Foremost among the responsibilities of the California
Hotel & Lodging Association is representing all components of the
lodging industry and providing protection from the various legislative
and regulatory bodies in California as well as nationally, through
CH&LA’s national affiliation with the American Hotel & Lodging
Association. CH&LA is the only California state lodging association
that provides national representation and protection to its members.
Listed below are the key components of CH&LA's ongoing Governmental
Affairs program that include Legislative Advocacy, Regulatory Representation, Ballot Measures, Legal Representation, and Regional Educational Meetings.
Legislative Advocacy: CH&LA addresses a wide range of legislative
issues in Sacramento, while the American Hotel & Lodging Association
does the same in Washington, DC. CH&LA's long-time legislative advocates
(Public Policy Advocates), annually
review thousands of bills as they are introduced and amended in Sacramento
each year. Bills which could have an impact on the lodging industry — either
positive or negative — are identified, reviewed and tracked
throughout the legislative process to aggressively protect the
lodging industry.
Proactively, CH&LA helps the industry achieve legislative changes
that are beneficial to its interests. Following identifying legislative
changes that CH&LA wants to sponsor in the following session,
an appropriate effort is undertaken to identify and secure legislative
support,
build coalitions if necessary, lobby and advocate actively
to ensure enactment of its initiatives.
Employee Free Choice Act, also known as Card Check, has been an important topic in the past two years. The lodging industry is committed to protecting workers' rights, including the right to join unions and approve their labor contracts through a fair and federally-supervised private ballot election. Proposed "card check" legislation is a serious threat to the California lodging industry and one of the many issues that CH&LA has fought against. AH&LA has produced videos to explain this proposed legislation entitled "Think Again" and "Stand Up Part 1" & "Stand Up Part 2".
Some other examples of legislation that CH&LA has successfully brought
into being on behalf of the industry are:
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Authorization for in-room "mini bars"
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Authorization for service of wine by bed and breakfast inns
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Exemption of bed and breakfast inns from unnecessary requirements
applicable to full-service restaurants
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Enactment of bills to create California Tourism Marketing Act
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Exemption from "no-smoking" rule for guest rooms and
private meeting rooms
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Exemption of hotel/motel shuttle buses from PUC regulations
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Expansion of rights of innkeepers to evict guests for non-payment
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Authorization to serve alcoholic beverages in limited-service properties
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Enactment of uniform statewide standard for certification of food
service managers
CH&LA also gets involved in legislative issues at the local level
in California when upon request by CH&LA members. Most frequently,
CH&LA staff provides support and local representation in
connection with efforts to increase local bed taxes, as well
as local ordinances
prescribing hotel/motel registration procedures, permissible
length of stay, food service requirements, sprinkler and other
fire safety
requirements,
and public health issues.
Regulatory Representation: The
legislative component is only part of CH&LA's Governmental Affairs program. CH&LA
charts an aggressive course in working with the 51 regulatory agencies
in
California to enhance the ability of the lodging industry to
conduct their operations without unreasonable restrictions. For a list of agencies that CH&LA works with, click here.
Some of the more significant regulatory changes which CH&LA
has initiated and obtained are the following:
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Repeal of California's daily overtime requirement
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Increase in maximum meal and lodging credits allowed
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Exemption of commissioned banquet, sales, and catering managers
from overtime requirement
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Exemption of "complimentary" food and beverage from
sales taxation
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Exemption of low-rise properties to provide unsafe "operable" windows
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Deregulation of the charges which innkeepers can impose on in-room
telephone calls (prior to CH&LA's multi-year effort,
the maximum per-call charge was $.25)
-
Exemption from requirements to provide Proposition 65 warnings
for faucets and ceramic tableware
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Exemption of hotels/motels and restaurants from requirement to
use recycled packaging materials
Ballot Measures: CH&LA
has initiated and managed two successful ballot measure campaigns
which amended the California Constitution to provide all
building owners
(not just innkeepers) with millions of dollars of property tax relief when
they alter their buildings to provide fire safety features or handicap
accessibility.
CH&LA has also represented the lodging industry in fighting a number
of ballot measures that would have harmed the industry significantly.
Legal Representation: CH&LA considers representing the lodging
industry before the California courts as another important component
of its Governmental Affairs program. CH&LA has itself initiated
lawsuits regarding innkeeper rights (e.g., regarding wage-and-hour
issues). It has also filed amicus curiae (i.e., "friend of
the court") briefs in many cases. Some of the legal issues
on which CH&LA has taken a position in court are:
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The requirement to provide vacation pay to departing employees
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The right of the Industrial Welfare Commission to set separate,
lower minimum wages for tipped employees
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Limits on liability for stolen property of a guest
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The constitutionality of California's law limiting liability related
to serving alcoholic beverages.
Regional Educational Meetings: Each
year CH&LA conducts numerous
educational meetings throughout the state. Topics always include
the most recent legislative and regulatory actions and feature
a governmental affairs briefing. Participation in these events
is an excellent way for the lodging industry to stay current
on their compliance responsibilities.
