2011-2012 Legislative Session

CLCA Tracked Legislation Report for Week Ending May 11, 2012

AB 246

Wieckowski D

Income taxes: credit: hiring.

Amended:   5/8/2012   pdf   html

 

Status:

5/8/2012 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/8/2012 - S .  G. & F.

 

Summary:

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit for taxable years beginning on or after January 1, 2009, in the amount of $3,000 for each full-time employee hired by a qualified employer, with a maximum cumulative credit of $400,000,000 for all taxable years. Those laws define "qualified employer" as a taxpayer that employed 20 or fewer employees as of the last day of the preceding taxable year. This bill would, under both laws, for taxable years beginning on or after January 1, 2012, redefine "qualified employer" to mean a disabled veteran business enterprise, a disadvantaged business enterprise, a microbusiness, or a small business, as defined. This bill would, for taxable years beginning on or after January 1, 2012, allow a credit in the amount of $4,500 for each net increase in full-time employees, who are paid qualified wages of less than $16 per hour and a credit in the amount of $9,100 for each net increase in full-time employees, who are paid qualified wages of $16 or more per hour, as provided. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

AB 350

Solorio D

Displaced Janitor Opportunity Act.

Amended:   9/2/2011   pdf   html

 

Status:

9/10/2011 - Read third time. Refused passage. (Ayes 17. Noes 18. Page 2488.).

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

9/6/2011 - S .  THIRD READING

 

Summary:

Existing law, the Displaced Janitor Opportunity Act, requires contractors and subcontractors, that are awarded contracts or subcontracts by an awarding authority to provide janitorial or building maintenance services at a particular job site or sites, to retain, for a period of 60 days, certain employees who were employed at that site by the previous contractor or subcontractor. The act requires the successor contractors and subcontractors to offer continued employment to those employees retained for the 60-day period if their performance during that 60-day period is satisfactory. The act authorizes an employee who was not offered employment or who has been discharged in violation of these provisions by a successor contractor or successor subcontractor, or an agent of the employee, to bring an action against a successor contractor or successor subcontractor in any superior court of the state having jurisdiction over the successor contractor or successor subcontractor, as specified. This bill would rename the act the Displaced Property Service Employee Opportunity Act and make the provisions of the act applicable to property services, which would consist of licensed security, as defined, window cleaning, food cafeteria and dietary services, janitorial services, andbuilding maintenance services. This bill would exclude from the definitions of "contractor" and "subcontractor" specified types of food service providers. The bill also would make conforming changes.  

 

Misc1:

 

 

 

 

 

AB 780

Calderon, Charles D

Public contracts: fixed price contracts: sales and use taxes rate changes: transactions and use taxes.

Amended:   7/12/2011   pdf   html

 

Status:

8/26/2011 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/15/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

8/26/2011 - S .  2 YEAR

 

Summary:

Existing law imposes requirements on public entities with respect to the terms of public contracts. The Sales and Use Tax Law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the combined rate of 6 1/4 % of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state that is stored, used, or otherwise consumed in this state. This bill would provide, for a fixed price contract, as specified, between a government entity and a contractor, that the contractor is entitled to an increase in payment for a change in the contract price that is attributable to an increase in the taxes imposed by the Sales and Use Tax Law, and the government entity is entitled to a reduction in payment for a change in the contract price that is attributable to a decrease in the taxes imposed by the Sales and Use Tax Law, with the increase or decrease paid in accordance with the contract terms or as agreed to by the parties, as prescribed. The bill would also authorize the government entity to require the contractor to submit invoices for specified items consumed solely for use in the public work pursuant to the contract entered into by the government entity and the contractor. By placing new duties on local officials with respect to their contract practices, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1081

Ammiano D

State government: federal immigration policy enforcement.

Amended:   8/15/2011   pdf   html

 

Status:

9/9/2011 - Ordered to inactive file at the request of Senator Kehoe.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

9/9/2011 - S .  INACTIVE FILE

 

Summary:

Existing law, setting forth the findings and declarations of the Legislature, provides that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, within the state, and further provides that, for purposes of enforcing specified state laws, a person's immigration status is irrelevant to the issue of liability, and prohibits, in proceedings or discovery undertaken to enforce those state laws, an inquiry into a person's immigration status except where the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law. This bill would state the findings and declarations of the Legislature with respect to a memorandum of agreement with the United States Department of Homeland Security, regarding the implementation of the Immigration and Customs Enforcement's Secure Communities program, that the Bureau of Criminal Identification and Information within the Department of Justice entered into on April 10, 2009. The bill would require the bureau to modify that agreement, according to specified requirements, or to exercise its authority under the agreement to terminate the agreement. This bill would state th at nothing in this bill is intended to modify the bureau' s existing, established procedures for submitting or exchanging criminal justice information data with the Federal Bureau of Investigation.  

 

Misc1:

 

 

 

 

 

AB 1439

Alejo D

Minimum wage: annual adjustment.

Amended:   3/29/2012   pdf   html

 

Status:

5/2/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/2/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law requires that, on and after January 1, 2008, the minimum wage for all industries be not less than $8.00 per hour. This bill would provide for an adjustment to the hourly minimum wage on January 1, 2013, and annually thereafter, to maintain employee purchasing power. The automatically adjusted minimum wage would be calculated using the California Consumer Price Index, as specified. The bill would prohibit the Industrial Welfare Commission from adjusting the minimum wage downward and from adjusting the minimum wage upward if the average percentage of inflation for the previous year, as defined, was negative. The bill would require the Industrial Welfare Commission to publicize the automatically adjusted minimum wage. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

AB 1450

Allen D

Employment: discrimination: status as unemployed.

Amended:   4/25/2012   pdf   html

 

Status:

5/9/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

5/9/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law contains provisions that define unlawful discrimination and employment practices by employers and employment agencies. This bill would make it unlawful, unless based on a bona fide occupational qualification or any other provision of law, for an employer, an employment agency, or a person who operates an Internet Web site for posting jobs in this state to take specified employment actions relating to employment status, as defined, including, among other things, refusing to hire a person because of that person's employment status and publishing an advertisement or announcement for any job that includes provisions pertaining to an individual's current employment or employment status, as specified. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1514

Lowenthal, Bonnie D

Excavations: subsurface installations: violations.

Amended:   5/9/2012   pdf   html

 

Status:

5/10/2012 - Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

5/10/2012 - A .  APPR.

 

Summary:

Existing law generally requires any person planning to conduct an excavation to contact a regional notification center prior to excavation, and, if practical, to delineate the areas to be excavated. Existing law authorizes the Attorney General, a district attorney, or the state or a local agency that issued a permit to excavate to bring an action for the enforcement of a civil penalty against an operator or excavator who negligently or knowingly and willfully violates these and related provisions. This bill would increase the maximum amounts for civil penalties that may be assessed for negligent or knowing and willful violations, and would specify what are separate violations for purposes of assessing civil penalties. The bill would authorize , upon receipt of an investigation report prepared by the Public Utilities Commission or an operator , the Attorney General or the district attorney to bring an action in the name of the people of the State of California for the enforcement of those civil penalties. The bill would also authorize the Public Utilities Commission or an operator to provide an investigation report to the local or state agency that issued the permit to excavate, and would authorize the local or state agency to take action to assess those penalties. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1523

Perea D

Career technical education: transportation for the 21st century partnership academies.

Amended:   5/2/2012   pdf   html

 

Status:

5/3/2012 - Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/3/2012 - A .  APPR.

 

Summary:

Existing law provides for the establishment of partnership academies by participating school districts and establishes criteria qualifying pupils in grades 10, 11, and 12 for enrollment in the academies. Existing law establishes the parameters for the Superintendent of Public Instruction to issue grants to school districts maintaining high schools that meet the partnership academy eligibility requirements. This bill would establish one new category of partnership academies, the transportation for the 21st century partnership academy. Commencing with the 2013-14 school year, when funds become available for additional partnership academies, as specified, the Superintendent would be required to issue grants for the establishment of partnership academies in each geographical area of the California High-Speed Rail Project's planned 10 project sections, and would be required to give priority to partnership academies dedicated to educating pupils in transportation for the 21st century. The selection of school districts to establish the new partnership academies and the planning and development of the new partnership academies would be required to be conducted pursuant to the procedures and requirements established for all partnership academies under existing law. The bill would provide that the funding priorities it creates may be satisfied when the specified number of transportation for the 21st century partnership academies are funded, as specified. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

AB 1543

Alejo D

Public contracts: Buy American.

Introduced:   1/25/2012   pdf   html

 

Status:

4/27/2012 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was A. B.,P. & C.P. on 2/9/2012)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

4/27/2012 - A .  DEAD

 

Summary:

The California Buy American Act requires that a governing body of any political subdivision, municipal corporation, or district, and any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works or for purchasing materials for public use to only let those contracts to a person who agrees to use or supply materials produced or manufactured in the United States, as prescribed. Existing law does not apply this requirement to specified medical and scientific equipment and instruments, sewing machines, printing presses, or office machines or supplies, as specified. This bill would, on and after January 1, 2014, also apply a similar requirement to public contracts let for the purchase or lease of any manufactured tangible personal property or for any materials or structural components to be incorporated into real property, and would provide for specified exceptions, as provided. This bill would repeal those provisions that prohibit the application of the existing United States-made preference to specified medical and scientific equipment and instruments, sewing machines, printing presses, or office machines or supplies. By imposing new duties upon local governments with respect to public contracts, this bill would impose a state-mandated local program. This bill would also make related changes. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1544

V. Manuel PŽrez D

Undocumented workers: California Agricultural Jobs and Industry Stabilization Program.

Amended:   4/23/2012   pdf   html

 

Status:

5/9/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing provisions of federal law regulate immigration. Under federal law, state laws regulating immigration are preempted. This bill would, upon the state receiving the necessary authority under federal law, require the Employment Development Department to administer a California Agricultural Jobs and Industry Stabilization Program. This bill would require the Employment Development Department to certify that there are not enough legal residents of California to fill all open agricultural and service industry jobs in California. Once the department makes that certification, this bill would authorize the department to issue permits to undocumented aliens to work in the agricultural and service industries and who meet specified criteria. This bill would also authorize the department to issue permits to reside in California to the immediate family members, as defined, of an undocumented alien permitted as a worker under the program. This bill would require, prior to the issuance of a permit, an undocumented alien to pay a fee to the department and would require those fees to be deposited into the California Agricultural Jobs and Industry Stabilization Program Fund, established by this bill. This bill would also require the department, in conjunction with the Legislative Analyst's Office, to annually publish a report analyzing whether the program has caused the displacement of employable legal residents of California in the agricultural and service industries.  

 

Misc1:

 

 

 

 

 

AB 1565

Fuentes D

Public contracts: school districts: bidding requirements.

Amended:   4/26/2012   pdf   html

 

Status:

5/2/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/2/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Under existing law, the governing board of a school district may require each prospective bidder for specified contracts to submit a standardized questionnaire and financial statement, including information relating to financial ability and experience in performing public works, which is required to be verified under oath. Existing law further requires a school district requiring the above information to adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, as specified. This bill, until January 1, 2019 , would require the questionnaire and uniform system of rating bidders described above to cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations, as specified. This bill would provide that the questionnaire and uniform system of rating bidders described above shall not preclude the governing board of the district from prequalifying or disqualifying a subcontractor. This bill would provide that these provisions shall not apply to school districts with an average daily attendance of less than 2,500. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1588

Atkins D

Professions and vocations: reservist licensees: fees and continuing education.

Amended:   3/5/2012   pdf   html

 

Status:

3/28/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

3/28/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law provides for the regulation of various professions and vocations by boards , commissions, or bureaus within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. This bill would require the boards , commissions, or bureaus described above to waive the renewal fees and continuing education requirements, if either is applicable, of any licensee or registrant who is a reservist called to active duty as a member of the United States Military Reserve or the California National Guard if certain requirements are met.  

 

Misc1:

 

 

 

 

 

AB 1596

Cook R

Income taxes: credits: hiring full-time employees.

Introduced:   2/6/2012   pdf   html

 

Status:

4/9/2012 - In committee: Set, first hearing. Referred to REV. & TAX. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

2/17/2012 - A .  REV. & TAX SUSPENSE FILE

 

Summary:

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit for taxable years beginning on or after January 1, 2009, in the amount of $3,000 for each full-time employee hired by a qualified employer. Those laws define "qualified employer" as a taxpayer that employed 20 or fewer employees as of the last day of the preceding taxable year. This bill would, under both laws, for taxable years beginning on or after January 1, 2012, expand the definition of "qualified employer" to mean a taxpayer that employed 50 or fewer employees as of the last day of the preceding taxable year. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

AB 1671

Huffman D

Department of Transportation: retention proceeds.

Introduced:   2/14/2012   pdf   html

 

Status:

5/3/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

5/3/2012 - S .  RLS.

 

Summary:

Existing law prohibits the Department of Transportation, until January 1, 2014, from withholding retention proceeds when making progress payments for work performed by a contractor. This bill would make these provisions operative until January 1, 2020. The bill would also make a statement of legislative findings.  

 

Misc1:

 

 

 

 

 

AB 1750

Solorio D

Rainwater Capture Act of 2012.

Amended:   4/30/2012   pdf   html

 

Status:

5/7/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

5/7/2012 - S .  RLS.

 

Summary:

Under existing law, the State Water Resources Control Board (state board) and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the national pollutant discharge elimination system (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law authorizes a city, county, or special district to develop, jointly or individually, stormwater resource plans that meet certain standards. This bill would enact the Rainwater Capture Act of 2012, which would authorize residential, commercial, and governmental landowners to install, maintain, and operate rain barrel systems, as defined, and rainwater capture systems, as defined, for specified purposes, provided that the systems comply with specified requirements. The bill would require a local agency to provide notification to the operator of a public water system, as defined, if the local agency chooses to adopt a permitting program for rainwater capture systems and approves a permit for a rainwater capture system connected to the public water system. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1783

Perea D

Public contracts: small business preferences.

Amended:   4/10/2012   pdf   html

 

Status:

5/3/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/3/2012 - S .  RLS.

 

Summary:

Existing law requires state agencies to give small businesses a 5% preference in contracts for construction, the procurement of goods, or the delivery of services, establishes a procedure by which a business can be certified as a small business by the Department of General Services for the purposes of these preferences , and specifies that a business that has been certified by, or on behalf of, another governmental entity may be eligible for certification as a small business if the certifying entity uses substantially the same or more stringent definitions as those set forth in existing law, as provided . This bill would revise the small business certification procedure to provide that the Department of General Services has the sole responsibility for certifying and determining eligibility of small businesses and would provide that local agencies have access to the department's list of certified small businesses . This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1794

Williams D

Contractors: worker's compensation insurance reporting.

Amended:   4/9/2012   pdf   html

 

Status:

5/9/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law, the Contractor's State License Law, provides for the licensing and regulation of contractors. This bill would also make it a misdemeanor and a cause for disciplinary action for a licensed contractor to fail to notify his or her worker' s compensation insurance carrier within 20 days of hiring an employee. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1892

Halderman R

Department of Consumer Affairs: construction defect solicitations.

Amended:   4/16/2012   pdf   html

 

Status:

5/10/2012 - Read second time. Ordered to consent calendar.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/10/2012 - A .  CONSENT CALENDAR

 

Summary:

Under existing law, the Department of Consumer Affairs is comprised of boards that license and regulate various professions and vocations. Existing law provides that these boards are established to ensure that private businesses and professions are regulated to protect the people of this state. Under existing law, the department is under the control of the Director of Consumer Affairs. Existing law requires the director to administer and enforce the provisions of the Consumer Affairs Act, the intent of which is to promote and protect the interests of the people as consumers. Existing law also specifies the rights of a homeowner to bring an action against a builder for construction defects, including the applicable standards for home construction, the statute of limitations, the burden of proof, the damages recoverable, prelitigation procedures, and the obligations of the homeowner. This bill would require the department to post a notice on its Internet Web site advising a consumer who receives a construction defect solicitation to check with his or her builder in addition to taking other further action .  

 

Misc1:

 

 

 

 

 

AB 1904

Block D

Professions and vocations: military spouses: temporary licenses.

Introduced:   2/22/2012   pdf   html

 

Status:

4/18/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

4/18/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law provides for the issuance of reciprocal licenses in certain fields where the applicant, among other requirements, has a license to practice within that field in another jurisdiction, as specified. Under existing law, licensing fees imposed by certain boards within the department are deposited in funds that are continuously appropriated. This bill would authorize a board within the department to issue a temporary license to an applicant who, among other requirements, holds an equivalent license in another jurisdiction, as specified, and is married to, or in a legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. The bill would require a board to expedite the process for issuing these temporary licenses. The bill would require the applicant to pay any fees required by the board and would require that those fees be deposited in the fund used by the board to administer its licensing program. To the extent that the bill would increase the amount of money deposited into a continuously appropriated fund, the bill would make an appropriation.  

 

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AB 1920

Berryhill, Bill R

Contractors: compensation.

Amended:   4/9/2012   pdf   html

 

Status:

4/24/2012 - In committee: Set, first hearing. Failed passage.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

4/24/2012 - A .  B.,P. & C.P.

 

Summary:

Existing law, the Contractors' State License Law, provides for the licensing and regulation of contractors in the state by the Contractors' State License Board. Existing law prohibits a person acting in the capacity of a contractor from bringing an action to collect compensation for work performed as a contractor without alleging that he or she was a licensed contractor at the time the work was performed, except as specified. Existing law also authorizes a person who utilizes the services of an unlicensed contractor to bring an action in court to recover moneys paid to the unlicensed contractor for the performance of any act or contract. Existing law authorizes the court to determine whether a contractor has substantially complied with the contractor licensure requirement for purposes of these provisions, as specified. This bill would authorize a person acting in the capacity of a contractor without a license to bring or maintain an action for recovery of compensation for any act or contract if the person had previously been licensed as a contractor in this state and the board has retroactively reinstated the contractor's license from the date the work commenced through the date of completion. The bill would prohibit an action for recovery of compensation against a contractor that satisfies these conditions. The bill would authorize a licensed contractor who performs work outside the scope of his or her license to bring or maintain an action to recover compensation for the portion of the work that was performed within the scope of his or her license if the value of the unlicensed work does not exceed 20% of the contract price. The bill would limit the liability of a contractor performing work outside the scope of his or her license to the value of the unlicensed work if it does not exceed 20% of the contract price. The bill would authorize the court to consider specified mitigating and aggravating factors relative to the loss of a contractor's license in determining whether the contractor has substantially complied with the contractor licensure requirement for purposes of these provisions. The bill would also set forth the Legislature's intent regarding application of these provisions.  

 

Misc1:

 

 

 

 

 

AB 1941

Ma D

Taxation: qualified heavy equipment.

Amended:   3/29/2012   pdf   html

 

Status:

5/8/2012 - In committee: Hearing postponed by committee. (Refers to 5/7/2012 hearing)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

4/9/2012 - A .  REV. & TAX

 

Summary:

The California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a 2/3 vote of the membership of each house. This bill would, pursuant to this constitutional authorization, on and after January 1, 2013, impose a tax on every qualified lessee, as defined, of qualified heavy equipment, as defined, for the privilege of leasing or renting qualified heavy equipment in this state at the rate of 1.25% of the gross receipts of the qualified lessee. This bill would provide that this tax shall be in lieu of any personal property tax on qualified heavy equipment. This bill would require the tax to be administered by the State Board of Equalization and to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require all revenues, interest, penalties, and other amounts derived from the imposition of the tax to be deposited in the Heavy Equipment Revenue Fund in the State Treasury, established by this bill. This bill would require all revenues in the fund, upon appropriation by the Legislature, to be used to reimburse local entities for their loss of property tax revenues resulting from this bill. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 1960

Dickinson D

State contracts: reports: lesbian, gay, bisexual, and transgender businesses.

Amended:   3/27/2012   pdf   html

 

Status:

4/30/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

4/30/2012 - S .  RLS.

 

Summary:

Existing law requires the Department of General Services to make available a report on contracting activity containing specified information, including the level of participation of business enterprises, by race, ethnicity, and gender of owner, in specified contracts. This bill would require the Department of General Services to include in the report on contracting activity information regarding the level of participation of lesbian, gay, bisexual, or transgender owned businesses in specified contracts, as provided.  

 

Misc1:

 

 

 

 

 

AB 1963

Huber D

Personal income tax: Sales and use tax: Legislative Analyst's Office: report.

Amended:   4/25/2012   pdf   html

 

Status:

5/9/2012 - Read second time. Ordered to third reading.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

5/9/2012 - A .  THIRD READING

 

Summary:

The Personal Income Tax Law imposes taxes based upon taxable income, at specified rates, and allows a taxpayer to elect to take a standard deduction, as provided. Existing law imposes state sales and use taxes on retailers and on the storage, use, or other consumption of tangible personal property in this state at the rate of 61/4% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. This bill would require the Legislative Analyst's Office to assess the changes to the laws described above as proposed in the introduced version of this bill, and to make specified recommendations to the Legislature in a report to be issued on or before July 1, 2013.  

 

Misc1:

 

 

 

 

 

AB 2011

Gatto D

CalConserve Water Conservation Retrofit Program.

Amended:   4/18/2012   pdf   html

 

Status:

5/9/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters at the November 6, 2012, statewide election, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. The act would make $250,000,000 available, upon appropriation by the Legislature from the Safe, Clean, and Reliable Drinking Water Supply Fund of 2012, for direct expenditures, grants, and loans for water conservation and water use efficiency plans, projects, and programs. The bill would require up to $50,000,000 of those water conservation and water use efficiency funds, upon appropriation by the Legislature from the fund, to be allocated to the Department of Water Resources to establish the CalConserve Water Conservation Retrofit Program to provide grants to local water agencies for the implementation of local and regional water conservation revolving loan programs, as prescribed, that assist customers within the service area of the water agency to carry out water use efficiency retrofit projects , consistent with the act . This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

AB 2021

Wagner R

Works of improvement: disputed amounts.

Amended:   3/29/2012   pdf   html

 

Status:

5/10/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

5/10/2012 - S .  RLS.

 

Summary:

Existing law contains various provisions relating to contracts for the performance of private works of improvement, including provisions for the withholding and disbursement of retention proceeds. Existing law provides that, with respect to those contracts for works of improvement, the retention proceeds withheld from any payment may not exceed 150% of the disputed amount. This bill would increase the amount that may be withheld from progress payments or final payments, depending on the circumstances, to a sum of various amounts and percentages, as specified.  

 

Misc1:

 

 

 

 

 

AB 2099

Cedillo D

Employment: wage and hour violations.

Introduced:   2/23/2012   pdf   html

 

Status:

5/10/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/10/2012 - S .  RLS.

 

Summary:

Under existing law, every employer or other person acting either individually or as an officer, agent, or employee of another person, who requires or causes an employee to work for longer hours than those fixed or to work under conditions of labor prohibited by an order of the Industrial Welfare Commission, who pays or causes to be paid to an employee a wage less than minimum wage fixed by an order of the commission, or who violates or refuses or neglects to comply with any specified provision of the Labor Code or any order or ruling of the commission is guilty of a misdemeanor, punishable by a fine of not less than $100 or by imprisonment for not less than 30 days, or both. This bill would increase the fine for a violation of this provision from not less than $100 to not less than $250. The bill would also make technical, nonsubstantive changes.  

 

Misc1:

 

 

 

 

 

AB 2120

Nielsen R

Public contracts: contractors: licensure.

Introduced:   2/23/2012   pdf   html

 

Status:

2/24/2012 - From printer. May be heard in committee March 25.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

2/23/2012 - A .  PRINT

 

Summary:

Existing law requires state agencies and departments, prior to awarding a contract for work to be performed by a contractor, to verify that the person seeking the contract is licensed, as specified. This bill would make technical, nonsubstantive changes to those provisions.  

 

Misc1:

 

 

 

 

 

AB 2218

Williams D

Consumer safety: table saws.

Amended:   4/25/2012   pdf   html

 

Status:

5/7/2012 - Read second time. Ordered to third reading.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/7/2012 - A .  THIRD READING

 

Summary:

Existing law prohibits the sale of various types of products that are determined to be unsafe for the public, including, among others, specified bunk beds, infant cribs, and toys. Existing state regulations require certain types of table saws to be guarded by a hood and to contain various safety features to prevent injury. This bill would prohibit a seller, on or after January 1, 2015, from selling a new table saw in this state unless that table saw is equipped with active injury mitigation technology, as defined.  

 

Misc1:

 

 

 

 

 

AB 2219

Knight R

Contractors' workers' compensation insurance coverage.

Amended:   3/27/2012   pdf   html

 

Status:

5/9/2012 - In committee: Set, first hearing. Referred to APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - A .  APPR. SUSPENSE FILE

 

Summary:

Existing law, the Contractors' State License Law, provides for the licensing and regulation of contractors by the Contractors' State License Board within the Department of Consumer Affairs. Existing law requires every licensed contractor to have on file at all times with the board a current and valid Certificate of Workers' Compensation Insurance or Certification of Self-Insurance, or a statement certifying that he or she has no employees and is not required to obtain or maintain workers' compensation insurance. Existing law, until January 1, 2013, requires a contractor with a C-39 roofing classification to obtain and maintain workers' compensation insurance even if he or she has no employees. This bill would extend the operation of these provisions indefinitely. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 2237

Monning D

Contractors: definition.

Amended:   4/9/2012   pdf   html

 

Status:

4/18/2012 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 17). Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

4/18/2012 - A .  APPR.

 

Summary:

Existing law, the Contractors' State License Law, creates the Contractors' State License Board within the Department of Consumer Affairs and provides for the licensure and regulation of contractors. Existing law defines the term "contractor" to include, among others, any person or consultant to an owner-builder who undertakes, offers to undertake, or submits a bid to construct a building or home improvement project. Existing law requires applicants and licensed contractors to pay specified fees that are deposited into the continuously appropriated Contractors' License Fund. Under existing law, it is a crime for a person to act as a contractor without a license. This bill would define the term "consultant" for purposes of the definition of a contractor to include a person who provides a bid, or who arranges for and sets up work schedules and maintains oversight of a construction project , with respect to a home improvement contract , as specified. Because consultants who provide the above-described services would be required to pay license fees which are deposited into the Contractors' License Fund, the bill would make an appropriation. Because this bill would expand the scope of an existing crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 2288

Cedillo D

Labor-related liabilities: original contractor.

Introduced:   2/24/2012   pdf   html

 

Status:

4/30/2012 - In committee: Set, first hearing. Hearing canceled at the request of author.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

3/22/2012 - A .  L. & E.

 

Summary:

Under existing law, an action may be brought for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions. This bill would require a direct contractor, as defined, making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other work, to assume, and be liable for, any debt owed to a wage claimant for labor incurred by a subcontractor or contractor acting under, by, or for the direct contractor in performing labor, construction, or other work included in the subject of the original contract. The bill would authorize civil actions to enforce this liability, as provided.  

 

Misc1:

 

 

 

 

 

AB 2389

Lowenthal, Bonnie D

Contractor disclosure requirements.

Amended:   4/24/2012   pdf   html

 

Status:

4/25/2012 - Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

4/25/2012 - A .  APPR.

 

Summary:

Existing law governs certain obligations arising from particular transactions, including credit card disclosures, consumer contracts, and consumer warranties. This bill would prohibit a contractor, as defined, that provides services that require entering the residence or place of lodging of a member of the public from utilizing a uniform that bears the name or logo of the contracting entity, as defined, unless each uniform meets certain disclosure requirements. Among these requirements, the bill would require each of the contractor's uniforms to clearly, conspicuously, and legibly state that the contractor is providing services on behalf of the contracting entity, and the contractor's name. In addition to these requirements, the bill would further prohibit a contractor that provides the services described above relating to public health or safety services from utilizing a vehicle that bears the name or logo of the contracting entity unless each vehicle also meets the above requirements. The bill would also authorize the Director of Consumer Affairs to impose a fine of two hundred fifty ($250) dollars per day for each violation of these provisions, in addition to any other rights or penalties available by law. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

AB 2398

Hueso D

Water recycling.

Amended:   4/16/2012   pdf   html

 

Status:

4/25/2012 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 24). Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

4/25/2012 - A .  APPR.

 

Summary:

Existing law establishes the State Water Resources Control Board (state board) and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Department of Public Health (department) to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013. Existing law requires the department to develop and adopt uniform water recycling criteria for surface water augmentation, as defined, by December 31, 2016, if a specified expert panel convened by the department finds that the criteria would adequately protect public health. Existing law requires the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse, as defined, and to provide a final report on that investigation to the Legislature by December 31, 2016. Existing law requires the department, in consultation with the state board, to report to the Legislature from 2011 to 2016, inclusive, as part of the annual budget process, on the progress towards developing and adopting the water recycling criteria for surface water augmentation and its investigation of the feasibility of developing water recycling criteria for direct potable reuse. Existing law requires the state board to enter into an agreement with the department to assist in implementing the water recycling criteria provisions. This bill would enact the Water Recycling Act of 2012 to revise and consolidate those and other provisions relating to recycled water, and make other conforming changes to existing law. The act would establish a statewide goal to recycle a total of 1.5 million acre-feet of water per year by the year 2020 and 2.5 million acre-feet of water per year by the year 2030. The act would require the state board and regional boards, the department, the Public Utilities Commission, the Department of Water Resources, and other state agencies to exercise the authority and discretion granted to them by the Legislature to encourage the use of recycled water and meet the goals of the act. The act would require the department, on or before December 31, 2013, to adopt drinking water criteria for groundwater recharge projects utilizing recycled water. The bill would require the department, on or before December 31, 2016, to develop and adopt drinking water criteria for the use of advanced treated purified water for raw water augmentation projects not subject to the drinking water criteria for groundwater recharge projects utilizing recycled water. The act would subject those criteria to review by an expert panel convened and administered by the department to advise the department on public health issues and scientific and technical matters. The act would prescribe the types and contents of permits for recycled water to be issued by the state board or a regional board, as appropriate. Because certain reports submitted as part of the permit application process would be submitted under penalty of perjury, this bill would impose a state-mandated local program by creating a new crime. The act would establish the Water Recycling Research Fund and require that certain civil penalties be deposited into the fund, to be expended by the state board, upon appropriation by the Legislature, to conduct or fund research necessary to support the continued and safe use of recycled water in the state. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 2449

Norby R

Workers' compensation: independent contractors.

Introduced:   2/24/2012   pdf   html

 

Status:

5/2/2012 - In committee: Set, first hearing. Hearing canceled at the request of author.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

3/15/2012 - A .  INS.

 

Summary:

Existing law establishes a workers' compensation system to compensate an employee for an injury sustained in the course of his or her employment. Existing law requires that these provisions be liberally construed by the courts with the purpose of extending the benefits of these provisions for the protection of persons injured in the course of their employment. This bill would, require that these provisions be strictly construed by the courts with respect to what constitutes an independent contractor, as defined for purposes of limiting the inappropriate extension of these benefits to persons not intended to receive them.  

 

Misc1:

 

 

 

 

 

AB 2498

Gordon D

Department of Transportation: Construction Manager/General Contractor project method.

Amended:   5/1/2012   pdf   html

 

Status:

5/2/2012 - Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/2/2012 - A .  APPR.

 

Summary:

Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by state agencies for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. This bill would authorize the Department of Transportation to engage in a Construction Manager/General Contractor project delivery method, as specified, for projects for the construction of a highway, bridge, or tunnel. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 2517

Eng D

Wage liens: laborers and car washing and polishing employees.

Amended:   4/30/2012   pdf   html

 

Status:

5/1/2012 - Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

5/1/2012 - A .  APPR.

 

Summary:

Existing law provides that specified persons, including laborers, as defined, who contribute labor, skill, or services to a work of improvement, shall have a mechanic's lien upon the property so improved. This bill would authorize , until January 1, 2018, a car washing and polishing employee to record and enforce a wage lien upon specified real and personal property for wages and other compensation and related penalties and damages owed the employee. The bill would prescribe requirements relating to the recording and enforcement of the wage lien. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 2554

Berryhill, Bill R

Contractors.

Amended:   3/27/2012   pdf   html

 

Status:

5/3/2012 - Referred to Com. on B., P. & E.D.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/3/2012 - S .  B., P. & E.D.

 

Summary:

Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board. Under existing law, there is an enforcement unit within the board with specified responsibilities. Under existing law, the registrar of contractors is the executive officer and secretary of the board and is required to carry out specified administrative duties. Under existing law, the expiration, cancellation, forfeiture, suspension, or voluntary surrender of a license does not deprive the registrar of jurisdiction to proceed with, among other things, any investigation or disciplinary proceeding against the license. This bill would rename the enforcement unit as the enforcement division and would additionally specify that revocation of a license does not deprive the board of that jurisdiction.  

 

Misc1:

 

 

 

 

 

AB 2570

Hill D

Licensees: settlement agreements.

Introduced:   2/24/2012   pdf   html

 

Status:

4/25/2012 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 24). Re-referred to Com. on APPR.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

4/25/2012 - A .  APPR.

 

Summary:

Existing law provides that it is a cause for suspension, disbarment, or other discipline for an attorney to agree or seek agreement that the professional misconduct or the terms of a settlement of a claim for professional misconduct are not to be reported to the disciplinary agency, or to agree or seek agreement that the plaintiff shall withdraw a disciplinary complaint or not cooperate with an investigation or prosecution conducted by the disciplinary agency. This bill would prohibit a licensee who is regulated by the Department of Consumer Affairs or various boards, bureaus, or programs, or an entity or person acting as an authorized agent of a licensee, from including or permitting to be included a provision in an agreement to settle a civil dispute that prohibits the other party in that dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau, or program, or that requires the other party to withdraw a complaint from the department, board, bureau, or program. A licensee in violation of these provisions would be subject to disciplinary action by the board, bureau, or program. The bill would also prohibit a board, bureau, or program from requiring its licensees in a disciplinary action that is based on a complaint or report that has been settled in a civil action to pay additional moneys to the benefit of any plaintiff in the civil action.  

 

Misc1:

 

 

 

 

 

AB 2674

Swanson D

Employment records: right to inspect.

Amended:   4/9/2012   pdf   html

 

Status:

5/7/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/7/2012 - S .  RLS.

 

Summary:

Under existing law, an employee has the right to inspect the personnel records that his or her employer maintains relating to the employee's performance or to any grievance concerning the employee. This bill would require an employer to maintain personnel records for a specified period of time and to provide a current or former employee, or his or her representative, an opportunity to inspect and receive a copy of those records within a specified period of time, except during the pendency of a lawsuit filed by the employee or former employer relating to a personnel matter. In addition, in the event an employer violates these provisions, the bill would permit a current or former employee or the Labor Commissioner to recover a penalty of $750 from the employer, and would further permit a current or former employee to obtain injunctive relief and attorney's fees. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

AB 2675

Committee on Labor and Employment

Public works: prevailing wage rates: penalty assessment.

Amended:   4/16/2012   pdf   html

 

Status:

5/10/2012 - In Senate. Read first time. To Com. on RLS. for assignment.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/10/2012 - S .  RLS.

 

Summary:

Existing law regulating public works contracts requires the awarding body of a public works contract to withhold and retain all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner before making payments to the contractor of money due under the contract. This bill would specify that upon receipt of a final order that is no longer subject to judicial review, the retained amounts necessary to satisfy the final order shall be deemed forfeited by the contractor or subcontractor .  

 

Misc1:

 

 

 

 

 

AB 2678

Committee on Labor and Employment

Working hours.

Introduced:   3/5/2012   pdf   html

 

Status:

3/6/2012 - From printer. May be heard in committee April 5.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

3/5/2012 - A .  PRINT

 

Summary:

Existing law provides that, with specified exceptions, employees are entitled to one day's rest in 7, and an employer may not cause his or her employees to work more than 6 days in 7. This bill would make nonsubstantive changes to those provisions.  

 

Misc1:

 

 

 

 

 

ABX1 40

Fuentes D

Income taxes: exclusions: deductions: sales: single sales factor: sales and use taxes: manufacturing exemption.

Amended:   9/8/2011   pdf   html

 

Status:

9/14/2011 - From Senate committee without further action. (Final adjournment of the 2011-12 First Extraordinary Session 9/12/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

9/9/2011 - S .  DEAD

 

Summary:

The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. This bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

SB 67

Price D

Public contracts: small business participation.

Introduced:   1/10/2011   pdf   html

 

Status:

8/26/2011 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/17/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

8/26/2011 - A .  2 YEAR

 

Summary:

Existing law, the Small Business Procurement and Contract Act, requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill would, on and after July 1, 2012, authorize the Department of General Services to direct all state agencies, departments, boards, and commissions to establish the goal to achieve 25% small business participation in state procurements and contracts each fiscal year, to ensure that the state's procurement and contract processes are administered in order to meet or exceed the goal, and to report to the Director of General Services statistics regarding small business participation in the agency's procurements and contracts. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

SB 357

Dutton R

State Air Resources Board: regulations: obsolete equipment.

Amended:   6/20/2011   pdf   html

 

Status:

7/8/2011 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was NAT. RES. on 6/20/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

7/8/2011 - A .  2 YEAR

 

Summary:

The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. The act requires that an agency identify, in the notice of proposed action for a regulation, an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the cost or savings to a state agency. This bill would additionally require the state board to estimate the cost or savings to the state in revenues that are lost or gained as a result of a regulation adopted or amended by the state board imposing requirements relating to diesel-fueled heavy-duty on-road or off-road motor vehicles that would make equipment obsolete, where that equipment would otherwise have a remaining depreciable life. The bill would require the Franchise Tax Board to provide to the state board, and update every 5 years, the average tax rate to be applied to the amount of the estimated accelerated deduction due to reduced asset life attributable to the regulation for an increase in business depreciation. This bill contains other existing laws. 

 

Misc1:

 

 

 

 

 

SB 497

Rubio D

Public contracts: state agencies: bid preferences.

Amended:   6/20/2011   pdf   html

 

Status:

8/26/2011 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 7/13/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

8/26/2011 - A .  2 YEAR

 

Summary:

Existing law imposes various requirements with respect to contracting by state agencies. This bill would require a state agency that accepts bids or proposals for a contract for goods , except for technology, to provide a preference of 5% to a California business meeting specified criteria. The bill would also require the Department of General Services to establish a process to verify that a business meets the criteria for the 5% preference. This bill would provide that these provisions may not be construed to require an affected state agency to compromise its immediate mission or ability to function and carry out its existing responsibilities.  

 

Misc1:

 

 

 

 

 

SB 600

Rubio D

Public contracts: school districts: bidding requirements.

Amended:   7/13/2011   pdf   html

 

Status:

8/26/2011 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/18/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

8/26/2011 - A .  2 YEAR

 

Summary:

Under existing law, the governing board of a school district may require each prospective bidder for specified contracts to submit a standardized questionnaire and financial statement, including information relating to financial ability and experience in performing public works, which is required to be verified under oath. Existing law further requires a school district requiring the above information to adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, as specified. This bill , until January 1, 2018, would require the questionnaire and uniform system of rating bidders described above to cover , at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations, as specified. This bill would provide that the questionnaire and uniform system of rating bidders described above shall not preclude the governing board of the district from prequalifying or disqualifying a subcontractor. This bill would provide that these provisions shall not apply to school districts with an average daily attendance of less than 2,500. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

SB 691

Lieu D

Unemployment insurance: compensation.

Amended:   1/4/2012   pdf   html

 

Status:

4/19/2012 - Referred to Com. on INS.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

4/19/2012 - A .  INS.

 

Summary:

Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law permits the use of the information for specified purposes. Existing law lists as a specified purpose to provide an authorized governmental agency with relevant information that relates to any specific workers' compensation insurance fraud investigation, as provided. This bill would expand the definition of "authorized governmental agency" to include the Contractors' State License Board.  

 

Misc1:

 

 

 

 

 

SB 777

Lieu D

Workers' compensation insurance: coverage program.

Amended:   1/4/2012   pdf   html

 

Status:

4/19/2012 - Referred to Com. on INS.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

4/19/2012 - A .  INS.

 

Summary:

Existing law requires the Labor Commissioner to establish and maintain a program that systematically identifies unlawfully uninsured employers. Existing law requires all state departments and agencies and any rating organization, as specified, to cooperate with the Labor Commissioner and on reasonable request provide information and data in their possession reasonably necessary to carry out the program. This bill would require the Director of Industrial Relations, in consultation with the state department or agency, or rating organization, in possession of the information or data, to determine the reasonableness of any request to provide the information and data.  

 

Misc1:

 

 

 

 

 

SB 829

Rubio D

Public contracts: public entities: project labor agreements.

Chaptered:   4/26/2012   pdf   html

 

Status:

4/26/2012 - Chaptered by the Secretary of State, Chapter Number 11, Statutes of 2012

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Oppose 

 

Priority:

Location:

4/26/2012 - S .  CHAPTERED

 

Summary:

Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities and authorizes a public entity to use, enter into, or require contractors to enter into, a project labor agreement for a construction project if the agreement includes specified taxpayer protection provisions. Existing law also provides that if a charter provision, initiative, or ordinance of a charter city prohibits the governing board's consideration of a project labor agreement for a project to be awarded by the city, or prohibits the governing board from considering whether to allocate funds to a city-funded project covered by such an agreement, state funding or financial assistance may not be used to support that project, as specified. This bill would additionally provide that if a charter provision, initiative, or ordinance of a charter city prohibits, limits, or constrains in any way the governing board's authority or discretion to adopt, require, or utilize a project labor agreement that includes specified taxpayer protection provisions for some or all of the construction projects to be awarded by the city, state funding or financial assistance may not be used to support any construction projects awarded by the city, as specified. 

 

Misc1:

 

 

 

 

 

SB 865

Negrete McLeod D

Contractors: expertise: legal representation.

Introduced:   2/18/2011   pdf   html

 

Status:

8/26/2011 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was JUD. on 6/21/2011)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

8/26/2011 - A .  2 YEAR

 

Summary:

Existing law requires a board under the Business and Professions Code, including the Contractors' State License Board, to provide legal representation to any person hired or under contract who provides expertise to the board in the evaluation of an applicant or the conduct of a licensee when that person is named vas a defendant in a civil action arising out of the evaluation or any opinions rendered, statements made, or testimony given to the board. Existing law provides that the board is not liable for any judgment rendered against that person. Existing law requires the Attorney General to be utilized in the action and his or her services charged to the board. This bill would require the Contractors' State License Board to provide for representation to any professional who provides expertise to the board in the evaluation of the conduct of a licensee, registrant, or applicant when, as a result of providing that expertise, the professional is named as a defendant in a civil action. The bill would further require that representation in any proceeding instituted by the board or to which the board is a party, and would require the board to pay for any services rendered by the Attorney General. The bill would require indemnification for any judgment rendered against the professional, as specified. This bill contains other existing laws. 

 

Misc1:

 

 

 

 

 

SB 975

Wright D

Professions and vocations: regulatory authority.

Amended:   3/27/2012   pdf   html

 

Status:

5/10/2012 - From committee: Do pass as amended. (Ayes 7. Noes 1. Page 3445.) (May 7).

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

5/7/2012 - S .  SECOND READING

 

Summary:

Existing law, the Business and Professions Code, provides for the licensure and regulation of various professions and vocations by boards, bureaus, and commissions within the Department of Consumer Affairs. Under existing law, a city or county shall not prohibit a person or group of persons, authorized by one of these boards, bureaus, or commissions, as specified, to engage in a particular business from engaging in that business, and shall not prohibit a healing arts professional licensed by one of those boards from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee. This bill would provide that those boards, bureaus, and commissions have the sole and exclusive authority to license and regulate the practice of professions and vocations regulated by those boards pursuant to provisions of that code, and that no licensing requirements, as specified, shall be imposed upon a person licensed to practice one of those professions or vocations other than under that code or by regulation promulgated by the applicable board through its authority granted under that code. The bill would prohibit a city, county, city and county, school district, other special district, a local or regional agency, or joint powers agency from imposing a licensing requirement upon a person licensed to practice a profession or vocation regulated by one of these boards. The bill would state findings and declarations of the Legislature.  

 

Misc1:

 

 

 

 

 

SB 1070

Steinberg D

Career Technical Education Pathways Program.

Amended:   3/26/2012   pdf   html

 

Status:

5/7/2012 - Placed on APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/7/2012 - S .  APPR. SUSPENSE FILE

 

Summary:

Existing law, until January 1, 2013, establishes the California Community Colleges Economic and Workforce Development Program. Existing law requires the Board of Governors of the California Community Colleges, as part of the program, to assist economic and workforce regional development centers and consortia to improve, among other things, career-technical education pathways between high schools and community colleges, as specified. This bill would establish the Career Technical Education Pathways Program until June 30, 2018, which would require the Chancellor of the California Community Colleges and the Superintendent of Public Instruction to assist economic and workforce regional development centers and consortia, middle schools, high schools, and regional occupational centers and programs to improve linkages and career technical education pathways between high schools and community colleges to accomplish specified objectives. This assistance would be required to be provided in the form of contracts and competitive grants administered jointly by the chancellor and the Superintendent for programs and initiatives that demonstrate a plan for close collaboration among regional institutions and entities to jointly accomplish specified goals. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

SB 1093

Wyland R

Employment: alternate workweek.

Introduced:   2/16/2012   pdf   html

 

Status:

3/1/2012 - Referred to Com. on RLS.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

3/1/2012 - S .  RLS.

 

Summary:

Under existing law, an alternative workweek schedule proposed by an employer may be adopted through a 2/3 majority vote of the employer's employees in a secret ballot. Existing law provides that any alternative workweek schedule that was authorized pursuant to specified provisions and in effect on January 1, 2000, may be repealed by the affected employees. This bill would make technical, nonsubstantive changes to those provisions.  

 

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SB 1114

Dutton R

Employment: overtime compensation.

Introduced:   2/17/2012   pdf   html

 

Status:

4/11/2012 - Set, first hearing. Failed passage in committee. (Ayes 1. Noes 4. Page 3122.)

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

4/11/2012 - S .  L. & I.R.

 

Summary:

Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption, by 2/3 of employees in a work unit, of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. This bill, until January 1, 2015, instead would establish 40 hours as a week's work and require payment of prescribed overtime compensation for hours worked in excess of 10 hours in one workday. The bill would also make conforming changes.  

 

Misc1:

 

 

 

 

 

SB 1115

Dutton R

Flexible work schedules.

Introduced:   2/17/2012   pdf   html

 

Status:

5/9/2012 - Set, first hearing. Failed passage in committee.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

5/9/2012 - S .  L. & I.R.

 

Summary:

Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption, by2/3 of employees in a work unit, of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. Under existing law, any person who violates the provisions regulating work hours is guilty of a misdemeanor. This bill would permit an individual nonexempt employee employed by an employer with 10 or less employees to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow the employer to implement this schedule without any obligation to pay overtime compensation.  

 

Misc1:

 

 

 

 

 

SB 1185

Price D

Centralized Intelligence Partnership Act.

Amended:   4/9/2012   pdf   html

 

Status:

5/7/2012 - Placed on APPR. suspense file.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/7/2012 - S .  APPR. SUSPENSE FILE

 

Summary:

Existing law requires various state entities, including, but not limited to, the State Board of Equalization, the Franchise Tax Board, and the Department of Justice, to enforce laws relating to the taxation and legal operation of businesses throughout the state under their respective jurisdictions. This bill would create a multiagency partnership consisting of specified state entities , to be known as the Centralized Intelligence Partnership, to collaborate in combating illegal underground operations by, among other activities, providing a central intake process and organizational structure, with an administrator and support staff, to document, review, and evaluate data and complaints. The bill would create an advisory committee, comprised of one representative from each entity in the partnership, to provide guidance on the activities and operations of the partnership. The bill would require the advisory committee to the partnership to determine the appropriate agency to house the processing center for the partnership. The bill would authorize duly authorized representatives of members of the partnership to exchange information for the purpose of investigating illegal underground operations. The bill would require the partnership, starting on or before July 1, 2014, to annually report to the Legislature and entities participating in the partnership on its activities. The bill would require an additional report to be filed with the Legislature by December 1, 2018, to include the number of complaints received by the partnership and cases investigated or prosecuted, as specified.  

 

Misc1:

 

 

 

 

 

SB 1234

De Le—n D

Retirement savings plans.

Amended:   5/2/2012   pdf   html

 

Status:

5/4/2012 - Set for hearing May 14.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/2/2012 - S .  APPR.

 

Summary:

Existing federal law provides for tax-qualified retirement plans and individual retirement accounts or individual retirement annuities by which private citizens may save money for retirement. This bill would enact the California Secure Choice Retirement Savings Trust Act, which would create the California Secure Choice Retirement Savings Trust to be administered by the California Secure Choice Retirement Savings Investment Board, which would also be established by the bill. The bill would require eligible employers, as defined, to offer a payroll deposit retirement savings arrangement so that eligible employees, as defined, could contribute a portion of their salary or wages to a retirement savings program account in the California Secure Choice Retirement Savings Program, as specified. The bill would require eligible employees to participate in the program, unless the employee opts out of the program, as specified. The bill would require a specified percentage of the annual salary or wages of an eligible employee participating in the program to be deposited in the California Secure Choice Retirement Savings Trust, which would be segregated into a program fund and an administrative fund, both of which would be continuously appropriated to the board for purposes of the act. The bill would limit expenditures from the administrative fund, as specified. The bill would also require the board to establish a Gain and Loss Reserve Account within the program fund. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

SB 1359

Simitian D

Solid waste: compost.

Introduced:   2/24/2012   pdf   html

 

Status:

5/7/2012 - In Assembly. Read first time. Held at Desk.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/7/2012 - A .  DESK

 

Summary:

The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, defines "compost" for purposes of the act as the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or source separated at a centralized facility and includes vegetable, yard, and wood wastes that are not hazardous waste. Existing law also defines "compost" for purposes of certain provisions within the act requiring the purchase of compost by state agencies in similar a manner except that it does not include wastes source separated at a centralized facility and does not specify that wastes include vegetable, yard, or wood wastes that are not hazardous waste. This bill would revise the definition of compost applicable to state agency purchases to conform to the definition applicable to the whole act. This bill contains other related provisions. 

 

Misc1:

 

 

 

 

 

SB 1370

Berryhill R

Prevailing wages: public works: director: code list.

Introduced:   2/24/2012   pdf   html

 

Status:

5/1/2012 - Read second time. Ordered to third reading.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Support 

 

Priority:

Location:

5/1/2012 - S .  THIRD READING

 

Summary:

Existing law generally requires that not less than the general prevailing rate of per diem wages, as specified, be paid to workers employed on a public work, as defined. This bill would require the Director of Industrial Relations to post a list of every California code section and the language of those sections that relate to the prevailing wage rate requirements for workers employed on a public work on the Internet Web site of the Department of Industrial Relations on or before June 1, 2013, and update that list each February 1 thereafter.  

 

Misc1:

 

 

 

 

 

SB 1509

Simitian D

School facilities: design-build contracts.

Amended:   4/18/2012   pdf   html

 

Status:

5/7/2012 - In Assembly. Read first time. Held at Desk.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/7/2012 - A .  DESK

 

Summary:

Existing law authorizes, until January 1, 2014, a school district governing board or community college governing board to enter into a design-build contract for both the design and construction of a school facility or community college facility, respectively, if specified requirements are met. This bill would delete the January 1, 2014, repeal dates of these respective provisions , making the design-built authority operative indefinitely.  

 

Misc1:

 

 

 

 

 

SB 1510

Wright D

Department of General Services: small business contracts.

Amended:   5/2/2012   pdf   html

 

Status:

5/9/2012 - Ordered to special consent calendar.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - S .  CONSENT CALENDAR

 

Summary:

The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for a small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. The act authorizes the director to set standards, established by regulation, for a certified small business or microbusiness to contribute to the fulfillment of contract requirements by performing a commercially useful function, as defined. This bill would expand the definition to include additional conditions under which a certified small business or microbusiness is deemed to perform a commercially useful function.  

 

Misc1:

 

 

 

 

 

SB 1516

Leno D

Public contracts: bids:

Amended:   4/9/2012   pdf   html

 

Status:

5/4/2012 - Set for hearing May 14.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

4/24/2012 - S .  APPR.

 

Summary:

Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words "or equal." Existing law requires that these bid specifications provide a period of time prior to or after, or prior to and after, the award of the contract to allow the contractor to submit data that demonstrates that a concern or product to be provided under the contract is equal to the concern or product identified in the bid specification. This bill would prohibit these bid specifications from requiring a bidder to provide submission of data substantiating a request for a substitution of "an equal" item prior to the bid or proposal submission deadline.  

 

Misc1:

 

 

 

 

 

SB 1549

Vargas D

Transportation projects: alternative project delivery methods.

Amended:   4/30/2012   pdf   html

 

Status:

5/4/2012 - Set for hearing May 14.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

4/30/2012 - S .  APPR.

 

Summary:

Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by state agencies for projects, as specified, and for local agencies for public works contracts, as specified. This bill would allow the San Diego Association of Governments to utilize alternative project delivery methods, as defined, for public transit projects within its jurisdiction. The bill would require the San Diego Association of Governments to pay fees related to prevailing wage monitoring and enforcement into the State Public Works Enforcement Fund, a continuously appropriated fund, except as specified, and, thus, would make an appropriation. The bill would also , upon co mpletion of a project, require a progress report to be submitted by the San Diego Association of Governments to its governing board and would require the report to be made available on its Internet Web site. This bill would require specified information to be verified under oath, thus imposing a state-mandated local program by expanding the scope of an existing crime. The bill would provide that its provisions are severable. This bill would make legislative findings and declarations as to the necessity of a special statute for San Diego regional transportation entities. This bill contains other related provisions and other existing laws. 

 

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SB 1575

Committee on Business, Professions and Economic De

Professions and vocations.

Amended:   4/16/2012   pdf   html

 

Status:

5/9/2012 - Ordered to special consent calendar.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - S .  CONSENT CALENDAR

 

Summary:

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. This bill would authorize such a board to request, and would require a local or state agency to provide, certified records of, among other things, all arrests and convictions needed by a board to complete an applicant or licensee investigation. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. 

 

Misc1:

 

 

 

 

 

SB 1576

Committee on Business, Professions and Economic De

Professions and vocations.

Amended:   4/12/2012   pdf   html

 

Status:

5/9/2012 - Ordered to special consent calendar.

 

Organization:

CLCA 

Assigned:

PDT 

Position:

Watch 

 

Priority:

 

Location:

5/9/2012 - S .  CONSENT CALENDAR

 

Summary:

Existing law provides for the licensure and regulation of professions and vocations by boards within the Department of Consumer Affairs. This bill would require such an applicant to acknowledge the fact that the applicant has read and understands the rules of professional conduct adopted by the board. This bill contains other related provisions and other existing laws. 

 

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