop, develop, develop and literally stripped away four specific laws that have been standing for literally decades for mobile home parks that we all had to unanimously support a bill, that I'm carrying with the urgency clause literally to just give back the original rights. Right?
- Aisha Wahab
Legislator
So I say all of this because we do need more checks and balances in specifically in industries and we've seen a couple bills today that there is an imbalance of power. There's an imbalance in the commerce that is being done and I think that your bill like I said I think that there's a lot of questions and I know that you've had significant amendments, but it's a step in the right direction.
- Aisha Wahab
Legislator
I will be supporting this bill. I hope this bill gets out of this committee and with that, I will move the bill too.
- Thomas Umberg
Legislator
Sure. I think you're gonna get a chance to close right now. Do you wanna do this and then close? Go ahead. Go ahead and respond.
- María Elena Durazo
Legislator
Okay. There are no I just wanna make sure that there are no further questions. No? Okay. Yes.
- María Elena Durazo
Legislator
Well, thank you. I thank you to this committee for the opportunity to present this bill. I I wanna make it absolutely clear, Senator Wahab, that that, you know, the the Mobile Home Residence Coalition, they sponsored the original bill for a statewide rent stabilization for mobile home residents. Exactly for the reasons that you stated, I was here in the legislature where we passed AB 1482 with the 5%, 10% cap.
- María Elena Durazo
Legislator
And at that time, there was already, concerns raised by by many, you know, tenant advocates that were saying that the 10% cap is too high, that that people were going to raise the rents proactively to the maximum 10% every year.
- María Elena Durazo
Legislator
And that's exactly what has been happening, at the Skyline Mobile Home Park. And that's why we have this 46%, you know, with 16% in the first year and then 10% thereafter. And so, we're seeing that that this is the exact illustration why the the 5%, 10% cap that the the the opponents are advocating for is inadequate to protect our mobile home residents.
- María Elena Durazo
Legislator
I I had very difficult conversations with miss Williams representing the the the mobile home residents because you know, she frankly wanted, to go with the bill as is and go down fighting. But, you know, we it's my understanding that the only way I can get this bill, you know, with the the with the the chair's support for this bill was to limit it to the city of Torrance.
- María Elena Durazo
Legislator
I don't wanna limit it to the city of Torrance, but after many hard conversations, we we decided that this is a small step toward the long term cause of fighting for mobile home rent stabilization statewide. And so with that, respectfully ask for ad vote.
- Thomas Umberg
Legislator
Alrighty. And I I would invite members who are interested as to why GSMOL was such in such vigorous opposition to engage with GSMOL. So with that, committee assistant Porter, it's been moved by Senator Wahab. So Oh. Let me make sure that we're on the record properly.
- Thomas Umberg
Legislator
This is a commitment to limit the bill to the city of Torrance. Correct? In the next committee?
- Thomas Umberg
Legislator
Alright. It will now be due pay On the floor. Okay. Okay. So it will be do pass now, and you'll commit to amended to the city of Torrance after this committee before it goes to the floor.
- Thomas Umberg
Legislator
Yes. Alright. Thank you. Alright. Committee supporter, please call the roll.
- Unidentified Speaker 003
This is file item number 45, AB 1128. The motion is do pass. Umberg? Aye. Umberg?
- Unidentified Speaker 003
Alan, Ashby, Caballero, Duraso, Laird, Reyes, Stern, Baladares, Wahab, Wahab, Aye, Weber Pearson, Weiner. Weiner, Aye, three to 1.
- Diane Papan
Legislator
Good afternoon, Chair. I'm, pleased to present AB 1772 that seeks to have a, coordinated and long term framework dealing with golden mussels. We hear about it on the news and, they are invasive to say the least. So this bill does three things to try to deal with them and, the first is to establish a statewide standard for, inspections and decontamination.
- Diane Papan
Legislator
The second is it connects California to the watercraft inspection and decontamination system called WID, which is used across many Western states to kind of track vessels.
- Diane Papan
Legislator
And the third thing it does is it establishes a sticker program for non motorized vessels. We already have one for motorized vessels. And as it relates to the jurisdiction of this committee, it's, to allow us to assess penalties if you don't get the sticker. And the penalties are, cannot Max out to be more than twice the amount of the sticker, which would be $40.
- Diane Papan
Legislator
So we really feel this is, one of the ways that we can be proactive instead of reactive with a very, very, very aggressive species.
- Diane Papan
Legislator
And respect the question I vote when the time comes. I have Mark Smith with me Alright. Who is available to answer technical questions. We'll keep this moving given the late hour.
- Sophie Marina
Person
Good evening. Sophie Marina on behalf of the Association of California Water Agencies with the support if amended position. Thank you.
- Thomas Umberg
Legislator
Jack Werson from Nossman on behalf of the Santa Clara Valley Water District in support. Thank you.
- Cody Boyles
Person
Cody Boyles on behalf of the Upper San Gabriel Valley Municipal Water District in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support, please approach microphone. Now turn to the opposition. If you're opposed to AB 1772, please come forward.
- Jerry Desmond
Person
Hi, Chair members and Assembly member, Jerry Desmond with Recreational Boaters of California. Our position is there are two of the intent provisions of the bill that right now, don't accomplish the objective. In fact, they're counter. First is that the intent of the measure is to look at alternative sources of funding for this wide, spread program that is being, set up. But the only, funding in the bill is more payment by recreational boaters.
- Jerry Desmond
Person
And the sticker program as proposed actually overlaps with the Department of Motor Vehicles program. If you have a a sailboat over eight feet, you'll get it registered at DMV. If your sailboat's eight feet or less, you'll now get a sticker from, DFW.
- Jerry Desmond
Person
You know, the the second part of the of our concerns is that, if we set up this program and get it up and running, the autonomy will still rest with the water agencies as it does today to have their own programs, but not to have any sharing of ability of a boater who gets decontaminated, pays for their own decontamination, gets a sticker or some kind of wire to guarantee that they have been decontaminated.
- Jerry Desmond
Person
The water agencies have the authority necessarily today to say, no, we're not gonna respect that.
- Jerry Desmond
Person
Written into the bill in the last committee is a guarantee that that program will be voluntary. So the nut of the bill that has value is the decontamination standard itself. That standard is, going to be developed, by the bill. It's also going to be developed by Department of Fish and Wildlife with some regulations that are coming out real soon.
- Jerry Desmond
Person
So, we see the nut of the bill of having value is that decontamination standard but another fee on the boaters, on the recreational boating community with another decal program, is quite problematic at this time.
- Jerry Desmond
Person
And, we are engaged in conversations with the author and proponents.
- Thomas Umberg
Legislator
Opposed unless amended. Alright. Thank you very much. Alright. Anyone else opposed?
- Thomas Umberg
Legislator
AB 1772. Now's a good time. Alright. Let's bring it back to committee questions by committee members. No golden muscle questions.
- Thomas Umberg
Legislator
All right. Is there a motion? Senator Cobiero moves the bill. Senator Papen, would you like to close?
- Diane Papan
Legislator
Respect the question, I vote. Thank you for the time this evening, Senator Omberg.
- Committee Secretary
This is file item 52, AB 1772. The motion is do passed to the Senate Appropriations Committee. Umberg.
- Committee Secretary
Caballero, Aye, Durazo. Aye. Durazo, Aye, Laird. Ray Reyes. Stern.
- Committee Secretary
Valadares. Wahab. Barbara Pearson, Weiner. That's four to zero with members missing.
- Thomas Umberg
Legislator
Four to zero. Put that on call. Thank you very much. Alright. I see Assemblymember Pellerin here.
- Gail Pellerin
Legislator
Yes. Indeed. And I think my witnesses are here. So thank you, Mister Chair and senators. I would first like to accept the committee's amendments and thank the committee's counsel for their collaboration on this bill, AB 1267.
- Gail Pellerin
Legislator
California, New Mexico, and Mississippi are the only states that have no minimum age to marry. Under existing California law, a child may marry or enter into a marriage or domestic partnership with parental consent and approval of a court. Research has shown that women who marry as children face lifelong consequences, including limited educational opportunities, lower economic mobility, and a greater risk for violence and unwanted pregnancies.
- Gail Pellerin
Legislator
Many organizations, including Human Rights Watch and the US State Department, consider marriage before age 18 to be a human rights abuse and a form of child abuse. California statute sets the age of a majority, meaning who is considered to be an adult, at 18 years old.
- Gail Pellerin
Legislator
Although California grants minors certain rights, the age of majority plays a crucial role in determining when individuals are granted certain rights and responsibilities, including the right to vote, enter into contracts, and make important legal decisions. Notably, the age of sexual consent in California is 18 without exception, meaning that any child who engages in sexual intercourse with a minor can be charged with statutory rape, unless that individual is the spouse of the minor.
- Gail Pellerin
Legislator
When a minor enters a marriage, a sexual relationship that would otherwise be illegal under California law is transformed into a legally recognized relationship. Even with judicial approval, child marriage can undermine statutory rape protections and has been documented as a tool used by abusers and traffickers to maintain control over minors. California must protect our kids and end child marriage once and for all.
- Gail Pellerin
Legislator
To achieve that, AB 1267 sets the minimum age for marriage at 18. With me today in support are Darcy Totten, the executive director of the California Commission on the Status of Women and Girls, and Christina Sutton, a survivor of child marriage. And for technical questions, we have Rosanna Carvacho. Elliott is here on behalf of Unchained At Last.
- Gail Pellerin
Legislator
However, before I turn over to my witnesses in support, I would like to give my joint author, Assemblymember Petrie-Norris, a warrior in this fight, an opportunity to say a few words about why this bill is important.
- Gail Pellerin
Legislator
Did you know I was calling you down? Okay. Just say a couple of things. Yeah.
- Cottie Petrie-Norris
Legislator
Alright. Well, good evening, senators. Good evening, Mister Chair. Appreciate the opportunity to speak briefly, in support of AB 1267. So proud to stand here with Assemblymember Pellerin as her joint author on this measure, something we've been working on together for many years.
- Cottie Petrie-Norris
Legislator
When I first learned that there was no minimum age for marriage in the state of California, I was shocked and horrified. This bill is an important step to ensure that we are protecting young women and girls across the state. In the Human Rights Commission considers marriage under the age of 18 to be a human rights abuse. And I think it's long past time that we end that abuse here in California.
- Cottie Petrie-Norris
Legislator
So thank you, Assembly Member Member Pellerin, for your leadership and your partnership, and, respectfully ask for your aye vote at the appropriate time.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Witnesses in support of AB 1267. Please approach the microphone. Two primary witnesses in support.
- Darcy Totten
Person
Good evening, Chair and committee. Thank you for the opportunity to speak tonight. I'm Darcy Totten. I serve as the executive director of the California Commission on the Status of Women and Girls. We are a proud cosponsor of AB 1267.
- Darcy Totten
Person
I wanna start with just the heart of the issue, which is that this is not a bill about teenagers having sex or babies or pregnancy. It's not even about preserving their bodily autonomy as some opposition has suggested. It's about marriage and their ability to enter into a really broad legal contract.
- Darcy Totten
Person
Historically, girls being married off before the age of 18 has been used as a mechanism for adults to evade accountability for statutory rape, domestic violence, human trafficking, and other gender based violence, acting as a legal shield for predators and for traffickers. Girls and child marriages are at particularly high risk of experiencing domestic violence, of homelessness, financial dependency, and other abuse.
- Darcy Totten
Person
These minors often end up becoming extremely reliant on their spouse, as they have limited autonomy to do things like hire their own lawyer, seek protective orders, or even stay in domestic violence shelters before they turn 18. In the case of pregnancy, which we hear about marriage is really not the solution, our data shows that the average age difference between, say, a 15 year old mother and the father of that child is about four to six years, with a significant portion of those fathers being legal adults.
- Darcy Totten
Person
For mothers under 15, the studies report that the average father's age is around 22. That's an even larger gap. With the age of consent being 18 years old, this legislation would align marriage to that existing law.
- Darcy Totten
Person
But what we're looking at here is that what the marriage does do in most of these cases is change the status of the adult male involved from rapist to husband, which is not a great approach to that. So as we said, it's not really about sex. It's about marriage. That's a legal contract. It confers about 1,138 federal statutory rights and a few 100 others state by state.
- Darcy Totten
Person
I'm a queer person who fought really hard for those rights, and I'm deeply familiar with why it matters. But I'm also very aware of the fact that a lot of those rights and responsibilities are not things we normally trust to children. Alright. Respectfully, we ask for your aye vote.
- Christina Sutton
Person
Good evening, Mister Chair and senators. My name is Christina Sutton. I live and work in San Francisco. Some frame child marriage as a choice driven by love. That framing sidesteps a hard truth.
- Christina Sutton
Person
Adults don't always act out of love, and parents don't always act in a child's best interest. AB 1267 would have protected me. I was 16 when a nearly 22 year old man began a sexual relationship with me within hours of meeting me. The legal term for that is statutory rape. Within months, I was faced with marrying him.
- Christina Sutton
Person
I had never wanted to date him. My parents were aware of this, yet they had he had their full support. When stuck between a rock and a hard place, California allowed me to be legally chained to that rock and they called it a marriage. To this day, I wish I had had just a few more months to turn 18 and legally remove myself from both situations. Would I have finished high school or attended college?
- Christina Sutton
Person
Instead, I felt like a commodity. I remember sitting in a judge's chambers in Napa and being asked point blank, Are you being forced to do this? Like most abused children, I chose lying to a judge over risking escalation at home. I repeated exactly what my parents had coached me to say. I am very mature for my age.
- Christina Sutton
Person
I am choosing this. I carried that revictimization for years, believing that by speaking those words, I had somehow chosen what I was forced to do. The failure of every adult around me is appalling. That the marriage was legal does not absolve California of responsibility. To vote against AB 1267 is to signal complicity in the abuse of children.
- Christina Sutton
Person
To vote for it is to give girls like me a real chance at a healthy future.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Thank you for testimony. Others in support of AB 1267, please approach microphone.
- Rosanna Carvacho Elliott
Person
Good good evening, Mister Chair and senators. Rosanna Carvacho Elliott here on behalf of one of the cosponsors, Unchained at Last, and happy to answer any, tactical questions. Thank you.
- Kelly Brooks
Person
And Kelly Brooks on behalf of the Board of Supervisors, Santa Clara County here in support.
- Roscoe Xiangyang
Person
Good evening, Mister Chair and senators. My name is Roscoe Xiangyang in support of the bill. Thank you.
- Sarah Tasnima
Person
Good evening, committee. My name is Sarah Tasnima, and I'm a survivor of forced child marriage, and I'm in support of this bill. Thank you.
- Amy Neil
Person
Amy Neil, member of the California commission, Coalition to End Child Marriage. Together, we will Albany Berkeley and, support of this bill. Thank you.
- Linda Hornada
Person
Linda Hornada, a member of the California Coalition End Child Marriage, and also on behalf of the AHA Foundation and Equity, Equality Now, here in support.
- Thomas Umberg
Legislator
Thank you. Alright. Those who opposed to AB 1267, please come forward. Going once, going twice. Alright.
- Thomas Umberg
Legislator
Let's bring it back committee. Questions by committee members. Questions or comments? Senator Wahab. We'll start with Senator Wahab, then Senator ... Okay. Weber Pierson. Okay.
- Aisha Wahab
Legislator
Thank you. First, I'm a proud co author of this bill. This has been a very long conversation that we've had. Literally four years ago, this was one of the first bills I brought to the legislature. And I remember a committee consultant telling me, what are you doing?
- Aisha Wahab
Legislator
And I said, I would like to ban marriages under the age of 18. And they said, oh, that happens a lot in your culture. Yeah. That's literally what was said to me in my own office. And I wanna highlight that this actually affects a lot of different communities of a lot of different religious groups throughout the state of California, let alone this nation and worldwide.
- Aisha Wahab
Legislator
Often times, and I will say largely the victims tend to be women and young girls. That's not to say that it's not boys at the same time. There were, you know, a lot of private conversations and meetings that stated that young girls will not have full autonomy. For example, if they would like a vaccine or something like that. The reality is that we don't allow children to buy cigarettes.
- Aisha Wahab
Legislator
We don't allow them to buy liquor. We don't allow them to own weapons. And yet, for some reason, it is completely acceptable to allow them to enter into a legal binding marriage to somebody that's a full grown adult. And I think that the commentary here by one of the witnesses is absolutely true. A lot of the victims of these types of marriages that we have seen and spoke to straight up said that it was statutory rape.
- Aisha Wahab
Legislator
And when that happens, the perpetrator, the rapist, is literally asking for the parent to, well, let me marry them and make things right. There's a lot of religious families and conservative families that believe that two wrongs don't make a right and, they wanna correct the first mistake. If there is potentially an offspring in that interaction, they also wanna make that right because of their beliefs and, you know, their moral, you know, guidance, if you will. This is a very common sense measure.
- Aisha Wahab
Legislator
If we do not allow somebody under the age of 25 to rent a car, somebody, you know, under the age of 21 to drink, tying them to a legal marriage is absolutely inappropriate.
- Aisha Wahab
Legislator
And to allow a perpetrator to find a loophole, a statutory rape loophole, is something that we have to correct. This is, I think, every single year there has been an attempt either from our side in the Senate or through the Assembly to ban this completely. And yes, I think that if we talk about it, we can highlight the fact that emancipated youth, as one of the witnesses said that they wish that they were 18 or had more rights, they can kind of speak for themselves.
- Aisha Wahab
Legislator
But I also wanna be clear, there's a lot of pressure from family members. Right?
- Aisha Wahab
Legislator
Taboo. If there was a rape, to have shame and to correct it and to blame the victim. And so this bill, again, is very common sense. Many, many other states throughout this nation have already done so, both red and blue states. I also wanna highlight that even in this committee, there's a lot of conversation of a lack of data.
- Aisha Wahab
Legislator
And even the data that was provided, that was, in my opinion, inaccurate. And, you know, we we had a bill that we had to get watered down, because this conversation was not brought up enough. And this is the process of the legislature in the building. We bring up an issue. We talk about it for a couple of years, especially if people feel like there's a lot of taboo or misunderstandings or misinformation or just, you know, discomfort in the conversation.
- Aisha Wahab
Legislator
So I really wanna commend my colleagues on the Assembly for continuously bringing this forward. I wanna thank even my own staff for constantly just pushing this. I wanna thank everybody that has supported the bill because, again, no person under the age of 18 should be able to marry an adult without full consent and without the full autonomy of their lives. And that's what we are talking about. So I respectfully do ask this committee for an aye vote and will move the bill when appropriate.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Other comments or questions? Yes. Senator Weber Pierson.
- Akilah Weber Pierson
Legislator
Thank you, Chair. I wanna thank the Assembly member for bringing this bill forward and for all of those who came to speak in support of this bill and for those who gave personal testimony. Thank you for opening up, something that is very personal to all of us.
- Akilah Weber Pierson
Legislator
I don't think anyone I don't think anyone up here, I can't speak for people on the outside, would agree that a 20 year old should marry a 14 year old, that a 30 year old should marry someone who is 15. That should not happen.
- Akilah Weber Pierson
Legislator
But we do give certain rights, as you alluded in your opening, to people who are under the age of 18 because we believe that they have the ability to make those life changing decisions somewhat like a contract on their own. A 13 year old can get on birth control without parental consent, with or without. A 16 year old could choose to terminate a pregnancy with or without parental consent. That is a could be a surgical procedure depending on how far along that patient is. But we give them that right.
- Akilah Weber Pierson
Legislator
A 17 year old could choose to keep their pregnancy, which is a lifelong contract for those of us who are parents understand that it's lifelong. And so I I think for me, one of the challenges that I have had in this conversation is that we do grant the ability for people at certain ages under 18 to make very significant decisions.
- Akilah Weber Pierson
Legislator
And so I find it interesting that at 17, I can have a child, but I cannot willingly marry the father of that child, even if he is 17 as well.
- Akilah Weber Pierson
Legislator
I was just looking that up. Other states have have younger than 18. But I think it's kind of, you know, if this were to go through, kind of ironic for California to say, yes, you can you can have sex on your own and choose whether your parents agree or not. You can get on birth control, terminate pregnancies, keep a pregnancy. But if you and your partner or whatever are the same age, 17, I'm sorry.
- Akilah Weber Pierson
Legislator
You have to wait. You can't choose on your own to get married. So I I applaud you for continuing to bring this this bill forward and raising this issue. I'm not sure where I am because it's just a just this blanket age. Of course, 12, 13, 14, even though we give them the right to to do other things with their bodies, which I completely agree with as a OB GYN that specializes in pedigine.
- Akilah Weber Pierson
Legislator
But it's it's just an interesting thing for me to say. At 17, you and your 17 year old boyfriend who are having a child, if you choose to, if you want to get married that you can't. But I thank you so much for bringing this both forward. Thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you. Other comments or questions? Seeing none, Senator Wahab has moved the bill. I have committed to vote Aye, and I will vote Aye.
- Thomas Umberg
Legislator
Although, I I take to heart some of the comments by Senator Weber Pearson that there may be some circumstances where you'd wanna think about any sort of amendments. So having said that, would you like to close?
- Gail Pellerin
Legislator
Yes. And, you know, I we also tell people you wait till the age of 18 to register to vote. You wait till the age of 21 to to be able to drink legally. So, you know, these are not unheard of kinds of milestones that people reach. And senators, this is one of those rare votes that future generations will look back on and wonder why it ever took us so long.
- Gail Pellerin
Legislator
Today, you could take a very important step. A step toward California finally saying children, children we're talking about, belong in schools and in homes, not in marriages. I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Minister Porter, please call the roll.
- Committee Secretary
This is file item number 54 AB 1267. The motion is do pass as amended to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye.
- Thomas Umberg
Legislator
80. We put that on call. Alright. Assemblymember Petrie Norris. So it was a good try there, though, Assemblymember Shavo.
- Cottie Petrie-Norris
Legislator
Assembly member Wilson, you worked for a crown in hopes I was gonna let her skip. It's not her actual birthday or maybe I would. Woah.
- Thomas Umberg
Legislator
Alright. So we we have a rule against actual fighting at the gate. So right. Okay.
- Cottie Petrie-Norris
Legislator
you. It is a a pleasure to join you this evening and present AB 2031. This bill protects Californians who own securities such as mutual funds, stocks, and bonds from premature transfer and liquidation of these investments under the state's unclaimed property program. Under current law, in order for investments to be turned over to the state, a process called escheatement, the owner of the investment must show no engagement with the investment for a period of three years.
- Cottie Petrie-Norris
Legislator
Importantly, the holder of that investment must not know the location of the owner.
- Cottie Petrie-Norris
Legislator
For years, the state relied on the what's called the returned to post office standard, which is a communications based framework to determine whether a holder knows an owner's location. When mail was returned to the post office as undeliverable, the holder was deemed to not know the location of the owner. The property was considered unclaimed, and at that point, the property was turned over to the state. Investments are then liquidated, converted to cash, and held by the state in perpetuity.
- Cottie Petrie-Norris
Legislator
Recently, however, California shifted the program policies during audits to a more aggressive inactivity standard.
- Cottie Petrie-Norris
Legislator
Under this standard, even if mail is being delivered without being returned to the post office, the state is able to transfer and liquidate the assets. This standard force forces the owner of the investment to affirmatively notify the state that they exist every three years or risk losing their investment, which does not sound reasonable. So AB 20301 codifies the returned to post office or RPO standard that is used in over 90% of American states.
- Cottie Petrie-Norris
Legislator
Under this standard, the successful delivery of mail demonstrates that a holder is deemed to know the owner's location, and the account is not taken. The bill further clarifies that systematic dividend activities, such as automatic dividend payouts or reinvestments, are also evidence of contact in order to prevent the investment accounts from being transferred to the state and liquidated.
- Cottie Petrie-Norris
Legislator
Because it is very common to adopt a buy and hold strategy for long term securities investments, and that spooners do not make regular contact, certainly not every three years. The bill clarifies the law to be consistent with consumer behavior in order to protect their assets, and the assets of our constituents. This policy prioritizes consumer protection, aligns California with a majority of the country, and is consistent with recommendations made by the Uniform Law Commission. Respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alright. Thank you very much. Supporters of AB 2031, please approach the microphone.
- Pat Joyce
Person
Thank you, Mister Chair and members. My name is Pat Joyce with KP Public Affairs. I'm here today representing the investment company Institute, the leading trade association representing the asset management industry. So their members include mutual funds, ETFs, other investment funds that you might that might make up your child's five twenty nine plan, IRA, or brokerage account. Thank the author for bringing this important measure forward to protect investors, provide certainty for holders, and clarify the proper application of California's unclaimed property laws.
- Pat Joyce
Person
Without this clarification, California law could be interpreted to allow securities to be deemed abandoned based solely on inactivity even where a holder continues to successfully communicate with the owner. Such interpretation would weaken the statutory requirement that a holder lacks knowledge of an owner's location before the property may sheet. It would also increase the likelihood that active investment accounts belonging to long term investors are transferred to the state despite the fact that the owner remains reachable and aware of the account.
- Pat Joyce
Person
AB 2031 appropriately rejects this outcome by reaffirming that knowledge of an owner's location is demonstrated through successful communications. This approach better protects investors, reduces the risk of unnecessary achievement, and aligns California laws with the approach reflected in the revised uniform unclaimed property act and followed by a majority of the states in the country.
- Pat Joyce
Person
Consequences of premature achievement can be significant. Once securities are transferred to the state, they are typically liquidated. Investors may not discover the transfer until years later after the value of the securities has appreciated substantially. In such circumstances, owners generally receive only the proceeds generated from liquidation of securities and may lose the opportunity to benefit from subsequent market appreciation, dividends, and long term compounding. By contrast, there is little risk associated with maintaining securities and accounts where the holder continues to know the the owner's location.
- Pat Joyce
Person
Federal securities laws and regulations require financial institutions to safeguard customer assets and maintain records relating to those accounts. When there is uncertainty about about whether an investor has truly lost contact with a financial institution, policy makers should exercise caution You before authorizing. And I will close and ask for your support.
- Thomas Umberg
Legislator
Thank you. Alright. Others who wish to urge an aye vote, please approach the microphone. AB 2,031, going once, going twice. Alright.
- Thomas Umberg
Legislator
Opposition, if you're opposed AB 2031, please approach the microphone. Seeing no one approach the microphone, let's bring it back. Committee questions, comments by committee members. Seeing no questions or comments, is there a motion? Senator Weber Pierson moves the bill.
- Cottie Petrie-Norris
Legislator
Thank you, Mister Chair. This is a common sense consumer protection measure, and I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Committee's supporter, please call the roll.
- Committee Secretary
This is file item number 58 AB 2031. The motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye.
- Thomas Umberg
Legislator
70. Put that on call. Oh, one one quick question. Would you're in dialogue with the controller's office. Will you continue to stay in dialogue with controllers?
- Cottie Petrie-Norris
Legislator
Yes. Absolutely. Alright. And look forward to her Continue. Thank you.
- Thomas Umberg
Legislator
Thank you. Alright. Alright. Next, we have Assemblymember Rubiel. You're deferring to look at you all.
- Thomas Umberg
Legislator
What what it it's her birthday. Okay. That's wow. You what a great birthday present.
- Thomas Umberg
Legislator
Yeah. That's that's about a two hour birthday present right there.
- Lori Wilson
Legislator
Thank you, Chair Umberg and Senators, and a special thank you to Assembly member Rubio. I'm pleased to present
- Lori Wilson
Legislator
Woah. And all the women who let me jump in front of them, Schiavo and Stefani, all of you all are amazing legislators and kind and generous. And I thank you for
- Lori Wilson
Legislator
I always note that I'm a strong supporter of, the high speed rail project because of the potential transformative value it can bring to the state by simultaneously, improving mobility and reducing greenhouse gas emissions. Now this project has faced many challenges, during construction, including lack of funding to complete the project, challenging acquiring right of way and moving utilities, and these challenges have resulted in project delays and unnecessary cost increases. Every dollar on this project counts.
- Lori Wilson
Legislator
At this time, we are completely reliant on state funding to deliver this significant infrastructure project. Therefore, independent effective oversight is critical to the success of any large infrastructure project and ensuring that every dollar is wisely spent.
- Lori Wilson
Legislator
That's why the legislature created the office of inspector general in 2022. And our, inspector general, also known as IG, has already proven, its value in the short time, this office has been in, operation. And so this office, this bill includes some language around transparency and accountability.
- Lori Wilson
Legislator
And, I'm excited that through this process, not only we were able to, come to a great place where we have one of our witnesses today, the First Amendment Coalition, testifying about the balance that we created with legitimate confidentiality needs and the public's right to know about government activities. But it was so successful we were able to get that into a budget trailer bill.
- Lori Wilson
Legislator
It has not been signed into law yet, and so I'd expect when it is signed into law that we will have a chance to amend our bill to adjust for that. But it is important that we keep the conversation going because there are still portions of my bill that were not included that are extremely important.
- Lori Wilson
Legislator
And that includes, our, provisions, needed to address the additional changes such as access to job classifications to hire staff with the qualifications it needs, or the contract authority to acquire specialized services in a timely manner. Right now, if they try to get something from the general services, it could take eighteen months. When you're providing oversight and accountability, that timeline needs to be move move up and they are an independent office and so you wanna be able to give, them what they need.
- Lori Wilson
Legislator
And so enacting these provisions will increase oversight of the high speed rail projects by allowing the inspector general to complete and publish in a more timely manner reviews and investigations of the project. So, I ask for your support for this bill as it improves transparency and oversight, and I'd like to bring up or note, have our two witnesses come. We have Bill, Ben Belknap, the inspector general, office of inspector general high general high speed rail, as well as Danny Kondo Kaiser representing the First Amendment Coalition. Oh. Alright. She had to go.
- Benjamin Belnap
Person
So go quickly. Good afternoon or good evening, Mister Chair, Members of the committee. I am Ben Belnap, inspector general for the California High Speed Rail. The passage of AB 168 will improve oversight of California's high speed rail project. There's two things in particular that AB 168 will do.
- Benjamin Belnap
Person
It'll give my office purchase authority. We desperately need it. It will also give me, my office access to higher level job classifications that other state agencies are using. Those two things will allow me to produce more timely, effective, investigations and reviews of the project. And for that, I ask for your support of of AB 1608.
- Jenny Leroux
Person
Perfect. Good evening. Jenny Leroux with the First Amendment Coalition. I'm very pleased to be able to stay and give this testimony myself, and thank you to the Chair.
- Jenny Leroux
Person
I'll be very brief, to not repeat everything the Assemblywoman said, but, we're a government transparency organization focused in California for four decades, and we were very pleased to be able to come on in support of AB 1608 because of the clear and strong public access protect protections that we work together on with stakeholders early on in the bill's life cycle.
- Jenny Leroux
Person
There are clear mandates when these reports come out to the public proactively, so you don't have to go hunting for them, and very narrowly tailored, you know, withholding provisions and many other features of the bill that we do call a model for a framework for how independent offices of inspector general can balance the public's right of access to government information when there are at times needs for confidentiality.
- Jenny Leroux
Person
So, we are very lucky to be able to work with engaged stakeholders like the assemblywoman, the Transportation Committee that it was in at first, and very happy to see that the language that we worked out is reflected in SB 169, the transportation budget trailer bill that I understand is advancing. So I'm happy to ask for an Aye for today. Thank you. Thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Others in support of AB 1608. In support. Alright.
- Thomas Umberg
Legislator
Now, we're gonna test the theory. If you're opposed AB 1608, please come forward going once, going twice. Apparently, that was correct. There's no opposition. Let's bring it back to committee for questions by committee Members.
- John Laird
Legislator
I really don't wanna bog us down, but I knew that there was the budget Yeah. Item. What will fall out of this bill if when that trailer bill is signed? Because it will be signed.
- Lori Wilson
Legislator
Right. So what will come out is everything related to on the budget trailer bill, it's SB 169. Section five includes all of the language around the reporting. The weak like, looking for, the ability to withhold, some portions of the report if weaknesses are identified for a certain period of time. It will talk about that mechanism.
- Lori Wilson
Legislator
And I believe there's one other section But it's maybe I'll look at the bin.
- John Laird
Legislator
To amend the bill to remove things that would be in law Oh. The governor signed it.
- Lori Wilson
Legislator
Right. Thank you. There are two provisions that would remain. And so those are the procurement authority, that would still remain in the bill as well as the ability to hire for hire, the ability to hire higher classifications. And so it would match what the current what the current other IGs have as well as our state auditor.
- Thomas Umberg
Legislator
Alright. Senator Laird has moved the bill. Are there questions or comments? Seeing no other questions or comments, would you like to close?
- Thomas Umberg
Legislator
6, 1. Alright. We'll put that on call. Thank you very much. Next, Senator excuse me.
- Thomas Umberg
Legislator
Okay. I'm not gonna say anything else. Alright. Alright. The floor is yours.
- Blanca Rubio
Legislator
Thank you, Mister Chair and Senators, for allowing me to present AB 839 relating to CEQA expedited judicial review for sustainable aviation fuel projects. AB 839 would add up to three sustainable aviation fuel or SAS projects to the list of infrastructure projects eligible for expedited judicial review under CEQA. California has made significant progress in reducing greenhouse gas emissions between 02/2022. Statewide emission declined by 20%, driven in large part by cleaner transportation transportation technologies and the increased use of renewable fuels.
- Blanca Rubio
Legislator
While electrification will continue to play a major role in reducing emissions, aviation remains one of the sectors where low carbon liquid fuels are essential.
- Blanca Rubio
Legislator
Commercial aviation accounts for roughly 2% of The US greenhouse emissions, and the industry has committed to achieving net zero emissions by 2050. Sustainable aviation fuel represents the most practical pathways to meeting that goal. SAF can reduce life cycle carbon emissions by up to 80% and particular matter emissions by up to 50% compared to conventional jet fuel. Despite its promise, SAF production remains limited.
- Blanca Rubio
Legislator
In California, potential producers have chosen to invest in neighboring states due to the lack of incentives, regulatory uncertainty, and concerns about project delays associated with CEQA review process.
- Blanca Rubio
Legislator
AB 839 helps address that challenge by providing greater certainty that qualifying staff projects projects projects will move through the environmental review and approval process with unnecessary lit litigation delays. By supporting in state SAF production, this bill advances California's climate goals and accelerates the transition away from conventional conventional jet fuel. With me today to testify in support is Kathy Van Osten and on behalf of United Airlines and Alberta, Turico, on behalf of Airlines for America. Thank you. Alright.
- Kathleen Van Osten
Person
Let me try to shorten this as much as I can. As as the Assembly Member referenced, SAF is really the only significant means we have as, in the airline industry to significantly reduce emissions. We don't have electric. Won't have that for probably three to four decades at a minimum. So the alternative fuels is just simply the only way that we have to go.
- Kathleen Van Osten
Person
And building this market in California, I've been working on this issue for twelve years. We're not that much closer. In fact, we've we're not much closer than we were twelve years ago at all. We've gone from about less than 20,000,000 gallons of fuel produced in 2023, 2024 to just over 100,000 gallons in '20 it was 2025. So we have a ways to go.
- Kathleen Van Osten
Person
The other thing I want to point out is that, you know, we were once the global leader. The there was a facility in Paramount. They were the first in the globe to produce SAF consistently. United was one of the first airlines to to fly on it domestically. This is a drop in fuel.
- Kathleen Van Osten
Person
This facility changed ownership. They went through an expansion process. They went through CEQA for that expansion process, and they made it through the CEQA process. The litigation basically shut that project down. They have not produced for over a year.
- Kathleen Van Osten
Person
The company has left the state. They don't produce in California anymore, and that facility is now up for auction. So this bill, you know, it is modest in three projects. It could effective it could include a refinery, a conversion of a refinery. It could include storage tanks at a airport.
- Kathleen Van Osten
Person
It's infrastructure. We desperately need this. This is one of the key building blocks to bringing a SAF market to California. We need incentives to bring SAF to California. We need infrastructure.
- Kathleen Van Osten
Person
And the airlines need this or we're not simply not gonna be able to reduce emissions.
- Alberto Torrico
Person
Good evening, Mister Chairman, Senators. First of all, quick update. I know you're an avid soccer fan. Mexico's winning two to nothing at halftime against the crowd.
- Thomas Umberg
Legislator
Thank you. How much is I can't make three people leave the dais.
- Alberto Torrico
Person
Okay. Also, respectfully, you're gonna ask for a Aye vote. Alberto Torrico on behalf of Airlines for America. Echo I wanna echo miss Van Osten's comments and just to say that the airlines, as kept as Van, miss Van Osten said, this is the best and fastest way to reduce emissions. We'll buy the airlines will buy up every drop of SAFT that's available.
- Alberto Torrico
Person
So if we can produce more, it's it's better for the environment, it's better for airlines. Respectfully asked for an Aye vote.
- Mike Belota
Person
Mister Chair and Members, Mike Belota on behalf of Delta in support.
- Mike West
Person
Mister Chair and Members, Mike West on behalf of the State Building and Construction Trades Council of California also in support.
- Damien Pajaro
Person
Damien Pajaro on behalf of the California Manufacturers and Technology Association. We're pleased to support the bill. Thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Now let's do the opposition. If you oppose to AB 839, it's a good time to come to the microphone. Thank you very much.
- Ada Waelder
Person
Good evening, Chair and Members. My name is Ada Wilder. I'm senior state legislative representative with Earthjustice here in respectful opposition to this bill. While aviation is a hard to decarbonize sector and electrification is a far off goal at this point, the production and transportation of staff does produce carcinogenic and toxic air pollution that we are extremely concerned about impacting, you know, community members who live near these facilities.
- Ada Waelder
Person
We are in opposition to this bill today because of the limiting of judicial review that we've seen to be critical and paramount in these projects, actually in the Paramount Project, which miss Van Osten brought up.
- Ada Waelder
Person
That project was under litigation, yes, but it's because ultimately a judge ruled that the project did not have adequate environmental review, and so they needed to go forth and find, you know, better alternatives to the environmental impacts of that project, which is located across the street from a school a high school and an elementary school, as well as adjacent to a neighborhood. So the judicial review components of this is not just costly red tape.
- Ada Waelder
Person
It's actually incredibly important and the only way for community members to have their voices heard. And these this industry is receiving support from state and federal tax credits. There's a a proposed governor's tax credit, you know, to to further support this industry.
- Ada Waelder
Person
The judicial streamlining component of this only cuts out community voices. So thank you very much for your time.
- Jakob Evans
Person
Good evening. Jacob Evans with Sierra, California, echoing Earthjustice's comments in opposition and registering opposition for California Environmental Voters, Californians Against Waste, three fifty Bay Area Action, and Leadership Council for Justice and Accountability.
- Rusko Kanyang
Person
Good evening, Chair and senators. My name is Rusko Kanyang in respect for opposition to this bill. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else in opposition? Seeing no one else coming forward, let's bring it back. Committee questions, comments by committee members. Seeing none, Senator Laird has one.
- John Laird
Legislator
I just it came up during the testimony, but my question in reading the analysis and everything was was basically, if this law had been into effect, would there have been any difference in some of the projects that didn't move ahead or move slower?
- Blanca Rubio
Legislator
I and I will ask my my, witnesses but to come up. But, what I can say, though, is because it was halted, we, the companies that wanted to invest in those projects couldn't because of the the the, you know, the judicial or I'm sorry, the CEQA halts, if you will.
- John Laird
Legislator
and through the Chair, Yes. Could you give us an instance where this law being into effect would have made a difference?
- Kathleen Van Osten
Person
Well, I think, you know, I'll go back to the Paramount facility. You know, there was intense litigation over that. And, you know, I think had there been, you know, a limit on that review, not necessarily.
- John Laird
Legislator
Because we have so many sequel exemptions that it's my take that some of them just make feel people feel better. I'm trying to understand that there's actually a basis that that that there was a project that stopped or died that wouldn't have if this were in effect? That this isn't just an aspirational thing. This is a specific thing that would have made a difference.
- Kathleen Van Osten
Person
I will tell you that, the Paramount facility, I cannot speak to the fact that this would have saved that project. I think it could have helped potentially. But I can't tell you. I don't know the case well enough, Senator. I would be misrepresenting.
- Kathleen Van Osten
Person
And I don't wanna do that. But I think this bill does point to the fact that we need some certainty, when you are looking to build in California as we all know.
- John Laird
Legislator
Excuse me for interrupting. I get Yeah. The notion of certainty. But is it certainty about something that's really needed? That's what I'm trying to get at.
- John Laird
Legislator
And it it it's and and I ask it on every CEQA bill Sure. So that it's not just something that's aspirational. Though I know that it's really making a difference and and I'm interpreting your answer as sorta.
- Kathleen Van Osten
Person
I wanna be cautious about giving you a certainty. I would be happy to go back and double check and make sure that I can review and answer that question correctly.
- John Laird
Legislator
No. I appreciate that. You've been doing this a long time and that's why you're honorable. We have to vote on this bill and and I just wanna know that that in fact there's a reason for this and it's not just in a long list of expedited.
- Blanca Rubio
Legislator
Yeah. Well, the the only thing that I do have, Senator, is the permanent facility. If CEQA litigation costs have resulted in the company, It the the cost and the the continued litigation, because you know that CEQA, litigation takes about ten years. They decided, not to produce anymore. Had they been at least some assurance that it was gonna get resolved sooner, they would have continued with that project, and they didn't because of the CEQA review.
- Blanca Rubio
Legislator
So that's one example of CEQA, hindering the project. And, you know and I know you you drive home. We fly home. I'm never going to fly in an electric plane, just so we're clear. And so for me, I want to make sure that we give some incentives to those folks. And the
- John Laird
Legislator
You just spoke out against one of the biggest industries in my district, and I would be remiss if I went home and did not tell you that they are very successfully doing small things, the equivalent of Cessnas, the equivalent of helicopters, electric, and it's completely working.
- Blanca Rubio
Legislator
Well, and that's the point. There is no route for from here to Ontario Yeah.
- Blanca Rubio
Legislator
But if you approve this bill, there will be with the sustainable
- Thomas Umberg
Legislator
I'm definitely losing control. We appreciate that advertising.
- John Laird
Legislator
But I really appreciate the fact that you thought you had control.
- Thomas Umberg
Legislator
You know, we got along much better when Senator Laird was back in the back watching. So right. Alright. So go ahead. No.
- Blanca Rubio
Legislator
You know, I think this is an important issue that to deal with, the environment environmental impacts of jet fuel, and I respectfully ask for a Aye vote.
- Thomas Umberg
Legislator
Alright. Thank you very much. There's a motion. Senator Ashby has moved the bill. Alright.
- Committee Secretary
This is file item number 60 AB839. The motion is due passed to the Senate Appropriations Committee. [Roll Call] Thank you. 7, 0.
- Thomas Umberg
Legislator
7, 0. We're gonna put that on call. Alright. Assemblymember Sciavo.
- Pilar Schiavo
Legislator
Thank you, Mister Chair and Members. I am time and time and again, the small business owners I meet tell me the same thing, that they are constantly flooded with texts and phone calls from financing companies, pushing fast cash and predatory terms. As a former small business owner, I know firsthand the entrepreneurs need access to capital, but it should be fair and transparent and subject to basic oversight. Over the past several years, the legislature has six important laws that protect small businesses seeking financing.
- Pilar Schiavo
Legislator
Yet, most of those protections have not ever been enforced because certain categories, financing companies continue to operate in the shadows outside the reach of Oversight.
- Pilar Schiavo
Legislator
Business loans are overseen by the Department of Financial Protection and Innovation or DFPI. But companies offering other financing products that are not considered loans operate with no oversight. Because of that distinction, these companies evade any oversight from DFPI and don't require a license. Our state requires hairdressers or notaries to have a license. Child care providers must be licensed.
- Pilar Schiavo
Legislator
That regulatory gap allows bad actors to operate without accountability, undermining responsible lenders, and leaving California small businesses vulnerable. This committee recognized that problem before, passing prior versions of this bill three separate times with bipartisan support. Unfortunately, each time it has been stalled in appropriations. Meanwhile, states like Virginia, Texas, Missouri, Connecticut, and Vermont have already established oversight that California still lacks. This bill is different in three important ways from predecessor bills.
- Pilar Schiavo
Legislator
First, it reflects significant compromises with stakeholders. Second, it gained new industry support from organizations that previously opposed the measure. And third, it has received formal technical assistance from DFPI to address some of the concerns that prevented earlier versions from moving forward. We have worked very, very hard. And I have to give a shout out to my staff who, Ravi, has been working very, very hard with the opposition, and have taken nearly every single one of their amendments, that are incorporated into this bill.
- Pilar Schiavo
Legislator
As reflected in the committee analysis, we're accepting additional amendments to continue these good faith efforts to address outstanding concerns with stakeholders. This bill creates a fair level playing field while protecting entrepreneurs who drive our economy. One of the childcare providers from Los Angeles got one of these, financial products, needed help coming out of COVID to sustain her business while she was still recovering, and ended up with a 235% interest rate, which I didn't even know was possible.
- Pilar Schiavo
Legislator
So we have to make sure we have some guardrails around these products while allowing businesses to have access to the the dollars that they need. Today, I have Louis Peck Kadicks responsible from Responsible Business Lending Coalition as a witness and also Heidi Pickman with Cameo representing small business small businesses throughout California to help provide testimony on the bill.
- Louis Peck
Person
Thank you very much. Assemblywoman, I will be brief. Honorable Members, my name is Louis Kitz Peck. I'm the Executive Director of the Responsible Business Lending Coalition. The coalition and our members represent over a thousand organizations that are small business groups, for profit lenders to small businesses, and nonprofits that work with small businesses, and we respectfully request your support.
- Louis Peck
Person
To summarize why, I'll quote an article, from the trade press for the financing companies that this bill would cover. Here's the kicker, the newspaper wrote. If this bill becomes law, no more flying under the radar. So what's flying under the radar today? A fast growing industry of what the Federal Reserve has called higher cost, less transparent credit products.
- Louis Peck
Person
This legislature has passed six laws to address that part of the market, and those laws, as far as we know, have never been enforced. Why have they never been enforced? Because it's very difficult for DFPI to even know who these companies are and help people if they have been victimized because they are falling into this regulatory gap.
- Louis Peck
Person
The Assemblywoman's bill would create a level playing field between loans that are already subject to oversight and these sorts of products that are not considered loans that are thus evading this requirement for oversight that we've had on the books forever or I should say for for for decades. And that's that closing that gap is good for small businesses.
- Louis Peck
Person
It's good for the economy, and it's good for financing companies that want to see our market cleaned up. Thank you for passing, excuse me, passing forward versions of this bill three times before. And thank you to the financing companies previously in opposition that have flipped to support. And thank you to Assemblywoman Schiavo for finding so much common ground among all stakeholders.
- Heidi Pickman
Person
Chairman Umberg, Vice Chair Niello, and committee Members, Heidi Pickman with Cameo Network, an association of more than 400 non profit small business coaching organizations and community lenders and a proud sponsor of AB 2116. This past year, when meeting with our business coaches and lenders, they bring up merchant cash advances unprompted. The examples are becoming all too common. And in the spirit of being brief, I'll just offer one and Chair, in your district.
- Heidi Pickman
Person
Fullerton Logistics Company, as, one of our coaches helped a Fullerton Logistics Company that took out $310,000 in merchant cash advance financing with total payments of $29,000 per month.
- Heidi Pickman
Person
They were able to help them refinance that to bring those payments down to $9,000 a month for a more appropriate seven year term. Unfortunately, many small businesses are not able to be helped and go bankrupt. The predatory behavior has become so bad that we hear former industry opposition to this bill have arrived at a support position, and we thankfully respect we thankfully and respectfully ask for your advice. Thank you.
- Danielle Kando-Kaiser
Person
Good evening, Chair and Members. Danny Kando-Kaiser here on behalf of proud cosponsors California Low Income Consumer Coalition, as well as here in support for Center for Responsible Lending and Pacific Community Ventures. Thank you.
- Robert Herrell
Person
Good evening, Mister Chair and Members. Robert Harrell, Executive Director of the Consumer Federation of California in strong support. Thank you.
- Asulie Kenyatta
Person
How you doing? Good evening, Chair and Members. Asulie Kenyatta from Small Business Majority, proud co sponsor of this bill, and strong support. Thank you.
- Chris Rosa
Person
Good evening. Chris Rosa on behalf of two commercial financing providers, Capitis and Rapid Finance in support.
- Thomas Umberg
Legislator
Alright. Let's do the opposition. If you're opposed to AB 2116, please come forward.
- Carolyn Veal-Hunter
Person
Good evening, Chairman Unberg and members of the committee. Thank you for the opportunity this evening. My name is Carolyn Veal-Hunter of Stoltigan Jensen and Associates on behalf of the Revenue Based Finance Coalition, an organization of responsible providers of revenue based financing to small and medium sized businesses. We appreciate the author's work on this bill and the committee's engagement.
- Carolyn Veal-Hunter
Person
In fact, the author has addressed many of our concerns as we've moved this bill through the process, addressing the disclosure issues that since passage out of the Senate Banking and Finance Committee.
- Carolyn Veal-Hunter
Person
Our remaining concern centers around subdivision C of section 22659, which provides that any commercial financing transactions found unconscionable under civil code section sixteen seventy point five is automatically deemed a violation of the California financing law. We wanna be clear. Civil code section 1670.5 already applies to commercial contracts and already allows a business owner to raise unconscionability as a defense in court. Nothing in current law prevents a court from refusing to enforce an unconscionable agreement.
- Carolyn Veal-Hunter
Person
It converts a judicial contract doctrine into a statutory regulatory violation carrying CFL remedies and enforcement consequences. The challenge is that unconscionability is intentionally spec fact specific. There is no bright line rule that tells a provider what pricing, terms, or structure will be deemed unconscionable by a court. As a result, responsible providers are attempting to comply with the law with with law that will face significant uncertainty, particularly providers of short term and medium and and revenue based financing for medium sized businesses.
- Carolyn Veal-Hunter
Person
We are concerned that this provision may discourage responsible providers from serving higher risk small businesses that have limited financing options.
- Carolyn Veal-Hunter
Person
We respectfully ask the committee to consider whether existing unconscionability protections are sufficient or whether additional guidelines should be added to provide greater clarity before finding of a finding of unconscionability automatically becomes a California financing law violation. Thank you for your consideration.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Alright. Others opposed to AB 2116. Please approach microphone.
- Thomas Umberg
Legislator
Seeing no one approaching, let's bring it back to committee for questions and comments. Questions and comments? Seeing none, is there a motion? Senator Laird has moved the bill. Alright.
- Pilar Schiavo
Legislator
Thank you so much. Appreciate the short conversation. And with that, respectfully request an Aye.
- Committee Secretary
This is file item number 61, AB 2,116. The motion is due pass as amended to the Senate Appropriations Committee. [Roll Call] 8, 0.
- Thomas Umberg
Legislator
8, 0. Alright. We'll put that on call. Thank you very much. And I see Assemblymember Haney here, much to the chagrin of Members who've been here for some time.
- Matt Haney
Legislator
Yes. This is AB1720. Alright. Thank you, Mister Chair and Members. This is the California Fans First Act, which will protect fans from excessive ticket price gouging by capping resale prices at no more than 10% above face value, including fees for concerts and other live entertainment events at independent venues.
- Matt Haney
Legislator
California is the number one state for live events in the nation, and these events generate billions in economic activity, support hundreds of thousands of jobs, and bring culture, community, and connection to our state. For decades, fans could access events in a really simple way. They would line up at the box office and buy tickets for some of the biggest acts for reasonable prices or at their local community theater for their favorite artist. But the shift to online sales has fundamentally changed the system.
- Matt Haney
Legislator
Ticket scalping has become a highly profitable industrialized scheme that is pricing fans out of the market.
- Matt Haney
Legislator
If what's happening online today happened in person, I would absolutely be absolutely unacceptable in some cases in many cases, already illegal. Imagine if you were, to show up to the box office and the person at the front of the line bought up a large number, maybe even all, of the remaining tickets at a reasonable price, and then immediately started going down the line and selling their ticket for five or six times the price they actually paid.
- Matt Haney
Legislator
We would never tolerate that, but that is exactly what is happening today. Professional scalpers purchase large volumes of tickets the moment they go on sale with no intention of actually attending the event and immediately list them on secondary platforms. As a result, over 90% of resale tickets are sold by these professional scalpers, and fans are paying on average over 200% above face value for tickets on the secondary market.
- Matt Haney
Legislator
We are seeing this everywhere from major arenas to local theaters. In San Francisco, we just hosted Sam Smith for a 20 show residency at the Castro Theater. Tickets were sold at face value for general admission of a $120. That was to make sure they were accessible to actual fans. But instead, they were immediately purchased, nearly all of them, as soon as they went on sale, and you could buy them on resale platforms for 600 or $700.
- Matt Haney
Legislator
That that difference does not go to artists, venues, or workers. It goes directly into the pockets of professional scalpers, many of whom are out of state, who contribute nothing to the live event ecosystem. They don't build venues, they don't employ workers, and they do not create art, yet they are extracting profit directly from fans. We know that we must address the powerful monopoly of Live Nation and Ticketmaster.
- Matt Haney
Legislator
That is happening today, right now, through the remedies phase of the lawsuit that our attorney general with 33 other states won against Live Nation.
- Matt Haney
Legislator
But I want to emphasize that this bill does not impede on that remedies phase at all. The amendments taken in Assembly Appropriations Committee make it so that this bill only applies to small independent venues that are under 3,000 capacity that are not owned by a major corporation. That explicitly cuts out any Live Nation venues and does not make them subject to this bill at all.
- Matt Haney
Legislator
A key conclusion from the Assembly Privacy Committee's informational hearing on ticketing was that the current ongoing efforts to break up Live Nation are separate from reforming the secondary market and both can coexist. We have the opportunity to address both sides of the ticketing ecosystem at the same time.
- Matt Haney
Legislator
The DOJ case is breaking up the monopoly over the primary market, and this bill will end the price gouging happening on the secondary market. We have to support these independent venues and theaters that are sponsoring and supporting this bill, and this bill will only apply to them.
- Matt Haney
Legislator
If we wanna challenge the monopoly, let's support their real competitors, which is the which are these inter independent venues and also support the fans who simply wanna buy tickets to go to a show, not get price gouged by speculators who are taking advantage of the system. With me to testify in support of the bill are Jim Cornett, owner and operator of Harlow's and the and president of the California Capital Venues Coalition, and Alex Torres on behalf of the National Independent Venues Association.
- Jim Cornett
Person
Good evening. My name is Jim Cornette, owner of Harlows, The Starly Room and Cafe Colonial here in Sacramento. I also serve as executive director of the California Capital Venues Coalition, which brings together Sacramento's independent venues, promoters, festivals, and creative business to grow our local creative economy. Our coalition doesn't just advocate. We produce pops in the park.
- Jim Cornett
Person
We also partner with the Sacramento County Airport to bring live music into our terminals and work every day to create opportunities for artists, hospitality workers, restaurants, hotels, and local business throughout our region. So let me be very clear, we are not a monopoly. No one has spent more time competing against Live Nation than the independent venue owner supporting this bill. Many of the same owners came before this legislature during COVID asking you to save our industry throughout the California grants program.
- Jim Cornett
Person
We testified about liens on our homes, mortgages tied to our businesses, and the possibility of losing the culture institution that define our communities.
- Jim Cornett
Person
Today, we're back asking you to protect those same independent businesses. We've heard over and over that this bill somehow helps Live Nation and Ticketmaster. It does not. If that were true, why would our organization representing more than 650 venues, promoters, and festivals, the very business that compete against Live Nation be standing here as a cosponsor asking for your support? We wouldn't.
- Jim Cornett
Person
Breaking up a monopoly promotes competition. A resale cap protects fans from excessive speculation. Please listen to California's independent venues, artists, creative unions, and actual fans, not the speculative resale platforms that profit from our shows while our fans pay the price and our business take the and their business take the blame. There is so much mislead misleading spin from these tech platforms. I urge you to listen to small businesses begging you for these protections.
- Jim Cornett
Person
Not the groups that have been funded by the secondary market and their lobbyists.
- Alex Torres
Person
Mister Chair and Members, Alex Torres here on behalf of National Independent Venue Association, the California chapter. As Mister Cornett said, we represent over 650 venues, promoters, festivals in California. This is not an insignificant number of consumers we can speak for here today to protect fans from excessive price gouging. Our venues host our members host more than 10,400 shows a year, serving nearly 24,000,000 fans annually. But when something goes wrong, they talk to our owner operators at the rope line.
- Alex Torres
Person
Our rope line operators are the first line of defense when it comes to, speaking to a fan that has been defrauded or been gouged or been sold a fake ticket. We are not billion dollar corporations as Mister Cornett said. We are small businesses that barely survive Covid, thanks to the legislature and the California Venues Grant Program, which explicitly excludes corporate owned entities from that grant from the those critical funds.
- Alex Torres
Person
And again, today, we are asking for your help because on one side, we compete with that very corporate monopoly. On the other side, we compete with a $20,000,000,000 speculative ticketing ticket and ticket scalping industry that, emphasis that specializes in taking our inventory or better yet diverting our fans away from our websites, away from our primary box offices, and onto their websites where they buy tickets for two or three, four times face value.
- Alex Torres
Person
Just hours ago, the District of Columbia, council unanimously passed a resale price cap and speculative ticketing ban. The same arguments you are likely hit or day were made there. The same playbook. The same messaging. Despite a well funded campaign, lawmakers looked past that and stood with consumers, artists, and independent venues.
- Alex Torres
Person
And I would quickly note, this is not unique to, a couple states. The there is a Senate oversight committee that reviewed this issue and ranking member Blumenthal put out a report, an extensive report, one of the most exhaustive reviews of the industry. This is a Senator that was uniquely involved in the antitrust action, followed it extremely closely and the policy conclusion of that report written by the minority party was that there should be a statutory price cap, resale price cap, that Congressional Congress should advance.
- Joe Rinaldi
Person
Joe Rinaldi in on behalf of Music Box San Diego and the Fan Alliance in strong support.
- Randy Nichols
Person
Randy Nichols, National Independent Talent Organization, strong support.
- Jordan Curley
Person
Jordan Curley on behalf of the Music Artist Coalition in strong support.
- Josh Lieberman
Person
Josh Lieberman on behalf of the San Francisco Venue Coalition in strong support. Thank you.
- Thomas Umberg
Legislator
Others in support of AB 1720, please come forward. Alright. Opposition. If there's opposition to AB 1720, now is a good time to come forward.
- Delilah Clay
Person
Good evening, Mister Chair and Members. Delilah Clay on behalf of the California Live Events Equity Alliance, which is a consumer facing organization made up of fans and equity groups across the state, and we respectfully oppose AB 1720. We appreciate the author's goal of trying to focus on ticket affordability. However, CLIA believes addressing broader marketplace concerns and increasing competition for ticket sales is the most effective way to decrease prices.
- Delilah Clay
Person
The resale or secondary market only represents about nine to 10% of overall ticket sales globally, while the primary ticketing market is dominated by one company.
- Delilah Clay
Person
Ticketmaster was just determined to be a monopoly in a suit led by California's attorney general. Ticketmaster also represents about 30% of the secondary market. Because of this massive consolidation, AB 1720 \will only further solidify that monopoly by jumping ahead of
- Delilah Clay
Person
the remedies phase of the law firm. Solidify that monopoly. By jumping ahead of the remedies phase of the lawsuit, instituting price caps will cripple ticket Ticketmaster's competition on the precipice of the company being potentially broken up. The fact is skyrocketing costs in the primary and secondary markets ultimately keep real fans from being able to experience the joy of attending a show. But price caps don't curb consumer demand.
- Delilah Clay
Person
They just push ticket selling activity underground where consumers have a higher likelihood of being scammed. In Ireland, we've seen both of these dynamics when price cap laws went into effect. Major secondary marketplaces disappeared, Ticketmaster's market share is now well over 95%, and ticket fraud has increased dramatically.
- Delilah Clay
Person
Further, a v '17 twenty's piecemeal application and the lack of data interoperability between the platforms will make it extremely confusing for consumers to know which events are subject to price caps and whether they are, in fact, paying their appropriate amount for a ticket. We need more competition, more transparency, and safer ways to buy and sell tickets.
- Robert Herrell
Person
Good evening, Mister Chair and Members. Robert Harrell, executive director of the Consumer Federation California. As the hour is late, I'll try to be brief and make, just a few quick points about the problems with this bill. And, Mister vice Chair, I'd I'd tease this, testimony when you and Mister Laird were the only members in the committee a few hours ago. Problem number one, and I'd like to indirectly answer the question, how does this help the monopoly?
- Robert Herrell
Person
I'm not suggesting that the author or the sponsor are consciously trying to help the monopoly. But when you think about a marketplace, they they they represent the monopoly represents hundreds of artists directly. They own many venues and the venues many of the venues that they don't own, they lock up in exclusive contracts so they can't get out of. Again, some of the independent folks try to use different ticketing primary ticketing services. They also are the biggest player in the secondary market.
- Robert Herrell
Person
And that's where this comes in. So if you put a price cap, and I'm very familiar with the chair's historic, adherence to not liking price caps in any industry, even occasionally at my disagreement, I would just remind him of that, that those price caps are set at such a level that what they wind up doing is reducing the competition in the secondary market, which is the goal for monopoly. I'm not saying that's the author sponsor's objective, but that is what you're going to see.
- Robert Herrell
Person
Secondly, it's been mentioned about the lawsuit. We've been saying for years that Live Nation Ticketmaster is a monopoly that's now proven in court.
- Robert Herrell
Person
Now, early next year, we get to remedies. They could be broken up a LA Ma Bell. There could be other things to help consumers trouble. Damages could kick in. All themes that have been talked about in other bills earlier today.
- Robert Herrell
Person
The other there's another logistical problem here, which is what's face value? No one really knows anymore what's face value is. Between dynamic pricing, VIP presales, fan club presales, and all the other things. Face value is increasingly hard to determine. And who determines face value originally?
- Robert Herrell
Person
The original ticket seller, which more often than not in this marketplace is the monopoly. So this bill has a number of problems unlike the No. Earlier, vote no.
- Thomas Umberg
Legislator
Alright. Thanks. Anyone else opposed to AB 1720, please come forward?
- Jasmine Vai
Person
Good evening. Jasmine Vai on behalf of SeatGeek and TickPick in opposition. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else in opposition? Please come forward. Seeing no one else coming forward, let's bring it back committee for questions and comments. Questions and comments.
- Angelique Ashby
Legislator
You heard from some of the folks from my community here. These are small venues. Harlow doesn't care what Ticketmaster's doing. Harlow's is trying to do what they've been doing for decades in Sacramento, which is show up for Sacramentans. And I wanna do everything that I can to help you and support you and all of the other venues in Sacramento that are, fighting and and and thriving, I would like to say, in this region and providing a a very important part of our creative economy.
- Angelique Ashby
Legislator
Is this 1720 a full package solution to everything going on with ticket resale? Nope. But is it gonna help some of the small venues do better? Yes, it is. And therefore, it's an aye vote from me.
- Akilah Weber Pierson
Legislator
Thank you, Chair. Would like for you to address the the opposition's discussion around the monopoly that this bill could potentially cause.
- Matt Haney
Legislator
Sure. Well, again, this bill is sponsored and supported by the folks who have stood up and fought against the monopoly more than anyone else. These are the independent venues that are not owned by Live Nation. The other part of the market that are trying to operate venues successfully and and actually compete actively with Live Nation owned venues in Ticketmaster.
- Matt Haney
Legislator
And what they're saying is, it's impossible for them to do that if they're both fighting a monopoly in the primary market and then also getting fleeced by speculators in the secondary market.
- Matt Haney
Legislator
When they put tickets on sale, those tickets are taken off the market by brokers and scalpers who then go and make a huge amount of profit, none of which goes to the venue, none of which goes to the artists, and all of which is being taken out at a at a higher price from the pockets of fans. That means less folks who are coming into the theater on a regular basis. What these venues wanna do is they wanna get people inside their theater.
- Matt Haney
Legislator
They're even let more interested in that than that than selling every single ticket. Because sometimes what happens is they sell every single ticket at a lower price.
- Matt Haney
Legislator
That's bought up by folks who want to then speculate off that price. They put the price at $50 because they want people to be able to come in the venue. Some folks come and go, you know what? I bet you we can get 200 or $300 for that. So they buy as many as they can and then sell them on secondary platforms.
- Matt Haney
Legislator
That is taking money away from these venues, from concessions, from the workers, from the activity, bringing them into the theater, and it's hurting them, but it's also hurting fans because, we are the ones who are paying more, and it's and it's and it's increasing the prices everywhere. That's making it harder for them to succeed in competing against the monopoly.
- Matt Haney
Legislator
I haven't none of none of the they they the the the big secondary platforms, which are massive massive businesses and the organizations that they fund, wanna make this about Ticketmaster Live Nation. This is about the independent venues. There's the only folks who this applies to, and they \are the competitors, to Live Nation and Ticketmaster, and they're saying they desperately need this.
- Matt Haney
Legislator
So, you know, there's nothing about this that would, in any way, strengthen the the the folks with Live Nation Ticketmaster. It is about strengthening these independent venues and providing more access for fans to be able to actually actually see a show. If you wanna go to a see a show, you should buy a ticket and intend to go. If you can't make it, then you can you can sell it still.
- Matt Haney
Legislator
You can list it at up to 10% more than you paid for it, but it shouldn't be treated like a speculative gambling market where these independent venues have done the work, who've who've employed folks who who have artists coming in, are being taken advantage of because folks come in who don't wanna go to the show and just wanna use that, that art as an opportunity to gamble and speculate, because they think they can buy low and sell high.
- Matt Haney
Legislator
That's what we have right now, and it's hurting, it's hurting fans, first and foremost, but it is also hurting independent venues who are competing with Ticketmaster and Live Nation and hurting artists. And that's why they're behind this bill.
- Akilah Weber Pierson
Legislator
Thank you. So your assertion is that this bill would only impact those who have no affiliation whatsoever with Live Nation or Ticketmaster?
- Matt Haney
Legislator
That's that's exactly what this bill does now. It only applies to venues that are 3,000 or or less and are not corporate owned. So that is and they are fully behind this bill. And and they are also if you wanna talk about competitors to to Ticketmaster Live Nation, it's the independent venues. The secondary platforms wanna somehow convince, folks that they're the competitors to Live Nation Ticketmaster.
- Matt Haney
Legislator
I wish they were. I wish they got into the primary, ticket selling market. But they purchase they as we heard in the last committee, they feed off of the Ticketmaster ecosystem. They buy the tickets. They're they're a purchaser from Ticketmaster Live Nation, and then they bump up the price and then we pay more.
- Matt Haney
Legislator
And at the same time that these secondary platforms have ballooned and become massive billion dollar companies, Ticketmaster has become a a monopoly. So how can we possibly just look at what has happened. If they were gonna compete with with with, with Ticketmaster, they're not doing it. In fact, they've , side by side, become massive, companies, in one case, a monopoly, at the same time that our venues, artists, and and fans have suffered.
- Matt Haney
Legislator
I I don't know if they're supporting the bill. Apparently, they put in a letter in the prior version of the bill. They they want resale caps on them as well. And I actually think they should have resale caps as well. But they have nothing to do with this bill.
- Matt Haney
Legislator
They've never had anything to do with this bill. And I haven't seen them show up or say anything since they were excluded from the bill entirely. The earlier version that included them, they had put out a statement saying they supported it, but they never had anything to do with this bill. And I think it has to do with some of the the the fighting between the them and Thubhub and all that.
- Matt Haney
Legislator
But, honestly, they would be subject to those caps as well in the prior version of the bill, but I haven't heard them say anything about the bill since they were excluded from the bill entirely.
- Akilah Weber Pierson
Legislator
Okay. Could share a few indulgent. I know it's late. Could I ask the opposition the same question? Sure.
- Robert Herrell
Person
Thank you, Senator. The Live Nation Ticketmaster monopoly supported this bill, and I have no reason to believe that they don't still support the bill. And they have been running a version of price cap legislation in as many of the 50 states as they possibly can. So I don't want the committee to be misled into thinking that this is some sort of one off thing. This is a multi state playbook that is happening.
- Robert Herrell
Person
Now, I wanna be clear. I'm I'm making an important distinction here between some of these independent venues. But, by the way, the with all due respect to the author who I I like a lot and we've worked with on a number of issues, this says nothing about if you are a small venue and you have an exclusive contract, channel twenty four just opened in Midtown here. They have an exclusive contract that's a 2,000 seat venue in Sacramento. They have exclusive contract with the monopoly.
- Robert Herrell
Person
And that's what they do. Right? And I'm not blaming that venue, but the monopoly wants that exclusive contract because it locks you in. And as the lawsuit against the monopoly showed that the feds get kind of gave up on and the states took over and won, If you dare think about another ticketer, they will blackball you. That is not me saying that.
- Robert Herrell
Person
That is literally in the federal DOJ complaint that was filed during the Biden administration and continued until they did a poor settlement with the Trump administration. So I just I wanna try to be as comprehensive in that answer as possible, Senator. I thank you for the question.
- Akilah Weber Pierson
Legislator
Thank you. So again, Assemblymember Haney, are you stating that this bill would only apply to those who are independent with no ties to Ticketmaster or Live Nation. Meaning, no contracts with them. They're
- Matt Haney
Legislator
It it it it Live Nation Ticketmaster also owns venues. They would not be covered under this. Whether some have a contract with Live Nation for to or with with Ticketmaster to provide some ticket sale aspect of it, that they they could potentially still some do, some don't. But the the the issue of Live Nation owned venues and the and the role that they play in dominating in terms of monopoly, they would be excluded completely from this.
- Matt Haney
Legislator
Those were amendments that were taken in the Assembly Appropriations Committee.
- Matt Haney
Legislator
To be clear, I think this should apply to big venues, small venues. The ticket sale cap, it if you see it in big theaters, you see it in Taylor Swift, you see it in in every single type of event in our state where the speculators and the brokers come in and buy as many as they can, and they and then sell them with a huge markup by creating scarcity. That is a huge problem in in Live Nation owned and Ticketmaster and all that.
- Matt Haney
Legislator
This bill now just applies to these venues who are trying to compete with Live Nation owned venues, and trying to make sure that they cannot get screwed up screwed on both sides. And they're they're they're the ones who are who are asking for this.
- Matt Haney
Legislator
And just, you know, to say that this is a Ticketmaster bill, this is, again, brought by the independent venues and brought by the the artists. And and and if you look at any polls, it polls at 90%. I mean, this is a a huge problem that is happening at every single live event in our state.
- Matt Haney
Legislator
And, you know, and and and I I I think that if we wanna address it, we have to address both of both aspects of it, and there's a very, very heavily funded opposition to this that has spent almost more money than any other interest group over the last few months against these two bills, who are trying to change the subject, when in reality, we have to address both. They they they are not they are not in competition.
- Matt Haney
Legislator
We actually have to address both what is happening in the primary and the way that the secondary market and the brokers and the scalpers are are taking advantage. If the if the ticket prices go down in the primary market because we break up the monopoly, great. Well, then, if we still leave the secondary market as is, it'll just make make it even more profitable for folks to come in and buy as many as they can and sell it to us for more.
- Henry Stern
Legislator
Yeah. One thing you said just gave me pause. Just that that that those larger venues are exempt from the price cap. I'm wondering if I can ask the consumer fed, just a quick question on that in the in the other, you said it's a multi state playbook. Is there Let's do one question at a time. Yeah.
- Henry Stern
Legislator
So okay. So in the in the on the price cap, the the allegation you're saying is a multi state approach to the others have this sort of independent venue carve out or is this a sort of unique dimension to how Yep. Mister Haney's bills?
- Robert Herrell
Person
From memory, Senator, and thank you very much for the question. I feel like Vermont may have gone down this road with a smaller venue situation, but the the notion of trying to introduce as many price cap, resale price cap. Again, it's not on the initial ticket seller, right, which has dominated 80% market share for the monopoly in the primary ticket market, and they're the biggest player in the secondary market.
- Robert Herrell
Person
My focus and I just wanna be clear because the implication, I think, has been made that somehow we're funded by the secondary market. We are not.
- Robert Herrell
Person
I don't take a penny from them. In fact, I have plenty of disagreements with the secondary markets, and I've said so publicly and I'd like to make that very clear. So they wanna reduce the competition that they face in the secondary market. And this is one way to do that. And so
- Henry Stern
Legislator
No, no. I I get that I get that argument. I I guess either for for the author, if you indulge me one more question, Mister Chair, either the author or his proponents. So in terms of the nature of that secondary market, which I know is where a lot of the tension is right now, I I think I I understand what you're doing on the primary side.
- Henry Stern
Legislator
I I wish, you know, if I'm gonna be if I'm gonna Lakers game that I I I wish I could be in the same ballgame, you know, like, as I don't get out to a lot of games or a lot of concerts, but let let me just say, yeah, I I would like the broader application.
- Henry Stern
Legislator
But oh, okay. Yeah. Gotcha. Maybe we need to deal with that piece. But my question is just for the folks who own the venues, do you do you all use any other platforms besides Ticketmaster to to do your resales?
- Henry Stern
Legislator
I just didn't know if there's a comment on that. You could help us sort of understand that.
- Unidentified Speaker 034
Yeah. Independent venues don't use resale. We we use primary sellers. I have I use e tickets at one place. I use QuadUp in another.
- Robert Herrell
Person
Ticketmaster is sometimes available at other venues like the Crest has it. If I wanna do a show at the at the Crest, I have to use their system. But Ticketmaster doesn't have any say on my ticket prices over there. They're just what any other any other, primary market ticket seller would do.
- Henry Stern
Legislator
So under this framework then, if you've got the the 10% cap on the resale, so I buy a ticket to a show, can't make it, need to put it up, that that plan I forget the names of the companies you you name.
- Robert Herrell
Person
We have we have ticket exchange programs that we use. Most of the tickets that are on StubHub aren't from resellers that that with everyday tickets. We know that. 95 of the tickets there are all from ticket brokers. That's who uses StubHub. You know, it just it it it just surprises me that we're here worried about the competition between StubHub and Ticketmaster when we're trying to protect our our customers, protect our venues, and protect our artists. That's what we're doing. This is what this bill is about.
- Thomas Umberg
Legislator
Alright. Other questions or comments? I have a few questions. Let let me just ask, does the the bill puts caps on the secondary sales for venues not owned by Live Nation?
- Thomas Umberg
Legislator
caps on on secondary sales, but does not cap secondary sales by Ticketmaster. Right?
- Thomas Umberg
Legislator
In other words, so the bill says, if if you're not owned by Live Nation Ticketmaster, then the caps are put on your sales. Is that correct?
- Matt Haney
Legislator
And and and and and the reason why ticket by Live Nation and larger venues was excluded was because of this concern that somehow by putting these caps on those venues that that would benefit them. An argument I disagree with, I actually do think it should be we should include those venues, all the venues.
- Matt Haney
Legislator
We just we just Wanna stick to the goal, not what might happen someday.
- Thomas Umberg
Legislator
Okay. So Yeah. So so okay. So but but there's not caps on the Ticketmaster sales. Right? Secondary sales market. They they're out there.
- Matt Haney
Legislator
There there are there are not caps on secondary resale from venues that are corporate owned or or over 3,000. That's it's based on the venue ownership and the size that determines whether there are there are resale caps that in the bill currently.
- Robert Herrell
Person
Yeah. Our reading of the bill, Mister chairman, is that Ticketmaster resale, which again is the largest player in the secondary market now, is not covered Okay. Because of an exemption.
- Thomas Umberg
Legislator
Okay. Just to be clear, they're not capped. But the venues that are not owned by Ticketmaster and Live Nation, they are capped. Right?
- Thomas Umberg
Legislator
And so right now, DOJ is in active litigation with Ticketmaster. And so what we're doing is we're altering the market right now when they're in the remedy phase of this lawsuit. That that's that's what the bill does is it alters the market when we're trying to figure out when DOJ and the court and others are trying to figure out what the remedy should be.
- Thomas Umberg
Legislator
So here's my concern, and and I've expressed this before, is while there is a, the they're not the others are not parties lawsuit, That what this does is it impacts the remedies that are a consequence of the lawsuit and based on actual lived experience. It is my view that the legislature should not be engaged in intervening or influencing active litigation.
- Thomas Umberg
Legislator
And so for those reasons, I'm not gonna be able to support the bill because I don't think it's our place to do that. And if, you know, a DOJ is in this awkward position because they're an active live right now litigant. So they're in an awkward position in terms of voicing their point of view. But I am very concerned about that.
- Thomas Umberg
Legislator
I'm very concerned about whether it's precedent or actual an intervention at this point, and that's one of the reasons that I'm gonna stay off the bill.
- Thomas Umberg
Legislator
Okay. Senator Ashby has moved the bill. Other conversation, comments? Alright. We'd like to close.
- Matt Haney
Legislator
Thank you. Thank you, Mister Chair. And I I understand that, concern. And we looked up the urine instructions, that were given in the monopoly trial, and they say, and I quote, to consider the monopolization in the markets for primary ticketing services and primary concert ticketing services to major concert venues. The clear focus of the monopoly trial is is on the primary market.
- Matt Haney
Legislator
It is not on the secondary market, and the the this bill, again, could not be included in the remedies phase because these these independent venues of which this would apply to are not a party to the lawsuit. So I I just wanted to be clear that I I understand that, but I I Wait.
- Thomas Umberg
Legislator
Wait. Wait. Just so so that we're clear, it it impacts the market share, which is a factor in the remedies phase of the trial. Right? You agree with that?
- Matt Haney
Legislator
Not in the not in the primary primary market of which the the monopoly trial is is the focus.
- Matt Haney
Legislator
And and and and and and to the extent it could impact it, it could strengthen these independent venues that are competing with with Live Nation. So if if either way, when we when the remedies do come down with with the the the bill or the the the case, we are gonna still have to take on what's happening in the secondary market. We have to do both every analysis, every committee that's that that has has spent a lot of time on this.
- Matt Haney
Legislator
The federal federal folks on the Senate side have looked at this, and they said we have to do both, and that's what we're trying to do here. And with that, respectfully ask for your eye vote.
- Committee Secretary
This is file item number 26, AB 1720. The motion is do passed to the Senate Appropriations Committee. Umberg? No. Umberg, no.
- Catherine Stefani
Legislator
Thank you, Chair. Colleagues, this bill is about elder financial abuse. I've told this story before last year when I was coming home from work, went to see my mom in West Sacramento. She told me about her day, told me that she was on the phone with her bank for about 45 minutes and that she had to consolidate all these different accounts. And I told her that I did not think she was talking to her bank.
- Catherine Stefani
Legislator
And sure enough, the next day, she went in there at 10AM when it opened, and she had not been talking to her bank. She was about ready to get scammed out of a lot of money for someone who's on a fixed income. And I got really mad, and that's why you have AB 871 in front of you. Now this bill is I wanted it to be effective, so I have worked with the bankers to eliminate as much opposition as possible.
- Catherine Stefani
Legislator
I have received bipartisan support as it's gone through the process, and I really think it is effective in getting to the solution of making sure we are protecting our elders and all those who may be scammed by people out there, ready to take our money, anytime and anyhow they can.
- Catherine Stefani
Legislator
AB 871 strengthens protections against elder fraud and financial crimes by ensuring financial institutions have appropriate reporting processes and training for their employees in place to proactively prevent fraud.
- Catherine Stefani
Legislator
This bill requires that annual mandated reported trainings include clear guidance on reporting suspected financial abuse to the FBI's Internet Crime Complaint Center, IC 3, a central repository of cybercrime data accessible to law enforcement pursuing relevant cases.
- Catherine Stefani
Legislator
Importantly, it also requires a financial institution to share information about reporting to IC3 with clients, encouraging them to submit their own complaints and details about the suspected fraud. Kindly notice to the by FBI is absolutely critical. The FBI's recovery asset team can assist in stopping or even reversing certain online transactions.
- Catherine Stefani
Legislator
And in 2025, this process had a nearly 50% success rate in recovering funds that otherwise would have been lost to criminals, which, of course, is essential to our seniors who are on fixed incomes and have no way to make up that lost income. Even for those transactions that can't be reversed, by requiring reported of reporting of suspected fraud to appropriate federal entities like the FBI, Even smaller dollar scams can help reveal patterns and improve enforcement efforts across law enforcement jurisdictions.
- Catherine Stefani
Legislator
With me to speak in support of the bill is Amanda Kirchner with the County Welfare Directors Association.
- Amanda Kirchner
Person
Good evening, Mister Chair and senators. Amanda Kirchner on behalf of the County Welfare Directors Association. We represent all 58 counties human services agencies including the Adult Protective Services. I wanna echo the comments made by Assembly member Stefani. The important part of this bill is the reporting to IC 3 from both the client who's been scammed and also by the bank.
- Amanda Kirchner
Person
By putting both sides of that equation together, you get representative information that the IC 3 can then use to complete the investigation. You understand how the person was approached for the scam by the victim side of the information, and then the bank can give you details around the transaction, the financial institution, the technical aspects of the computer transfers, and things like that. And so it gives us a chance to have a broader investigation and a better chance of recovering the money.
- Amanda Kirchner
Person
Interest of time, I will stop there and happy to answer any questions or just support.
- Thomas Umberg
Legislator
Alrighty. Thank you. Others in support of AB 871? Alright. Let's fill the opposition.
- Charles Contrebecki
Person
Good evening. Charles Contrepecki, Internstone Advocacy on behalf of the California District Attorneys Association support.
- Thomas Umberg
Legislator
Alright. Thank you very much. Others in support of AB 871? please come forward.
- Unidentified Speaker
Been asked to register register support on behalf of the counties of Ventura and Riverside. Thank you.
- Thomas Umberg
Legislator
Okay. Others in support? please come forward. Seeing no one else coming forward, let's turn the opposition. If you're opposed to AB 871? please come forward going once, going twice. Alright.
- Thomas Umberg
Legislator
Let's bring you back to committee. Questions by committee members. Seeing no questions by committee members except for Senator Stern.
- Henry Stern
Legislator
Just request a, make a motion, b, love to be added as co author. Really appreciate your leadership on this and had the same kind of personal experience you described. I was the one calling and wasn't really me and anyway, been awful. So thanks for stepping up on this. Alright.
- Thomas Umberg
Legislator
So Senator Stern has moved the bill. Alright. Committee assistant Porter. Oh, I'm sorry. Would you like to close?
- Committee Secretary
This is file item number 62, AB 871. The motion is to pass to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
4-0. Put that on call. Alright. Next item, File on Number 63, AB 1753.
- Catherine Stefani
Legislator
Thank you, Chair. First, I would like to start out by thanking you and the committee staff for your thoughtful work on this bill, and I will be accepting the committee amendments. So thank you so much for that. Today, I'm presenting AB 1753. It's called the Survivor Pathways to Safety Act.
- Catherine Stefani
Legislator
This bill is extremely important to me as a former prosecutor, someone who has legislated, as at the local level at the San Francisco Board of Supervisors on many domestic violence issues, someone who has been in the gun violence prevention movement for 27 years.
- Catherine Stefani
Legislator
This is a very essential bill. And we must make sure that when survivors ask for protection from our courts in, the in restraining orders that we make sure that it's not just a piece of paper and that they are actually, effective.
- Catherine Stefani
Legislator
A survivor goes through the difficult and sometimes dangerous process of seeking a restraining order, and they follow the rules. They show up in court.
- Catherine Stefani
Legislator
They take the steps that the law requires. And when that order is granted, they believe or some of them believe they are finally safe. But in many cases, the person who has threatened them still has access to a firearm, and the danger remains. We know that people who are legally required to surrender their firearms do not always do so. In one investigation, only 1 out of 25 armed abusers provided proof that they had turned in their guns as required by law.
- Catherine Stefani
Legislator
It's not just a compliance issue. It is a public safety failure that puts lives at risk. Just two years ago, a couple had gone to court to extend a restraining order were targeted and killed by the very person they were seeking protection from. They've done everything the law asked of them, yet the system failed them. And that tragedy is a painful reminder that a protective order must be more than a promise on a piece of paper.
- Catherine Stefani
Legislator
It must be backed by a system that works every time, and that is what AB 1753 is designed to do. This bill strengthens California's protective orders, by expanding firearm prohibitions for dangerous individuals, improving enforcement and firearm surrender procedures, and enhancing protections and access to justice for survivors.
- Catherine Stefani
Legislator
A restraining order should never create a false sense of security. It should provide real protection backed by real enforcement. Because when someone finally takes that courageous step, I'm telling you, it's not the first time they've been in danger.
- Catherine Stefani
Legislator
When they're finally seeking protection from the court and they think they have it, we better show up and make sure that our systems work so they are safe. Every survivor deserves to live free from fear, and every family deserves to know that the law will protect them, and every community deserves to be safe from preventable gun violence. And this is what this bill does.
- Catherine Stefani
Legislator
With me today is Ari Freilich with the California Department of Justice and Jamie Minor on behalf of Giffords.
- Ari Freilich
Person
Thank you. Good evening. My name is Ari Freilich. I'm Director of the California DOJ's Office of Gun Violence Prevention. Attorney General Bonta is proud to cosponsor this measure. I appreciate the author's leadership on this and we worked with the author of Survivor Advocates to identify a dozen plus provisions in this bill to close implementation, coordination gaps, barriers to access, and gaps in our firearm eligibility standards.
- Ari Freilich
Person
I'm gonna skip over much of my testimony in the interest of time, but happy to answer more questions about it. But just wanna emphasize that our annual armed and prohibited person system reports, they identify that court protection and restraining orders are by far the most common way that a person in California goes becoming a legal farm owner to an illegal farm owner, and they're the most common source of unlawful possessors in our apps database.
- Ari Freilich
Person
This bill will do a lot to ensure that we are replacing passive, siloed, and reactive honors systems with coordinated partnerships invested in compliance, accountability, and safety. We're making a lot of progress in recent years. We've been we passed important legislation.
- Ari Freilich
Person
We've made investments, although they are now soon expiring, but that's a matter for another time. But gaps remain. One additional provision I wanna highlight here is that it would add a number of about six criminal offenses to the list of convictions in California that trigger a ten year firearm disqualification, including violations of protection orders. Our data shows that people can, homicide offenders have a a prior conviction of violating protection orders at 13 times the rate of people convicted of every other crime.
- Jaime Minor
Person
Good evening. I'll be quick. I think, you know, we just heard a lot of the provisions and their importance. We're here on behalf of Giffords in support, as a proud cosponsor. So as you just heard, you know, protective orders are one of the most important legal tools available for Californians seeking protection, and for the past several years, through the leadership of this committee and others, we've worked to improve the implementation of these life saving tools.
- Jaime Minor
Person
We need consistent court processes for relinquishment, and this really just takes that next step to ensuring prosecutors have a policy in place for processing, cases of noncompliance among other things. So we are pleased to support. Thank you.
- Amy Brown
Person
Amy Brown on behalf of the California Police Chiefs in support. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else in support? Seeing no one else, let's go to the opposition. If you're opposed to AB 1753, good time to come to the microphone. Going once, going twice.
- Thomas Umberg
Legislator
Seeing no one approaching, let's bring it back to committee. Questions? Yes. Alright. Senator Durazo, moves the bill.
- Thomas Umberg
Legislator
Any questions or comments? Seeing no questions or comments, would you like to close?
- Thomas Umberg
Legislator
Alright. Senator Durazo has moved the bill. Committee assistant Porter, please call the roll.
- Committee Secretary
This is file item number 63, AB 1753. The motion is to pass as amended to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
7-0. Put that on call. Thank you very much. Assemblymember Valencia.
- Thomas Umberg
Legislator
Floor is yours. Two bills. Item number 65 and 66. You're gonna start with item number 65, AB 2335.
- Avelino Valencia
Legislator
Thank you, Mister Chair. Good evening, Senators. I wanna start off by stating that I'll accept the committee amendments outlined in the analysis. AB 2335 would modernize the state's investment capabilities by establishing a digital asset reserve fund to generate new returns for the state. With me to provide testimony is Jamie Minor, the Chief Advocate for the California Blockchain Advocacy Coalition.
- Jaime Minor
Person
We'll be quick. We support it for two reasons here on behalf of the California Blockchain Advocacy Coalition. First, it modernizes California's unclaimed property ways in a, in a way that better protects consumers. Second, it establishes a prudent framework for administrating digital state custody. It protects owners' rights by preserving digital assets during the statutory holding period, then provides clear governance, transparency, and oversight for assets that ultimately remain unclaimed.
- Jaime Minor
Person
That's a balanced approach that respects property rights while also ensuring responsible stewardship of public assets. It also is a creative solution to help build fiscal resiliency in the state. So we appreciate, the author's efforts here in respectably ask for an aye. Thank you.
- Thomas Umberg
Legislator
Alright. Great. Anyone else wish to testify on the bill with no opposition? AB 2335. Alright.
- Thomas Umberg
Legislator
Seeing oh, no one approaching. Let's turn the opposition. Is there any opposition? Seeing no opposition, let's bring it back committee. Questions by committee members.
- Thomas Umberg
Legislator
Alright. Thank you very much. Committee assistant Porter, please call the roll.
- Committee Secretary
This is file item number 65 AB 2335. The motion is do passes amended to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
6-0. Alright. Next, but you set the bar very high for yourself. Next, Bill.
- Avelino Valencia
Legislator
Thank you, Mister Chair. Once again, we'll be accepting the committee amendments outlined in the analysis. AB 2409 strengthens ethical governance by prohibiting California public officials from issuing Meme coins and barring digital asset exchanges from listing any Meme coin that uses the likeness or image of a public official for sale.
- Avelino Valencia
Legislator
This, in my opinion, matters more than ever. Just today, our own president's financial disclosures were released, and it revealed that about $1,100,000,000 is attributed to his financial benefit because of a meme coin system that he has taken advantage of.
- Avelino Valencia
Legislator
I think this is a good government bill. Not only have I passed legislation to ensure that elected officials disclose cryptocurrency holdings, but I do believe that an elected official should not monetize off of their image in office. With that, happy to answer any questions.
- Thomas Umberg
Legislator
Does that mean I shut down the Umberg coins? Is that part of the deal?
- Avelino Valencia
Legislator
You know, yeah. Yeah. I see that they're on the up and up. I think this is gonna.
- Thomas Umberg
Legislator
We're about to make the market. Alright. Thank you very much. Those in support of AB 2409, please come forward. Going once, going twice, I understand there's no opposition.
- Thomas Umberg
Legislator
If you're opposed to AB 2409, now's a good time to come forward seeing no one coming forward. Let's bring it back to committee. Questions about Umberg coin or anything else? No questions, Senator Niello.
- Avelino Valencia
Legislator
You know, I think those are one generation behind when it comes to technology. But if it were a meme coin, I think this would prohibit that.
- Thomas Umberg
Legislator
Thank you. Alright. Alright. Yes. Senator Ashby has moved the bill.
- Thomas Umberg
Legislator
Alright. Thank you very much. Committee assistant porter, please call the roll.
- Committee Secretary
This is file item number 66, AB 2409. The motion is do passed as amended to the Senate Appropriations Committee.
- Thomas Umberg
Legislator
7-0. Put that on call. Alright. Assembly member Wicks. Assembly member Wicks.
- Thomas Umberg
Legislator
You know, Assembly member Wicks, I admire your optimism. You were here like at 10:00 this morning. That's that's the definition of an optimist.
- Thomas Umberg
Legislator
Alright. Okay. So, would you like to start with file number 68 AB1903?
- Buffy Wicks
Legislator
Sneaky one. Okay. Well, my talking points say good morning, but good evening. I appreciate everyone's steadfastness here. Thank you for letting me present AB 1903, our bill to increase entry level homeownership by making long overdue fixes to construction defect liability law.
- Buffy Wicks
Legislator
The bill has support from a wide range of groups, including builders of affordable market rate housing, the business community, environmentalists, social justice groups, laborers, EMB, mayors, cities, and counties. It's hard to get those groups to agree on anything, but they can all agree we need more homeownership opportunities.
- Buffy Wicks
Legislator
I would like to start off by thanking you, Mister Chair, and your committee consultant, Ian Doherty, for putting so much time into this despite having an unbelievable amount of work to do.
- Buffy Wicks
Legislator
I also wanna say upfront that I will be accepting all of the committee amendments today and making further commitments on the record. However, before I talk about that, I wanna paint the picture of what we're trying to do here and why this isn't so is so important.
- Buffy Wicks
Legislator
As everyone knows, in the last eight years, I've been laser focused on the housing crisis and trying to fix that problem. And, collectively, we've made great strides, including increasing the amount of land zone for housing, making it easier to build housing and get it titled and entitled and permitted, protecting tenants, and funding the construction of affordable housing.
- Buffy Wicks
Legislator
To me, from a policy perspective, there's two major areas left. One is homeownership. Two is the cost of construction.
- Buffy Wicks
Legislator
This bill gets at both of those issues. We know that in this country, homeownership is the most important way people create economic security for their families, yet we make it very difficult for people to become homeowners in California, particularly those in developed areas that wanna stay in their community.
- Buffy Wicks
Legislator
The best way to help those people is to facilitate the construction of condominiums, which is homeownership housing where people own units within a larger building.
- Buffy Wicks
Legislator
Condos are a great entry level homeownership option as the average condo is 20 to 30% less expensive than the average single family home, yet we barely build condos in California anymore. Currently, 90% of all new homeownership housing is single family homes, often far from job centers, and 90% of new infill is rental apartments.
- Buffy Wicks
Legislator
90%. So if you are a young family looking at your housing options, you can either rent in the city or buy far away from where you work. If you're an empty nester, you don't have many options at all. In fact, in the state of 40,000,000 people, we are building less than 4,000 condos a year. It wasn't always this way.
- Buffy Wicks
Legislator
The law that created our current system, SB 800, went into effect in the start of 2003. In the years just after AB 800 passed, when its effects weren't known to the development community, 27% of new units in our metro areas were condos. Ten years later, by the mid 2010s, that number was 6%. Now in the mid 20s were 2020s, we're now at 4% condo construction. We've effectively throttled condo construction for entry level homes.
- Buffy Wicks
Legislator
We've effectively throttled condo construction for entry level homeownership opportunities. Housing is still getting built, thank goodness, but none of it's for homeownership. So why do I think AB 1800 and construction defect lawsuits in general have been detrimental to house building housing for homeownership?
- Buffy Wicks
Legislator
For starters, while the law is known as the right to repair law, it literally says that builders cannot receive a release or waiver for any repair work, meaning they can still get sued over a violation of law even if they fix the problem. The current law doesn't even require the homeowners to provide specific evidence of violations before they sue, leaving builders guessing at what they need to fix before they are forced into a claim.
- Buffy Wicks
Legislator
Builders also aren't guaranteed that any repairs they make before being sued will count against their self insured retention, which is basically their deductible from their insurance company. This means that builders have to get sued to get the cost covered, which forces the homeowners to sit with defects sometimes for years even when a simple fix would make sense for everyone.
- Buffy Wicks
Legislator
And critically, the standard of violation for determining what is a defect are often far too subjective, speculative, unreasonable, or all of the above.
- Buffy Wicks
Legislator
This leaves builders paying, paying through the nose for violations for which there is no damage and which the HOA has no interest or need to even repair. AB 1903 addresses all of these issues.
- Buffy Wicks
Legislator
It creates a real right to repair in which the builder receives a release or waiver for any repair work if there are no further problems within a year of their repair. The bill requires the homeowners to provide specific evidence of violation, including photographs and information about where they are in the unit.
- Buffy Wicks
Legislator
The bill requires that insurers must let builders count repairs against their self insured retention so the builders are no longer financially penalized for repairing sooner.
- Buffy Wicks
Legislator
Finally, the bill specifies that a violation can only be something that actually causes damage. This is a good segue into talking about the amendments we are taking in committee and the commitments I am making today and how they relate to the commitments I made coming off of the Assembly floor.
- Buffy Wicks
Legislator
First, I wanna flag that we fulfilled two of our commitments with author's amendments on June 11. We struck the requirement that every homeowner sign off on a lawsuit recognizing that was too high of a bar. For the proposed notice to the owners about the cons of filing a lawsuit against the builder, we balanced the notice by just striking the new notice.
- Buffy Wicks
Legislator
With today's amendments, we are also removing the proposed concept of certified building, which included the concept of a third party inspector that was empowered to determine whether a claim was a violation or not. This fulfills our commitment to ensure access to justice as claims will still be allowed to go to arbitration or court.
- Buffy Wicks
Legislator
It obviously also solves the problem of perfecting the neutrality of these inspectors by cutting them entirely. We're also removing the proposal to ban extrapolation as a statistical tool for determining claims and to return to existing law the language around how investigation investigative costs are handled. There is one area that we still have work to do, which is around the standards of these violations themselves.
- Buffy Wicks
Legislator
We know the language in the bill goes too far in that it requires damage to another component part in order to make a claim for a violation of any of the 45 existing standards. But we also didn't want to strip this out because, as I said, the failure of the existing standard is what is leading to frivolous expensive claims that build that keep builders from building without doing anything to protect consumers.
- Buffy Wicks
Legislator
In some instances, damages to another component part is already a required element of the standard. In others, it needs to be addressed to ensure reasonableness and object objectivity. That is a laborious task, and we have that we have ahead of us this summer, and are working on these standards, and working on these standards is what I've committed to you, Mister Chair.
- Buffy Wicks
Legislator
Specifically, I commit to removing the requirement in civil section 94282 of the bill that a claimant provide damage to another component after this committee and agree to instead work with the committee and you, Mister Chair, specifically, and your wonderful staff in the coming weeks to include a different requirement, something akin to a material deviation from the standard or to make the performance standard contained in Civil Code Section 896 more objective or reasonable.
- Buffy Wicks
Legislator
I also commit to adding a savings clause to ensure that this bill does not apply to any claims already filed by the time the bill becomes effective and to consider making any changes to the material standard or for a claim a claim applied prospectively for a building constructed on or after 01/01/2027.
- Buffy Wicks
Legislator
Finally, I commit to making sure that we will not ask to revise the standards to include damage to other component parts for life safety issues such such as structural, soil, fire safety, and balconies. By taking all these issues off the table, we can spend the summer focusing on the most critical issues at hand. There's a lot of work, and I deeply appreciate the support of the Chair and hopefully, the forbearance of the committee to allow us to keep working on this.
- Buffy Wicks
Legislator
But if we step back and I'll remember what's at stake, which is renewing the access to attainable homeownership opportunities for the middle class, I hope you all agree it's worth it. With that, now at 09:23, here to testify in support, Nick Cammarata with the California Building Industry Association and Patty Wayne Cross with Habitat for Humanity East Bay Silicon Valley.
- Thomas Umberg
Legislator
Okay. Thank you. Just before we have testimony, just to frame the conversation here. Thank you very much. We've had a lot of quality time together.
- Thomas Umberg
Legislator
Got a chance to learn about Tyvek. Thank you. And you're exactly correct. That's those commitments are exactly you added wonderful committee to the to the verbiage.
- Buffy Wicks
Legislator
I did add wonderful committee because I'm presenting in front of such a wonderful committee whose votes I need.
- Thomas Umberg
Legislator
So alright. So having said that that's the frame in which we ought to discuss this this bill this evening. So with that, first witness.
- Nick Cammarota
Person
Good evening, Mister Chair and members. Nick Cammarota on behalf of California Building Industry Association. I'm gonna go a little bit off of my script because the author did such a great job. I think outlining the problems that we're facing and trying to fix. I will I will simply say this, just to give you a flavor of, why we think there needs to be some more work done in this area.
- Nick Cammarota
Person
We shouldn't be operating in a system where it's impossible to meet the standards in statute, and that's what we have today. I'm gonna give you a few examples just in hopes that this will give you a clearer idea of what it is we are working with. There is a definition in law that talks about actual moisture barrier. Now you mentioned Tyvek and that is ultimately the moisture barrier, the waterproofing membrane.
- Nick Cammarota
Person
It says in law, it says an actual moisture barrier means any component or material that serves to any degree as a barrier against moisture, whether or not intended.
- Nick Cammarota
Person
So what does that mean? Paint on the exterior of the house serves to some degree as a moisture barrier. It's not intended to be a moisture barrier. If paint chips, water goes past that point, now you have a defect. If you have roof tiles that crack, same thing.
- Nick Cammarota
Person
Not intended to be a moisture barrier, but once they crack, you we get a claim as a defect. And with extrapolation, all the other tiles manufactured by the main the same manufacturer are presumed to be defective. Stucco and and window frames. Both of which have weep holes at the bottom of them to divert water away from the building. That's not intended to be a moisture barrier.
- Thomas Umberg
Legislator
You're not wearing out your welcome. You're just gonna urge us to vote I on the bill, I think. So And so I got that part. Yeah.
- Nick Cammarota
Person
I've known well enough to win you when I'm there, I'm not gonna keep digging a hole here. Thank you.
- Patti Wang-Cross
Person
Hello. Good evening, Senators. Thank you for your forbearance. Thank you very much to Assembly member Wicks for your leadership on this issue. I'm Patti Wang Cross with the Habitat for Humanity Affiliate that serves the East Bay in Silicon Valley, where we're working to make homeownership affordable for more families.
- Patti Wang-Cross
Person
And I am proud to speak in support of AB 1903 as a meaningful solution that will build more affordable entry level homes that Californians so critically need. We know what can happen when legitimate repairs take a back seat to speculative litigation.
- Patti Wang-Cross
Person
In 2021, we completed 30 affordable condos in the City of Fremont. And when one homeowner noticed a small amount of water intrusion, we responded quickly to initiate repairs. However, we were delayed when an attorney recommended intrusive extensive testing where there was zero evidence of additional water intrusion.
- Patti Wang-Cross
Person
They recommended, removing roofs and siding across the entire development and suing us for millions of dollars. To this day, litigation has prevented us from addressing that one minor repair.
- Patti Wang-Cross
Person
Were AB 1903 to be in effect at that time, the one impacted homeowner would have had swift recourse for the repairs that they needed. We would have been liable for the defect that caused property damage, and we would have had the ability and the incentive to repair it promptly.
- Patti Wang-Cross
Person
Without AB 1903, condos are uniquely and prohibitively expensive to build.
- Patti Wang-Cross
Person
Our condo liability insurance premiums have skyrocketed over 40% in the last five years. For the four condos we just renovated in San Jose that added a quarter of $1,000,000 to the cost of that project. Without, so without AB 1903, it's a real problem. So we have talked at Habitat with, city staff from Martinez down to Mountain View who are all eager for Habitat to build affordable condos in their communities.
- Patti Wang-Cross
Person
But if nothing changes, the high risk makes it extremely unlikely we will build these homes.
- Patti Wang-Cross
Person
And it also jeopardizes about a 184 units, which represents about a 100 or excuse me, represents about 75% of our current building pipeline. Plus, we cap our prices. I'm sorry?
- Thomas Umberg
Legislator
I said, alrighty. I bet you're gonna also urge us to vote for that.
- Patti Wang-Cross
Person
I am going to. I do wanna point out that Habitat caps our prices to keep our homes affordable. So we can't simply raise prices
- Thomas Umberg
Legislator
And thank you for your mission. Excellent mission. Thank you very much. Alright. Thank you.
- Don Wilcox
Person
Good evening. Don Wilcox, California Conference of Carpenters. We believe that the right to cure and repair is essential to get this market going again. Thank you.
- Ethan Nagler
Person
Good evening. Ethan Nagler on behalf of the Cities of Bakersfield, Stockton, Burbank, El Cerrito, Foster City, Glendale, Redwood City, San Mateo, and Mountain View all in support. Thank you.
- Nolan Gray
Person
Nolan Gray for California MBA. Proud cosponsor and strong support. Thank you.
- Amy Brown
Person
Amy Brown on behalf of the Cities of Riverside and Long Beach in support.
- Naomi Padron
Person
Naomi Padron, on behalf of the American Subcontractors Association of California in support.
- Bob Nailer
Person
Bob Nailer for Field Stud and Company. That's Howard Amundson Junior, a proud Orange County resident in support.
- Brenda Contreras
Person
Brenda Contreras on behalf of Bay Area Council has a proud cosponsor in support as well as Chamber of Progress and the California Housing Consortium in support. Thank you.
- Marisol Ibarra-Bouslama
Person
Marisol Ibarra Bouslama on behalf of Family Business Association in support.
- Annalee Akin
Person
Annalee Augustine with the Civil Justice Association of California currently support if amended. Thank you.
- Raymond Contreras
Person
Good evening, Mister Chair and members. Raymond Contraras with Lighthouse Public Affairs on behalf of SPUR, proud cosponsor, Abundant Housing Los Angeles, San Diego Housing Commission, Circulate Planning and Policy, and Student Homes Coalition, strong support. Thank you.
- Ali Sapirman
Person
Thank you for being here for twelve hours to talk about housing. Ali Sapirman, a proud cosponsor of the, on behalf of the Housing Action Coalition, in strong support.
- Volek Tang
Person
Volek Tang with the American Council of Engineering Companies, in strong support. Thank you.
- Ben Golombek
Person
Ben Golombek on behalf of the California Chamber of Commerce in support.
- Thomas Umberg
Legislator
Thank you. Alright. Now, let's turn to the opposition. If you're opposed to AB 103? this is a good time to come forward.
- Nancy Drabble
Person
Thank you, Mister Chair. Nancy Drabble with Consumer Attorneys of California. We very much appreciate the amendments that the author has taken from the committee, and we do still remain in oppose unless amended position because of the one core issue that remains to be discussed. And that is what kind of standards are we going to have in California for consumers and homeowners who face defects in their homes.
- Nancy Drabble
Person
And under the law that was passed over two decades ago, California has some of the most specific and objective standards in the nation. We understand that there's a desire to revisit some of those and take a look at them. The important thing from the homeowner consumer standpoint is that those standards remain strong.
- Nancy Drabble
Person
So for example, if there's a hole in the roof, if the water is coming in and you are a condo owner and you've put your life savings into that building, you do not have to wait for the floor to be damaged, for the water to come through the roof.
- Nancy Drabble
Person
Under our standards, you should be able to get a early repair. That is the intent of the law, that you should be able to get it repaired before it becomes more expensive, before you face that expense yourself.
- Marisol Ibarra-Bouslama
Person
And on another category, we certainly do not wanna have the Balcony Berkeley collapse happen in a condo or, heaven forbid, something like the Surfside condominium collapse. So the health and safety issues are obviously very important too. So we look forward to working with the author in looking at those standards, but we hope they remain very strong for consumer and homeowners. Thank you.
- Louis Brown Jr.
Person
Good evening, Mister Chair, members of the committee. Louis Brown here today on behalf of the Community Association Institute. Again, want to express our appreciation for the author, her staff, the committee staff, as well for working on this issue. This bill's come a long way in a short period of time, and we appreciate those changes. I wanna align my comments with those mistravel on on making sure that these standards that we'll be working on over the summer continue to be safe and objective.
- Louis Brown Jr.
Person
At the end of the day, we want condos as well. We just want them to be livable, suitable for our members and our associations. We also do appreciate the commitments made by the author going forward. For us, those condos, and associations that are existing now, we don't think should have the rules of the game changed on them.
- Louis Brown Jr.
Person
And so we look forward to working with the author and the committee on finalizing this package before the Senate floor. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Alright. Anyone else who's opposed AB 1903? please come forward.
- Carlos Gutierrez
Person
Carlos Gutierrez here on behalf of the California Association of California of Community Managers, and we align our comments with the previous speaker with oppose unless amended. Thank you.
- Unidentified Speaker
I'm a regular citizen who's a constituent in, the Assemblywoman's District. We had a whole bunch of people who came with us out of respect for the committee because I totally appreciate your stamina.
- Thomas Umberg
Legislator
All right. Well, we're gonna multiply those shirts by 20. Okay. Got it.
- Ann Rao
Person
Ann Rao also wanting to thank everybody for their work on this and oppose unless amended.
- Amy E. Garrett
Person
Amy Garrett with California Association of Realtors. We thank the author for the amendments to remove the Department of Real Estate as the licensing and enforcement agency and very much look forward to removing our opposition once those amendments are in print. Thank you.
- Chad Thomas
Person
Hi. Chad Thomas. I'm a lawyer who has defended developers and general contractors. I also represent homeowners. I urge you to oppose this bill unless amended. Thank you.
- Jeffrey Kubiak
Person
Good evening. My name is Jeffrey Kubiak. I'm a constituent of Senator Ashby, attorney and consumer advocate. I oppose AB 1903. Thank you.
- Danielle Kando-Kaiser
Person
Danny Kando Kaiser here on behalf of the California Low Income Consumer Coalition. Line my comments with the Consumer Attorneys of California. I oppose unless amended.
- Thomas Umberg
Legislator
Thank you. Alright. Bring it back to committee for questions or comments. Yes, Senator Laird. Anyone else?
- John Laird
Legislator
Thank you. And I'm sorry, I'm as punchy as you are. I was here at 09:30 before your first stop. You packed so much into your statement that I had one issue and I think you addressed it, but I'm not sure. And that is the issue of homeowners or condo owners having to wait for the harm before seeking relief.
- John Laird
Legislator
Is that what you intend to address when you're dealing with the standards discussion?
- Buffy Wicks
Legislator
Yeah. I think what we're trying to figure out is how we create an actual meaningful right to repair when there's damages that homeowners are able to get that repaired quickly. And I think the example that Habitat for Humanity posed, I think is common. And so we wanna make sure that if we we wanna make sure that homeowners are not left on the hook here.
- Buffy Wicks
Legislator
And when there's faulty product that the developer and the contractor is required to ensure that that gets taken care of, that is the goal of the bill.
- Buffy Wicks
Legislator
So that's one of the major things that we're trying to address in the bill.
- John Laird
Legislator
And does that are you gonna work with the committee in preparing those standards when you
- Buffy Wicks
Legislator
Yeah. And so the standards, you know, with 81 bills today, obviously, everyone's busy. You know, this stuff, I think we need to be really surgical about how we think about this, because we don't wanna swing the pendulum too far here. We wanna make sure that consumers are protected. But that is something that the Chair and I are committed to working on, with all the stakeholders to see if we can land this over the summer.
- John Laird
Legislator
Okay. And yeah. I've been listening closely because I'm, a 24 year old, 24 year condo owner a block from here. And I'm up to three times there's been water damage Including a flood last November when I we weren't in session where they had to cut away the carpet, cut out the wall, redo the cabinets, do everything because it backed up. And it was not the first time that there was knowledge
- Ben Golombek
Person
About that. And so I will be interested and we'll talk to the Chair about how the performance standards are developed.
- Thomas Umberg
Legislator
I can assure you we're not gonna extend the statute to twenty five years. So just let you know that off the top.
- John Laird
Legislator
No. But but we'll be in session here for the first 24 of those who you know, the way we're going. So I am troubled by the unresolved issue, but I'm willing to give you a chance to resolve it. And and I think I hear a clear direction. I just wanna know that direction will actually be followed
- Buffy Wicks
Legislator
We we have the Chair of the Judiciary Committee as the backstop here.
- Thomas Umberg
Legislator
So just just to be clear, and I have great confidence that we will be able to work something out, but in the off chance we can't and we can't work it out, then we reserve the right to bring it back to committee and have all of us, you know, once again make that decision.
- Thomas Umberg
Legislator
Alright. Other questions or comments? Seeing none, is there a motion?
- Buffy Wicks
Legislator
Just deeply appreciate the conversations we've had, Mister Chair, and for everyone else in the committee. Give you my word. I'll continue to work on this challenging aspect. We've made a lot of amendments to the bill. Still a very strong bill, but definitely more work to go.
- Thomas Umberg
Legislator
Alright. Thank you very much. Okay. Committee Assistant Porter, please call the roll.
- Moira Topp
Person
This is file item number 68, AB 1903. The motion is do pass as amended to the Senate Housing Committee.
- Thomas Umberg
Legislator
9 to 0. Alright. That bill is on call. Thank you very much. Next bill.
- Buffy Wicks
Legislator
Great. So, I passed a bill a couple years ago, AB 1394, that was trying to tackle getting CSAM, child sexual abuse material, off of our online platforms, which has been a huge problem. As many of us who've been around for a while know, you pass a law and then it goes out into the wild and you realize you need fixes. So this bill is is fixing that, law to make sure that it's more effective.
- Buffy Wicks
Legislator
So this bill will allow for users, not just the user who users who are depicted in the CSAM material to report.
- Buffy Wicks
Legislator
So it's not just the onus on, for instance, the child, but other, advocates in their world who can make the report. It'll align with the federal take it down act, which has since been put into law since the original bill was passed. It requires that the reporting mechanism is clear, and does not use dark patterns. We've we've seen challenges where the social media companies have made it actually very difficult to actually report CSAM. It should be actually very easy to do so.
- Buffy Wicks
Legislator
Ensure that there's human review and there's no hash match, and require that the biannual audits, which we had, in the bill originally in the law originally submitted to the attorney general, are submitted to the attorney general and other public prosecutors if res requested. I'm doing this with Assemblymember Maggie Krell, who has a lot of expertise in the space given her previous line of work, and has received bipartisan support.
- Buffy Wicks
Legislator
And with that, respectfully ask for an aye vote when the time is right, and, I will let my witnesses self, identify.
- Edward Howard
Person
Good evening, Mister Chair and members. Ed Howard, senior counsel with the Children's Advocacy Institute at the University of San Diego School of Law, pleased to sponsor this measure. Hours late. Four very quick points, please. Mindful that, the corporations subject to this bill are the world's experts in user interfacing.
- Edward Howard
Person
First, it is critical to understand that over ninety percent of the children who are depicted in child sex abuse material are very small. This is three years to 13 years of age. Second sworn testimony in a recent trial from Meta's former head of well-being underscores the urgent need for this bill. For example, quote, meta made its reporting flow intentionally complicated to reduce the reports it had to look at, end quote.
- Edward Howard
Person
And as a result, the gentleman testified that only in 1% of instances that people who when they started to try and report, actually succeed in submitting a report.
- Edward Howard
Person
Likewise, that same expert testified that Meta had a policy of requiring 17 different independent confirmations that content was, quote, trafficking humans for sex, end quote, before they would suspend that account. Both of these things confirm the study that we did after Assemblymember Wicks' bill was passed called Cruelty by Design, which underscores how much they are skirting current law. And then finally, this problem is getting worse fast.
- Edward Howard
Person
Experts document that there in the last year or so has been a 1325% increase in the number of AI assisted, digitized child sex abuse material. Those are real children's faces who've been digitized onto, other human bodies.
- Edward Howard
Person
It goes hopefully without saying we should not have to pass a bill to stop this. And yet here we are respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Others in support of AB 1946. Please queue up.
- Charles Contrebecki
Person
Charles Contrebecki, Internstone Advocacy on behalf of the California District Attorney's Association in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support AB 1946? Going once, going twice.
- Thomas Umberg
Legislator
Alright. Let's turn to the opposition. If you're opposed to AB 1946, please come forward.
- Dylan Hoffman
Person
Good evening, Mister Chair and members. Dylan Hoffman on behalf of TechNet, in a position with concerns, not opposition. Just wanna highlight a few, things very briefly from our letter. First and foremost, our coalition and our member companies strongly support the offer author's efforts to eradicate online sex trafficking, the distribution of CCM, and NCII.
- Dylan Hoffman
Person
Our industry has been at the forefront of of this fight for decades, and we were active participants in conversations with the author in 2023 regarding the first iteration of this bill, AB 1394.
- Dylan Hoffman
Person
We have had several conversations with the author's office, and are working towards our common goal to address gaps in existing law while our companies are fully complying with that bill. We're not an adversary in this fight. We wanna be a partner, and our companies have a wealth of knowledge to draw upon. Our letter highlights a few concerns, but that weren't further conversation. But I wanna touch on a couple very briefly.
- Dylan Hoffman
Person
We've discussed with the author's office that changes to the compliance timeline from thirty days down to forty eight hours need some refinement. For example, section F requires platforms to send a status update seven days after a report has been submitted, but H requires compliance with section f within forty eight hours. We've provided suggested amendments to help resolve this confusion. Additionally, we believe the penalties in this bill should be better targeted to scofflaw platforms rather than those who are attempting to comply in good faith.
- Dylan Hoffman
Person
Again, wanna express our appreciation for the Assembly member's tireless work on this issue. Look forward to more conversations in the coming weeks to resolve these issues.
- Naomi Petrone
Person
Good evening, Chair and members. Naomi Petrone on behalf of the Computer and Communications Industry Association. We would align our comments with TechNet. Thank you.
- Ronak Daylami
Person
Good evening. Ronak De Alami with Cal Chamber. Also appreciate the work of the author and align our comments with TechNet. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Alright. Anyone else opposed? No one else coming forward? Let's bring it back committee.
- Thomas Umberg
Legislator
Questions by committee members seeing no questions. Is there a motion? Senator Senator Wiener moves the bill. Alright. Would you like to close?
- Thomas Umberg
Legislator
Thank you very much. Alright. Committee's supporter, please call the roll.
- Committee Secretary
This is file item number 69, AB 1946. The motion is to pass as amended to the Senate Appropriations Committee. Umberg? Aye. Umberg, aye.
- Unidentified Speaker 008
Great. Thank you. I believe this is a support support bill, so we'll just make this super quick.
- Buffy Wicks
Legislator
AB 2246. Again, I passed a a bill a couple years ago, age appropriate design code, and it was first in the nation to basically ensure that products accessed by children were, by design and by default, safe for them. It then got caught up in the courts because tech sued. Earlier this year, the ninth circuit court issued a decision that several provisions of the original ADC were, in fact, constitutional, so this decision created a pathway for us to have this bill today.
- Buffy Wicks
Legislator
So this bill essentially, offers privacy and safety protections by default unless there is reasonable certainty that the consumer is an adult, disables profiling, prohibits the collection or retention of a child's personal information, prohibits the collection of any precise geolocation, and prohibits the use of dark patterns.
- Buffy Wicks
Legislator
This is an important bipartisan bill. It has got a lot support. It's I view it as a cleanup bill to allow the original law to move forward. We have Nicole Rocha from Children Now, but we'll just have her here to to answer any technical questions if there are any be in the interest of time. And with that, respectfully ask for an iPhone.
- Thomas Umberg
Legislator
Alright. Thank you very much. If you're in support of AB 2246, now's a good time to come forward. Those of you who are fleet of foot, go ahead.
- Nichole Rocha
Person
Nicole Rocha on behalf of Children Now and Tech Oversight California and the Omidyar Network in support.
- Chloe King
Person
Chloe King with Political Solutions on behalf of the American Academy of Pediatrics in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support? Please come forward. Alright. If you're opposed to AB 2246, I see Mister Hoffman getting ready.
- Dylan Hoffman
Person
Good evening, Mister Chair and members. Dylan Hoffman on behalf of TechNet. We respectfully oppose unless amended to AB 2240 Our organization was heavily involved in the previously mentioned negotiations on the age appropriate design code in 2022. Also note, we are not a party to the litigation that was mentioned. But similar to our approach in 2022, we've provided suggestion amendments to this bill that preserves goal of improving online safety for minors, which remains a high priority for our member companies.
- Dylan Hoffman
Person
I'm just gonna touch on a couple very quickly. First, we're concerned that the bill's prohibition on profiling and personalization as a default for minors will unintentionally undermine the intent. Profiling is a critical tool that enables platforms to tailor age appropriate experiences to individual unit users that benefits teens and reduces exposure to inappropriate or harmful content. Removing this capability without the exception currently in the AADC for companies to demonstrate that profiling is necessary will have unintended consequences.
- Dylan Hoffman
Person
We ask, that this committee and the legislature reconsider this provision or at the very least include an exception consistent with current law.
- Dylan Hoffman
Person
Additionally, the bill's prohibition on using personal information for any reason other than a reason for which that personal information was collected is overly broad and would inadvertently block safety, integrity, and security use cases where data is processed for purposes that users did not explicitly anticipate at the time of collection. I've outlined several other suggestions in our letter. Look forward to continue our conversations with the author, but at this time, remains respectfully opposed unless amended. Thank you.
- Neil McFadron
Person
Neil McFadron on behalf of the Computer and Communications Industry Association also oppose unless amended.
- Ronak Daylami
Person
With Cal Chamber. Also, respectfully oppose unless amended. Thank you.
- Thomas Umberg
Legislator
Thank you. Alright. Anyone else wish to comment on AB 2246? Let's bring it back to committee. Seeing no questions or comments, Senator Ashby has moved the bill.
- Thomas Umberg
Legislator
Next one, Senator Caballero gets to move. Alright. Would you like to close?
- Thomas Umberg
Legislator
Thank you very much. Committee assistant Porter, please call the roll.
- Committee Secretary
This is file item number 70, AB 2246. The motion is do passed to the Senate Appropriations Committee. Umbrick? Aye. Umbrick, Aye.
- Committee Secretary
Milow, Aye. Allen Aye. Reyes, Aye. Reyes, Aye. Stern, Valadares, Wahab, Weber Pearson, Weiner.
- Thomas Umberg
Legislator
90. Put that on call. Alright. Now that we've concluded the work of the committee, we'll get ready Oh, I'm sorry. So, let me do make an announcement before Mister Chavez Zibur.
- Thomas Umberg
Legislator
I I don't know why you didn't focus on the Chavez part, but in any event, so we would ask that all committee members present themselves because this these are the last two bills. This is the last author. After we're done, after Mister Ziburr presents his bills, we would like to call the roll one time and one time only. It's gonna take us a very long time to call the roll. So if you hear me, please present yourself in Room 2100.
- Thomas Umberg
Legislator
If your staff of one of the members is not here, please arrest that person and bring them here. Alright. So, Mister Ziburr.
- Rick Chavez Zbur
Legislator
Sounds great. I am looking forward to when we go back to reverse alpha order. So with that, thank you for
- Rick Chavez Zbur
Legislator
Thank you, Mister Chair, members. I'm proud today to present AB 169 sponsored by the Communication Workers of America District Council nine. First, I'd like to thank the Chair, for his work on this and your consultants, for your excellent committee analysis. This bill restores a basic expectation. When Californians need help, essential services, they can reach a real human being in a reasonable amount of time.
- Rick Chavez Zbur
Legislator
During the COVID pandemic, I spent more than four hours on hold at one point on the phone trying to get medication for my then 98 year old mother. After getting nowhere and being on hold, I ended up driving to the pharmacy to deal with the situation and actually showed them how long I'd been on hold holding up my phone, as I watched while the phone was ringing and they were not answering it.
- Rick Chavez Zbur
Legislator
I was forced to go out in public at the height of the pandemic, risking contracting COVID myself and actually bringing out COVID back into the home and exposing my 98 year old mother. That could have been prevented if I'd been able to reach a human being.
- Rick Chavez Zbur
Legislator
It's not only COVID that makes this an issue. People are trying to get basic services, basic medication, people that are housebound and need to drive to look then can't drive to location. They need to have the ability to get their needs met. Today, too many people are trapped in phone trees, AI chat box and chat box and endless hold times when dealing with health care, utilities, housing, and travel emergencies, and others things.
- Rick Chavez Zbur
Legislator
Being able to reach a real human customer service agent can be critical or life threatening at times.
- Rick Chavez Zbur
Legislator
Customers need to be able to promptly fill a medication to prevent their utilities from getting shut off and to access time sensitive information for scheduling purposes. AB 1609 ensures meaningful access to live assistance by one, requiring large businesses to offer access to a live human representative during business hours. Two, limiting hold times after telephonic call or online customer service inquiries answered. Requiring transparency including clear disclosure of AI use and prohibiting AI from being presented as human.
- Rick Chavez Zbur
Legislator
And finally, prominently displaying a phone number if one is made available for live assistance.
- Rick Chavez Zbur
Legislator
AB 1609 does not ban automation. Under this bill, businesses may continue to use AI and automated systems. However, automation cannot replace real and vital workers or be used as a barrier that prevents people from reaching prompt effective help. This bill not only provides needed customer protections when customer service is needed, it also recognizes the critical importance of human workers. Today, you'll hear from opposition that there continue to be some concerns with this proposal.
- Rick Chavez Zbur
Legislator
I also believe you'll hear how hard we have worked with our opposition, communicated with them to listen and address their concerns. I've amended AB 1609 significantly, twice now, in Policy Committee to address legitimate concerns, and we will continue to discuss outstanding legitimate concerns, and we continue to have ongoing meetings with different business segments.
- Rick Chavez Zbur
Legislator
Some of the amendments that we have made to the bill, since it was first introduced, including adding a reasonable effort standard, extending the time thresholds, adding a callback option as a compliance option, clarifying in certain terms that this proposal is not requiring telephonic customer service if that is not currently offered in an online customer service support platform, adding an exception for unseen circumstances where specific time frames cannot be met.
- Rick Chavez Zbur
Legislator
We've also accepted the chamber suggestions regarding hours of operation, limiting it to existing ten hours during existing operating hours for those businesses. And we're actually also continuing to talk to some business segments about adding some more flexibility on the hours of operations piece.
- Rick Chavez Zbur
Legislator
I've also added a number of amendments that are targeted to specific circumstances for certain industries. I've committed to continue working with opponents of the bill and we will ensure that the business to business line, that a business to business line carve out is included in the bill. We've been working with the chamber actively, with our bill sponsor and, committed to, making sure that we get something that works there. Mister Chair and members, this bill is simple.
- Rick Chavez Zbur
Legislator
Given the accelerated deployment of AI and increasing difficulty trying to reach an actual person, this bill ensures that we can talk to a human being when we most need human customer support.
- Rick Chavez Zbur
Legislator
I've gotta tell you this is probably my most popular bill. Every place I go, people ask me about it. People are lauding it. They - people are having problems and they need it. So I ask for your aye vote at the appropriate time.
- Rick Chavez Zbur
Legislator
With me today to testify in support of the bill is Ignacio Hernandez representing the bill sponsored the Communication Workers of America District Council 9.
- Ignacio Hernandez
Person
Thank you. Good evening, Mister Chair and members. I'll keep it brief. Ignacio Hernandez on behalf of Communication Workers of America District nine, which covers California, Nevada, and Hawaii. We are the sponsors of the bill.
- Ignacio Hernandez
Person
As the author indicated, there are instances where consumers wanna be able to access a live human customer service representative. I'm one of those individuals. I press the button all the time to get a live representative and occasionally have to elevate my voice, volume, yelling at the phone to say, give me a representative. But these are real challenges for those individuals that are trying to access services or access a business where they need help.
- Ignacio Hernandez
Person
But also for the everyday worker who does not have the flexibility and time to be on hold for four hours at a time to resolve issues, getting to a live person to deal with issues that cannot be addressed simply through AI and simply through simple phone trees.
- Ignacio Hernandez
Person
This is a way to get to a live person when they need it. As the author indicated, these are a lot of changes have been made, a lot of amendments and flexibility have been built in, and we will continue to address some of the issues and discussions with the opposition. Let me just add that businesses that have been increasing technology, they have been rolling back call centers, and they have been rolling back and replacing workers with AI and other technology when it comes to customer service.
- Ignacio Hernandez
Person
And honestly, our workers are really not replaceable. For those reasons, we ask for your aye vote.
- Connor Gusman
Person
Connor Gusman, on behalf of the Amalgamated Transit Union, the Engineers and Scientists of California, Unite Care International, the California Conference Board of Machinists, Teamsters California, and the Utility Workers Union of America: all in support. Thank you.
- Danielle Kando-Kaiser
Person
Danny Kando-Kaiser, on behalf of the California Low Income Consumer Coalition and Tech Equity, in support.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in support, please come forward. AB 1609. Alright. If you're in opposition, come forward, please.
- Ronak Daylami
Person
Thank you. Ronak Deilami with Cal Chamber in opposition to AB 1609. Let me start by thanking the author for prior amendments and especially the amendments coming out of the prior committee. They significantly streamline the bill and also align important terminology making it easier to understand our obligations. That being said, there are still critical issues that we need to continue to work through.
- Ronak Daylami
Person
These include, as mentioned, the exclusive business lines definition, which as adopted, does not provide the B2B exemption we need for non-customer communications. We've had productive conversations with the author, as indicated, and also the sponsor to better understand the divide, and we are working with our members, to see if we can find an alternative that threads the needle.
- Ronak Daylami
Person
I do wanna be very transparent, though, that we do have some significant reservations, as it does mean expanding the scope to include B2B communications that we did not really understand to be the focus of the bill. And we are concerned that makes compliance less realistic and feasible. But we are in good, faith gonna try to work on that.
- Ronak Daylami
Person
Next, we still believe that it's important to amend customer to clarify that residency is based on an account holder's billing address as suggested in our red lines to avoid case-by-case determinations of a caller's location and applicability of 1609.
- Ronak Daylami
Person
There are also several others, straightforward fixes that would meaningfully improve implementation and feasibility as, indicated in our prior red lines, including narrowing the bill to existing rather than prospective customers and focusing the bill to circumstances that require escalation from an automated system to requiring prompts, human support. On liability and good faith, we appreciate commercially reasonable and practicable compliance standard, but we ask for the removal of the added phrase, "Designed and intended to achieve compliance as that undermines the certainty of the safe harbor."
- Ronak Daylami
Person
And while we appreciate the move to tiered penalty structure, we still ask for lower penalties and an opportunity to cure, for a first violation and limits on liability for isolated or inadvertent errors. And finally, for today, we still seek clarification that unforeseen circumstances beyond a business' reasonable control, still include unpredictable events such as IT and telecom outages, grid emergencies, and PSPS events, which I do think we have some alignment on.
- Ronak Daylami
Person
Yes, sir. I was just wrapping up. We don't think these are unreasonable ask, and we are hopeful that we're gonna be able to get somewhere with the author on this. We urge a no vote. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Alright. Others in opposition, please come forward.
- Chris McCauley
Person
Mister Chair, Chris McCauley on behalf of the Civil Justice Association of California. Respectfully oppose unless amended.
- Naomi Padron
Person
Good evening, Chair and members. Naomi Padron, on behalf of California's Credit Unions, as well as California Manufacturers and Technology Association and the Computer and Communications Industry Association: all opposed was amended. Thank you.
- Dylan Hoffman
Person
Good evening. Dylan Hoffman on behalf of Technet and APCIA; align our comments with the Chamber in opposition. Thanks.
- Chloe King
Person
Chloe King, on behalf of the California Travel Association, respectfully opposed. Thank you.
- Ashonte Smith
Person
Ashonte Smith with the Silicon Valley Leadership Group with an opposed unless amended. Thank you.
- Jacob Brint
Person
Jacob Brint with the California Retailers Association. We do not currently have a position on the bill. We just wanna thank the author for working with us for some of the concerns we do have.
- Thomas Umberg
Legislator
Alright. Thank you for the thank you. Alright. Let's bring it back to committee for follow-up questions.
- Connor Gusman
Person
Sorry. I've just been asked to convey the support of the Labor Federation of California. Okay.
- Thomas Umberg
Legislator
That one too. Got it. Okay. Questions, comments by committee members? Questions, comments?
- Roger Niello
Legislator
Yes. Thank you. Thank you, Mr. Chair. I will stipulate that some automated calling systems can be very frustrating and some aren't.
- Chris McCauley
Person
And it's the quality of the company's approach to it that makes the difference. That's how companies compete in the marketplace. And with regard to customer handling through telephonic communications, the company that does best will win. And I think that's the best way to handle it. I don't think that government should be dictating how to handle it.
- Thomas Umberg
Legislator
Okay. Other comments or questions? Seeing none, is there a motion? Senator Caballero moves the bill? No?
- Thomas Umberg
Legislator
Oh, Senator Reyes moves the bill. Alright. Got it. Alright. Any Alright.
- Rick Chavez Zbur
Legislator
Again, I just wanna thank the the folks in the chamber. I think there's a number of things actually that are on the - they're on the list that I think we had already agreed to make. But, you know, there's still some fine tuning of the bill. We're continuing to do that over the course of the summer before this comes on the floor. We really wanna thank our bill sponsor who spent an incredible amount of time.
- Rick Chavez Zbur
Legislator
And I do wanna point out that, you know, this is also important to make sure that human beings, when they're needed, that we're actually protecting their jobs as well. So, that's an important part of this bill, an important goal. So, with that, I respectfully ask your aye vote.
- Thomas Umberg
Legislator
Thank you very much. I think we have a full committee. Almost. We're getting very close to a full committee. Alright.
- Thomas Umberg
Legislator
Missus Porter, the bill has been moved by Senator Reyes. Please call the roll.
- Committee Secretary
This is file item number 73, AB 1609; the motion is do passed to the Senate Appropriations Committee. [Roll Call].
- Rick Chavez Zbur
Legislator
Thank you, Mister Chair, members. Thank you for speaking around and coming back. Today, I'm proud to present AB 1693, which will support the state's diverse brick and mortar retail sector. In California, the retail industry directly employs more than 3,000,000 Californians across 500,000 retail establishments supporting statewide local economies. This sector is one of California's largest small business employers providing jobs, career advancement opportunities, and pathways to financial security for entrepreneurs from historically underserved communities.
- Rick Chavez Zbur
Legislator
Across California, small business and retail establishments face unpredictable local permitting processes for tenant improvements that create significant hardships, such as increased project costs, delayed business operations, and stagnant economic activity. When unnecessary permitting delays prevent business owners from taking on needed interior improvements to an existing building, it hurts not only the business, but the workforce and the surrounding community. Current law creates a streamlined approval process for restaurants seeking these types of projects.
- Rick Chavez Zbur
Legislator
Establishing a similar model for retail projects will be essential for small businesses that thrive in California. The AB 1693 aims to address this by requiring local building departments to allow a licensed architect or engineer serving as a qualified professional certifier to review tenant improvements and ensure those improvements meet all applicable building health and safety codes.
- Rick Chavez Zbur
Legislator
The bill would require local building departments to approve or deny the tenant improvement permit application within twenty business days of receiving the complete application. Additionally, this bill would authorize the applicant to resubmit corrected plans addressing the deficiencies identified in the initial denial, limit the local building department's review of each subsequent resubmission to the deficiencies identified in that initial denial and require local building department to approve or deny each subsequent resubmission within ten business days of receipt.
- Rick Chavez Zbur
Legislator
AB 6093 is critical at reducing these permitting delays, and will promote economic activity throughout the state while maintaining appropriate safety and compliance standards. I wanna note that the bill does not it no longer allows self certification. We we agreed to language, as a result of our work with our labor partners that, removed the deemed approved language.
- Rick Chavez Zbur
Legislator
So now, certified review can only, certified reviewers can only review plans, but cannot approve them. The responsibility of approval remains with the local department. So, thank you. With that, I respectfully ask for your Alright. Thank you.
- Rick Chavez Zbur
Legislator
I actually have I have Mister Jacob Britt from the Retailers Association.
- Jacob Brint
Person
Chair and members. My name is Jacob Britt with the California Retailers Association, proud cosponsors of AB 1693. CRA represents all aspects of the retail industry, many of the stores you see in your districts. I'm going to cut this a little shorter in interest of time. Today, our member, members report permit reviews routinely taking nearly twelve weeks on average and in some jurisdictions more than thirty one weeks.
- Jacob Brint
Person
To provide a recent example, one member told us an application submitted in April still hasn't been reviewed with, without an approval by July, they'll miss the opportunity to complete construction before the holiday season, which is a make or break time for many retailers. These delays increase cost, delay investment, and can force projects to be abandoned for retailers large and small. AB 1693 provides a certainty retailers need to invest in their stores and communities.
- Jacob Brint
Person
We greatly appreciate, Assemblymember's of Burr's partnership on this bill and respectfully ask for your eye vote. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Alright. Others in support of AB 1693, Please hustle up to the microphone. Seeing no one coming forward, let's turn the opposition. We only have City of Camarillo listed in opposition of City of Camarillo's here.
- Thomas Umberg
Legislator
Please come forward. Seeing no one from Camarillo, any other opposition? AB 1693 going once, going twice. Let's bring it back committee for questions and a motion. Oh my goodness gracious.
- Thomas Umberg
Legislator
Everyone moves the bill, but I'm gonna give it to Senator Wahab. She was first.
- Thomas Umberg
Legislator
Oh, I'm sorry. I'm sorry. I am sorry. I'm sorry. Senator Laird moves the bill.
- Thomas Umberg
Legislator
God, must be popular. Everybody's fighting over you. Alright. Would you like to close? I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Okay. Thank you. Alright. Committee assistant porter, please call the roll.
- Committee Secretary
This is file item 74 AB 1693. The motion is do passed to the Senate Appropriations Committee. Umberg?
- Committee Secretary
Weber Pearson. Webber Pearson, Aye. We are we are Aye, twelve to zero.
- Thomas Umberg
Legislator
Call the absent member. Stern? Never mind. Alright. We'll put that on call.
- Thomas Umberg
Legislator
Pretty sure it's gonna get out. Alright. So let's start at the very top. We're gonna do this once, and I hope once only. So starting with number one, AB 2393, committee assistant quarter.
- Thomas Umberg
Legislator
Oh, consent calendar. Okay. Good idea. Alright. Let's do the consent calendar.
- Unidentified Speaker 004ID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Nilo?
- Unidentified Speaker 004ID Pending
Caballero, Aye. Durazo? Durazo, Aye. Laird Laird, Aye. Reyes?
- Unidentified Speaker 004ID Pending
File item number 16, AB 2035. This needs a motion.
- Unidentified Speaker 004ID Pending
Valadares, aye. Wahab? Aye. Wahab, aye. Weber Pearson?
- Unidentified Speaker 004ID Pending
Aye. Weber Pearson, aye. Weiner? Aye. Weiner, aye.
- Committee SecretaryID Pending
13 to zero. Bill is out. File item number 17, AB 2247 needs a motion.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, aye. Nilo?
- Committee SecretaryID Pending
Valadares, Aye. Wahab. Wahab, Aye. Weber Pearson, Aye. Weiner, Aye.
- Committee SecretaryID Pending
File item number 20AB18O7. Aye. Caballero, Aye. Durazo. Senator
- Committee SecretaryID Pending
Aye. Wahab, aye. Weber Pearson? Aye. Weber Pearson, aye.
- Committee SecretaryID Pending
Weiner? Aye. Weiner, aye. Senator Draza, did you vote aye? Okay.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg?
- Committee SecretaryID Pending
The motion is to pass to the Senate Appropriations Committee. Umberg? Aye. Umberg, aye. Nilo?
- Committee SecretaryID Pending
Valadares, Aye. Wahab? Aye. Wahab, Aye. Weber Pearson, Aye.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Nilo? Aye. Nilo, Aye. Allen? Allen, Aye. Ashby? Aye. Ashby, Aye. Caballero? Aye. Caballero, Aye. Durazo? Aye. Turazo, Aye. Laird? Aye. Laird, Aye. Reyes? Aye. Reyes, Aye. Stern. Aye. Stern, Aye. Valadares. Valadares, Aye. Wahab. Aye. Wahab, Aye. Weber Pearson. Aye. Weber Pearson, Aye. Weiner. Aye. Weiner, Aye. 13 to zero. 130. Bill is out.
- Unidentified Speaker 004ID Pending
Ashby, Aye. Caballero? Aye. Caballero, Aye. Durazo?
- Unidentified Speaker 004ID Pending
Stern, Aye. Valadares. Valadares, Aye. Wahab. Aye.
- Unidentified Speaker 004ID Pending
Wahab, Aye. Weber Pearson. Aye. Weber Pearson, Aye. Weiner.
- Unidentified Speaker 012ID Pending
There's no amendments. No. There's no amendments. Who's staffed it? Sorry.
- Unidentified Speaker 012ID Pending
You. And there's no commitment for amendments. Right?
- Thomas Umberg
Legislator
Okay. Let's start over on we're on AB 1722 by file number 25. Let's start over.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Nilo?
- Committee SecretaryID Pending
Weber Pearson, Aye. Weiner. Aye. Weiner, Aye. 12 to zero.
- Committee SecretaryID Pending
File item number 26, AB 1720. Chair voting no. The motion is do passed to the Senate Appropriations Committee. Allen? Allen, Aye.
- Committee SecretaryID Pending
File item number 28, AB 1842. Chair voting, aye. Allen? Aye. Allen, aye.
- Committee SecretaryID Pending
I didn't actually mean to Wahab, Aye. Weber Pearson, Aye. Weiner? Aye. Weiner, aye.
- Committee SecretaryID Pending
File item number 29, AB 1847. Chair voting, aye. Nilo? Allen. Allen Aye.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg. Aye. Umberg, Aye. Nilo.
- Committee SecretaryID Pending
Aye. Wahab, Aye. Weber Pearson? Aye. Weber Pearson, Aye.
- Committee SecretaryID Pending
The motion is to pass to the Senate Appropriations Committee. Umberg?
- Committee SecretaryID Pending
Aye. Aladares, aye. Wahab, aye. Weber Pearson? Weber Pearson, aye.
- Committee SecretaryID Pending
File item number 30 five, AB 1854. This needs a motion.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg?
- Committee SecretaryID Pending
Aye. Wahab, Aye. Weber Pearson? Aye. Weber Pearson, Aye.
- Committee SecretaryID Pending
File item number 37AB2495. Chair loading, aye. Allen? Aye. Allen, aye.
- Committee SecretaryID Pending
Weber Pearson, Aye. Weiner? Aye. Weiner, Aye. 13 to zero.
- Committee SecretaryID Pending
File item number 39AB2. Chair voting, Aye. Allen? Aye. Allen, Aye.
- Unidentified Speaker 012ID Pending
Excuse me. Sorry to interrupt. Senator Weiner wants to make sure he voted on the last bill. Yes.
- Thomas Umberg
Legislator
That you already voted previously. That's fine. Yeah. Okay. Alright.
- Committee SecretaryID Pending
File item 40 AB 649, Chair voting aye, vice Chair voting no. Allen, Aye. Ashby? No. Ashby, no.
- Committee SecretaryID Pending
File item number 41, AB 883. Chair not yet having voted. Umberg? Aye. Umberg, aye.
- Committee SecretaryID Pending
Aye. Weber Pearson, Aye. Weiner. Weiner, Aye. 13 to zero.
- Committee SecretaryID Pending
File item number 42AB17O9, Chair voting aye. Allen? Aye. Allen, aye. Ashby?
- Committee SecretaryID Pending
Reyes, Aye. Valadares? Aye. Valadares, Aye. Wahab, Aye.
- Committee SecretaryID Pending
Weber Pearson? Right. Weber Pearson, Aye. Weiner. Weiner, Aye.
- Committee SecretaryID Pending
File item number 43, AB18O3. Chair not yet having voted. Umberg. Hi. Umberg, Aye.
- Committee SecretaryID Pending
Allen. Allen, Aye. Ashby. Ashby, Aye, Caballero. Caballero, Aye, Durazo.
- Committee SecretaryID Pending
Stern, Aye, Valadares. Wahab. Wahab, Aye. Weber Pearson.
- Committee SecretaryID Pending
Weber Pearson, Aye. Weiner. Weiner, Aye. 43. 11 to one.
- Thomas Umberg
Legislator
11 to zero. The bill is out. Bill's out. Oh. Are we gonna have to separate you?
- Thomas Umberg
Legislator
Are we gonna have to separate you guys down there? It's getting boring. It's getting boring. Alright. Okay.
- Thomas Umberg
Legislator
So here's the thing is that, committee assistant Porter is having a difficult time recording our votes. So I know how much we like hanging out with one another, but why don't we just focus? Alright. Committee assist supporter. What's next?
- Committee SecretaryID Pending
File item 45, AB 1128. The motion is do pass. Chair voting, Aye. Alan. Alan?
- Unidentified Speaker 012ID Pending
I'm I'm only saying this because they need to know what they're dealing with. They weren't here.
- Unidentified Speaker 012ID Pending
So something came up during the hearing, which was
- Thomas Umberg
Legislator
Committee supporter, why don't we start over again? File number 45.
- Committee SecretaryID Pending
File item number 45, AB 1128. The motion is to pass. Chair voting aye. Vice Chair voting no. Allen?
- Committee SecretaryID Pending
Valadares, no. Weber Pearson? Aye. Weber Pearson, Aye. Eight to two.
- Committee SecretaryID Pending
The motion is to pass as amended to the Senate Appropriations Committee. Umberg.
- Thomas Umberg
Legislator
We need 7, right? 6 to 3. Let's go through the role one more time.
- Thomas Umberg
Legislator
Six to three, Bill fails, reconsideration granted. You never know.
- Committee SecretaryID Pending
The motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Nilo?
- Committee SecretaryID Pending
Weber Pearson, Aye. Weiner. Stern. Stern Aye. 10 to two.
- Committee SecretaryID Pending
The motion is to pass as amended to the Senate Appropriations Committee. Umberg?
- Committee SecretaryID Pending
The motion is to pass to the Senate Appropriations Committee. Umberg?
- Committee SecretaryID Pending
The motion is do passes amended to the Senate Appropriations Committee. Umberg?
- Committee SecretaryID Pending
Durazo, Aye. Laird layered, Aye. Reyes? Reyes, Aye, Stern.
- Committee SecretaryID Pending
Stern, Aye, Valadares. Aye. Valadares, Aye, Wahab. Aye. Wahab, Aye, Weber Pearson.
- Committee SecretaryID Pending
Aye. Weber Pearson, Aye, Weiner. Aye. Weiner, Aye. 13 to zero.
- Committee SecretaryID Pending
File item number 51AB882 was pulled. So file item number 52AB1772, Chair voting aye. Allen? Allen, aye. Ashby?
- Committee SecretaryID Pending
Aye. Wahab, Aye. Weber Pearson? Aye. Weber Pearson, Aye.
- Committee SecretaryID Pending
File item number 53AB1184. Chair voting, Aye. Allen? Allen, aye. Ashby?
- Committee SecretaryID Pending
Durazo, aye. Reyes? Reyes, aye. Valadares? Valadares, aye.
- Committee SecretaryID Pending
Weber Pearson. Oh, Aye. Weber Pearson, Aye. 13 to zero. 130.
- Committee SecretaryID Pending
Bill's out. File item number 54AB12 67, Chair voting aye. Allen? Aye. Allen, aye.
- Committee SecretaryID Pending
File item number 56, AB 1853. This needs a motion. So moved.
- Committee SecretaryID Pending
The motion is to pass as amended to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Nilo?
- Committee SecretaryID Pending
Weber Pearson, Aye. Weiner. Aye. Weiner, aye. 11 to zero.
- Committee SecretaryID Pending
File item number 58AB2031. Chair voting, aye. Allen? Allen, aye. Caballero?
- Committee SecretaryID Pending
File item number 59, AB 1881. This needs a motion. So moved.
- Committee SecretaryID Pending
Motion is do passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Nilo?
- Committee SecretaryID Pending
Stern, Aye. Valadares? Wahab. Wahab, Aye. Weber Pearson.
- Committee SecretaryID Pending
Weber Pearson, Aye. Weiner. Weiner, Aye. Well, he has put
- Thomas Umberg
Legislator
Sure. We We're not done. We're not we're not close to being done yet, though. No.
- Committee SecretaryID Pending
But they're leaving because they're caught up as we only have one more
- Thomas Umberg
Legislator
We're not we're not close to being done yet, though. Oh, alright. Alright. Let's take a class photo. Okay. Do we need the clock in the photo? No. Yeah. I'm kidding. We don't want the yeah. Alright. I'm gonna give quick direction. The corners on the sides, please just squeeze in a little bit more. Hey.
- Unidentified Speaker 024ID Pending
Alright. I'm gonna give quick direction. The corners on the sides, please just squeeze
- Thomas Umberg
Legislator
Oh, is that the higher ed thing? Or which one is that? Alright. Back to business. Okay.
- Committee SecretaryID Pending
File item number 60, AB 839, Chair voting aye. Allen? Allen, aye. Caballero? Aye.
- Committee SecretaryID Pending
Stern, Aye. Valaderas. Valaderas, Aye. Valaderas, Aye. Wahab.
- Committee SecretaryID Pending
File item number 61, AB 2116, Chair voting, Aye. Alan? Allen, aye. Caballero? Aye.
- Committee SecretaryID Pending
File item number 62, AB 871, Chair voting aye. Alan? Aye. Alan, aye. Ashby?
- Committee SecretaryID Pending
Reyes, Aye. Valaderas? Valaderas, Aye. Wahab? Weber Pearson.
- Committee SecretaryID Pending
here. Weber Pearson, Aye. Weiner. Weiner, Aye. 13 to zero.
- Committee SecretaryID Pending
File item number 65AB2335. Chair voting, aye. Nilo, Allen, Allen, aye. Caballero? Aye.
- Committee SecretaryID Pending
Stern, Aye. Valadares. Right. Valadares, Aye. Valadares, Aye.
- Committee SecretaryID Pending
Wahab. File item number 66, AB 2409. Chair voting, aye. Allen? Allen, aye.
- Committee SecretaryID Pending
Alright. File item number 67 was pulled. File item number 68AB19O3. Chair voting, aye. Allen?
- Committee SecretaryID Pending
File item number 69AB1946. Chair voting, aye. Allen? Aye. Allen, aye.
- Committee SecretaryID Pending
File item number 70, AB 2246. Chair voting, Aye. Allen? Allen, Aye. Stern?
- Committee SecretaryID Pending
File item number 71, AB 16O8. Chair voting, Aye. Allen? Allen, aye. Caballero?
- Unidentified Speaker 027ID Pending
Is that right? Oh, wait. No. This one I'm I I have seen on earlier, and I will continue to stay.
- Thomas Umberg
Legislator
12 zero bill is out. Alright. And, as we leave, special thank you to staff, all the staff. They've been working sixteen hours a day for the last several weeks. We're very, very blessed to have them here. So we will we're adjourned till call of the Chair. Thank you.