Early in the morning of September 1, the 2018-19 legislative session was gaveled to a close. During the last month of session, the Legislature acted on over 1,000 measures, the majority of which made it to the Governor. All of the approved bills are on or heading to the Governor’s desk and he has until September 30 to sign or veto them. While Governor Brown is known for being fiscally moderate there could be some surprises this year given his lame-duck status.
At the end of this signing session, the Governor will have acted upon a total of 1,217 Assembly and Senate bills for the 2018 year. There are 2,739 bills that are dead, having failed to meet their respective legislative deadlines or vote thresholds. A breakdown of key issue areas and legislation for the Family Business Association of California is provided below.
Energy
The cost of energy in California remains a significant issue for businesses. However, California leaders maintain their enthusiasm over leading the world on greenhouse gas reduction legislation. FBA weighed in on several proposals and on the eve of the Governor’s Global Climate Summit he signed significant legislation.
SB 100 (De Leon) requires California to obtain 100% of its power from zero greenhouse gas emission sources by 2045. The bill has been debated by lawmakers for nearly two years as it faced cost and feasibility concerns. In addition to the 2045 target, SB 100 would also require electric utilities and other service providers to generate 60% of their power from renewable sources by 2030, up from the current 50% goal set for that date. CHAPTERED The Governor’s signing message for SB 100 can be found here.
Labor
FBA has been engaging in several labor legislative issues this year working with coalitions to oppose many and support a few such as PAGA reform.
AB 2841 (Gonzalez-Fletcher) would have mandated an increase in paid sick leave from 3 to 5 days per employee per year. The bill faced incredible opposition from the business community and ultimately died in Assembly Appropriations.
AB 3080 (Gonzalez-Fletcher) would have significantly expanded employment litigation and increased costs for employers and employees by banning settlement agreements for labor and employment claims as well as arbitration agreements made as a condition of employment. The bill died in Assembly Appropriations.
SB 1284 (Jackson) would have required California employers to submit pay data to the Department of Industrial Relations, subjecting employers to unfair public criticism, enforcement measures, and significant litigation costs. The bill died in Assembly Appropriations.
SB 1300 (Jackson) would significantly increase litigation by substantially lowering the standard for what constitutes standing to sue an employer for harassment or discrimination from “severe or pervasive” to “makes it more difficult to do the job.” This bill also bans the use of non-disparagement agreements and attempts to limit the ability to summarily adjudicate harassment claims forcing employment practices claims into court or costly settlements. These claims are very expensive to investigate and defend, even if there was no actual wrongdoing by the employer. The scope of this bill was significantly narrowed in the Assembly Appropriations Committee by removing language requiring employers to provide sexual harassment training, including bystander intervention training, as well as eliminating language that individuals could sue employers without having endured harassment or discrimination. The bill is on the Governor’s desk awaiting signature.
AB 2613 (Reyes) would have imposed another layer of Labor Code penalties for wage and hour violations in addition to the penalties already available under PAGA and imposed personal liability onto employees. Due to strong opposition, the author never brought the bill up for a vote.
Taxation
Tax policy continues to be a leading issue for FBA and area of major discussion at the Capitol. FBA led the fight against the estate tax earlier this year and maintained the fight on the measures that continued to receive attention all session.
SB 993 (Hertzberg) was another attempt to shift to a tax on services. The measure would have expanded the sales and use tax law to impose a tax on the purchase of services by businesses in California. The bill would have exempted certain types of services, including health care services, from the tax. In a twist over his previous legislation, Hertzberg directed the funds to be appropriated to provide tax relief to middle-income and low-income Californians. The bill was never brought up for a vote. Informational hearings were scheduled instead to research the issue further but never took place.
SCA 24 (Galgiani) would have created financial hardships for family businesses and farms that could have resulted in liquidation of the business and loss of jobs for the employees. SCA 24 would have limited the exclusion not deemed to be a “purchase” or “change in ownership” for the purchase or transfer of a principal residence from parents or grandparents to their children, and would have required it to continue as a principal residence of the transferee. The measure also would have deleted the exemption on the first $1 million of the full cash value of all other real property, including family businesses and farms, thereby requiring these properties to be reassessed upon a transfer to a child or grandchild. The bill was never voted on.
Water Tax Fails. Governor Brown tried and failed to secure a deal to provide safe drinking water funding for disadvantaged communities in California. After failing to win approval of a mandatory tax on water bills earlier this year, Senator Monning introduced SB 844and SB 845 in the last two weeks of the session that would have applied a voluntary levy on ratepayers of less than $1 per month and would have established a tax on dairies and fertilizer manufacturers. The bills were held in the Appropriations Committee but Assembly Speaker Rendon released a statement saying that they will work on this issue over the fall and be prepared to discuss the issue during the next legislative session.
Family businesses are often the pillars of their community. A case in point is Peterson Holding Companies, the parent firm of FBA Member Peterson Cat. The company was founded in 1936 by founder and company namesake Howard Peterson and now his grandson, Duane Doyle, is the company president.
Peterson Holding Company, and all wholly owned subsidiaries (“Peterson”), are committed to partnering with nonprofit and charitable organizations within the communities we serve. To request a consideration for a donation or equipment rental for your organization, please complete this application and return it to Peterson in the Community by email, fax, or mail.
Among the numerous charities and nonprofits the company has assisted over the years are TLC for Kids Sports, Miracle League of the North Bay, the National Breast Cancer Foundation, the Susan G Komen Foundation, the Salvation Army, and the Oakland Zoo.
Statistically, family businesses are far more likely to give back to their communities. They are based there, not in a city half a continent away, the owners have likely lived there for generations. They have deep roots.
FBA salutes Peterson and all its members for their community involvement. And we remind state lawmakers and regulators that this is just another reason why California should encourage family businesses to thrive from generation to generation, not hinder them.
Firms in Petaluma, West Sacramento, Chico, and Salinas seek to protect family business
Four businesses recently joined the Family Business Association of California, the only organization exclusively working to protect the interests of family businesses in Sacramento.
Clover Sonoma has joined FBA as a founding member, the highest level of membership. The company was founded in1916 as the Petaluma Cooperative Creamery and remained a cooperative until the mid 1970s, when the biggest fire in Petaluma’s history destroyed the processing and bottling operations. Clover Stornetta Farms was born in 1977 when Gene Benedetti purchased the wholesale distribution business after the co-op decided not to rebuild. Gene’s son, Dan, succeeded him as president in 1986 and the company was an early entrant into organics. Third-generation president Marcus Benedetti became president in 2006, and added the title of chairman of the board in 2015. They are a major dairy products company with 240 employees headquartered in Petaluma. The company rebranded as Clover Sonoma in 2017.
Three other businesses have joined as regular members.
The Sacramento River Cats, a Triple A baseball team affiliated with the San Francisco Giants, was founded by Art Savage in 1999 and has been one of the most successful minor league sports teams in the country. Art passed away several years ago after a brief illness, and his wife, Susan, is now CEO and majority owner, and son Jeff is president of the team. The team is headquartered in West Sacramento where they play baseball at Raley Field. They have 60 full time employees.
Chico-based Northgate Petroleum Company was founded in 1922 with a two-horse-drawn tank wagon. It also established Chico’s first Shell gas station. Bud Caldwell and a partner purchased the company in 1988 and they provide fuels and lubricants in Northern California and Central Nevada.
And Corral De Tierra Cattle Company is a first-generation Monterey County ranch raising grass-finished Angus cattle and providing land management services. The first-generation company owned by Mark Farr focuses on raising premium beef while incorporating regenerative land stewardship into its day-to-day management.
FBA Executive Director Robert Rivinius said the four companies recognize the challenges of doing business in California and seek to remain family-owned in the years to come.
“California’s family businesses are the pillars of their communities. They create the bulk of new jobs, look at the long-term, treat their employees as extended family and stakeholders, and are far more responsive to local needs than corporations headquartered thousands of miles away,” Rivinius said.
“Yet the state’s ever-increasing tax and regulatory burden makes it harder and harder for these firms to remain strong. This year, FBA led a coalition to defeat a dangerous plan to impose a California inheritance tax that would have jeopardized the future existence of many of these companies, and these four businesses recognize the need for family businesses to band together.”
About the Family Business Association of California (FBA): Founded in 2012, the Family Business Association of California is the only organization working exclusively at the Capitol to educate lawmakers and regulators about the importance of family businesses to the state’s economy and to their communities – and to advocate positions on legislation and regulations. For more information, visit www.myfba.org.
FBA has prepared a new video to promote membership in the Association. Produced by Marquee Media US, it features several FBA officers, board members, and company owners saying why FBA is crucial to the continued success of family businesses in California and how more members can expand our influence at the Capitol.
Thanks to Chairman Ken Monroe, Treasurer/Secretary Grant Deary, Board Members Kurt Glassman, Carol Burger, and Alfred Garcia, and Corrie Nichols Davis, the managing partner of Founding Member Gorrill Ranch, for assisting in the production.
The video can be viewed on the About Us page. Please feel free to share it with fellow members and prospects!
The U.S. economy is, at present, growing very rapidly, and 2018 is shaping up to be the best year for economic growth since 2006. As a result, the Federal Reserve is a lock to raise rates by a quarter-point in September, and there is at least a 70% chance that they will do so again in December to cool down growth and prevent inflation from taking hold. But plenty can go wrong with this forecast. Contagion from an emerging market or financial crisis is always possible, but the biggest immediate threat comes from the rapidly escalating trade war we are in.
Elliot Eisenberg
The most likely outcome of rising trade tariffs is a premature pause in the current interest rate rising cycle. This is because a trade war will cause business demand for physical plant, equipment, and employees to contract due to heightened economic uncertainty. Trade wars will also cause consumer demand to lessen due to rising unemployment, higher prices, and falling consumer confidence, exacerbated by a decline in equity values. While such a slowdown would not be expected to be that large, it would still slow GDP growth and interest rate increases. If, however, the hit to GDP is bigger than anticipated, because the quantity of imported goods facing steep tariffs rises substantially, rates could be reduced to ward off a possible recession. That would only occur if other factors came into play, as the current $50 billion in products facing tariffs along with any retaliatory actions by other nations is not nearly large enough to meaningfully reduce GDP, let alone drive us into recession.
The bigger fear is that a trade war has the opposite effect on monetary policy and forces the Fed to raise interest rates. If this occurs, it would be very destructive to both Main Street and Wall Street. For this to happen, the economy would need to experience a series of strong negative supply shocks. It might happen like this: global trade conflicts quickly escalate, significantly driving up the cost of many imported goods as well as domestically-produced substitutes. This sudden rise in prices would raise production costs, which would, in turn, lead to inflation and a rise in the dollar and unemployment as exports decline and policy uncertainty rises. Worse, the rise in inflation could cause long-term inflation expectations to not only rise but also become somewhat permanently embedded in markets, such that higher inflation expectations persist even after the economy returns to normal. This is precisely what happened in the late 1960s and eventually led to 20% interest rates in the late 1970s and early 1980s.
With this history still quite fresh in the institutional memory of the Federal Reserve, policy makers would be expected to respond to such a situation by raising interest rates to wring out any permanent rise in inflation expectations. This is precisely what was done in the early 1980s by then Fed Chairman Paul Volker. Of course, this rise in rates would slow growth and weaken the economy even more.
While the chances of seeing rates rise to ward off a rise in inflation expectations is highly unlikely, it is a worst case-scenario for both the economy and financial markets. This is because it offers a combination of faster inflation, weaker growth, and tighter monetary policy. My baseline is that the impacts of rising tariffs and protectionism are too limited to meaningfully alter the course of monetary policy. But, in the fog of (a trade) war, things inevitably go awry — just think of Harley-Davidson’s unexpected decision to shift to offshore manufacturing — and adversaries respond in ways not anticipated; be prepared.
Elliot Eisenberg, Ph.D. is President of GraphsandLaughs, LLC and can be reached at Elliot@graphsandlaughs.net. His daily 70-word economics and policy blog can be seen at www.econ70.com. You can subscribe and have the blog delivered directly to your email by visiting the website or by texting the word “BOWTIE” to 22828.
Family businesses are often the pillars of their community. A case in point is Peterson Holding Companies, the parent firm of FBA Member Peterson Cat. The company was founded in 1936 by founder and company namesake Howard Peterson and now his grandson, Duane Doyle, is the company president.
