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CGEA Bill Status Report
9/20/2007

AB 5 (Wolk) Flood management. (E-09/12/2007  html  pdf)
  Status: 09/12/2007-Re-referred to Com. on W.,P. & W. , file notice waived. From committee: With recom.: Senate amndmnts be concurred in. (Y 9. N 3.) (Sep 12). Senate amndmnts concurred in. To enrollment. (Y 44. N 30.)
  Current Location: 09/12/2007-A ENROLLMENT
 
  Summary:  Existing law establishes the 7-member Reclamation Board in the Department of Water Resources. Existing law requires the board members to be appointed and to serve at the pleasure of the Governor. Existing law prescribes compensation for each board member for time spent attending meetings of the board in the amount of $100, except as specified. Existing law requires the board to elect one of its members as president. Existing law requires the board to appoint a secretary, who may be a board member, and authorizes the board to appoint a general manager, a chief engineer, and an assistant secretary. Existing law authorizes the board to employ certain other employees. This bill would rename the Reclamation Board the Central Valley Flood Protection Board. The bill would require the board to act independently of the department. The bill would state the intent of the Legislature to transfer the duties and corresponding funding allocated to the Reclamation Board as it exists on December 31, 2007, together with all necessary positions, to the board as it is reconstituted on and after January 1, 2008. The bill would prohibit the department from overturning any action or decision by the board. The bill would increase the membership of the board from 7 to 9 members. The bill would require 7 members to be appointed by the Governor, subject to Senate confirmation, 4 of whom would be required to meet specified eligibility requirements and 3 of whom would be designated as public members. The bill would require one board member to be the Chair of the Senate Committee on Natural Resources and Water and one board member to be the Chair of the Assembly Committee on Water, Parks and Wildlife, and would designate those 2 members as nonvoting ex officio members. The bill, with a certain exception, would require the board members to serve 4-year terms. The bill would require the board members to receive a salary identical to that received by members of the State Air Resources Board and would incorporate additional changes made by AB 933, which has been chaptered. The bill would require the Governor to select one of the board members as president. The bill would repeal provisions relating to the appointment or employment of specified personnel and, instead, authorize the board to appoint an executive officer and chief engineer and to employ legal counsel and other necessary staff. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 26 (Nakanishi) Flood control: natural community conservation plan. (A-05/02/2007  html  pdf)
  Status: 06/01/2007-Failed Deadline pursuant to Rule 61(a)(5). Last location was APPR. SUSPENSE FILE
  Current Location: 06/01/2007-A 2 YEAR
 
  Summary: The existing Natural Community Conservation Planning Act authorizes the Department of Fish and Game to enter into agreements with any person or public entity for the purpose of preparing a natural community conservation plan, to provide comprehensive management and conservation of multiple wildlife species. The act requires a plan to identify and provide for those measures necessary to conserve and manage natural biological diversity within the plan area while allowing compatible and appropriate economic development, growth, and other human uses. The act requires each natural community conservation plan to include an implementation agreement governing specified matters. This bill would require the department to enter into a planning agreement with the Reclamation Board to prepare a natural community conservation plan that encompasses the Sacramento and San Joaquin Drainage District, as described, for the flood control project facilities within the plan area, to provide comprehensive management and conservation of multiple wildlife species. The bill would require the department and the Reclamation Board to prepare, concurrent with the preparation of the plan, a long-term streambed alteration agreement, pursuant to specified provisions, for the flood control facilities and levees covered in the plan. The bill would provide that a flood control or flood management activity identified in a plan implementation agreement or streambed alteration agreement, if performed by a local agency consistent with the agreement, meets the above-described notification and lake or streambed alteration agreement requirements. This bill contains other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 41 (La Malfa) Water resources: Temperance Flat Surface Water Storage Project and Sites Reservoir: California Environmental Quality Act. (A-04/09/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was NAT. RES.
  Current Location: 05/02/2007-A 2 YEAR
 
  Summary:  (1) Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides for various exemptions from the requirements of the act. This bill would exempt from CEQA, the construction of the Temperance Flat Surface Water Storage Project and the Sites Reservoir. By imposing new duties on a local agency to determine whether this exemption applies to a project, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 642 (Wolk) Design-build: counties, cities, and special districts. (A-09/05/2007  html  pdf)
  Status: 09/06/2007-Re-referred to Com. on L. GOV.
  Current Location: 09/06/2007-A L. GOV.
 
  Summary:  Existing law requires public entities to comply with certain procedures in soliciting and evaluating bids and awarding contracts for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. Existing law, until January 1, 2011, authorizes certain counties, with the approval of the board of supervisors, to enter into design-build contracts, as defined, in accordance with specified provisions. This bill would authorize any county, with the approval of the board of supervisors, to enter into design-build contracts, as defined, in accordance with specified provisions. The bill would expand design-build contracts to include local wastewater treatment facilities, local solid waste facilities, and local water recycling facilities . The bill also would extend these provisions until January 1, 2019 . This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 654 (Maze) Contracting: counties. (A-03/26/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was L. GOV.
  Current Location: 05/02/2007-A 2 YEAR
 
  Summary:  Existing law requires counties to comply with certain procedures in soliciting and evaluating bids and awarding contracts for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. Under existing law, if the estimated cost of construction of specified types of projects exceeds $4,000, the work is required to be done by contract, except that in counties containing a population of 500,000 or over, the work need not be done by contract if the estimated cost is less than $6,500. This bill would change that $6,500 amount to $16,500, and require that increased amount to be adjusted for inflation, as provided. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 1003 (Jeffries) Department of Transportation: engineering and consulting services. (A-04/09/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was TRANS.
  Current Location: 05/02/2007-A 2 YEAR
 
  Summary: Existing law provides that the Department of Transportation shall have full possession and control of the state highway system. Existing law provides for a local agency to engage in certain project development activities on state highway projects for which the agency is a funding partner. Existing law authorizes the department to enter into agreements governing project activities to be undertaken by the department in these and other related situations. This bill would authorize transportation agencies and cities within counties that have in place a voter-approved transportation sales tax program to contract with the department for specified dedicated engineering and consulting services .  
 
  Organization
CGEA
  Position
Oppose
Priority
1
   
   
 
AB 1025 (Bass) Professions and vocations: licensure. (E-09/19/2007  html  pdf)
  Status: 09/12/2007-Senate amendments concurred in. To enrollment. (Ayes 71. Noes 2. Page 3365.)
  Current Location: 09/12/2007-A ENROLLMENT
 
  Summary: Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board to deny licensure on certain bases, including an applicant's conviction of a crime regardless of whether the conviction has been dismissed on specified grounds, an applicant's performance of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another or to substantially injure another, or an applicant's performance of any act that would be grounds for suspension or revocation of the license. Existing law requires a board that denies an application for licensure to provide the applicant with notice of the denial, as specified. Existing law authorizes a board to suspend or revoke a license on the basis that a licensee has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued, regardless of whether the conviction has been dismissed on specified grounds, and requires the board to provide the ex-licensee with certain information upon doing so. This bill would provide that a person may not be denied licensure based solely on a criminal conviction if the person has been rehabilitated, as specified. The bill would also provide that a person may not be denied licensure or have his or her license suspended or revoked solely based on a criminal conviction that has been dismissed on certain grounds, unless the board provides substantial evidence, as specified, justifying the denial, suspension, or revocation. The bill would require the board to provide an applicant or ex-licensee whose application has been denied or whose license has been suspended or revoked based upon a crime with a copy of his or her criminal history record, as specified. The bill would require the board to maintain certain information pertaining to the provision of criminal history records and to make that information available upon request by the Department of Justice or the Federal Bureau of Investigation. The bill would require the department to prepare annual reports to the Legislature documenting the board's denial, suspension, or revocation of licenses based on the bill's provisions. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 1076 (Houston) Public works: prevailing wage rates: wage and penalty assessments. (A-04/10/2007  html  pdf)
  Status: 06/01/2007-Failed Deadline pursuant to Rule 61(a)(5). Last location was APPR. SUSPENSE FILE
  Current Location: 06/01/2007-A 2 YEAR
 
  Summary: Existing law requires that workers employed on public works projects that cost more than $1,000 be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if the Labor Commissioner determines, after investigation, that the contractor or subcontractor, or both, violated the laws regulating public works contracts, including the payment of prevailing wages . Existing law permits the affected contractor or subcontractor to obtain review of a civil wage and penalty assessment or a notice of withholding, as defined, by transmitting a written request for a hearing to the office of the Labor Commissioner within 60 days after service of the assessment or notice and would require a hearing officer, as specified, or, after January 1, 2009, an administrative law judge appointed by the Director of Industrial Relations, to commence a hearing within 90 days of receipt of the request. Existing law provides that, after 60 days following the service of the assessment or notice, the affected contractor, subcontractor, and surety on a bond issued to secure the payment of wages, as provide d, become liable for liquidated damages in an amount equal to the amount of unpaid wages, as specified. Existing law authorizes the hearing officer, as specified, or, after January 1, 2009, an administrative judge, to waive payment of the liquidated damages if the affected contractor or subcontractor demonstrates, as provided, that he or she had substantial grounds for believing the assessment or notice to be in error, and also permits the affected contractor or subcontractor to obtain review of the administrative decision by filing a petition for a writ of mandate to the superior court within 45 days after service of the decision. Existing law also provides that the contractor and subcontractor are jointly and severally liable for all amounts due pursuant to a final order or a judgment on that final order. This bill would modify those provisions to provide that an affected contractor, subcontractor, and surety, as specified, become liable for liquidated damages after 60 days following the service of the assessment or notice of withholding, as specified, only if no request for a hearing has been made. This bill would also require, as provided, the affected contractor, subcontractor, and surety to pay all wages due, as specified, within 45 days following the service of the administrative decision or notice from the court regarding a writ of mandate, whichever is applicable, and would require a payment of liquidated damages, as specified, if full payment is not made within those 45 days .  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
AB 1337 (Nava) State highway system: construction inspection functions. (A-04/11/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was TRANS.
  Current Location: 05/02/2007-A 2 YEAR
 
  Summary: The California courts have interpreted the California Constitution as generally restricting the contracting out of state activities or tasks to the private sector, if those activities or tasks may be adequately and competently performed by state employees. However, Article XXII of the California Constitution, adopted by the voters in 2000, allows the State of California to contract with qualified private entities for architectural and engineering services for all public works of improvement, extending to all phases of project development including permitting and environmental studies, rights-of-way services, design phase services, and construction phase services. This bill would require employees of the department to perform all of the construction inspection functions for all projects on the state highway system, including construction engineering, contract administration, quality control inspection, construction surveying, materials sampling and testing, and resident engineer functions.  
 
  Organization
CGEA
  Position
Oppose
Priority
1
   
   
 
AB 1393 (Leno) Public records. (E-09/12/2007  html  pdf)
  Status: 09/12/2007-Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 3379.)
  Current Location: 09/12/2007-A ENROLLMENT
 
  Summary: The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. This bill would, as of July 1, 2009, require any state agency that publishes an Internet Web site to include on the homepage of that site specified information that is not exempt from disclosure under the act about how to contact the agency, how to request records under the act, and a form for submitting online requests for records. It would authorize any person to bring an action to enforce the duty of a state agency to post this information and would provide for penalties including monetary awards to be paid by the agency, with specified provisions to become operative on January 1, 2009. This bill contains other related provisions. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
ACA 2 (Walters) Eminent domain. (A-07/05/2007  html  pdf)
  Status: 07/10/2007-ASM. JUD. Vote - Be adopted and be re-referred to the Committee on Rules.
  Current Location: 07/09/2007-A JUD.
 
  Summary: The California Constitution authorizes private property to be taken or damaged for public use only when just compensation has been paid to, or into court for, the owner of the property. This measure would prohibit the taking or damaging of private property without the express written consent of the owner for purposes of economic development, increasing tax revenue, or private use, or when the same use will be maintained following the taking. The measure would require that, prior to the commencement of eminent domain proceedings, the public use for which the property is to be taken be stated in writing. The measure would provide that a property owner's acceptance of money deposited as the probable amount of just compensation does not prejudice the owner's right to challenge the amount of compensation or whether the taking is for a private use. The measure would entitle a property owner to an award of attorney's fees from the condemnor upon a court finding that the condemnor's actions were not in compliance with the measure's provisions. The measure would define "public use" for these purposes, and would permit the leasing of limited space for privately owned and operated business activity incidental to, and compatible with, the public work or improvement, subject to specified restrictions. The measure would permit private property to be taken to eliminate a specific, recurring, and ongoing threat to public safety, if certain conditions exist on each parcel to be taken, and pursuant to a certain process. The measure would provide that if property taken by eminent domain ceases to be used for the public use stated at the time of the taking, or fails to be put to that use within 10 years following the date of the taking, the former owner and heirs shall have the right to acquire the property at fair market value at the time of the reconveyance. The measure would provide that it applies to both new and pending projects that involve the exercise of the power of eminent domain, except if a resolution of necessity was adopted, as specified, prior to the effective date of the measure. The measure would except from the application of its provisions real property that is within a duly formed redevelopment project as of January 1, 2008, that has a specific connection with a military facility.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 5 (Machado) Flood management. (E-09/12/2007  html  pdf)
  Status: 09/12/2007-Enrolled. To Governor at 4 p.m.
  Current Location: 09/12/2007-S ENROLLED
 
  Summary:  The Planning and Zoning Law requires a city, county, and city and county to adopt a comprehensive, long-term general plan for the physical development of the city, county, or city and county that addresses a number of elements. The law authorizes the legislative body of a city or county to adopt zoning ordinances regulating, among other things, the use of buildings, structures, and land. The law authorizes a city or county to enter into a development agreement with a person having a legal or equitable interest in real property for the development of the property. This bill would require each city, including a charter city, and county within the Sacramento-San Joaquin Valley, within 24 months of the adoption of a specified flood protection plan by the Central Valley Flood Protection Board, to amend its general plan to include data and analysis contained in that flood protection plan, goals and policies for the protection of lives and property that will reduce the risk of flood damage, and related feasible implementation measures. The bill would require each city, including a charter city, and county within the Sacramento-San Joaquin Valley, within 36 months of the adoption of that flood protection plan but not more than 12 months after the amendment of the general plan under the bill' s provisions, to amend its zoning ordinance so that it is consistent with the general plan, as amended. By establishing requirements on cities and counties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 6 (Oropeza) Land use planning: flood control. (A-04/11/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was N.R. & W.
  Current Location: 05/02/2007-S 2 YEAR
 
  Summary:  (1) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. That law requires this general plan to include several elements, including, among others, land use, open-space, safety, and conservation elements, which are required to meet specified requirements. This bill would require the land use, open-space, safety, and conservation elements of the general plan to include provisions relating to areas that are subject to flooding based on existing climate predictions regarding ocean levels. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 12 (Lowenthal) Planning and zoning: housing element: Southern California Association of Governments. (C-04/10/2007  html  pdf)
  Status: 04/10/2007-Chaptered by Secretary of State - Chapter No. 5 , Statutes of 2007.
  Current Location: 04/10/2007-S CHAPTERED
 
  Summary:  The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a housing element that identifies and analyzes existing and projected housing needs and includes a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. This bill, until January 1, 2015, would substantially revise the procedure for the Southern California Association of Governments, or delegate subregion, as applicable, to develop a final allocation plan for distributing the existing and projected regional housing need to cities and counties within the region or subregion. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 27 (Simitian) Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement Act of 2008. (A-04/24/2007  html  pdf)
  Status: 06/21/2007-To Com. on W.,P. & W.
  Current Location: 06/21/2007-A W.,P. & W.
 
  Summary: Under existing law, various state agencies administer programs relating to water supply, water quality, and flood management in the Sacramento-San Joaquin Delta. This bill would require the Secretary of the Resources Agency, on or before January 1, 2008, to begin implementing certain actions on behalf of the Sacramento-San Joaquin River Delta, including investing in emergency preparedness, funding projects to aid sustainability in the delta, identifying critical levels to be strengthened, and commencing delta restoration projects. The secretary would be required to take necessary action to ensure that the requirements of a specified Governor's executive order relating to the delta are met in a timely manner. The bill would declare legislative intent to enact legislation to begin implementing a program for sustainable management of the delta in 2008. The bill would make related declarations and findings.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 56 (Runner) Highway construction contracts: Design-Build Demonstration Program: transportation entities. (A-05/01/2007  html  pdf)
  Status: 06/08/2007-Failed Deadline pursuant to Rule 61(a)(8). Last location was APPR. SUSPENSE FILE
  Current Location: 06/08/2007-S 2 YEAR
 
  Summary: Existing law sets forth requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. Existing law also authorizes specified state agencies, cities, and counties to implement alternative procedures for the awarding of contracts on a design-build basis. Existing law, until January 1, 2011, authorizes transit operators to enter into a design-build contract, as defined, according to specified procedures. This bill would declare the intent of the Legislature to authorize a demonstration program that would allow a careful examination of the benefits and challenges of using a design-build method of procurement for transportation projects. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 59 (Cogdill) Reliable Water Supply Bond Act of 2008. (I-01/11/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was N.R. & W.
  Current Location: 05/02/2007-S 2 YEAR
 
  Summary: Under existing law, various bond acts have been approved by the voters to provide funds for water projects, facilities, and programs. This bill would enact the Reliable Water Supply Bond Act of 2008 which, if approved by the voters, would authorize, for purposes of financing a water supply program, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $3,950,000,000. The bill would require the Secretary of State to submit the bond act to the voters at the November 4, 2008, statewide general election.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 68 (Kuehl) Mining. (A-05/16/2007  html  pdf)
  Status: 07/02/2007-Set, first hearing. Hearing canceled at the request of author.
  Current Location: 06/07/2007-A NAT. RES.
 
  Summary:  The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands. The act prohibits a person from conducting surface mining operations without obtaining a permit from the lead agency for those operations, and submitting and receiving approval for a reclamation plan and financial assurances from the lead agency. Any interested person is permitted to commence an action against the State Mining and Geology Board (board), the lead agency, the State Geologist, or the Director of Conservation for a writ of mandate to compel the board, the State Geologist, or the director to carry out any duty imposed upon them by the act. This bill would also allow that mandate to compel the lead agency to carry out any duty imposed upon them by the act. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 138 (Calderon) Construction contracts: indemnity. (C-07/06/2007  html  pdf)
  Status: 07/06/2007-Chaptered by Secretary of State - Chapter No. 32 , Statutes of 2007.
  Current Location: 07/06/2007-S CHAPTERED
 
  Summary: Existing law provides that, except as specified, all agreements affecting any residential construction contract and amendment to such a contract entered into after January 1, 2006, that purport to indemnify the builder by a subcontractor against liability for claims of construction defects or other injury to property arising from, pertaining to, or relating to the negligence of the builder or the builder's other agents, servants, or independent contractors who are directly responsible to the builder, or for defects in design furnished by those persons, or for claims that are unrelated to the scope of the work in the agreement, are unenforceable. This bill would provide that, except as specified, all agreements affecting any residential construction contract and amendments to such a contract entered into after January 1, 2008, that purport to indemnify the general contractor or contractor not affiliated with the builder by a subcontractor against liability for claims of construction defects or other injury to property arising from, pertaining to, or relating to the negligence of the nonaffiliated general contractor or nonaffiliated contractor or their other agents, servants, or independent contractors who are directly responsible to the nonaffiliated general contractor or nonaffiliated contractor, or for defects in design furnished by those persons, or for claims that are unrelated to the scope of the work in the agreement, are unenforceable. 
 
  Organization
CGEA
  Position
Watch
Priority
1
   
   
 
SB 161 (Margett) Public works contracts: Internet submissions. (E-09/06/2007  html  pdf)
  Status: 09/06/2007-Enrolled. To Governor at 4 p.m.
  Current Location: 09/06/2007-S ENROLLED
 
  Summary: Existing public contract law authorizes public entities to adopt methods and procedures to receive bids on public works or other contracts over the Internet, as specified. This bill would authorize public entities to receive supporting materials submitted pursuant to a public works contract over the Internet, as specified. This bill would require public entities that receive bids and supporting materials over the Internet to provide an electronic receipt to the contractor either by immediate transmission or by providing access to the contractor to an electronic file that contains the receipt, as specified. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 191 (Padilla) Labor compliance programs: approved private entity: remedies. (A-04/19/2007  html  pdf)
  Status: 09/10/2007-Placed on inactive file on request of Assembly Member Bass.
  Current Location: 09/10/2007-A INACTIVE FILE
 
  Summary: Existing law requires an awarding body, as defined, that chooses to use funds derived under specified bond acts for a public works project to either initiate and enforce, or to contract with a 3rd party to initiate and enforce, a labor compliance program, as defined, for that public works project. This bill would authorize an awarding body, aggrieved employee, or a contractor to file a complaint with the Director of Industrial Relations against an approved private entity , as defined, that contracted with the awarding body to initiate and enforce a labor compliance program for a public works project for failing to perform the responsibilities required by statute and state regulations for a labor compliance program , and would establish administrative procedures to address these complaints. This bill would also authorize the director, under these administrative procedures, to order the approved private entity to return the fees paid by an awarding body and to suspend the approval of the private entity to initiate and enforce a labor compliance program until a petition for revocation of the approval is heard and determined as provided . This bill would specify that these provisions apply only to contracts that are entered into on or after the operative date of the bill.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 195 (Calderon) Construction projects: wrap-up insurance: disclosures. (I-02/07/2007  html  pdf)
  Status: 05/14/2007-Failed Deadline pursuant to Rule 61(a)(3). Last location was JUD.
  Current Location: 05/14/2007-S 2 YEAR
 
  Summary: Existing law accords certain rights and protections to subcontractors and other persons who perform work on construction projects, including the right, under specified circumstances, to file and enforce liens. This bill would, in addition, require the owner, developer, or general contractor of a construction project who proposes or obtains a wrap-up insurance policy, as defined, to provide to each subcontractor who is covered, or whose coverage is contemplated, under the wrap-up insurance policy, before the subcontractor commences work on the project, specified disclosures and documents regarding that policy. The bill would allow a subcontractor, after receipt of those disclosures and documents, or if they have not been made to the subcontractor prior to the time for commencement of work on the construction project, to rescind and declare any subcontract agreement null and void, or to negotiate for an adjustment to the contract.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 355 (Margett) Contractors: consultants. (A-06/25/2007  html  pdf)
  Status: 07/10/2007-Hearing postponed by committee. (Refers to 7/10/2007 hearing)
  Current Location: 06/25/2007-A B. & P.
 
  Summary: Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors and defines a contractor as, among other things, a consultant to an owner-builder who undertakes, purports to have the capacity to undertake, or submits a bid, to construct a building or home improvement project, or part thereof. Existing law requires 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 a contractor to include a person who directs and controls subcontractors' schedules or other activity integral to the completion of an improvement project, as specified . The bill also would define a contractor to include an individual or firm proposing to provide construction management services on state construction projects. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Oppose
Priority
1
   
   
 
SB 374 (Harman) Military service: benefits. (A-05/01/2007  html  pdf)
  Status: 06/08/2007-Failed Deadline pursuant to Rule 61(a)(8). Last location was APPR. SUSPENSE FILE
  Current Location: 06/08/2007-S 2 YEAR
 
  Summary: Existing law provides certain benefits for qualifying members of the Armed Forces of the United States. This bill would require every board, bureau, and commission within the Department of Consumer Affairs to waive the initial license fee and the renewal fee for any license, certificate, or registration issued, under the authority of that board, bureau, or commission, to a qualified member, or the spouse of a qualified member, as defined, if specified requirements are satisfied.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 375 (Steinberg) Transportation planning: travel demand models: sustainable communities strategy: environmental review. (A-09/12/2007  html  pdf)
  Status: 09/12/2007-From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
  Current Location: 09/12/2007-A APPR.
 
  Summary:  Existing law requires certain transportation planning activities by the Department of Transportation and by designated regional transportation planning agencies, including development of a regional transportation plan. Existing law authorizes the California Transportation Commission, in cooperation with the regional agencies, to prescribe study areas for analysis and evaluation. This bill would require the commission, by July 1, 2008, to adopt guidelines for travel demand models used in the development of regional transportation plans by certain transportation planning entities. The bill would require the Department of Transportation to assist the commission, on request, in this regard, and would impose other related requirements. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Oppose
Priority
1
   
   
 
SB 618 (Alquist) State agencies: electronic records. (I-02/22/2007  html  pdf)
  Status: 06/08/2007-Failed Deadline pursuant to Rule 61(a)(8). Last location was APPR. SUSPENSE FILE
  Current Location: 06/08/2007-S 2 YEAR
 
  Summary: Existing law provides that, notwithstanding any other provision of law, any requirement that a state agency send material, information, notices, correspondence, or other communication through the United States mail shall be deemed to include the authority for the state agency to send that material, information, notice, correspondence, or other communication by electronic mail upon the request of the recipient, unless impracticable to do so, or unless contrary to state or federal law. Existing law, the Administrative Procedure Act, authorizes state agencies to publish, distribute, or deliver various notices and documents required by the act pursuant to electronic mail or other electronic communication. This bill would require each state agency, no later than January 1, 2010, to maintain all of its records in an electronic format. It would apply this requirement to any document or writing containing information relating to the conduct of the people's business that is prepared, owned, used, or retained by any state agency that is not already in an electronic format.  
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 721 (Ashburn) State agencies: succession plans. (I-02/23/2007  html  pdf)
  Status: 08/30/2007-Set, second hearing. Held in committee and under submission.
  Current Location: 08/30/2007-A APPR. SUSPENSE FILE
 
  Summary: Existing law defines a state agency as every state office, officer, department, division, bureau, board, and commission. This bill contains other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
SB 797 (Ridley-Thomas) Professions and vocations. (A-09/07/2007  html  pdf)
  Status: 09/11/2007-From committee: Do pass. (Ayes 6. Noes 2.) Read second time. To third reading.
  Current Location: 09/11/2007-A THIRD READING
 
  Summary:  (1) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board to suspend or revoke a license on certain bases, including the licensee's conviction of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This bill would specify that this authorization to suspend or revoke a license is in addition to any other action that a board is permitted to take against the licensee. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
1
   
   
 
SB 963 (Ridley-Thomas) Regulatory boards: operations. (A-06/25/2007  html  pdf)
  Status: 06/25/2007-From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.
  Current Location: 06/25/2007-A B. & P.
 
  Summary: Existing law creates various regulatory boards, as defined, within the Department of Consumer Affairs and makes their funds separate accounts within the Professions and Vocations Fund. Under existing law, the revenue in certain of these accounts is continuously appropriated to the board, other than fine and penalty revenues. This bill would delete those provisions making the boards inoperative on a specified date and subjecting boards to review by the Joint Committee on Boards, Commissions, and Consumer Protection. The bill would instead make each of those boards subject to review by a standing policy committee of the Legislature upon request by a Member of the Legislature or the chief of the Office of the Consumer Advocate, which the bill would create in the Department of Consumer Affairs. The bill would, upon the committee's determination that a board is deficient, as specified, provide for the removal of all incumbent board members without a hearing and the appointment of a successor board, as specified. The bill would require the Office of the Consumer Advocate to serve as an independent monitor for a board that is found deficient. The bill would authorize the office to appear at meetings and to participate in disciplinary proceedings by a board within the department if required to promote or protect the interests of consumers, as defined, and would require the office to perform other specified duties. The bill would require the office to charge each board a fee to support the office's functions and would thereby make an appropriation by expanding the expenditure purposes of a continuously appropriated fund. The bill would create the Consumer Advocate Fund where these fees would be deposited and would be available to the office upon appropriation by the Legislature. The bill would require the director to report annually to the Governor and the Legislature, as specified, on the office's operations. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
1
   
   
 
SB 1047 (Committee on Business, Professions and Economic De) Professions and vocations. (E-09/11/2007  html  pdf)
  Status: 09/11/2007-Enrolled. To Governor at 9 a.m.
  Current Location: 09/11/2007-S ENROLLED
 
  Summary:  Existing law establishes the Department of Consumer Affairs which is comprised of various boards and similar entities with responsibilities for the licensure and regulation of various licensed professions and vocations. Under existing law, the department is under the control of the Director of Consumer Affairs. This bill would require each of those boards to meet at least 3 times each calendar year and at least once each calendar year in northern California and in southern California. The bill would authorize the director to exempt any board from the meeting requirement upon a showing of good cause and to call a special meeting of the board when a board is not fulfilling its duties. This bill contains other related provisions and other existing laws. 
 
  Organization
CGEA
  Position
Watch
Priority
1
   
   
 
SCA 1 (McClintock) Eminent domain: condemnation proceedings. (A-02/05/2007  html  pdf)
  Status: 05/02/2007-Failed Deadline pursuant to Rule 61(a)(2). Last location was JUD.
  Current Location: 05/02/2007-S 2 YEAR
 
  Summary: The California Constitution authorizes governmental entities to take or damage private property for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner of the property. It also authorizes the Legislature to provide for possession by the condemnor following commencement of the eminent domain proceedings upon deposit in court, and prompt release to the owner of the property, of the money determined by the court to be the probable amount of just compensation. This measure would further provide that private property may be taken or damaged only for a stated public use, and not without the consent of the owner for purposes of economic development, increasing tax revenue, or any other private use, nor for maintaining the present use by a different owner. The measure would also require that property acquired in eminent domain be owned and occupied by the condemnor, except as specified, and be used only for the public use stated at the time of the taking. This bill contains other related provisions. 
 
  Organization
CGEA
  Position
Watch
Priority
3
   
   
 
Total Position Forms: 31

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