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California Competitiveness


Legislation:

  • NOLs and Real Estate Withholding. SB 1012 (Poochigian) allows corporations to take a 100 percent net operating loss carryforward for 2003 losses and repeals the disallowance provisions for 2002 and 2003. It also limits real estate withholding provisions to out-of-state residents.

  • Suspension of Anti-Business Bills. SB 1X (Poochigian) suspends the effective date of several anti-business bills enacted in 1999, 2001 and 2002 until Governor Davis issues a proclamation that California has fully recovered from the current recession.

    Statutes proposed to be suspended are:

·         AB 60 (Knox) of 1999, reducing flexible workweeks, by requiring overtime to be paid from time worked in excess of eight hours a day, rather than 40 hours a week.

·         SB 975 (Alarcon) of 2001, expanding the definition of “public funds” requiring payment of “prevailing wages.”

·         AB 749 (Calderon) of 2002, increasing workers’ compensation benefits.

·         AB 2509 (Goldberg) of 2002, allowing local governments to impose labor standards more stringent than required by the state for local projects receiving state funding.

·         AB 2816 (Shelley) of 2002, requiring temporary employment agencies to pay workers’ compensation premiums for employees furnished contractors, based on the experience modification of the licensed contractor.

·         SB 1156 (Burton) of 2002, requiring mandatory mediation of labor disputes between farmers and farm unions.

·         AB 2596 (Wesson) of 2002, placing a 2008 sunset date and making other changes in SB 1156 (see above). 

  • Appropriations Limit. SCA 3 (McClintock) was amended on April 21 to change provisions in a revamped state spending limit. Subventions to local government are proposed to be included in the state’s limit and excluded from the local limit. Refunds of specified amounts over the state’s limit must go to personal income and corporate taxpayers.