2011-2012 Legislative Session

CLCA Tracked Legislation Report for Week Ending February 3, 2012

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.
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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:	2
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.
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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.
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AB 1427	Committee on Insurance	Worker's compensation insurance: fraud.				Introduced:   3/22/2011   pdf html
	Status:	7/8/2011 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was INS. on 5/26/2011)
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	7/8/2011 - S .  2 YEAR
Summary:	Existing law governs the content and scope of workers' liability insurance policies. Existing law authorizes an insurer to issue limited workers' compensation policies, subject to prior approval as to form and substance by the Insurance Commissioner. A workers' compensation policy is limited only to the extent that the limitation is in accordance with specified administrative requirements prescribed by, and rules adopted by, the commissioner. The failure to observe the latter requirement in purporting to issue a limited worker's compensation policy makes any limitation on the policy ineffective. This bill would make technical, nonsubstantive changes to the above-described provision imposing specified administrative requirements. This bill contains other related provisions and other existing laws.
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AB 1450	Allen D	Employment: discrimination: status as unemployed.				Introduced:   1/5/2012   pdf html
	Status:	1/26/2012 - Referred to Coms. on L. & E. and JUD.
	Organization:	CLCA	Assigned:	PDT	Position:	Oppose
	Priority:	2
Location:	1/26/2012 - A .  L. & E.
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 to knowingly or intentionally refuse to consider for employment or refuse to offer employment to an individual because of the individual's status as unemployed, publish an advertisement or announcement for any job that includes provisions pertaining to an individual's status as unemployed, as specified, or direct or request that an employment agency take an individual's status as unemployed into account in screening or referring applicants for employment. This bill contains other related provisions.
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AB 1514	Lowenthal, Bonnie D	Public works: excavations: violations.				Introduced:   1/13/2012   pdf html
	Status:	1/17/2012 - From printer. May be heard in committee February 16.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/13/2012 - A .  PRINT
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 also authorize the Public Utilities Commission to bring an action for enforcement pursuant to the provisions described above.
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AB 1543	Alejo D	Public contracts: Buy American.				Introduced:   1/25/2012   pdf html
	Status:	1/26/2012 - From printer. May be heard in committee February 25.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/25/2012 - A .  PRINT
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.
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AB 1544	V. Manuel Pérez D	Undocumented workers: California Agricultural Jobs and Industry Stabilization Program.				Introduced:   1/25/2012   pdf html
	Status:	1/26/2012 - From printer. May be heard in committee February 25.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/25/2012 - A .  PRINT
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.
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AB 1565	Fuentes D	Public contracts: school districts: bidding requirements.				Introduced:   1/30/2012   pdf html
	Status:	1/31/2012 - From printer. May be heard in committee March 1.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/30/2012 - A .  PRINT
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.
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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.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	9/9/2011 - S .  RLS.
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.
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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.
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SB 252	Vargas D	Public contracts: personal services.				Amended:   5/31/2011   pdf html
	Status:	8/26/2011 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was B.,P. & C.P. on 6/23/2011)
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	8/26/2011 - A .  2 YEAR
Summary:	The California Constitution provides that the civil service includes every officer and employee of the state, except as otherwise provided. 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. Existing statutory law codifies certain judicially created exceptions to that constitutional provision, and authorizes the state to enter into personal services contracts when specified conditions are met. This bill would enact the Government Oversight and Fiscal Accountability Review Act of 2011. The bill would require a state agency or department that enters into a privatization contract, as defined, to report to the Department of General Services , on or before April 1, 2012, and annually each April 1 thereafter, regarding that privatization contract, and would require the Department of General Services to compile, publish, and make that report available for public inspection. The bill would also provide that a subcontract executed under a privatization contract is a public record, and would require the contractor to submit these subcontracts to the contracting agency, which would in turn be required to make the records available to the public pursuant to the California Public Records Act. State agencies and departments would also be required to prepare, as part of their budget requests, a document that contains specified information relating to their use of privatization contractors. This bill contains other existing laws.
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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:	2
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.
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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.
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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.
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SB 640	Runner R	Income and corporation taxes: tax credit: employment.				Amended:   7/12/2011   pdf html
	Status:	1/31/2012 - Returned to Secretary of Senate pursuant to Joint Rule 56.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/31/2012 - S .  DEAD
Summary:	The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill would, until the last day of the calendar quarter within which the Franchise Tax Board estimates it will receive returns claiming credits that cumulatively total $50,000,000, under both laws, provide a tax credit, in an amount as specified, to a qualified taxpayer for each qualified employee, as defined, who actively received unemployment insurance benefits for 6 months immediately prior to the time the qualified taxpayer hires the qualified employee. This bill would define a "qualified taxpayer" to mean a taxpayer that, as of the last day of the preceding taxable year, employed a total of 50 or fewer employees. This bill contains other related provisions.
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SB 691	Lieu D	Unemployment insurance: compensation.				Amended:   1/4/2012   pdf html
	Status:	1/23/2012 - In Assembly. Read first time. Held at Desk.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/23/2012 - A .  DESK
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.
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SB 777	Lieu D	Workers' compensation insurance: coverage program.				Amended:   1/4/2012   pdf html
	Status:	1/26/2012 - In Assembly. Read first time. Held at Desk.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	1/26/2012 - A .  DESK
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.
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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:	2
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.
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SB 944	Committee on Business, Professions and Economic De	Business and professions.				Chaptered:   10/2/2011   pdf html
	Status:	10/2/2011 - Chaptered by the Secretary of State, Chapter Number 432, Statutes of 2011
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	10/2/2011 - S .  CHAPTERED
Summary:	Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board within the Department of Consumer Affairs. This bill would make that requirement applicable, instead, to C-36 plumbing contractors, C-45 sign contractors, and C-57 well-drilling contractors. This bill contains other related provisions and other existing laws.
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SB 975	Wright D	Professions and vocations: regulatory authority.				Introduced:   1/19/2012   pdf html
	Status:	2/2/2012 - Referred to Coms. on B., P. & E.D. and RLS.
	Organization:	CLCA	Assigned:	PDT	Position:	Watch
	Priority:
Location:	2/2/2012 - S .  B., P. & E.D.
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. This bill would provide that those boards, bureaus, and commissions have the sole and exclusive authority in state government 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.
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