2011 California Legislative Victories
Priority Measures
SB 653 (Steinberg) – Local Taxation Authority: The measure would grant local governments, the unprecedented authority, to levy, increase, or extend local personal income, transaction, use and excise taxes; vehicle license fees; taxes on alcoholic beverages, cigarettes, tobacco products, or sweetened beverages; and even an oil severance tax.
Facing significant opposition, the Senate Pro Tem dropped his pursuit of a local taxation measure he used earlier this year as a budget bargaining chip. It may return next session.
Final Status: Stopped in the Senate
SB 791 (Steinberg) Gas Tax – Senate President Pro Tem Darrell Steinberg was authoring last-minute legislation to give local governments power to seek new fuel surcharges to fund certain transit projects, including such things as bicycle paths.
Senate Bill 791 sought to allow local transportation agencies to seek voter approval for a “regional transportation congestion reduction charge” on gasoline or diesel.
Revenues raised by the new fees (taxes) – which would require approval of only a majority of voters in the impacted region – would fund transit proposals developed by the local transportation planning agencies to “reduce vehicle congestion”.
Final Status: Stopped in the Assembly
AB 1219 (Perea) Fraud Prevention – This measure protects California gas station owners and drivers who use credit cards at the pump.
The bill was originally drafted to protect gas stations that collect ZIP code information from lawsuits, after a ruling that such information constitutes personal information that should be protected. It prevents any future lawsuits from being filed against retailers who collect ZIP codes as a means of consumer fraud protection.
In February, the California Supreme Court ruled that a consumer’s ZIP code is considered “personal identification information.” The court’s ruling has resulted in over 150 class-action suits filed against retailers in statewide, many of whom were collecting the codes in an effort to protect consumers and others that have used it for marketing purposes.
Final Status: Signed by the Governor
Additional Victories:
- AB 10 (Alejo)
The bill sought an increase in the minimum wage…as well as annual increases tied to the Consumer Price Index.
Final Status: Stopped in the Assembly
- AB 197 (Monning)
This bill sought to double the amount of liquidated damages that may be awarded to an employee when an employer fails to pay minimum wage to two times the wages unlawfully unpaid, plus interest.
Final Status: Stopped in the Assembly
This bill sought to create a “split roll” property tax – resulting in a significant increase to commercial property taxes.
Final Status: Stopped in the Assembly
- AB 559 (Swanson)
This bill would require an award of attorney’s fees in all fair employment and housing cases (FEHA) even when nominal damages are awarded and even if the case was improperly filed in a court of unlimited jurisdiction.
Final Status: Vetoed by the Governor
- AB 669 (Monning)
This bill sought to place an additional tax on sweetened beverages.
Final Status: Killed in the Assembly policy committee
- AB 1155 (Alejo)
This bill sought to increase the costs and lawsuits in the workers’ compensation system by eroding the apportionment provision that protects an employer from paying for disability that did not arise from work
Final Status: Vetoed by the Governor
- AB 568 (Lowenthal)
This bill sought to ban all food vendors from using polystyrene foam food service containers, ignoring the numerous environmental benefits associated with polystyrene products. Restaurants, caterers, delis, and other food providers would see their operating costs rise as polystyrene containers cost 2-3 times less than replacement products,
Final Status: Stopped in the Assembly
