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Chambers Oppose Effort to Mandate Different Workers Comp Rates Based Solely on Gender

The Santa Maria Valley Chamber partnered with the California Chamber of Commerce and other organizations to respectfully OPPOSE SB 1458. SB 1458 is likely unconstitutional, undermines the workers’ compensation system, and
conflicts with existing law.

SB 1458 Likely Violates Both the California and Federal Constitutions

While Section 4 of Article XIV of the California Constitution “grants to the Legislature ‘plenary power, unlimited by any provision of this Constitution to establish and enforce a complete system of workers’ compensation,” that power is not absolute. See Yosemite Lumber Co. v. Industrial Acc. Commission of Cal., 187 Cal. 774, 780 (1922) (“Nothing is added to the force of the provision by the use of the word ‘plenary.’ If the Legislature has power to do a certain thing, its power to do it is always plenary. It is merely surplus verbiage.”) Not only are there limitations to that power, but also the California Legislature is of course still subject to the federal Constitution

The letter written in opposition of SB 1458 may be found here.

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