BUSINESS ISSUES

SB 7              Steinberg D     Public works: charter cities.    Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects.

SB 261          Monning D      Contractors: fraudulent use of license.

Under current law, any person who willfully and intentionally uses, with intent to defraud, a contractor’s license number that does not correspond to the number on a currently valid contractor’s license held by that person, is guilty of a crime. Current law authorizes the registrar of contractors to issue a citation to an unlicensed individual who is in violation of that provision, including an order of abatement and a civil penalty. This bill would provide that any licensed or unlicensed person who commits any of those specified activities with respect to a contractor’s license is subject to the administrative remedies authorized by the Contractors’ State License Law. This bill contains other existing laws.

SB 262          Monning D      Contractors.

Under the Contractors’ State License Law, the person qualifying on behalf of an individual or firm is responsible for exercising direct supervision and control of his or her employer’s or principal’s construction operations as necessary to secure full compliance with the Contractors’ State License Law and the regulations of the Contractors’ State License Board relating to construction operations. This bill would provide that failure of the qualifying individual to exercise direct supervision and control in accordance with these provisions and the regulations adopted by the board shall constitute grounds for disciplinary action, and shall be punishable as a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 263          Monning D      Contractors: unlicensed activity.

Would prohibit a person engaged in the business or acting in the capacity of a contractor from bringing an action for collection of compensation for the performance of an act or contract for which a contractor’s license is required without alleging that he or she was duly licensed during the performance of that act or contract for which the person is seeking compensation. The bill would define “duly licensed” for purposes of these provisions, and would make other conforming changes. This bill contains other related provisions and other existing laws.

SB 332          Emmerson R    Real estate: sales.

Current law exempts, from the regulation of transactions in trust deeds and real property sales contracts, the negotiation of a loan by or on behalf of a real estate broker in connection with a qualifying sale or exchange of real property in which the broker acted as the agent of one or more of the parties to the sale or exchange, or the sale or exchange by or on behalf of the broker of a promissory note created for the purpose of financing a qualifying real property sale or exchange transaction in which the broker acted as the agent of one or more of the parties to the qualifying real property sale or exchange regardless of the time of the sale or exchange of the promissory note. This bill would make technical, nonsubstantive changes to those provisions.

SB 626          Beall D            Workers’ compensation.

Current law prohibits a chiropractor from being the treating physician after the employee has received the maximum number of chiropractic visits. This bill would delete that provision and would instead provide that a physician, as defined, may remain the patient’s primary treating physician even if additional treatment has been denied as long as the physician complies with specified reporting requirements. This bill contains other related provisions and other existing laws.  NOTE:  WE HAVE ALREADY TAKEN AN OPPOSE POSITION.

SB 676          Block D           Real estate records: unlawful destruction.

Would provide that any real estate broker, real estate, salesperson, or any director, officer, employee, agent, or shareholder of any corporation licensed as a real estate broker, who knowingly destroys, alters, conceals, mutilates, or falsifies any of the books, papers, writings, documents, or tangible objects that are required to be maintained or that have been sought in connection with an investigation, audit, or examination of a real estate licensee by the commissioner is guilty of a misdemeanor. This bill contains other related provisions and other existing laws.

SB 798          De León D       California Green Infrastructure Bank Act.

Would enact the California Green Infrastructure Bank Act (act). The bill would establish the California Green Infrastructure Bank (bank) as a public corporation and would make it responsible for administering the act. The bill would make the bank under the direction of an executive director to be appointed by the Governor subject to Senate confirmation. This bill contains other related provisions and other existing laws.

SB 803          DeSaulnier D   False documents: real property: voiding and restitution.

Current law requires a court to order defendants convicted of any crime to pay restitution to the victim or victims as well as a restitution fine, as specified, unless the court finds compelling and extraordinary reasons for not imposing the restitution fine, as specified. This bill would provide that where a defendant is convicted of any of those offenses, or any other offense, in which an instrument affecting the right, title, or interest in real property was forged or false, and where the instrument was filed, registered, or recorded, as specified, the prosecuting attorney or the judge may make a motion for a noticed hearing to adjudge the instrument void, and to order restitution for an affected person.

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