CalARVC Updates Members on Key Legislation

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October 26, 2011 by   - () Leave a Comment

Oct. 9 marked the deadline for California Gov. Jerry Brown to act on over 600 bills sent to him by the Legislature at the end of session.

A number of the bills the governor took action on are of interest to California campgrounds.

Legislative advisers for the California Association of RV Parks and Campgrounds (CalARVC) provided a summary of these bills. Following is that summary, written by Don Gilbert, Mike Robson and Trent Smith and appearing in this week's CalARVC "Wednesday Morning Coffee Talk & Updates."

  • AB 22 (Credit Reports) Signed – AB 22 bans the use of consumer credit reports for employment purposes. Exempted from that ban are certain positions within the Department of Justice, managerial positions, and positions allowing access to personal information or large sums of money. This bill has been opposed by the business community and has been listed as a “job killer” by the California Chamber of Commerce. Despite this, the bill was signed into law by Gov. Brown.
  • AB 325 (Bereavement Leave) Vetoed – AB 325 would guarantee up to three days of bereavement leave for employees upon the loss of a loved one. When introduced, this bill guaranteed an employee’s right to bereavement leave. Over the course of the year, the bill was narrowed and made to be more specific. In the last week of session, however, the bill was amended to allow employees to sue their employers for reinstatement, damages, and attorney’s fees if their right to bereavement leave was interfered with. Gov. Brown vetoed the bill citing the “far reaching private right to sue” and stating his belief that the vast majority of employers would willingly grant bereavement leave to their employees.
  • AB 469 (Theft of Wages) Signed – AB 469 increases penalties against employers who willfully violate provisions of law requiring payment of minimum wage or overtime. The bill is sponsored by organized labor and is modeled after laws in other states, particularly New York. Despite the continued opposition of business interests such as the California Chamber of Commerce, the bill was signed into law by Gov. Brown.
  • SB 508 (Tax Credit Sunset) Vetoed – SB 508 requires that any new corporation tax credits passed by the Legislature sunset after 10 years. Proponents of the bill argued that the sunsets were necessary to evaluate the effectiveness of the tax credit. Opponents argued that the bill would create uncertainty for businesses looking to locate and invest in California. Gov. Brown vetoed the bill arguing that a one size fits all approach to sunsetting tax credits was inappropriate.
  • SB 931 (Payroll Cards) Vetoed – Efforts to create a statutory framework for the use of payroll cards has been ongoing throughout the year. Central to the debate of this bill was the question of who would bear the cost of transaction fees for the payroll cards; employers, financial institutions, or employees. SB 931 would have significantly limited the ability of financial institutions to assess charges on employees for out of network transactions, account maintenance, and overdrawing their account. The bill was heavily lobbied in the governor’s office by both businesses and organized labor. Gov. Brown vetoed the bill acknowledging that it would likely result in the elimination of the use of payroll cards by employers, forcing employees without bank accounts to pay high check cashing fees to access their wages.

There is a chance that a number of the bills vetoed by the governor this year will be reintroduced again next January when the Legislature reconvenes.

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