BILL ANALYSIS Ó AB 1508 Page 1 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. AB 1508 Page 2 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. AB 1508 Page 3 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. AB 1508 Page 4 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. AB 1508 Page 5 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 AB 1508 Page 6 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 AB 1508 Page 7 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