BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1508


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          Date of Hearing:  April 22, 2015


                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT


                               Roger Hernández, Chair


          AB 1508  
          (Assembly Member Roger Hernández) - As Amended March 26, 2015


          SUBJECT:  Underground economy:  policy adviser


          SUMMARY:  Requires the establishment of an independent policy  
          advisor for the underground economy, as specified.   
          Specifically, this bill:


          1)Requires the Governor to designate an independent chief policy  
            adviser for the underground economy.


          2)Specifies that the adviser's responsibilities shall include,  
            but not be limited to, the following:


             a)   Monitoring the state's existing underground economy task  
               forces and interagency partnerships to ensure that they are  
               organized efficiently.


             b)   Evaluating whether any task forces and partnerships  
               should be eliminated or restructured to improve  
               effectiveness.










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             c)   Evaluating whether existing task forces and partnerships  
               have sufficient resources and whether gaps or overlaps  
               exist in combating the underground economy.


             d)   Reviewing enforcement staffing and funding levels and  
               developing recommendations to adequately fund enforcement.


             e)   Developing recommendations to eliminate barriers that  
               prevent task forces and partnerships from being fully  
               effective.


             f)   Leading a strategic planning process to develop  
               performance outcomes for combating the underground economy.


          3)Requires the advisor, on or before than January 1, 2017, to  
            submit a report to the Governor and the Legislature that  
            summarizes the adviser's findings and recommendations, with a  
            particular emphasis on any recommended administrative or  
            legislative changes.


          FISCAL EFFECT:  Unknown


          COMMENTS:  According to a recent Little Hoover Commission  
          report, the underground economy encompasses any unlawful or "off  
          the books" activities conducted by businesses or individuals  
          that create an illegal and unfair business environment, put  
          employees at a disadvantage or in harm's way or cheat government  
          agencies out of taxes.  Examples of these activities include  
          working without required permits or licenses, not complying with  
          regulated mandatory processes, evading taxes and operating  
          without proper insurance.  Others include underpaying employees,  
          underreporting numbers of employees, inaccurately reporting  
          employee hours or wages and allowing unsafe working conditions.








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          Underground economy operators, in short, gain a competitive  
          advantage with a business model of cheating and cutting corners.  
          With this advantage, they undercut prices of law-abiding  
          business operators, gradually undermining them. Allowed to run  
          unchecked, they feed a downward economic spiral in which  
          licensed, legitimate businesses lose bids and customers, then  
          downsize and lay off employees.


          The University of California, Los Angeles, Labor Center  
          estimates that state government loses $8.5 billion annually in  
          tax revenue to the underground economy. The Franchise Tax Board  
          estimates the annual revenue loss at approximately $10 billion.  
          These billions of dollars represent revenue uncollected for law  
          enforcement, higher education, freeway maintenance or lower tax  
          rates for people and businesses.


          California state government agencies have attempted for decades  
          to limit the many dimensions of the underground economy. The  
          state's taxing and labor agencies occupy the front lines of this  
          fight. But a wide range of other agencies also play key or  
          supporting roles and often work collectively within underground  
          economy enforcement task forces.


          Because the underground economy is multifaceted, enforcement  
          actions conducted through multi-agency partnerships are natural  
          and effective.


          Four major state-level task forces focus on the underground  
          economy. The Labor Enforcement Task Force and the Joint  
          Enforcement Strike Force primarily focus on labor violations.  








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          Two more recently established task forces, the Revenue Recovery  
          and Collaborative Enforcement Team and the Tax Recovery and  
          Criminal Enforcement Task Force focus on identifying and  
          prosecuting criminal tax evasion.


          Recent Little Hoover Commission Report


          In March 2015, the Little Hoover Commission released a report  
          entitled, "Level the Playing Field: Put California's Underground  
          Economy Out of Business."


          That report made a number of findings and recommendations.


          Among these, the Commission found that although numerous  
          government organizations focus on tackling the underground  
          economy, no one is directly in charge. Hardworking government  
          employees do their best to combat the problem, but often without  
          adequate resources or the data or equipment to effectively do  
          their jobs.


          There are four major state task forces focused on the  
          underground economy, but it is not clear, overall, what the  
          outcomes have been. The Commission recommended the Governor  
          appoint an independent leader, in consultation with state  
          leaders who have jurisdiction over the underground economy, with  
          clear authority to untangle any overlaps in responsibilities,  
          bridge silos and move efficiently toward results. The Commission  
          recommended that this leader should report back on  
          administrative or legislative changes needed to overcome the  
          obstacles.












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          Changes Proposed by this Bill


          Consistent with the recommendation from the Little Hoover  
          Commission report, this bill requires the Governor to designate  
          an independent chief policy advisor for the underground economy.


          The advisor's responsibilities shall include, but not be limited  
          to, the following:


                 Monitoring the state's existing underground economy task  
               forces and interagency partnerships to ensure that they are  
               organized efficiently.
                 Evaluating whether any task forces and partnerships  
               should be eliminated or restructured to improve  
               effectiveness.
                 Evaluating whether existing task forces and partnerships  
               have sufficient resources and whether there are no gaps or  
               overlaps in enforcement of the underground economy.
                 Reviewing enforcement staffing and funding levels and  
               developing recommendations to adequately fund enforcement.
                 Developing recommendations to eliminate barriers that  
               prevent task forces and partnerships from being fully  
               effective.
                 Leading a strategic planning process to develop  
               performance outcomes for combating the underground economy.

          This bill also requires the advisor, no later than January 1,  
          2017, to submit a report to the Governor and the Legislature  
          that summarizes the advisor's findings and recommendations, with  








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          a particular emphasis on any recommended administrative or  
          legislative changes.


          ARGUMENTS IN SUPPORT





          The Little Hoover Commission supports this bill, as it  
          implements one of the Commission's key recommendations from the  
          March 2015 report.





          The California Pool & Spa Association supports this bill,  
          stating that their members face a competitive disadvantage to  
          the unlicensed or non-compliant contractors who perform work for  
          a much cheaper cost as a result of skirting labor, insurance,  
          and tax requirements.  An unfair playing field undermines state  
          laws that protect consumers and workers, harms tax-abiding  
          businesses, and defrauds the state of significant tax revenue.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Professional Association of Specialty Contractors








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          Plumbing-Heating-Cooling Contractors Association of CA


          Little Hoover Commission


          California Pool & Spa Association




          Opposition


          None on file.




          Analysis Prepared by:Benjamin Ebbink / L. & E. / (916) 319-2091