2008 Legislative Committee Report
The following is the report on the status of the legislative bills that this Committee took positions on during the year 2008.
AB 2081 (Coto), Workers' Compensation. This bill would provide that an officer or director who is a sole shareholder holding less than 10% of the shares of the corporation shall be presumed to be an employee of the corporation, and would prohibit such an officer or director from excluding themselves from workers' compensation coverage. Support.
AB 2115 (Mullin), Childhood Lead Poisoning. This bill would prohibit any school from admitting any person as a student unless the pupil has been screened for lead poisoning. Oppose.
AB 2127 (Benoit). Alternative Workweek Schedules. This bill would allow individual employees employed by an employer with fewer than 25 employees to request a work schedule of up to 10 hours per day within a 40 hour workweek. Support.
AB 611 (Nakanishi). Arbitration Procedures. This bill would authorize the registrar of contractors to refer an alleged violation and complaint to arbitration, if the damages are greater than the amount of the licensed bond, but less than $50,000. This bill would increase that amount to $100,000. Support.
AB 2412 (Eng). Unlicensed Contractors. This bill increases fines for unlicensed activity. A first conviction could be fined up to $5,000, and six months in county jail. A second conviction be 20% of the contract price or $5,000, but no greater than $5,000. A third conviction would be 20% of the contract price, but no greater than $10,000. Support.
AB 2738 (Jones). Construction Contracts. This bill would clean up the indemnity language in construction contracts purporting to indemnify a general contractor not affiliated with the builder. This bill also provides that claims are enforceable only to the extent caused by the negligence or fault of the subcontractor. Support.
SB 593 (Margett). Retention Proceeds. This bill would prohibit the Department of Transportation from withholding retention proceeds when making progress payments for work performed by a contractor. Support.
SB 1115 (Migden). Workers' Compensation. This bill would provide that race, religious creed, color, national origin, age, gender, marital status, sex or genetic disposition shall not be considered to be a cause or factor considered in any apportionment determination report of a permanent disability injury. Oppose.
SB 1338 (Migden). Workers' Compensation. This bill would repeal existing law that provides an employee with the right to be treated by his or her personal physician if that physician agrees to be pre-designated. Oppose.
SB 1698 (Romero). Public Works. This bill would amend contractors' state license law to prohibit contractors from performing work on a public work unless that contractor has obtained a public works certification (license) from the CSLB. Oppose.
