SR-100-002 (6)
Commission on the Status of Women (COSW)\Staff Reports\SB11andAB36.doc
Council Meeting: September 11, 2001 Santa Monica, CA
To: Mayor and City Council
From: Santa Monica Commission on the Status of Women
Subject: Request City Council Support of State Senate Bill 11 (SB11) and State
Assembly Bill 36 (AB36) and Authorize Staff to Take Appropriate Action
Introduction
This report transmits a request from the Santa Monica Commission on the Status of
Women (COSW) to secure City Council support of SB11 and AB36 including provisions
that protect women’s health, and authorize staff to communicate the City’s position and
take appropriate action.
Background
On August 8, the COSW voted to request a letter from the City Council to Governor
Davis in support of two bills in the California State Legislature that they believe to be of
importance to women in California. SB11, (Escutia-Kuehl), and its companion measure,
AB36 (Steinberg), limit the use of “Secrecy Agreements” in cases where the public is at
most risk of repeat harm, including cases involving defective products, environmental
hazards, unfair insurance claims practices and financial fraud (Attachment I: SB11 and
Attachment II: AB36).
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Discussion
The Commission is concerned that when corporations which manufacture products
specifically marketed to women are allowed to keep consumer lawsuits against them
secret, without disclosure of health risks, women may be unnecessarily harmed.
Both bills propose to mitigate negative impacts by allowing public access to information
regarding products that may be defective through manufacturing, design or a failure to
adequately warn consumers of a hazard involved in use of the product where the defect
may result in personal injury to one or more persons. Further, the bills place the burden
on those demanding secrecy to show the Court that, among other things, there exists
an overriding interest that overshadows the right of public access to the evidence of
potential harm.
Supporters of SB11 and AB36 include the Attorney General, Consumer Attorneys of
California, Asbestos Workers International, California Labor Federation (AFL-CIO),
Foundation of Taxpayer and Consumer Rights, California Nurses Association and the
California District Attorneys Association. Opponents include American Insurance
Association, Alliance Pharmaceutical Corporation, Association of California Insurance
Companies, Clorox, Pfizer, Johnson & Johnson, and Intel.
Budget/Financial Impact
The recommendation of this report will have no budget or financial impact.
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Recommendation
The Commission recommends that the City Council support SB11 and AB36 and
authorize staff to take appropriate action including sending a letter to Governor Davis
requesting his signature on the measures.
Prepared for the Commission by: Karen Ginsberg, Acting Director
Susan Lai, Acting Manager
Betty Macias, Senior Administrative Analyst
Human Services Division
Community and Cultural Services Department
Attachment I: Senate Bill No. 11
Attachment II: Assembly Bill No. 36
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