​Job Killers 2013

Job Killers

Job Killers Overview & Archive

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2012 Job Killers Final Status

37 of 38 'Job Killer' Bills Fail in 2013

In 2013, 37 of the 38 "job killer" bills identified by the California Chamber of Commerce as harmful to economic and job growth in California failed to become law.

CAJobKillers.com - Highlighting California's job killing proposals, policies, regulations, and legislators.In 2012 CalChamber  unveiled  a new, one-of-a-kind website — CAJobKillers.com — which serves as a clearinghouse for all information related to those bills, regulations and policy makers deemed to be a threat to California’s ability to retain and create jobs.

See a visual 2013 Job Killers Recap.

Click on the bill numbers below for more information.

Costly Workplace Mandates

AB 5 (Ammiano; D-San Francisco) Increased Exposure to Frivolous Litigation — Imposes costly and unreasonable mandates on employers that could jeopardize the health and safety of others by creating a new protected classification of employees and customers who are or are perceived to be homeless, low income, suffering from a mental disability, or physical disability, and establishing a private right of action for such individuals that includes statutory damages, punitive damages, and attorney’s fees. With 4/30/13 amendments, “job killer” status removed. CalChamber still opposes. Held in Assembly Appropriations Suspense File 5/24/13.

AB 10 (Alejo; D-Salinas) Automatic Minimum Wage Increase — Unfairly imposes an automatic $2.00 increase in minimum wage over the next three years, that will continue to increase costs on employers of all sizes, regardless of other economic factors or costs that California employers are struggling with to sustain their business. Signed — Chapter 351, Statutes of 2013

AB 880 (Gomez; D-Los Angeles) Expansion of Discrimination Litigation and New Health Care Coverage Penalties — Discourages hiring of entry or re-entry workers, increases discrimination litigation and increases costs by taxing large employers with a penalty if any of their employees who work as little as 8 hours per week enroll in California’s Medi-Cal program and expands the Labor Code to include a protected classification for any person who is enrolled in California’s Medi-Cal program or in the California Health Benefit Exchange. Failed to pass the Assembly, 6/27/13.

AB 1138 (Chau; D-Alhambra) Massive Exposure to Civil Penalties and Liability — Inappropriately increases civil cases and civil penalties on employers by permitting civil action against those employers who fail to conspicuously post a list of every employee covered under an employer’s workers’ compensation insurance policy and to retain this list for five years.  With 4/16/13 amendments, “job killer” status removed. CalChamber still opposes. Missed deadline to pass from policy committee to fiscal committee in the house in which it was introduced.

SB 404 (Jackson; D-Santa Barbara) Expansion of Discrimination Litigation — Makes it virtually impossible for employers to manage their employees and exposes them to a higher risk of litigation by expanding the Fair Employment and Housing Act to include a protected classification for any person who is, perceived to be, or associated with an individual who provides medical or supervisory care to a listed family member. Held on the Assembly Appropriations Suspense File, 8/30/13.

SB 761 (DeSaulnier; D-Concord) Expansion of Paid Family Leave Program — Transforms the paid family leave program from a wage replacement program into a new protected leave of absence that will burden small and large businesses by allowing an employee to file litigation for any alleged retaliation or discrimination as a result of their intent, request, or use of the paid family leave program. Refused passage in Senate, 5/29/13. Reconsideration granted. Placed on Senate inactive file, 5/30/13. Missed deadline to pass the house in which it was introduced.

Economic Development Barriers

AB 52 (Gatto; D-Los Angeles) CEQA Consultation with Tribes — Creates new opportunities for CEQA litigation by requiring lead agencies to engage in “meaningful consultation” with Native American tribes regarding land use projects that could have an adverse impact on a tribal cultural resource. Senate Environmental Quality 9/5/13; Failed deadline.

AB 59 (Bonta; D-Alameda) Split Roll Parcel Tax — Potentially increases the tax burden on businesses by permitting local agencies to assess a higher parcel tax on commercial property than residential property, overturning an appellate decision that determined such taxes were unconstitutional. Missed deadline to pass from policy committee to fiscal committee in the house in which it was introduced.

AB 188 (Ammiano; D-San Francisco) Split Roll Change of Ownership — Unfairly targets commercial property by redefining “change of ownership” so that such property is more frequently reassessed, which will ultimately lead to higher property taxes that will be passed on to tenants, consumers, and potentially employees. Held on the Assembly Appropriations Suspense File, 5/24/13.

AB 288 (Levine; D-San Rafael) Threatens Use of Hydraulic Fracturing — Before amendments, imposed a de facto moratorium on the use of hydraulic fracturing in the state, driving up fuel and energy prices and harming the job market in these sectors, and fundamentally altered state policy related to energy production. With 5/28/13 amendments, “job killer” status removed. CalChamber still opposes.

AB 649 (Nazarian; D-Studio City) Moratorium on Hydraulic Fracturing — Substantially hinders oil and gas production in the state, driving up fuel and energy prices and harming the job market in these sectors, by prohibiting hydraulic fracturing and the use of fresh water in hydraulic fracturing until Cal/EPA re-authorizes the practice under a new regulatory scheme, if at all, in 2019. Held on the Assembly Appropriations Suspense File, 05/23/13.

AB 769 (Skinner; D-Berkeley) Creates Inequity in the Tax Structure — Harms struggling small businesses and start-ups by repealing the Net Operating Loss (NOL) carry back deduction, a lifeline that helps employers stay afloat, retain employees, and continue investing in their businesses in an economic downturn. Held on Assembly Revenue and Taxation Committee Suspense File, 5/13/13.

AB 823 (Eggman; D-Stockton) Mandatory CEQA Mitigation — Adds additional costs and hurdles to critically needed new infrastructure and development projects by imposing unreasonable, mandatory mitigation requirements whenever agricultural land is converted to another use. Missed deadline to pass from policy committee to fiscal committee in the house in which it was introduced.

AB 906 (Pan; D-Sacramento) Independent Contractors — Harms businesses that contract with the state by prohibiting the state from contracting for personal services unless specifically authorized by the Legislature and even then, significantly limits the duration of the contract. With 4/22/13 amendments, "job killer" status removed. With 5/24/13 amendments, CalChamber withdrew opposition and has no position

AB 953 (Ammiano; D-San Francisco) Increases CEQA Litigation — Invites more CEQA litigation over projects by overturning a recent court decision and allowing project opponents to challenge environmental documents that fail to adequately evaluate and mitigate impacts that environmental conditions such as sea-level rise and fault-lines have on the project. Held on the Assembly Floor inactive file, 05/31/13. Missed deadline to pass the house in which it was introduced.

AB 1301 (Bloom; D-Santa Monica) Moratorium on Hydraulic Fracturing — Substantially hinders oil and gas production in the state, driving up fuel and energy prices and harming the job market in these sectors, by imposing a moratorium on the use of hydraulic fracturing until the Legislature re-authorizes it through subsequent legislation that limits the conditions under which it can be conducted. Held on the Assembly Appropriations Suspense File, 5/24/13.

AB 1323 (Mitchell; D-Los Angeles) Moratorium on Hydraulic Fracturing — Substantially hinders oil and gas production in the state, driving up fuel and energy prices and harming the job market in these sectors, by prohibiting hydraulic fracturing and the use of fresh water in hydraulic fracturing until Cal/EPA re-authorizes the practice under a new regulatory scheme, if at all, in 2019. Refused passage on Assembly Floor, 5/31/13.

AB 1330 (J. A. Pérez; D-Los Angeles) New Double Penalties — Discourages investment and expansion in some disadvantaged regions of the state by doubling most fines and penalties issued by the Air Resources Board (ARB), Department of Toxic Substances Control (DTSC) and Air Quality Management Districts (AQMDs) on facilities located there. Placed on Senate Floor inactive file, 9/12/13.

ACA 3 (Campos; D-San Jose) 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 to support public safety services by giving local government new authority to enact a special tax, including parcel taxes, by lowering the vote threshold from two-thirds to only fifty-five percent.

SB 241 (Evans; D-Santa Rosa)  Oil and Gas Severance Tax: Fuel and Gas Price Increase — Drives up fuel prices for businesses and consumers by imposing a severance tax at the rate of 9.5% of the average price of the barrel of oil severed or 3.5% of the average price of each unit of gas, thereby discouraging production of oil and gas in this state. Held on the Senate Appropriations Suspense File, 5/23/13.

SB 365 (Wolk; D-Davis) Limitations on Tax Credits — Originally created uncertainty for California employers making long-term investment decisions by requiring that tax incentives end 10 years after their effective date. Gutted and amended 9/11/13 to deal with another subject, so opposition and “job killer” status removed. CalChamber has no position.

SB 622 (Monning; D-Carmel) 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. Held on the Senate Appropriations Suspense File, 5/23/13.

SB 686 (Jackson; D-Santa Barbara) Safety Recalls — Exposes car dealers to significant liability and precludes them from renting, leasing, loaning, or selling a car despite the lack of actual knowledge that the car was subject to a recall, that may or may not pose any imminent harm to the consumer or renter. Held in the Assembly Business and Professions Committee, 7/2/13.

SB 691 (Hancock; D-Oakland) Dramatically Increases Pollution Penalties — Dramatically increases existing strict-liability penalties for nuisance-based, non-vehicular air-quality violations without adequately defining what types and levels of pollution would trigger those penalties.  Placed on Assembly Floor inactive file, 9/12/13.

SCA 3 (Leno; D-San Francisco) 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 for education programs by giving school districts and community colleges new authority to enact a parcel tax from two-thirds to fifty-five percent. With 6/20/13 amendments, “job killer” status removed. CalChamber has no position.

SCA 4 (Liu; D-La Cañada Flintridge) 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 for local transportation projects by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

SCA 7 (Wolk; D-Davis) 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 to finance library construction by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

SCA 8 (Corbett; D-San Leandro) 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 for transportation projects by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

SCA 9 (Corbett; D-San Leandro) 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 to finance community and economic development projects by giving local government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

SCA 11 (Hancock; D-Oakland) 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 government new authority to enact special taxes, including parcel taxes, by lowering the vote threshold from two-thirds to fifty-five percent.

Expensive, Unnecessary Regulations

SB 395 (Jackson; D-Santa Barbara) Threatens All Oil and Gas Production —  Threatens all oil and gas production in California, driving up fuel and energy prices and harming the job market in these sectors, by requiring oil and gas generators to prove that produced water used in oil and natural gas wells is not hazardous before it can be disposed of in a disposal well, the most commonly used and cost-effective means of disposal available in California. Senate Floor inactive file, 5/30/13. Missed deadline to pass the house in which it was introduced.

SB 617 (Evans; D-Santa Rosa) Comprehensive CEQA Expansion — Inappropriately expands CEQA, slowing development and growth in the state and inviting more litigation over CEQA projects, by requiring lead agencies to evaluate and mitigate for potential impacts on a project caused by conditions in the environment like earthquakes, wildfires, flooding, and sea-level rise. Senate Floor inactive file, 05/30/13. Missed deadline to pass the house in which it was introduced.

SB 747 (DeSaulnier; D-Concord) Unnecessary New Regulatory Scheme — Establishes a costly, duplicative, and burdensome program that requires the Department of Public Health to regulate manufacturers of consumer products that the department determines contribute to a significant public health epidemic (i.e., obesity, diabetes, cancer, heart disease), and allows the department to restrict or prohibit the sale of such products. Senate Health 4/25/13; Failed Deadline.

SB 754 (Evans; D-Santa Rosa) Dramatic CEQA Expansion — Expands and incentivizes litigation under the California Environmental Quality Act (CEQA) and increases the complexity and cost of CEQA compliance by 1) Prohibiting a lead agency from asking a project proponent to draft an EIR, 2) forcing re-analysis of projects that are more than seven years old, 3) creating a new cause of action to allow anyone to stop a project by alleging a mitigation measure has not been implemented, and 4) removing limits on archeological resources mitigation fees. Held on the Senate Appropriations Suspense File, 5/23/13.

Inflated Liability Costs

SB 556 (Corbett; D-Hayward) Expanded Liability for Use of Independent Contractors — Before amendments, unfairly imposed liability on any contracting entity for the damages caused by the contractor or contractor’s employees, including wage-and-hour violations, penalties, fines, and willful misconduct, solely on the basis that the contractor or its employees wore a uniform similar to that of the contracting entity or drove a vehicle with the contracting entity’s logo. With 5/29/13 amendments, “job killer” status removed. With 6/19/13 amendments CalChamber withdrew opposition and has no position.

Related Top Stories - Job Killers 2013

11/12/2013 - CalChamber Issues Vote Record on Major Bills 2013
10/28/2013 - Final Status Report Reflects Impact of CalChamber Advocacy
09/27/2013 - Media Outlets Highlight CalChamber Success
09/13/2013 - CalChamber Stops Three ‘Job Killer’ Bills
09/12/2013 - ‘Job Killer’ Update: Automatic Minimum Wage Increase Even Worse
09/10/2013 - Legislative Update: Gut and Amend Creates New ‘Job Killer’ in Final Week of Session
09/09/2013 - ‘Job Killer’ Among Costly Proposals Held in Legislature
08/30/2013 - Action Needed: Help Stop Two 'Job Killer' Bills
08/27/2013 - Passing New Local Taxes Easier If Pending Proposals Become Law
08/22/2013 - Just Five 'Job Killer' Bills Alive as Legislative Session Nears End
08/15/2013 - 'Job Killer’ Bill Expanding Discrimination Litigation Held on Assembly Appropriations Suspense File
08/14/2013 - Dramatic Penalty Increase ‘Job Killer’ Passes Assembly Committee
08/13/2013 - ‘Job Killer’ Bill Held on Senate Appropriations Committee Suspense File
08/07/2013 - ‘Job Killer’ Bill Expands Discrimination Litigation
07/29/2013 - CalChamber Reports on Status of Major Business Bills
07/11/2013 - Assembly Passes Barrier to Economic Development
07/03/2013 - CalChamber Opposition Stops ‘Job Killer’ in Assembly Committee
07/02/2013 - Costly Workplace Bills Advance in Legislature
06/28/2013 - CalChamber Stops ‘Job Killer’ on Assembly Floor
06/24/2013 - Liability for Car Dealers/Rental Companies If Pending ‘Job Killer’ Bill Becomes Law
06/19/2013 - Senate Committee OKs Legislation to Make Passage of New Taxes Easier
06/18/2013 - Tenfold Penalty Increase Pending for ‘Nuisance’ Air Quality Violations
06/12/2013 - 'Job Killer’ Bill Hurts Part-Time Workers, Increases Discrimination Litigation, Imposes New Penalties
06/03/2013 - CalChamber Stops Three More Job Killers on Assembly Floor
05/31/2013 - ‘Job Killer’ Update: Four Fail to Move Off Senate Floor; Three Move to Assembly
05/30/2013 - CalChamber News: Health Care Tax Doesn't Add Up
05/29/2013 - Eight ‘Job Killer’ Bills Held; Twelve Move to Senate or Assembly Floors for Action
05/21/2013 - ‘Job Killer’ Bills Miss Deadline to Move to Fiscal Committees
05/16/2013 - 'Job Killer' Increasing Property Taxes Held in Assembly Fiscal Committee
05/14/2013 - ‘Job Killer’ Singles Out California Employers with New Mandates, Penalties
05/13/2013 - Legislators Propose Making Passage of New Taxes Easier
05/10/2013 - More Environmental Litigation Likely If Pending Senate, Assembly Bills Pass
05/09/2013 - ​'Job Killer' that Hurts Struggling Small Firms/Start-Ups on Hold for Now
05/07/2013 - Bills Leading to Higher Fuel/Energy Costs Get OK from Assembly Policy Committee
05/06/2013 - Latest ‘Job Killer’ Bill Increases Liability, Undermines Independent Contractor Status
04/30/2013 - New Burden for Small Businesses Awaiting Action by Full Senate
04/26/2013 - Tax Credit Sunset Bill Moves to Assembly
04/25/2013 - Newly Identified ‘Job Killer’ Increases Health Care Costs, Litigation
04/24/2013 - ‘Job Killer’ Bills For Today: Autopilot Wage Hikes, Targeted Tax, Workers’ Comp
04/22/2013 - Bill Increasing Environmental Litigation Clears Assembly Policy Committee Hurdle
04/17/2013 - ‘Job Killer’ Bill Awaiting Action by Full Senate
04/16/2013 - Two ‘Job Killer’ Bills Held on Appropriations Committee Suspense Files
04/15/2013 - Hearings Set on Numerous ‘Job Killer’ Bills This Week
04/12/2013 - New Burden for Small Businesses Passes Senate Policy Committee
04/10/2013 - ‘Job Killer’ Bill Will Lead to Higher Property Taxes
04/08/2013 - CalChamber Releases 2013 Job Killer List
04/03/2013 - Senate Committee to Consider Ban on Disposable Fast-Food Containers Today
04/02/2013 - Senate Committee to Hear 'Job Killer' Bill Today
03/27/2013 - ‘Job Killer’ Bill Expanding Discrimination Litigation to Face Senate Committee
03/05/2013 - CalChamber Identities First Job Killer Bill; Legislation Will Roll Back 2012 Workers’ Comp Reforms


 
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