Sunday, February 5, 2023

Job Killer Carryover Bills Miss Deadline to Move

Ten California Chamber of Commerce-opposed job killer bills introduced last year have been stopped.

The following bills failed to move before the January 31 deadline for all 2019 bills to pass the house in which they were introduced:

AB 36 (Bloom; D-Santa Monica): Defies the will of the voters and worsens California’s housing shortage by modifying the Costa-Hawkins Rental Housing Act to allow cities to enact or expand rent control to residential properties constructed within 10 years of the date upon which the owner seeks to establish the initial or subsequent rental rate, which will discourage housing production, quality of housing, and impact low-income individuals and families.

AB 288 (Cunningham; R-San Luis Obispo): Creates an onerous private right of action with a right to excessive punitive damages for purely economic losses at a low evidentiary standard, along with attorney’s fees, for a new consumer right to delete data that conflicts with the consumer right to delete recently provided by the California Consumer Privacy Act.

AB 495 (Muratsuchi; D-Torrance): Bypasses a legislatively mandated analytical process to judge the safety of consumer products and seeks to prohibit safe cosmetic products based upon the mere presence of a chemical in the product, no matter the level, that will lead to potential regrettable substitutions and job losses in the cosmetic industry.

AB 628 (Bonta; D-Oakland): Significantly expands the definition of sexual harassment under the Labor Code, which is different than the definition in the Government Code, leading to inconsistent implementation of anti-harassment policies, confusion, and litigation. Also, provides an unprecedented, uncapped leave of absence for alleged victims of sexual harassment and their “family members.”

AB 882 (McCarty; D-Sacramento): Undermines an employer’s ability to provide a safe and drug-free workplace and potentially encompasses medical marijuana in the workplace, which voters have already rejected.

AB 1332 (Bonta; D-Oakland): Prohibits California public entities from contracting with, or investing in, any business that provides data-related services to an undefined group of federal agencies. Will create litigation and uncertainty for businesses that continue to work with California public entities, as the bill provides no clear guidance on how to comply with terms, and also in limited circumstances, compels public entities to breach signed contracts.

SB 246 (Wieckowski; D-Fremont): Unfairly targets one industry by imposing a 10% oil and gas severance tax onto an oil and gas operator, adding another layer of taxes onto this industry that will significantly increase the costs of doing business, thereby increasing prices paid by consumers for goods and services in this expensive state as well.

SB 320 (Jackson; D-Santa Barbara): Exposes businesses to costly litigation for a consumer’s assertion that any price difference on “substantially similar” goods, even a nominal amount, is based on gender and therefore the consumer is entitled to a minimum of $4,000.

SB 561 (Jackson; D-Santa Barbara): Creates an onerous and costly private right of action that will primarily benefit trial lawyers, allowing them to sue for any violations of the California Consumer Privacy Act (CCPA), and removes businesses’ 30-day right to cure an alleged violation of the CCPA as well as businesses’ ability to seek guidance from the Attorney General on how to comply with this confusing and complex law.

SB 567 (Caballero; D-Salinas): Significantly increases workers’ compensation costs for public and private hospitals by presuming certain diseases and injuries for specified hospital employees are caused by the workplace and establishes an extremely concerning precedent for expanding presumptions into the private sector.

The California Chamber of Commerce is the largest, broad-based business advocate to government in California, working at the state and federal levels to influence government actions affecting all California business. As a not-for-profit, we leverage our front-line knowledge of laws and regulations to provide affordable and easy-to-use compliance products and services.

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