2008 'Job Killer' Bills

Job Killers Overview & Archive

2 of 3 Job Creators Signed

Governor Vetoes 9 out of 10 CalChamber Identified Job Killers - Top Story 10/2/2008

The Governor vetoed nine of the 10 "job killer" bills passed by the Legislature.

Click on the bill numbers below for more information.

Barriers To Affordable Housing

AB 1065 (Lieber; D-Mountain View) Construction Costs Increase.
Substantially increases the cost of housing and development in California by implementing significant energy efficiency measures for all new residential and commercial buildings without regard for the additional costs that will be passed on to consumers. Held on Senate Appropriations Committee Suspense File.

AB 2046 (Jones; D-Sacramento) Construction Jobs Loss.
Before amendments, would have halted construction of housing, cost construction jobs and provided a disincentive to clean up ground water by inappropriately denying use of some groundwater resources as a stable water supply. As amended, requires water agencies to specify remediation and financial plans for groundwater that will be used as a water supply in the future, so no longer considered a "job killer." CalChamber neutral.

AB 2112 (Saldaña; D-San Diego) Construction Costs Increase.
Substantially increases the cost of housing, interferes with the utilities’ ability to meet the AB 32 carbon cap mandates and drives up the cost of AB 32 compliance through increased utility bills by mandating on-site energy generation and efficiency standards for all new residential buildings. In Senate Energy, Utilities and Commerce Committee.

AB 2153 (Krekorian; D-Burbank) Construction Jobs Loss.
Imposes an unconstitutional developer fee on new residential and commercial development that will be used to finance water conservation strategies in existing communities by requiring that all new development be water-demand neutral. Failed passage in Assembly.

AB 2705 (Jones; D-Sacramento) Construction Jobs Loss.
Makes new housing less affordable, risks the loss of construction jobs and squeezes support for maintenance costs for parks and schools by expanding Mello Roos Fees to include financial support of transit services. Failed passage in Senate Local Government Committee.

Costly Workplace Mandates

AB 2279 (Leno; D-San Francisco) Employee Safety Risk.
Hurts employee safety and employers’ right to maintain drug-free workplace policies and exposes employers to potential litigation by prohibiting employers from refusing to hire applicants or fire current workers who use medical marijuana. Vetoed.

AB 2386 (Núñez; D-Los Angeles) Increased Agricultural Costs.
Hurts the competitiveness of California agricultural producers by artificially increasing labor costs for California producers who must compete in a global market with lower-than-average operating costs. Eliminates the requirement for secret-ballot elections for union representation among farm employees, stripping them of their right to decide free of intimidation on that crucial subject by creating a new, completely unsupervised process called a mediated election. Vetoed. 

AB 2716 (Ma; D-San Francisco) Employer Benefit Mandate.
Unreasonably expands employer’s costs and liability by mandating a specific paid sick leave policy. Held on Senate Appropriations Suspense File.

SB 840 (Kuehl; D-Santa Monica) Government-Run Health Care.
Creates a new government-run, multi-billion-dollar socialized health care system financed from a yet-to-be-specified tax increase. Vetoed.

SB 1115 (Migden; D-San Francisco) Workers’ Compensation Reform Roll Back.
Increases workers’ compensation costs and rolls back the workers’ compensation reforms from 2004 by making apportionment very difficult to prove. Vetoed.

SB 1717 (Perata; D-Oakland) Workers’ Compensation Reform Roll Back.
Increases workers’ compensation costs and rolls back the workers’ compensation reforms from 2004 by arbitrarily doubling permanent disability benefits and altering the 15% bump up/down provision in current law. Vetoed.

Economic Development Barriers

AB 1840 (C. Calderon; D-Montebello)/ABX3 2 (C. Calderon; D-Montebello) Internet Tax.
Encourages companies that provide services via the Internet and which operate and provide jobs in California to move their operations out of California by creating uncertainty in the nexus standard for purposes of sales and use tax collection. AB 1840 failed passage in Assembly. No action on ABX3 2 before end of session.

AB 2030 (Lieu; D-Torrance) Construction Costs Increases.
Substantially increases the cost of commercial development, interferes with the utilities' ability to meet the AB 32 carbon cap mandates and drives up the cost of AB 32 compliance through increased utility bills by mandating on-site energy generation and efficiency standards for all new commercial development. Assembly Appropriations Committee Suspense File. Missed deadline to pass house of origin.

AB 2359 (Jones; D-Sacramento) Limits Investments.
Before amendments, would have limited investment by capital markets by imposing legal liability on the secondary market for flaws in home loans written by other lenders and brokers. After amendments, removed the negative "assignee liability" provisions that would have limited investments and reduced liquidity, so no longer considered a "job killer." The CalChamber still opposes, however, because the bill still contains unresolved mortgage loan concerns, including language limiting binding arbitration.

AB 2372 (Coto; D-San Jose) Personal Income Tax Increase.
Harms numerous small business taxpayers who file personal income tax rather than corporate income tax returns by imposing a new 1% personal income tax increase on incomes over $1 million in order to fund education programs. Missed deadline to pass house of origin.

AB 2447 (Jones; D-Sacramento) Construction Job Loss.
Severely limits residential and commercial development to a degree that it could virtually shut down any suburban development in certain areas of California by prohibiting the approval of development in fire-risk areas without a mitigating finding by the city or county. Vetoed.

AB 2514 (Eng; D-Monterey Park) Costly Construction Delays.
Delays construction of commercial and residential projects and obstructs normal agricultural practices by requiring an unworkable resolution to disposition of human remains that are not Native American. Senate Appropriations Suspense File.

AB 2678 (Nuñez; D-Los Angeles) Building Energy Audits.
Before amendments, would have threatened already-beleaguered existing housing and commercial real estate markets by establishing a process to adopt mandatory time-of-sale energy efficiency audits without any specificity on what would ultimately be required by the audits. Former "job killer" now requires the California Energy Commission to develop a regulatory strategy to help address energy efficiency of existing residential and commercial buildings. 

AB 2897 (Hancock; D-Berkeley) Personal Income Tax Increase.
Harms numerous small business taxpayers who file personal income tax rather than corporate income tax returns by increasing tax rates on incomes over $100,000 and $200,000 to 10% and 11% respectively and the alternative minimum tax to 8.5%. Missed deadline to pass house of origin.

ABX3 22 (C. Calderon; D-Montebello) New Internet Taxes. Greatly increases the cost of doing business for a host of California technology sector and entertainment industry companies and harms consumers by ordering Board of Equalization to implement and impose through the regulatory process an expansive, unprecedented new tax on digital products, including software, e-books, music, videos, cell phone ring tones, cable television and movies on demand. No action before end of session. 

ABX3 23 (C. Calderon; D-Montebello) New Internet Taxes. Greatly increases the cost of doing business for a host of California technology sector and entertainment industry companies and harms consumers by creating an expansive, unprecedented new tax on Californians who purchase digital media, including software, e-books, music, videos, cell phone ring tones, cable television and movies on demand. No action before end of session.

SB 375 (Steinberg; D-Sacramento) Limits Transportation Capacity.
Thwarts the intent of voters who approved broad-based transportation bonds and limits increased transportation capacity in certain areas of the state by prioritizing transportation projects in areas identified as a preferred area for growth. Signed - Chapter 728.

SB 974 (Lowenthal; D-Long Beach) Tax on Freight Movement.
Increases the cost of shipping goods and makes California less competitive by imposing an illegal per-container tax in the ports of Long Beach, Los Angeles and Oakland. Vetoed.

SB 1057 (Migden; D-San Francisco) Reduces California Tourism.
Before amendments, would have reduced California's investment in the promotion of California as a tourist destination by reducing the tourism concession assessment. Would have removed about 80 percent of the non-governmental funding for tourism promotion. Amended to deal with a different subject. 

SB 1165 (Kuehl; D-Santa Monica) Construction Jobs Loss.
Jeopardizes economic growth by restricting environmental impact statements to a five-year lifetime which will delay permitting of the project and open the door for frivolous lawsuits in an attempt to block the project. Failed passage in Senate.

Expensive, Unnecessary Regulatory Burdens

AB 1554 (Jones; D-Sacramento) New Government Bureaucracy for Rate Regulation
Reduces health care choice, access and quality by creating additional bureaucracy to impose price controls on health insurance policies, while failing to address the major cost drivers of rising medical care costs. In Senate Health Committee.

AB 2546 (De La Torre; D-South Gate) Interference of Goods Movement
Increases the cost of moving goods and jeopardizes rail yards by setting up an unreasonable requirement to regulate the emissions from mobile emitters that visit their facility even if they have no control over the mobile sources. Senate Appropriations Suspense File.

SB 899 (Simitian; D-Palo Alto) Plastic Packaging Ban.
Before amendments, would have pushed jobs out of California and increased costs for industries that use plastic packaging by banning the manufacturing and distribution of specified plastic packaging in California. As amended, now requires the establishment of a program to reduce and recover derelict fishing gear.

Fuel Price Increases

AB 2558 (Feuer; D-Los Angeles) Climate Change Tax.
Assesses an unconstitutional tax on businesses and consumers by authorizing the Los Angeles County Metropolitan Transportation Authority to impose a tax by a majority vote on either motor vehicles or vehicle fuel. Senate Inactive File.

ABX3 9 (Nuñez; D-Los Angeles) Gas Price Increase.
Imposes a billion-plus-dollar tax increase on California oil companies which would result in higher gas prices for consumers, increased dependence on foreign oil, and further damage to our already-suffering economy. Urgency clause refused adoption in Assembly.

SB 140 (Kehoe; D-San Diego) New Fuel Mandate.
Before amendments, would have disadvantaged California businesses and increased fuel prices by creating a fuel mandate that picks a winner in the alternative fuels market, preventing the research and development of additional viable options that may be cheaper and more efficient. Gutted and amended to deal with a different subject.

SB 445 (Torlakson; D-Antioch) Climate Change Tax.
Assesses an unfair tax on businesses and consumers by authorizing specified regional transportation agencies to impose a tax on either motor vehicles or vehicle fuel. In Assembly Transportation Committee.

SB 1240 (Kehoe; D-San Diego) Restrictive Fuel Standard.
Before amendments would have interfered with the development of a competitive alternative fuels market and threatened job creation in California by creating a costly Low Carbon Fuel Standard that conflicts with the existing standard created by Governor’s Executive Order S-7-04. Amended to deal with a different subject. 

Inflated Liability Costs

AB 437 (Jones; D-Sacramento) Increased Employer Liability Exposure.
Could result in significant new liability exposure for employers by stating that the Legislature rejects, for purposes of any California statutes of limitation, a recent U.S. Supreme Court decision that provided clear limits on statutes of limitation for lawsuits relating to employer decisions. Vetoed.

AB 1456 (Laird; D-Santa Cruz) Increased Insurance Costs.
Greatly increases liability exposure for companies and may lead to higher insurance rates for consumers by preventing Medi-Cal amounts paid on behalf of a plaintiff from being considered in determining an insurance company’s liability for medical damages. Senate Inactive File.

AB 2690 (Krekorian; D-Burbank) Increased Health Care Costs.
Expands liability of manufacturers of prescription pharmaceutical products by eliminating a well-established and common-sense legal defense which recognizes that a patient’s doctor should warn them of the risks and side effects of drugs. Assembly Inactive File. Missed deadline to pass house of origin.

AB 2847 (Krekorian; D-Burbank) Increased Health Care Costs.
Raises health care costs due to increased litigation by shifting the burden of proof from providers to insurers in legal disputes about the appropriateness of care regardless of whether the medical care is based on any sound clinical foundation or is evidence-based. Assembly Appropriations Suspense File. Missed deadline to pass house of origin.

SB 1113 (Migden; D-San Francisco) Incentive to Sue.
Expands reward to plaintiffs for costs of litigation stemming from private attorney general actions while providing no cost recovery for those who must defend themselves against such actions, even if those actions are found to be baseless. Vetoed.



 
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