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January 20, 2010
Southwest Business Community Supports Federal
Shipping Legislation
The Southwest California Legislative Council (SWCLC) has
expressed its support for two Federal pieces of
legislation that will impact the future competitiveness
and environmental soundness of the Long Beach and Los
Angeles Ports and aid in the goods movement process from
the Southwest California region.
H.R. 3446 provides for a competitive program making
grants to seaport governing bodies for the acquisition
of fuel efficient and low-emission equipment and systems
at port facilities.
H.R. 3447 would alter the funding system for the Trust
Fund by taking the spending power out of the hands of
Congress. H.R. 3447 will allow the funding to be used
entirely and without delay by the U.S. Army Corps of
Engineers for dredging of America’s harbors.
“H.R 3446 will further advance the effort to ensure the
movement of goods through Long Beach and Los Angeles
Ports in an environmentally friendly way while not
impacting the bottom line of our business members,”
Roger Ziemer, Chair of the Southwest California
Legislative Council. “And, most importantly, because of
the grant-making process, it enables progress without
negative financial consequence to the Ports that would
have ultimately been passed onto businesses that utilize
and depend on the Ports,” continued Ziemer.
H.R. 3446, which will be developed and administered by
the Secretary of Transportation, allows harbor
commissions and port authorities to apply for grants
that can be used to fund projects and/or the acquisition
of equipment that promote environmental, air quality,
and fuel use reduction benefits.
H.R. 3447 will revise current protocol in which funding
is subject to Congressional approval, a protocol that
has resulted in funding delays as well as the
reallocation of funds otherwise earmarked for the
dredging and maintaining of harbors and ports to
unrelated budget measures.
January 10, 2010
New Laws That May Impact Your Business
A number of legislative and regulatory changes will take
effect in 2010 that may impact the operations and
planning of local businesses.
“Keeping our members informed of the nature and timing
of these types of changes is an important part of the
SWCLC’s mission,” Roger Ziemer, Chair of the Southwest
California Legislative Council.
New Form I-9
Revised August 7, 2009, the new Form I-9 contains an
updated list of acceptable documents that employees must
present upon hiring. The new form also bears a note that
all documents presented to establish identity and/or
ability to work in the United States must not be
expired.
E-Verify Required for Federal Contractors
Federal contractors and subcontractors must use the
E-Verify system when hiring employees. Other employers
may use the verification system if they wish to do so.
E-Verify compares Form I-9 document information against
federal government databases to verify employment
eligibility.
Increase in State Withholding
State withholding increased on November 1, 2009. There
is a 10 percent mandatory increase on employee
withholdings, a 0.6 percent increase in supplemental
wage withholding and a 1.2 percent increase on wage
stock options and bonus payments.
Alternative Workweek Schedules
The law regarding alternative workweek schedules was
amended to permit an eight-hour day as a valid
alternative schedule.
Additionally, the Division of Labor Standards
Enforcement (DLSE) issued an opinion letter stating that
under some circumstances, an alternative workweek
schedule may be in place for less than a full year — for
example, during the summer months only.
FMLA Amendments
Federal legislation changed the definition of which
service members are covered for leave under the
"qualifying exigency" category.
For regular Armed Forces members, "covered active duty"
means duty during the deployment with the Armed Forces
to a foreign country. Reservists are covered when they
are on duty during deployment with the Armed Forces to a
foreign country or notified of an impending call to
active duty.
Civil Air Patrol Leave
Employers with more than 15 employees are subject to a
new leave for employees who are volunteer members of the
Civil Air Patrol.
Minimum Wage for Exempt Computer Professionals and
Licensed Physicians
Rates for exempt computer professionals and licensed
physicians do not change for 2010. The current rates for
these professions are: Computer Professionals:
$37.94/hour, $6,587.50/month, $79,050/year
Licensed Physicians:
$69.13/hour
Safety
AB 1083 (John A. Perez; D-Los Angeles) adds requirements
to the Health and Safety Code requiring all licensed
hospitals to annually conduct a safety and security
assessment.
SB 188 (Runner; R-Lancaster) amends the Code of Civil
Procedure to permit post-secondary educational
institutions to seek temporary restraining orders and an
injunction on behalf of a student or students. This
requires written consent of the student(s).
Out-of-State Marriages
California recognizes out-of-state marriages as legal in
California if they are legal in the state where the
marriage occurred. SB 54 (Leno; D-San
Francisco) provides a same-sex couple's marriage, valid
in the state in which it was contracted, will receive
the same rights in California as spouses, with the
exception of the designation of "marriage."
Workers' Compensation Cannot Be Denied
Workers' compensation cannot be denied because an
employee was killed by a third party in the course of
the employee's work, no personal relationship existed
between them and the injury/death was because of third
party's personal belief relating to the employee's race,
religion, color, national origin, age, gender,
disability, sex or sexual orientation.
December 9, 2009
Regional Business Community Releases Annual Vote Record
Holding Elected Officials Accountable
The Temecula Valley, Murrieta, Lake Elsinore Valley and
Wildomar Chambers of Commerce tracked 26 potential new
state laws in 2009 that might have an impact on the
regional business community. The Chambers, through
their regional business advocacy coalition, the
Southwest California Legislative Council (SWCLC),
discussed and took a position of support or opposition
on each potential new law and communicated those
positions with state legislators throughout 2009. The
SWCLC focused its efforts on some of the most
controversial issues impacting business such as water
and restrictive government regulations on business.
Click here for more.
November 30, 2009
Southwest California
Business Community Mourns Loss of Local Business Leader
Dennis Frank, Past Chairman of the Southwest California
Legislative Council released the following statement
today in response to the recent passing of Scott Crane,
a founding Board Member of the Southwest California
Legislative Council:
"We were all saddened to hear that Scott
Crane, a founding Board Member of the Southwest
California Legislative Council, passed away last Friday.
Scott was an important leader in our region and a
tireless advocate for our regional business community.
Scott’s knowledge of the healthcare industry and his
constant efforts to improve the affordability and access
to quality healthcare will serve as his legacy outside
of his highly regarded professional responsibilities.
Scott will be missed."
Below is the Visitation, Rosary and Funeral Information
Visitation and Rosary
Thursday at 6:00 pm, December 3, 2009
Evans-Brown Mortuary
27010 Encanto Dr.
Sun City, CA 92585
Funeral
Friday at 10:00 am, December 4, 2009
St Martha Catholic Church
37200 Whitewood Rd.
Murrieta, CA 92563
November 10, 2009
Southwest California Legislative Council Protects
Members from Anti-Business Legislation
The Southwest California Legislative Council of Commerce
opposed AB 793 and AB 943, two legislative proposals
that would have put businesses in the region at a
competitive disadvantage. SWCLC sent letters to area
legislators and the Governor urging their opposition to
the legislation. The Governor vetoed AB 793 and AB 943
in October.
“These were two very harmful pieces legislation that
would have hurt Southwest California businesses,” stated
Roger Ziemer, Chair of the Southwest California
Legislative Council of Commerce. “It is the belief of
the SWCLC that the state legislature needs to focus
their priorities on job creation and stimulating the
local economy,” continued Ziemer.
AB 793 would have revised the statute of limitations law
for any workplace claim or lawsuit relating to
compensation so that the statute of limitations is
renewed each time an employee’s compensation is
“affected,” including each time it is paid. AB 793 would
encompass a broad array of workplace decisions,
including hiring, job evaluations, and promotions. The
SWCLC opposed AB 793 because it unreasonably expands
employer liability in workplace lawsuits far beyond the
federal Lilly Ledbetter Fair Pay Act of 2009.
AB 943 would have prohibited employers from using
consumer credit reports for employment purposes unless
the information is “substantially job related.” It would
have severely diminished an employer’s ability to
protect their business from the threat of employee
theft. Employee theft has been well documented as a
growing problem and the United States Chamber of
Commerce rates the annual cost to businesses at $40
billion.
November 10, 2009
Southwest California Legislative Council Supports
Legislative Water Crisis Solution
California is in its third year of a drought and
Southwest California businesses are being asked to
reduce water usage as much as possible. There are a
number of methods available to businesses to aid efforts
to conserve water. However, many conservation efforts do
carry a large price tag potential placing businesses at
a competitive disadvantage. With such a hefty price tag,
businesses are seeking other ways to mitigate its
chronic water needs.
As reasonable solution is a legislative proposal
supported by the Southwest California Legislative
Council. AB 474 will mitigate the initial outlay for any
business willing to increase their conservation efforts.
“The SWCLC is well aware of the need to cut back on
water consumption and we are open to new innovated ways
to do so,” stated Roger Ziemer, Chair of the Southwest
California Legislative Council of Commerce. “AB 474 is a
solution in the right direction in which it will give
property owners the choice of conserving, while at the
same time allowing the economical means to install
conservation minded improvements,” continued Ziemer.
The key provision of AB 474 allows commercial and
residential property owners to enter into an agreement
with public agencies (in this case, water agencies) to
receive upfront financing for the installation of
permanent water use efficiency improvements. Property
owners will then be allowed to pay an annual assessment
until all costs associated with the project are repaid
to the public agency. Assembly Bill 474 expands upon
last year’s AB 811, which authorized the use of
voluntary assessment agreements between cities, counties
and property owners for financing energy efficiency
projects.
The Governor signed AB 474 into law in October of this
year.
November 6, 2009
Take Action:
Help Stop A Rancho California Water District Job-Killing
Proposal
 A recent article in the North County Times by
Rancho California Water District Vice President John E.
Hoagland entitled “What part of ‘water crisis’ escapes
understanding?” In the article, Hoagland calls for a
proposal that would enact a building moratorium on
commercial and residential property throughout the
Rancho California Water District’s service area.
We feel this is unnecessary and will actually continue
to do more harm than good by discouraging new businesses
to locate in our region. We have asked Vice President
Hoagland to reconsider his anti-job creating proposal.
Water rationing and conservation is very important to
us. We have supported various pieces of legislation
calling for such conservation and most recently urged
the Governor and State Legislature to enact timely
solutions to California’s ongoing water crisis. A
building moratorium does nothing to fix the water
crisis. It only adds injury to insult to an already
challenged regional economic.
Please submit your letter asking for the reconsideration
of this job killing proposal at a time when job-creation
must be a top priority with our elected officials.
Click here to submit your letter!
October 9, 2009
Take Action: Urge State
Leaders To Fix Our Water Crisis
The Temecula Valley, Murrieta, Lake Elsinore Valley and
Wildomar Chambers of Commerce are urging the Governor to
call a special session of the California Legislature to
finish dealing with California’s crumbling water system.
We cannot afford to wait any longer. After decades of
inaction, California’s water system continues to
deteriorate. Now is the time to finally bring us into
the 21st century by preserving this vital hub that is
the conduit for shipping water from the north to our
region in Southern California.
California’s water system was built for a population of
18 million. It is now strained to the breaking point and
needs to be upgraded for a population of more than 36
million that is expected to reach 50 million. The
ecological considerations also are straining the system
and are being co-equally considered in legislation that
has been introduced at the end of the session.
The need to complete this task is crucial - and
lawmakers must reach consensus on funding this historic
compromise.
Click here to submit your letter today!
September 22,
2009
Southwest Businesses Support State IOU Payment Proposal
A legislative proposal would allow any state agency to
accept a registered warrant (also known as an IOU) from
any business or individual for the payment of an
outstanding state financial obligation. AB 1506 allows a
business or individual to use the IOU at full face value
to make payments to the state, such as DMV registration
and tax payments. The Southwest California Legislative
Council supports AB 1506.
Click here for more.
September
10, 2009
Southwest California Businesses Help to Shape
Pro-Business Agenda
The Southwest California Legislative Council joined
forces with the California Chamber of Commerce and other
business organizations in shaping the economic recovery
in California that will ultimately have a direct impact
on the Southwest California region. A statewide
coalition is building momentum based on several key
business principles for the recovery of the state and
local economies.
Click here for more.
September 1, 2009
Chambers Oppose National Workers Compensation Commission
A federal proposal, newly introduced, looks to establish
a national commission to study state workers'
compensation laws. H.R. 635, if passed, would assemble a
14-person commission charged with, among other duties,
studying and evaluating each State’s workers'
compensation laws in order to determine if such laws
provide an adequate, prompt, and equitable system of
compensation for injury or death arising out of or in
the course of employment.
Click here for more.
August 14, 2009
Take Action: Support Assemblymember Kevin Jeffries'
Proposal To Make The Legislature More Open To The Public
ACA
8 (Jeffries) would allow the public and organizations to
comment on legislative proposals in State Legislature.
A 72 hour notice on any issue that comes before the
Legislature is a fair requirement. Other local
governments and municipalities must adhere to this
requirement as established in the Brown Act. This will
also allow for more transparency in state government and
put an end to back-room deals
More often than not, the public has little time to
submit their concerns and furthermore some state
legislators are unable to review such legislative
proposals.
This is why
we need your help. ACA 8 is stalled in committee and has
yet to receive a hearing. We need to bring notice to
this important and fair piece of legislation. Please
join us by voicing your concern to the committee chair.
Click here to take action on ACA 8
August 11, 2009
Chambers Take Action on Employee Theft Proposal
Employee theft is a growing problem. The U.S. Chamber
of Commerce rates the annual cost at $40 billion.
According to the Federal Bureau of Investigation, this
is the fastest growing crime in the United States and
many experts estimate that it increases at a rate of 15
percent annually. AB 943 is working its way through the
Legislature that will severely diminish an employer’s
ability to protect their business from this real threat.
“For any employer the risk
created by AB 943 represents a major liability that
discourages business growth in California,” stated Roger
Ziemer, Chair of the
Southwest California Legislative Council.
“For small businesses, every little bit counts and it is
their right and responsibility to protect the business
within reason. This proposal unduly restricts the
ability of businesses to use all legally available
information in employment decisions,” continued Ziemer.
On average, businesses lose
as much as two percent of sales to employee theft. AB
943 prohibits employers from using consumer credit
reports for employment purposes unless the information
is “substantially job related,” as defined, including
positions that handle cash, other assets, or personal
information, and at least one of the following
conditions: managerial, municipal, sworn peace officer
or other law enforcement, or as otherwise required by
law. Moreover, language in AB 943 strongly mirrors
language from AB 2918 (2008) that was vetoed by Governor
Schwarzenegger.
August 8, 2009
Chambers Opposes Costly Federal Mandate
The Southwest California Legislative Council opposes a
federal legislative proposal that would mandated paid
vacation for full and part-time employees. The first of
its kind at the federal level, H.R. 2564 would be costly
to employers at a time when unemployment rates have
continued to climb as both large and small businesses
struggle in a fragile economy.
“Time and time again we have opposed state mandated paid
vacation proposals and see no other reason but to
continue to oppose this type of mandate at the federal
level,” stated stated Roger Ziemer, Chair of the
Southwest California Legislative Council. “Mandates of
any kind are not the right way to do business in
California or anywhere in the country for that matter.
We believe business needs to remain vigilant as the
legislative session moves on in order to protect jobs
and the cost of doing business in Lake Elsinore,”
continued Ziemer.
H.R. 2564, also known as the Paid Vacation Act of 2009,
comes at a time when businesses may not be able to
afford extra vacation time and would also limit the
benefits an employer may currently offer to its
employees such as bonuses.
Details of H.R. 2564:
- Full- and part-time (25 hours per week/1250 hours per
year) workers will be eligible after one year of
service.
- “Eligible employee” means an employee who has been
employed for at least 12 months by the employer with
respect to whom leave is requested and has accumulated
at least 1,250 hours of service with such employer
during such 12-month period.
- 3 years after the date of enactment of H.R. 2564
following would also be allowed:
- Eligible employee of an employer that employs 50 or
more employees at any time during a calendar year shall
be entitled to a total of 1 workweek of paid vacation
during each 12-month period.
- Eligible employees of an employer that employs 100 or
more employees shall be entitled to a total of 2
workweeks of paid vacation during each 12-month period,
beginning on that eligible employee's first anniversary
of employment.
- H.R. 2564 requires an eligible employee shall provide
the employer with not less than 30 days' notice, before
the date the paid vacation is to begin and identify the
date such paid vacation shall begin.
August 5,
2009
Chambers
Support Legislative Water Crisis Solution
California is in its third year of a drought and
Southwest California businesses are being asked to
reduce water usage as much as possible. There are a
number of methods available to businesses to aid efforts
to conserve water. However, many conservation efforts do
carry a large price tag potential placing businesses at
a competitive disadvantage. With such a hefty price tag,
businesses are seeking other ways to mitigate its
chronic water needs.
As reasonable solution is a legislative proposal
supported by the Southwest California Legislative
Council. AB 474 will mitigate the initial outlay for any
business willing to increase their conservation efforts.
“Our business community is well aware of the need to cut
back on water consumption and we are open to new
innovated ways to do so,” stated stated Roger Ziemer,
Chair of the Southwest California Legislative Council.
“AB 474 is a solution in the right direction in which it
will give property owners the choice of conserving,
while at the same time allowing the economical means to
install conservation minded improvements,” continued
Ziemer.
The key provision of AB 474 allows commercial and
residential property owners to enter into an agreement
with public agencies (in this case, water agencies) to
receive upfront financing for the installation of
permanent water use efficiency improvements. Property
owners will then be allowed to pay an annual assessment
until all costs associated with the project are repaid
to the public agency. Assembly Bill 474 expands upon
last year’s AB 811, which authorized the use of
voluntary assessment agreements between cities, counties
and property owners for financing energy efficiency
projects.
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We Thank Our
Partners:
Southwest Riverside Country Association of Realtors
Metropolitan Water District
Near-Cal Corporation
Economic Development Corp of
Southwest California
Elsinore Valley Municipal Water District
The Gas Company
Abbott Vascular
The Murrieta Temecula Group
Temecula Valley Chamber of Commerce
Murrieta Chamber of Commerce
Lake Elsinore Valley Chamber of Commerce
Wildomar Chamber of Commerce
Southern California Edison
Loma Linda University Medical Center – Murrieta
ACE Hardware- Wildomar
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