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    1. [MarinGenSoc] Legislative Update - Sept 6, 2002
    2. Iris Jones
    3. LEGISLATIVE REPORT - SEPTEMBER 6, 2002 What can I say? It was a valiant effort? I told folks I would follow-up with details. That may be more than anyone would want to know. First, I need to address several more recent questions. Should we follow up now by writing the Governor asking for him to veto SB1614? Normally, this would be the obvious next step. Considering the Governor's stand on the bill, it might well be a futile effort. There is the fact that the bill, as it passed, was not the bill the Governor was looking for, so your guess is as good as mine. I have heard from several Senators who support our opposition, and mention that we should follow-up with messages to the Governor. HE has thirty days to sign it. Second issue: I have received a great deal of mail regarding the media interviews with Senator Speier and her statements that she was considering taking the privacy issues public in a referendum. After checking out what she said, I think many of you do not realize that the Senator had five privacy issue bill in this session. The issue she is talking about is her SB773. This bill went right down to the wire Saturday night. It really did get hi-jacked and she was forced to move the bill [which had little left in it that resembled her bill] to the Inactive File, hence killing her own bill. In my coverage I have only reported on legislation that pertains to our Mission Statements. As a not-for-profit organization we are limited in what we can, as an organization, lobby for or against. Of her five bills, only SB1614 and SB247 pertain to historical records and the preservation of those records. She and others in recent years have worked to limit personal information that can be shared or sold by companies, financial institutions and government agencies. Most the bills required giving the customer the 'opt-in' or 'opt-out' choice. Obviously, the cost of allowing folks to 'opt-in' for these organizations would be staggering, therefore, every time one comes up in legislation they bring out the big guns. A half dozen bills have passed which cover a single type company, such as the video stores or super market discount cards. But, every bill proposed that has attempted to cover the overall issue has so far failed. In fact, this is the Senator's second try. The Governor vetoed the one she got passed through the legislature last session. So, while this affects us as citizens, it does not affect us as researchers. To the bill itself. Considering the total devastation the original bill would have caused, we did win some stuff! That bill would have removed all indexes from public view with the exception of viewing them at county recorders or the State Health Dept. It would have removed the maiden names and social security numbers. It was designed to remove owner's rights from those who had previously purchased the CDs. But, our efforts along with those of other opposition groups; the problems with the budget shortfalls, and the costs of implementing the bill killed that language. It left the Senate with 'intent language' only. But the Senator assured Republican Leader Senator Brulte that the bill would go through the committee process when it came back from the Assembly. This never happened. The new language in the bill went directly to the Floor for a vote. By the time it left the Senate, the Senator had missed deadlines and had to get a wavier to continue to develop that bill. Rather than giving you a blow by blow, these next weeks were busy, hectic and very frustrating. My reports highlighted the activities. The language and amended language can all be seen on the Legislative Web site <http://www.sen.ca.gov>. It contains all the language, votes and analyses from the Committees. There were negotiations with the Dept of Health Services, Governor's staff and the Senator's people. Amendments were offered, counter offered by staff and opposition groups. It seemed never ending, a rush and wait game. I call it frustrating chaos, pros call it business as usually. It is disturbing to see up close and personal, how our state government is being run. We need to thank the wonderful staffers, counsels and aides that work at the Capitol. I have always found them to be friendly, helpful and supportive. They are a wonderful group of people. We owe a debt of gratitude the astute Assembly member Corbett, Chair of the Judiciary Committee. When language to limit the use of information of the previously sold CD's came up to be heard on the Floor, the Chairwoman realized that improper procedure was followed and had Senator Speier remove it before it went to the Floor for a vote. That language had not been in the amendments presented to Corbett's committee, and were placed in the bill after it went to suspense in the Appropriation Committee. The Senator did remove the language leaving no reference in SB1614 to the use of the previous CD information. Our thanks go to Assemblymen Rod Pacheco who instigated the Republican Caucus support for our opposition, and to Mark Redman Caucus Counsel for his dedicated help. A very special thanks should go to Assemblymen Prescetti, who stood up on the Floor of the Assembly to state our case in opposition of SB1614. He has been a friend to the community's needs for years. He has sponsored a bill to create the Historical Cemetery Commission to help preserve our historical cemeteries and an Adoptee's Right to Know bill. A very special thank you goes out to Senator Bowen. While we had the support of the Republican Caucus, their numbers could not kill the bill without some Democratic support. Senator Bowen is a long time supporter of the rights of the genealogical community, and a logical approach to the protection of personal information. She gets it! She came out on the floor in opposition to the bill. She had done her homework. She had the letters, fact sheets, lists and she even reads her Email. She had the facts and was better prepared than the author. She did win us some votes. Sadly, not enough of her fellow Senators got it. It is refreshing to see someone willing to get the facts and act on them. I could not get to first base with my own representatives in the Senate or the Assembly. We also thank the wonderful folks we worked with from the other opposition groups. This was one big job and it took a great effort on the part of many people who worked very hard to preserve our access to this very important information. You know who your are and the 'genealogy community' is grateful for your help and support. There are certainly lessons learned. This bill will not be the end of it. Even with its passage, the issues are open until funding can be found to enact its mandates, if the Governor signs it. I will bring you more follow-up on this and information on other bills we have been following in my next report. I also would like to thank each of you for your support, encouragement, and help. I apologize if you have not received a response to each of your Emails, but there has not been enough hours in the day. I will get back to you. To follow State Legislation, check the State Web site at http://www.sen.ca.gov> To be added to my Network, send your name, name of your organization, and E-mail address, to me indicating you wish to be added to the Legislative Network, <[email protected]>.---6 September 2002, CSGA Legislative Network Coordinator, Iris Carter Jones. [Permission granted to reprint Legislative reports. Please cite your source.]

    09/06/2002 12:45:36