BILL NUMBER: AB 1563
VETOED DATE: 10/11/2009
To the Members of the California State Assembly:
I am returning Assembly Bill 1563 without my signature.
This bill would require the Labor Commissioner to develop and
implement a specified enforcement protocol to be used in an Economic
and Employment Enforcement Coalition or Bureau of Field Enforcement
investigation involving a labor contractor employing 15 or more
workers in the field of construction, farm labor, garment,
janitorial, or security guard service when the Division of Labor
Standards Enforcement has a reasonable suspicion that violations of
potential financial significance are involved as specified. The
proposed new law is unnecessary and would inhibit the Department of
Industrial Relations' (DIR's ) ability to respond to changing
enforcement issues.
During 2008, DIR implemented an investigative protocol which mirrors
the protocol proposed by this bill and which will ensure full
compliance with Labor Code section 2810. Therefore, provisions of
this bill are already operational. Further, the statutory creation of
operational enforcement policy limits flexibility needed to respond
to shifting enforcement needs.
For these reasons, I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger