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 --