Each year the California Chamber of Commerce releases a list of “job killer” bills to identify legislation that will decimate economic and job growth in California. The CalChamber will track the bills throughout the legislative session and work to educate legislators about the serious consequences these bills will have on the state.
The list is preliminary at this point because CalChamber expects to add more bills to the list in the coming weeks as legislation is amended. CalChamber will periodically release “job killer” watch updates as legislation changes.
The preliminary list of 2015 “job killer” bills follows:
Increased Labor Costs
AB 357 (Chiu; D-San Francisco) Predictable Scheduling Mandate/Protected Leave of Absence — — Imposes an unfair, one-size fits all, two-week notice scheduling mandate on certain retail and food employers that penalizes these employers with “additional pay” for making changes to the schedule with less than two weeks notice, and additionally imposes a new, protected leave of absence from work for employees who are seeking public assistance.
SB 3 (Leno; D-San Francisco/ Leyva; D-Chino) Automatic Minimum Wage Increase — Unfairly increases’ employers costs while ignoring the economic factors or other costs of employers by increasing the minimum wage by $3.00 over the next two and a half years with automatic increases tied to inflation.
SB 406 (Jackson; D-Santa Barbara) Significant Expansion of California Family Rights Act — Creates less conformity with federal law by dramatically reducing the employee threshold from 50 to at least 25 employees and expanding the family members for whom leave may be taken, which will provide a California-only, separate 12 week protected leave of absence for both small and large employers to administer, thereby increasing costs and risk of litigation.
SB 563 (Pan; D-Sacramento) Significant Increase in Workers’ Compensation Costs — Exposes injured workers to potentially inappropriate treatment, undercuts the recent workers’ compensation reforms, and significantly increases workers compensation costs by eliminating the Utilization Review and Independent Medical Review process for many treatment requests.
Increased Fuel Costs
SB 350 (de León; D-Los Angeles) Costly and Burdensome Regulations — Potentially increases costs and burdens on all Californians by mandating an arbitrary and unrealistic reduction of petroleum use by 50%, increasing the current Renewable Portfolio Standard to 50% and increasing energy efficiency in buildings by 50% all by 2030 without regard to the impact on individuals, jobs and the economy.
ACA 4 (Frazier; D-Oakley) Lowers Vote Requirement for Tax Increases — Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.
AB 1357 (Bloom; D-Santa Monica) Targeted Tax — Threatens jobs in beverage, retail and restaurant industries by arbitrarily and unfairly targeting certain beverages for a new tax in order to fund children’s health programs. Failed passage in the Assembly Health Committee, 05/12/15. Reconsideration Granted.
SB 684 (Hancock; D-Berkeley) Increased Tax Rate — Threatens to significantly increase the corporate tax rate on publicly held corporations and financial institutions up to 15% according to the wages paid to employees in the United States, and threatens to increase that rate by 50% thereafter, if the corporation or institution reduces its workforce in the United States and simultaneously increases its contractors.
SCA 5 (Hancock; D-Berkeley) Lowers Vote Requirement for Tax Increases — Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners by giving local governments new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to 55%.
Increased Burdensome Environmental Regulation
AB 356 (Williams; D-Santa Barbara) Limits In-State Energy Development — Jeopardizes high paying middle class jobs in resource extraction fields by severely restricting wastewater injections sites and requiring unnecessary monitoring of those sites.
AB 1490 (Rendon; D-Lakewood) Limits In-State Energy Development — Drives up fuel prices and energy prices by imposing a de facto moratorium on well stimulation activities by halting the activity after an earthquake of a magnitude 2.0 or higher.
SB 32 (Pavley; D-Agoura Hills) Halts Economic Growth — Increases costs for California businesses, makes them less competitive and discourages economic growth by adopting further greenhouse gas emission reductions for 2030 and 2050 without regard to the impact on individuals, jobs and the economy.
SB 654 (de León; D-Los Angeles) Imposes Unjustifiable Legal Violations on Hazardous Waste Permit Applicants — Discourages investment in upgrading and improving hazardous waste facilities by deeming a hazardous waste permit applicant in violation of the law if the Department of Toxic Substances Control fails to take final action on the permit application within a specified timeframe, even if the permit applicant acted diligently and in good faith throughout the permit application process.
Increased Health Care Costs
SB 546 (Leno; D-San Francisco) Health Care Rate Regulation — Threatens employers with higher premiums and interferes with their ability to negotiate with health plans by imposing unnecessary and burdensome new reporting requirements on health plans and insurers in the large group market. “Job killer” tag removed due to April 30 amendments eliminating authorization for state regulators to veto or unilaterally alter large-group rate changes, but CalChamber remains opposed.
Economic Development Barriers
AB 359 (Gonzalez; D-San Diego) Costly Employee Retention Mandate — Inappropriately alters the employment relationship and increases frivolous litigation by allowing a private right of action and by requiring any successor grocery employer to retain employees of the former grocery employer for 90 days and continue to offer continued employment unless the employees’ performance during the 90-day period was unsatisfactory.
SB 576 (Leno; D-San Francisco) Stifles Mobile Application Technology Development — Stifles innovation and growth in the mobile application economy and creates unnecessary and costly litigation by mandating unnecessary, redundant and impractical requirements that will leave many current and future mobile applications unusable, with no benefit to the consumer.
Increased Unnecessary Litigation Costs
AB 244 (Eggman; D-Stockton) Private Right of Action Exposure — Jeopardizes access to credit for home mortgages, increasing the challenge to attract business to California because of high housing prices, by extending the homeowner’s bill of rights to others, thereby opening the door to more private rights of action.
AB 465 (Hernández; D-West Covina) Increased Litigation — Significantly drives up litigation costs for all California employers as well as increases pressure on the already-overburdened judicial system by precluding mandatory employment arbitration agreements, which is likely pre-empted by the Federal Arbitration Act.
SB 203 (Monning; D-Carmel) Lawsuit Exposure — Exposes beverage manufacturers and food retailers to lawsuits, fines and penalties based on state-only labeling requirements for sugar-sweetened drinks. Failed passage in the Senate Health Committee, 04/29/15. Reconsideration Granted.
Cumulative Job Killer Vetoes
2014: 27 “job killer” bills identified, 2 sent to Governor, signs 2;
2013: 38 “job killer” bills identified, 1 sent to Governor, signs 1;
2012: 32 “job killer” bills identified, 6 sent to Governor, 2 vetoed;
2011: 30 “job killer” bills identified, 5 sent to Governor, 4 vetoed;
2010: 43 “job killer” bills identified, 12 sent to Governor, 10 vetoed;
2009: 33 “job killer” bills identified, 6 sent to Governor, 6 vetoed;
2008: 39 “job killer” bills identified, 10 sent to Governor, 9 vetoed;
2007: 30 “job killer” bills identified, 12 sent to Governor, 12 vetoed;
2006: 40 “job killer” bills identified, 11 sent to Governor, 9 vetoed;
2005: 45 “job killer” bills identified, 8 sent to Governor, 7 vetoed;
2004: 23 “job killer” bills identified, 10 sent to Governor, 10 vetoed;
2003: 53 “job killer” bills identified, 13 sent to Governor, 2 vetoed;
2002: 35 “job killer” bills identified, 17 sent to Governor, 5 vetoed
2001: 12 “job killer” bills identified, 5 sent to Governor, 2 vetoed;
2000: No job killers identified. Of 4 bad bills identified at end of session, Governor Davis signs 2 and vetoes 2.
1999: 30 “job killer” bills identified, 9 sent to Governor, 3 vetoed;
1998: 64 “job killer” bills identified, 11 sent to Governor, 11 vetoed.
1997: 57 “job killer” bills identified, 9 sent to Governor, 9 vetoed.
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