Pirate's Cove

No one can possibly be surprised by this, can they?

California legislative switcheroo could ‘gut-and-amend’ bridge bill into coronavirus vaccine mandate

California Democrats are looking to force through statewide coronavirus vaccine rules in a bill that was initially supposed to be about tolls on a bridge in the Bay Area, using a controversial “gut-and-amend” tactic that repurposes an existing bill.

The legislative screen allows state lawmakers to fast-track their agenda without going through committees and other early hurdles, according to state Assemblyman Kevin Kiley, a Republican and candidate to replace Gov. Gavin Newsom in next month’s recall election. (snip)

The original bill, AB 455, was supposed to regulate traffic lanes on the San Francisco-Oakland Bay Bridge. But a draft of an amended version published by the California Globe replaces the toll provisions with language that would allow private employers to fire employees if they refuse to get a COVID-19 vaccine.

Democrats own the legislature in full, so, there’s zero chance it doesn’t pass a full vote. There aren’t enough Republicans to stop it. Let’s switch to the California Globe article

Gut-and-amend bills can be particularly insidious. This secretive process often leaves lawmakers, as well as the public, little or no time to review entirely new legislation dropped into an old bill. And usually, the subject of the legislation has nothing to do with the bill’s previous legislative issue.

These are the same people who always yammer about Democracy dying. Yet, they don’t seem all that interested in giving the People an actual voice, or letting them know what’s going on

Amendment 5: 52.8. (a) Notwithstanding any other law, an establishment, as defined in subdivision (b), shall require each person who is eligible to receive the COVID-19 vaccine, who seeks to enter the indoor facilities of that establishment, to show proof to an employee or authorized agent of the establishment that the person has been vaccinated against COVID-19.

Note: “To the extent allowable under state and federal law and any employment agreement entered into on or after the effective date of this act, an employee who refuses to comply with this section may be subject to termination.”

That sure seems to be saying that all employees must be vaccinated or they cannot work at the place of business.

This seems to be aimed at employees, to make sure that they cannot sue the employer for termination, but, it leaves open the notion of businesses denying access under the law to all who haven’t been vaccinated. Further, it seems to be saying that all who enter the business, whether employee or customer, must be asked if they were vaccinated, and denying if they aren’t.

(1) COVID-19 vaccine supplemental paid sick leave shall be available to an employee if that employee is unable to work due to either of the following reasons: (A) The employee is attending an appointment to receive a vaccine for protection against contracting COVID-19. (B) The employee is experiencing symptoms related to a COVID-19 vaccine.

(2) An employee shall be entitled to the following number of hours of COVID-19 vaccine supplemental paid sick leave:

(A) An employee is entitled to 24 hours of COVID-19 vaccine supplemental paid sick leave. (B) COVID-19 vaccine supplemental paid sick leave to which an employee is entitled pursuant to this section shall be in addition to any paid sick leave that may be available to the employee under any other law. (c) An employee may determine how many hours of COVID-19 vaccine supplemental paid sick leave to use, up to the total number of hours to which the employee is entitled pursuant to subparagraph (A). The COVID-19 vaccine supplemental paid sick leave is available for immediate use by the employee.

(3) Each hour of COVID-19 vaccine supplemental paid sick leave shall be compensated at the regular rate of pay to which the employee would be entitled if the employee had been scheduled to work those hours pursuant to existing law or an applicable collective bargaining agreement.

So, yeah, it also forces the employers to pay extra sick leave to employees if they get COVID, up to 24 hours at regular rate of pay.

Capitol sources note business groups like the cover of this bill being a government edict so they can wash their hands of some liability on COVID protection. And, labor is using this to extort more concessions like additional sick leave and bonus hazard pay.

A Capitol source said, “It’s never good when big business and labor may be on the same side of things.”

Remember, this is all about science.