(August 15, 2005) The California Chamber of Commerce-opposed “job killer’ fax bill awaits action by the full Assembly now that legislators have returned from summer recess.

“If SB 833 becomes law, it will provide yet another unique burden on California employers that does not exist elsewhere in the country,” said Chamber President Allan Zaremberg. “With President Bush’s signature on federal law that addresses the issue already, California legislators must stop the ‘job killer’ that is being considered in California - especially because it is an intrusion into legitimate business communications between employers and their customers.”

The Chamber considers SB 833 (Bowen; D-Redondo Beach) a “job killer” because it increases costs by placing onerous administrative and economic burdens on associations and employers by requiring express written consent from their own members and/or customers prior to sending certain fax communications.

Federal Law
On July 9, President Bush signed into law S. 714, the 'Junk Fax Prevention Act of 2005,' relating to unsolicited advertisements via telephone facsimile machines. This legislation makes it clear that a pre-existing business relationship qualifies as an exemption to the rules requiring a signature by the recipient for each individual fax sent to them prior to the fax being sent.

SB 833 (Bowen) does not provide for this essential exemption, putting California out of step with the rest of the country.

The Chamber believes that SB 833 is an intrusion into legitimate business communications between customers and businesses as well as business-to-business relationships.  These business relationships rely on faxes as a main source of communication and marketing to meet the needs of customers. Many trade organizations also depend on faxes to communicate with their members.

“We hope that the Legislature will use common sense to stop this job killer,” continued Zaremberg.  “Federal law is now addressing the issue, and to make another California-only rule that only hurts their relationship with existing customers will simply confuse employers and add additional costs to their ability to do business in our state.”

Action Needed
The Chamber is urging all employers to write Assembly members and urge them to oppose SB 833.  Use our easy-to-edit sample letter.

For more information on SB 833 or other “job killer” bills, please visit the Chamber’s website at www.calchamber.com.