CAA Legislative Update 2020
The Senate and Assembly leadership have agreed on budget proposal as the June 15 deadline looms to pass a spending plan for California. The proposed plan counts on federal government providing further aid. Details of the budget are slowing starting to emerge. Several budget proposals have surfaced including an increase in hazardous waste fees (e.g. used motor oil). Will continue to monitor closely for details.
AB 196 & AB 664- Workers Compensation – Coronavirus – Oppose. Several bills have been introduced (AB 196 & AB 664) to address coronavirus and workers compensation. Current law provides that essential workers who contract the coronavirus must prove they were infected on the job to qualify for workers comp. These bills would increase workers comp costs for employers by “conclusively” presuming that contraction of coronavirus by all essential employees is a workplace injury. The Governor issued an Executive Order which created a “rebuttable presumption” that any essential workers infected with the virus contracted on the job. Status: AB 196 and AB 664 Pending.
AB 3216 – Expanding Paid Sick Leave – Coronavirus – Oppose. California law now requires 24 hours or 3 days of paid sick days for all employees. AB 3216 would, among other things, require all employers to provide employees with at least 80 hours or 10 days of paid sick leave for any specified purpose related to a “state of emergency”. Status: Pending.
AB 2999 – New Protected Leave – Concerns. This bill imposes on all employers a mandate to provide employees up to 10 days of bereavement leave. Status: Pending.
AB 1107 – Unemployment Tax Increase – Watch. AB 1107 would have significantly raised employer payroll taxes to fund increases in unemployment benefits. This bill was gutted and amended to a different subject area and opposition has been removed. Status: Pending.
AB 2454 – Trusted Dealer Certification Program. Concerns. This bill, among other things, would establish the “Trusted Dealer Certification” program. The program requires BAR to develop regulations to implement. Assembly member Low’s office is expected to make a presentation at the July 16, 2020 BAR Advisory Group meeting. Status: AB 2454 Pending.
SB 1129 – PAGA Reform. The Private Attorney’s General Act (PAGA) authorizes aggrieved employees to file lawsuits against employers for labor code violations. This bill will make the following changes: 1) fixes exiting law that provides employers with limited “right to cure” for technical pay stub violations ; and 2) provides that a violation in which employees do not suffer any actual economic or physical harm, the total aggregate penalty is no more than $5,000. Status: Pending.
AB 2225 & AB 1972 Smog Check; Exemption – Historic Vehicles. This bill exempts motor vehicles that are operated primarily for purposes of historic exhibitions or other similar purpose from smog check program. AB 1972 would exempt all collector motor vehicle from smog check program. Status: Pending.
AB 1343 & AB 1345 – Private Post Secondary Education. These bills are part of a bill package targeting bad actors in the Private Post Secondary Education. These bills need to be amended to address concerns, otherwise they will negatively impact good performing schools including Universal Technical Institute (UTI). Status: Pending.
BAR offices still remain closed due to Covid-19 but BAR representatives continue to work remotely from home.
BAR Cite and Fine Regulations. BAR has created an internal Task Force to review expanding the “cite and fine” disciplinary process. Currently, cite and fine is used for smog violations and unlicensed activity. Expanding cite and fine authority to apply to all ARD’s would provide BAR field representatives with the ability to issue citations and fines (up to $5,000 per violation) for violations. BAR is considering issuing cite and fines for the following areas: gross negligence, false advertising, trade standards, failing to produce records, towing kickbacks and false and misleading records. Concerns have been raised by the industry. BAR is expected to make a presentation at the July 16, 2020 BAR Advisory Group meeting in Sacramento.
New DAD Smog Check Equipment Requirements. BAR is moving on new regulations which, among other things, will require smog stations using the DAD to obtain additional equipment, namely: 1) an external web camera and 2) Palm vein reader (scanner). The estimated cost for this new equipment is approximately $500. The BAR plans on providing regulatory language to the public after the BAR Advisory Committee meeting which is scheduled on July 16, 2020.