BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1508         Hearing Date:    June 22,  
          2015
           ----------------------------------------------------------------- 
          |Author:   |Assembly Member Roger Hernández                       |
          |----------+------------------------------------------------------|
          |Version:  |March 26, 2015                                        |
           ----------------------------------------------------------------- 
           ---------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:    |Yes              |
           ---------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Mark Mendoza                                          |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          
                   Subject:  Underground economy: policy adviser.


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

          Existing law:
          
          1) Establishes an enforcement division in the CSLB and requires  
             the unit to rigorously enforce the Contractors Law  
             prohibiting all forms of unlicensed activity.  (Business and  
             Professions Code (BPC) § 7011.4 (a))

          2) Provides that persons employed as enforcement representatives  
             in the enforcement division and designated by the Director of  
             DCA are not peace officers, are not entitled to safety member  
             retirement benefits, and do not have the power of arrest.   
             However, they may issue a written notice to appear in court  
             for misdemeanor violations of the Contractors Law.  (BPC §  
             7011.4 (b))

          3) Authorizes CSLB enforcement division to have free access to  
             all places of labor when participating in the enforcement  
             activities of the Joint Enforcement Strike Force on the  
             Underground Economy (JESF).  (BPC § 7011.4 (c))

          4) Authorizes an unlicensed contractor to advertise for  
             construction work only if the advertisement states that he or  
             she is not licensed.  (BPC § 7027.2)







          AB 1508 (Roger Hernández)                               Page 2  
          of ?
          
          

          5) Makes it a misdemeanor for an unlicensed contractor to  
             advertise for construction or work of improvements or act in  
             the capacity of a contractor.  Imposes specified civil  
             penalties, including fines and imprisonment against the  
             unlicensed contractor and authorizes CSLB to cite the  
             unlicensed contractor.  (BPC § 7028) 

          6) Provides that it is a misdemeanor for a person to engage in  
             the business or act in the capacity of a contractor if he or  
             she has a suspended license for failure to pay a civil  
             penalty, to comply with an order of correction, or to resolve  
             all outstanding liabilities, as specified. (BPC § 7028).

          7) Exempts from licensure and regulation those who perform work  
             with an aggregate contract price under $500, but does not  
             exempt those who split work into multiple contracts to avoid  
             the $500 limit.  (BPC § 7048)

          8) Requires CSLB to initiate a disciplinary action against a  
             licensee within 180 days of receipt of a certified copy of  
             the Labor Commissioner's finding of a willful or deliberate  
             violation of the Labor Code by a licensee.  (BPC § 7110.5)

          9) Establishes the JESF to coordinate efforts in targeting tax  
             evasion and cash-pay violations, and authorizes the sharing  
             of investigative and enforcement capabilities between JESF  
             participants.  (Unemployment Insurance Code § 329)

          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.










          AB 1508 (Roger Hernández)                               Page 3  
          of ?
          
          
                  b)        Evaluating whether any task forces and  
                    partnerships should be eliminated or restructured to  
                    improve effectiveness.


                  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:  This bill is keyed "fiscal" by Legislative Counsel.   
          According to the Assembly Appropriations Committee, "General  
          Fund costs in the range of $150,000 to $200,000 for the chief  
          policy advisor to monitor and evaluate the taskforces and  
          interagency partnerships as well as submit a report to the  
          Legislature as specified."   

          COMMENTS:
          
          1. Purpose.  The  Author  is the Sponsor of this bill.  According  








          AB 1508 (Roger Hernández)                               Page 4  
          of ?
          
          
             to the Author, "AB 1508 requires the Governor to designate an  
             independent chief policy advisor for the underground economy,  
             consistent with the recommendation from the Little Hoover  
             Commission report."

          2. The Underground Economy.  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.

             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  








          AB 1508 (Roger Hernández)                               Page 5  
          of ?
          
          
             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.  
             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.

          3. 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.


          4. Arguments in Support.  According to the  California Pool and  
             Spa Association  , "the California Pool & Spa Association  
             represents the thousands of employees from all segments of  
             the industry that are required to sign and abide by a code of  
             ethics before becoming members.  An unfair playing field  
             undermines state laws that protects consumers and workers,  
             harms law-abiding businesses, and defrauds the state of  








          AB 1508 (Roger Hernández)                               Page 6  
          of ?
          
          
             significant tax revenue." 
          
          SUPPORT AND OPPOSITION:
          
           Support:  

          California Pool and Spa Association
          California Professional Association of Specialty Contractors
          Pacific Association of Building Service Contractors (PABSCO)
          Plumbing-Heating-Cooling Contractors Association of California  
          (CAPHCC)
          State of California Auto Dismantlers Association (SCADA)
          The Little Hoover Commission

           Opposition:  

          None on file as of June 16, 2015. 
                                      -- END --