BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AJR 12 (Gatto)
          As Amended  August 15, 2013
          Majority vote  

           ECONOMIC DEVELOPMENT   5-2                                      
           
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          |Ayes:|Medina, Campos, Daly,     |     |                          |
          |     |Fong, Fox                 |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Mansoor, Linder           |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Memorializes the California Legislature's request to  
          the United States (U.S.) President and the U.S. Trade  
          Representative (USTR) to include a provision within future  
          international treaties, trade agreements, and other  
          international protocols relating to the raising of foreign  
          minimum wages.   The resolution further calls for the U.S.  
          Senate to decline ratification of these agreements should they  
          fail to include such provisions.

           FISCAL EFFECT  :  None

           COMMENTS  :  This resolution expresses the California  
          Legislature's position that the U.S. should pursue an  
          international trade policy that advantages U.S. workers and  
          businesses and more accurately reflects current global economic  
          conditions by mandating higher foreign minimum wages.  

          As the global leader in trade, foreign investment, and business  
          development, the U.S.'s position on employment compensation,  
          especially in emerging markets, could play a significant role in  
          improving workers' quality of life, hastening the development of  
          their middle class, helping to develop a new consumer-base of  
          U.S. products, and reducing the flow of industries fleeing the  
          U.S. and other industrialized nations in search of cheaper  
          labor.  

          The policy analysis includes additional information on the  
          state's role in setting U.S. trade policy, the importance of  
          trade within the California economy, and trends in global  








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          development standards that could be positively affected by the  
          policy espoused in this resolution.

           Fast Track and Calls to Update U.S. Trade Framework  :  The  
          California Legislature's opinion on U.S. trade policy is  
          particularly relevant as the U.S. Congress is currently  
          considering the granting of Presidential Trade Promotion  
          Authority (also known as Fast Track).  Fast Track trade  
          authority was last passed by the U.S. Congress in 2002 and  
          expired in 2007.  In granting Fast Track authority, it is  
          envisioned that the U.S. Congress will condition that authority  
          on a set of policy objectives.  This resolution would help  
          inform the U.S. Congress on the priorities of the California  
          Legislature.
           
          U.S. Trade Policy and the State Consultation Process  :  In  
          recognition of the difficulty and in some cases inability to  
          modify specific elements of already negotiated trade agreements,  
          Congress has directed the USTR to seek advice from states during  
          the negotiation process through a Governor appointed State Point  
          of Contract.  Further, the USTR maintains nearly 30  
          trade-related advisory committees, including the  
          Intergovernmental Policy Advisory Committee on Trade (IGPAC).   
          The IGPAC is currently comprised of 24 state and local  
          officials, including members of state legislatures, state trade  
          directors, and related national associations.  Former State  
          Senator and now Los Angeles City Councilmember Curren Price and  
          Carlos J. Valderrama, who represents the Los Angeles Area  
          Chamber of Commerce, are members of IGPAC.   

          The U.S. has trade agreements in force with 20 countries  
          including Australia, Bahrain, Canada, Chile, Colombia, Costa  
          Rica, Dominican Republic, El Salvador, Guatemala, Honduras,  
          Israel, Jordan, Korea, Mexico, Morocco, Nicaragua, Oman, Panama,  
          Peru, and Singapore.  In addition, the U.S. is negotiating the  
          Trans-Pacific Partnership, which includes 12 countries, and has  
          recently (July 2013) initiated discussions on an agreement with  
          the European Union.  

          In addition to trade agreements, the U.S. maintains a number of  
          trade preference programs that allow special access to U.S.  
          markets for countries that are considered developing markets  
          and/or where the U.S. wants to cultivate a stronger  
          relationship.  The Andean Trade Preference Act (ATPA) and the  








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          Andean Trade Promotion and Drug Eradication Act (ATPDEA) are  
          examples of two such trade programs which assist Bolivia,  
          Colombia, Ecuador, and Peru in promoting "broad-based economic  
          development, diversification of exports, consolidation of  
          democracy, and to help defeat the scourge of drug trafficking by  
          providing sustainable economic alternatives to drug-crop  
          production in beneficiary countries."  This resolution proposes  
          that these types of trade agreements and trade preference  
          programs include policies that require the development and  
          continuing increase of minimum wages within their broader  
          economic development framework.

           California's Role in Foreign Trade Agreements  :  The relevance of  
          individual state engagement on trade issues has increased over  
          the past decade as foreign trade agreements have expanded beyond  
          the direct import or export of a ready-for-sale product and now  
          include rules on issues within the traditional purview of states  
          including public procurement, professional licensing, and  
          investor rights.  Under reciprocity standards, state laws  
          relating to environmental standards, hiring local workers,  
          investment practices, and buying local products, can and, in  
          some cases have, been challenged by foreign companies.

          In the last few years, California legislative Members and  
          stakeholder groups have emphasized the importance of  
          California's engagement on trade agreements in order to ensure  
          California communities are not disadvantaged.  As an example, in  
          2011 the Legislature adopted AJR 15 (Alejo), which urged the  
          U.S. government to consider the potential negative economic  
          impact of the Colombian Free Trade Agreement on the California  
          economy, especially as it related to the California floriculture  
          industry.  The issue was raised, not from a protectionist  
          perspective, but based on the U.S.'s significant involvement  
          under the ATPA and the ATPDEA in the development of the  
          Colombian cut flower industry.  Today, the Colombian cut flower  
          industry, with its U.S. subsidized infrastructure and $333  
          (589,500 pesos) per month minimum wage, competes directly with  
          California producers.

          As illustrated in the Colombian example, the U.S. economy is  
          increasingly entwined with business and consumer markets in  
          other counties and that trade agreements and other trade  
          policies can have direct economic impacts on domestic workers  
          and businesses.  This resolution proposes that the U.S. take a  








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          more comprehensive view of the policies and practices of other  
          countries in order to ensure not just a better quality of life  
          for their workers, but to also provide the economic foundation  
          for the long-term development of consumers of California and  
          U.S. products and services.

           Wage Rates around the World  :   In January 2013, U.S. President  
          Barack Obama called for the raising of the U.S. minimum wage  
          from $7.25 to $9.00 per hour by 2015.  Compared to other  
          industrialized nations, the Organization for Economic  
          Co-operation and Development (OECD) ranks the U.S. as ninth  
          behind Canada ($8.04), United Kingdom ($8.53), New Zealand  
          ($8.63), Belgium ($9.52), Australia ($9.54), France ($10.02),  
          Ireland ($10.81), and Luxembourg ($11.36).  

          In viewing the minimum wage rates for these developed counties,  
          it is important to also consider the highly integrated global  
          economy whereby raw materials, research, production, assembly,  
          and distribution networks often cross a variety of national  
          boundaries within both industrialized and developing nations.   
          Product origin labels are based on percentages of where labor  
          and materials are sourced, reflecting the reality of  
          multiple-sourced products.  For many workers who are employed in  
          countries with lesser developed commercial and industrial  
          sectors there are no minimum wage rate and the recession has  
          worsened their economic conditions.  In the 2012-13 study by the  
          International Labor Organization (ILO), wage growth is reported  
          to have remained significantly below pre-recession levels and  
          has especially dropped in developing countries and among certain  
          regions.  As an example the ILO reports that "a worker in the  
          manufacturing sector in the Philippines took home $1.40 for  
          every hour worked, compared to less than $5.50 in Brazil, $13.00  
          in Greece, $23.00 in the U.S., and $35 in Denmark."  

          Economic progress among the least developed countries remains  
          the most significant challenge. Since 1990, the United Nations  
          estimates that 233 million people gained employment allowing  
          them to move above the global extreme poverty rate ($1.25 a  
          day).  Much of the progress (58%), however, has been in  
          industries that provide little long-term job security and pay  
          very low wages.  These working environments can lead workers to  
          accept substandard wages and unhealthy working conditions.  A  
          recent example of this can be found in the collapse of the  
          Bangladeshi Rana Plaza factory building which resulted in 1,129  








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          people being killed and the Tazreen factory fire in November  
          2012 that killed 112 people.  As a result of these instances,  
          the U.S. suspended Bangladesh's trade privileges until certain  
          specific steps were taken to address the labor and public safety  
          deficiencies. The United Nations estimates that there are still  
          over a billion people in the world having an inability to obtain  
          basic food, shelter, health care, and education.  This  
          resolution would incorporate the raising of minimum wage rates  
          into future U.S. trade agreements and treaties.

           
          Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916)  
          319-2090 


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