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LEGISLATIVE BILL STATUS REPORT
FOR THE
COMMUNITY ASSOCIATIONS INSTITUTE
Updated December 14, 2002
Assessment Financial Operations
AB 1048 , Firebaugh: Topic: Homeowner associations: reporting. Last
Action: Senate amendments concurred in. To enrollment. (09/08/1999) Position:
Oppose Note: Sponsor is CBIA. CAR Supports. HUD maintains it can't loan
money on homes with defects and no remedy is available. As of August 17th
CBIA is offering amendments that will be decided upon prior to the bill's
hearing on August 24th. Digest Summary: (1) Under existing law, unless
the governing documents impose more stringent standards, an association
is required to prepare and annually distribute a pro forma operating budget
that includes certain financial documents to its members. This bill would
require an association to include in the pro forma operating budget a statement
that reports on as a line item under cash reserves, the amounts of funds
received or to be received from either a compensatory damage award or settlement
from any person or entity for injuries to property, real or personal, arising
out of any construction or design defect, and to report on the expenditure
of those funds, as specified. SB 250 , Rainey and Speier: SEN Topic: Personal
Income Tax Law: credits: swimming pool safety devices. Last Action: Returned
to Secretary of Senate pursuant to Joint Rule 62(a). (04/22/1999) Position:
Pending Digest Summary: The Personal Income Tax Law authorizes various
credits against the taxes imposed by that law. This bill would provide
a credit for taxable years beginning on or after January 1, 1999, and before
January 1, 2003, in an amount equal to 80% of the cost paid or incurred,
not to exceed $1,000, by the taxpayer for adding or upgrading approved
safety devices for a residential swimming pool, as defined, under specified
conditions.
Construction Defects
AB 1221 , Dutra: ASM HOUSING AND COMMUNITY DEVELOPMENT Topic: Home warranty
program. Last Action: In committee: Hearing postponed by committee. (05/11/1999)
Position: Watch Note: Coalition for Quality Affordable Housing is sponsor.
Two year bill. Currently, a very poorly worded bill. Digest Summary: (1)
Existing law permits the registrar of contractors to investigate and discipline
a contractor who has violated provisions of the Contractors' State License
Law, which discipline can include requiring the contractor to correct construction
defects that are the result of the contractor being found to have violated
provisions of the Contractors' State License Law. This bill would express
the Legislature's findings and declarations relating to a lack of construction
of multifamily housing, including condominiums and townhouses, due to defect
litigation, and that there is a substantial need for a highly effective
state-sanctioned 10-year new home warranty program to provide both a process
for resolving claims and a mechanism to ensure quality design and construction.
AB 1669 , Committee on Judiciary: ASM JUDICIARY Topic: Works of improvement:
relief. Last Action: Referred to Com. on JUD. (03/22/1999) Position: Pending
Digest Summary: Existing law provides that, when a breach of a duty has
caused no appreciable detriment to the party affected, he or she may recover
nominal damages. This bill would provide that, in a defined construction
defect action in which the plaintiff alleges that the defendant is liable
for violating any applicable building standard, as defined, damages shall
include an amount necessary to bring the work of improvement into compliance
with the applicable building code as of the date that the work of improvement
was completed. SB 471 , Solis: ASM Topic: Contractors: works of improvement.
Last Action: Reconsideration granted. Placed on inactive file on request
of Assembly Member Papan. (09/09/1999) Position: Oppose_unless_amended
Note: CIDs also considered commercial projects by sponsor, Construction
Employers Assn. Any projects over one million dollars should be bonded
by owner according to Sponsor. Matters little if it's a non-profit HOA.
They rejected our suggested exemption language, however the bill will reportedly
be amended to increase the dollar threshhold and apply to fewer residential
developments. Digest Summary: Existing statutory law generally governs
payment provisions contained in contracts for works of improvement. This
bill would require an owner of property who contracts for a work of improvement,
for construction, alteration, or repair, where the value of the contract
is more than $1,000,000 $5,000,000 , to provide to the original contractor,
if a lending institution is providing a construction loan, a copy of the
recorded construction mortgage or deed of trust that shall disclose the
amount of the construction loan.
Gov Docs Dispute Resolution
AB 1533 , Leach: ASM JUDICIARY Topic: Real property: restrictions. Last
Action: Re-referred to Com. on JUD. (04/13/1999) Position: Support Note:
Sponsor, ECHO has made this a two year bill. Digest Summary: Existing law
provides that an action for violation of a restriction, defined to mean
a limitation on, or provision affecting, the use of real property in a
deed, declaration, or other instrument, whether in the form of a covenant,
equitable servitude, condition subsequent, negative easement, or other
form of restriction, shall be commenced within 5 years, as specified. This
bill would exempt from this limitation an action against the governing
association of a common interest development. AB 1553 , Calderon and Granlund
and Sena: Topic: Local government: redevelopment. Last Action: Assembly
Rule 77 suspended. Senate amendments concurred in. To enrollment. (09/08/1999)
Position: Pending Digest Summary: (1) Existing law provides procedures
for the establishment of county service areas for counties to provide specified
governmental services within unincorporated areas, for the establishment
of municipal water districts, and for the formation of joint powers agencies
as redevelopment agencies for the redevelopment of military facilities
located within the redevelopment project area of the agencies. This bill
would authorize those entities with respect to certain territory within
the Norton Air Force Redevelopment Project Area to establish sewer and
water supply facilities on specified state lands without approval by other
agencies, except as specified. SB 382 , Haynes: Topic: Housing: older persons.
Last Action: Chaptered by Secretary of State. Chapter 324, Statutes of
1999. (09/03/1999) Position: Oppose_unless_amended Note: Oppose unless
amended to original form. Senate refused to revert to prior version. Digest
Summary: The Unruh Civil Rights Act prohibits business establishments from
discriminating on the basis of sex, color, race, religion, ancestry, national
origin, or disability, or in the sale or rental of housing, based on age,
except as specified. This bill would revise those provisions relating to
housing discrimination to delete a requirement that a qualified permanent
resident of a senior citizen housing development have, or be expecting,
an ownership interest. SB 458 , Monteith: SEN LOCAL GOVERNMENT Topic: Subdivided
land: proposed offerings. Last Action: Set, second hearing. Hearing canceled
at the request of author. (05/06/1999) Position: Pending Digest Summary:
Existing law provides for the regulation of real estate transactions, including
subdivided lands transactions. This law provides that a notice of intention
for a proposed offering of subdivided land is not required if specified
criteria are satisfied, including, among other things, that each lot, parcel,
or unit of the subdivision will be sold or offered for sale improved with
a completed residential structure improvements.
SB 575 , Wright: SEN JUDICIARY Topic: Common interest developments.
Last Action: Set, first hearing. Hearing canceled at the request of author.
Set, first hearing. Hearing cancelled at request of author. (05/18/1999)
Position: Support Note: ECHO has problems with bill, as does CAR. Digest
Summary: Existing law, the Davis-Stirling Common Interest Development Act,
prohibits the board of directors of a common interest development association
from imposing regular or special assessments that exceed specified limits
without a vote of the owners of the association, as specified. This bill
would limit the applicability of the revise the above-described exception
for to exempt an extraordinary expenses required by repair or maintenance
expense that arises from a court order, as specified. SB 1148 , Burton
and Assembly Member Rod: SEN JUDICIARY Topic: Housing discrimination: restrictive
covenants. Last Action: Senate concurs in Assembly amendments. (Ayes 40.
Noes 0.) To enrollment. (09/08/1999) Position: Oppose Note: Met with Burton's
staff and ECHO twice to clean this up. Problem is in implementing the measure.
Teleconvened in July with HUD attorney and CLAC Key Partner, Brad Epstein.
As a result of these meetings among Brad, myself and HUD the language is
expected to greatly improve the bill and be less onerous to CIDs. Digest
Summary: (1) Existing law prohibits discrimination in housing through restrictive
covenants based on race, color, religion, sex, familial status, marital
status, disability, national origin, or ancestry. This bill would provide
that no declaration or other governing document shall include a restrictive
covenant in violation of these provisions, and would require the board
of directors of an association that manages a common interest development,
without approval of the owners, to repeal amend any declaration or other
governing document that includes a restrictive covenant prohibited by these
provisions.
Insurance Management Ops
AB 423 , Dutra: Topic: Fire protection: roofing materials. Last Action:
Enrolled and to the Governor at 12:30 p.m. (09/08/1999) Position: Pending
Digest Summary: Existing (1) Existing law requires every new structure,
and every existing structure when 50% or more of the roof area is reroofed
within a one-year period, to have a fire retardant roof covering that is
at least class A, B, or C, as specified. This bill instead would require
the entire roof covering of every existing structure where more than 50%
of the total roof area is replaced within any one-year period, every new
structure, and any roof covering applied in the alteration, repair, or
replacement of the roof of every existing structure, to be a fire retardant
roof covering that is at least class A, B, or C, as specified. AB 651 ,
Wright: SEN JUDICIARY Topic: Telecommunications: private property: agreements.
Last Action: Set, first hearing. Hearing cancelled at request of author.
(07/07/1999) Position: Oppose Note: CAI National helped us fight this one.
We visited the author during CA Day. Met with Cable industry to discuss
problems. Mobilized grassroots against bill and asked to be exempted. ATT
& Cable industry didn't have the votes. Bill dropped for this year.
Digest Summary: (1) Under existing law, the Public Utilities Commission
has regulatory authority over public utilities, including telephone corporations
and other specified entities. This bill would, under the Public Utilities
Act, state that the commission may exercise specified authority to the
extent, and in the manner, that it determines to be appropriate, and would
require the commission to exercise its authority with regard to access
to buildings by a public utility in a specified manner. AB 760 , Maddox:
ASM JUDICIARY Topic: Landlord-tenant: duty to evict. Last Action: In committee:
Set, first hearing. Failed passage. Set, first hearing. Failed passage.
(04/06/1999) Position: Pending Digest Summary: Existing law provides for
the rental of residential real property, as specified, prohibits the sale,
possession, use, or manufacture of controlled substances, as defined, and
specified gang activities. This bill would prohibit a landlord from causing
or knowingly permitting any premises under his or her control from being
used or maintained for any illegal drug activity, gang-related crime, or
in any manner as to constitute a drug-related nuisance, or to permit a
tenant to use or occupy premises under the landlord's control if the tenant
is involved in such activities on the premises. AB 860 , Thomson: SEN JUDICIARY
Topic: Civil law: pets: mobilehomes: common interest developments. Last
Action: Hearing postponed by Committee. (08/17/1999) Position: Oppose Note:
Micromanagement bill and includes mobilehomes. Alerted GSMOL, and health
groups to assist in opposing. Coordinating with them and CACM. ECHO offered
compromise, then reverted to Oppose after hearing in Senate Judiciary.
Made a two year bill by virtue of strong grassroots lobbying. Digest Summary:
(1) Existing law, the Mobilehome Residency Law, regulates the rules and
regulations that the management of a mobilehome park may impose upon its
residents, including those regarding the keeping of pets, as specified.
This bill would provide that no lease agreement entered into, modified,
or renewed on or after January 1, 2000, shall prohibit a homeowner from
keeping a at least one pet within the park, subject to reasonable rules
and regulations of the park , as specified .
WATCH BILLS
AB 171 , Margett: ASM JUDICIARY Topic: Works of improvement: liens.
Last Action: Re-referred to Com. on JUD. In committee: Hearing postponed
by committee. Hearing postponed by committee. (04/06/1999) Position: Watch
Note: Streamlines notice provisions. Two year bill. Digest Summary: Existing
law governs public and private works of improvement. This bill would require
the owner of a public or private work of improvement to notify, by registered
or certified mail, the original contractor, and any claimant who has filed
provided a preliminary 20-day notice, that a notice of completion or notice
of cessation has been recorded within 5 10 days of recordation of that
notice of completion or notice of cessation. AB 214 , Wiggins and Torlakson:
Topic: Public contracts: materials origin. Last Action: Assembly Rule 77
suspended. Senate amendments concurred in. To enrollment. (09/08/1999)
Position: Watch Digest Summary: Existing statutory provisions governing
contracting by a political subdivision, municipal corporation, or district,
provide that in contracts for public works or purchasing of materials for
public use, materials of United States origin must be used. This bill would
require the governing body or purchasing agent for any state agency or
department, city, city and county, county, school district, special district,
or other political subdivision using state funds, when contracting for
public works, to contract only with persons or entities who agree to use
or supply materials of United States origin. AB 248 , Torlakson: Topic:
Natural Hazard Disclosure Statements. Last Action: Senate amendments concurred
in. To enrollment. (09/09/1999) Position: Watch Digest Summary: Existing
law requires certain information to be disclosed by transferors and their
agents to prospective transferees prior to specified transfers of residential
real property. This bill would reorganize these provisions and make technical
changes with respect to Natural Hazard Disclosure Statements. AB 372 ,
Havice: SEN Topic: Flood control: Los Angeles County Drainage Area. Last
Action: Joint Rule 61 (a) suspended. (08/17/1999) Position: Watch Digest
Summary: (1) Existing law regulates state participation in federal flood
control projects. This bill would adopt and authorize the project for flood
control in the Los Angeles County Drainage Area (LACDA), known as the LACDA
project, in accordance with the approval of the Congress of the United
States and prescribed documents, at an estimated cost to the state of the
sum that may be appropriated by the Legislature for state cooperation,
upon the recommendation and advice of the Department of Water Resources
, in an amount that the bill would prohibit from exceeding 60% of the nonfederal
costs of the project .
AB 373 , Robert Pacheco: ASM HUMAN SERVICES Topic: Care facilities:
patient transfers: Lanterman Developmental Center. Last Action: In committee:
Set second hearing. Failed passage. Reconsideration granted. Set second
hearing. Failed passage. Reconsideration granted. (07/14/1999) Position:
Watch Digest Summary: (1) Existing law, the California Community Care Facilities
Act, provides for the licensure and regulation of community care facilities,
including residential care facilities, by the State Department of Social
Services. This bill would prohibit a community care facility from being
located within 1,000 feet of another community care facility in residential
areas. AB 431 , Dutra: Topic: Real estate transactions: appraisers: trust
deeds. Last Action: Senate amendments concurred in. To enrollment. (09/08/1999)
Position: Watch Digest Summary: (1) Existing law provides for the licensing
and certification of real estate appraisers. This bill would instead provide
that a license with an effective date of January 1, 2000, or later issued
under those provisions is generally valid for 2 years, subject to renewal
thereafter, and would decrease licensure and renewal fees, as specified.
AB 479 , Wiggins: SEN JUDICIARY Topic: Mobilehome parks: physical improvements.
Last Action: Returned by the Governor at the request of the Assembly. Action
rescinded whereby the bill was enrolled and presented to the Governor.
To inactive file on motion of Assembly Member Romero. (09/03/1999) Position:
Watch Digest Summary: Existing law requires a mobilehome park rental agreement
to contain a provision that specifies that it is the responsibility of
the management of the park to provide and maintain physical improvements
in the common facilities in good working order and conditions, and a description
of the physical improvements to be provided the mobilehome homeowner during
the tenancy. This bill would require the rental agreement to specify that
only rent is to be used to the management shall provide and maintain the
physical improvements in the common facilities with funds acquired through
the payment of rent . AB 546 , Wayne: ASM HOUSING AND COMMUNITY DEVELOPMENT
Topic: Mobilehome parks: landscaping. Last Action: In committee: Set, first
hearing. Hearing canceled at the request of author. (05/11/1999) Position:
Watch Digest Summary: Existing law, the Mobilehome Residency Law, authorizes
the management of a mobilehome park to charge the owner of a mobilehome
within the park a reasonable fee for the maintenance of the land and premises
upon which the mobilehome is situated in the event the homeowner fails
to do so in accordance with the park rules and regulations, as specified.
This bill would require the management to be responsible for the trimming
of all trees within the mobilehome park and for the disposal or removal
of those trimmings, except as specified. AB 594 , Cardenas: Topic: Real
property transfer disclosures: exception. Last Action: Chaptered by Secretary
of State - Chapter 119, Statutes of 1999. (07/13/1999) Position: Watch
Digest Summary: Existing law exempts transfers by a fiduciary in the course
of the administration of a decedent's estate, guardianship, conservatorship,
or trust from specified residential real property transfer disclosure requirements.
This bill would provide that this exemption would not apply to a transfer
if the trustee is a natural person who is sole trustee of a revocable trust
and he or she is a former owner of the property or an occupant in possession
of the property within the preceding year. AB 737 , Oller: ASM AGRICULTURE
Topic: Noxious weed management. Last Action: In committee: Hearing postponed
by committee. Hearing postponed by committee. (04/21/1999) Position: Watch
Digest Summary: Existing (1) Existing law sets forth provisions in the
Food and Agricultural Code relating to weeds and pest seeds. This bill
would create the Yellow Starthistle and Other Noxious Weeds Statewide Eradication
and Control Program under the jurisdiction of the Department of Food and
Agriculture. AB 742 , Honda: ASM Topic: Residential liens. Last Action:
To inactive file on motion of Assembly Member Honda. (05/17/1999) Position:
Watch Note: Two year bill. Digest Summary: An existing provision of the
California Constitution establishes a lien upon property upon which mechanics,
persons furnishing materials, artisans, and laborers have bestowed labor
or furnished material for the value of such labor done and material furnished.
This bill would prohibit, contingent upon enactment of a specified amendment
to the above-described provision, a person, other than a contractor, as
defined, who provides labor, materials, or services to an owner-occupied
residential work of improvement pursuant to a contract entered into on
and after January 1, 2000, with a contractor, from recording a lien upon
that real property for the value of that labor, material, or service if
the owner has paid the contractor in full. AB 760 , Maddox: ASM JUDICIARY
Topic: Landlord-tenant: duty to evict. Last Action: In committee: Set,
first hearing. Failed passage. Set, first hearing. Failed passage. (04/06/1999)
Position: Watch Digest Summary: Existing law provides for the rental of
residential real property, as specified, prohibits the sale, possession,
use, or manufacture of controlled substances, as defined, and specified
gang activities. This bill would prohibit a landlord from causing or knowingly
permitting any premises under his or her control from being used or maintained
for any illegal drug activity, gang-related crime, or in any manner as
to constitute a drug-related nuisance, or to permit a tenant to use or
occupy premises under the landlord's control if the tenant is involved
in such activities on the premises. AB 766 , Wiggins: SEN LOCAL GOVERNMENT
Topic: Subdivisions: design. Last Action: Referred to Com. on L.GOV. (04/21/1999)
Position: Watch Digest Summary: Existing law, the Subdivision Map Act,
authorizes local legislative bodies to regulate, by ordinance, the design
and improvement of subdivisions for which a tentative and final map or
parcel map is required. This bill would revise this definition to include
a reference to the requirement that the design and improvement of the subdivision
be consistent with the general plan or any specific plan.
AB 862 , Correa: SEN JUDICIARY Topic: Mobilehome parks: landscaping.
Last Action: In committee: Set, first hearing. Hearing canceled at the
request of author. (08/18/1999) Position: Watch Digest Summary: Existing
law, the Mobilehome Residency Law, authorizes the management of a mobilehome
park to charge the owner of a mobilehome within the park a reasonable fee
for the maintenance of the land and premises upon which the mobilehome
is situated in the event the homeowner fails to do so in accordance with
the park rules and regulations, as specified. This bill would require the
management to be responsible for the maintenance of all trees and driveways
within the mobilehome park, as specified, and would prohibit a resident
of a mobilehome park from planting a tree within the mobilehome park without
first obtaining written permission from the management. AB 919 , Dutra:
Topic: Land use: local agencies. Last Action: Enrolled and to the Governor
at 3 p.m. (09/07/1999) Position: Watch Digest Summary: Under the Planning
and Zoning Law, local agencies are required to make specified findings
based upon substantial evidence before disapproving or conditionally approving
a housing development project that renders it infeasible for the use of
low- and moderate-income households. This law requires that when a proposed
housing development project complies with the applicable general plan,
zoning, and development policies in effect at the time that the project's
application is determined to be complete, a local agency may not propose
to disapprove the project or conditionally approve it at a lower density
unless the agency bases its decision on written findings supported by substantial
evidence on the record that certain conditions exist. AB 935 , Brewer:
ASM LOCAL GOVERNMENT Topic: Land sales: subdivisions. Last Action: In committee:
Hearing postponed by committee. Hearing postponed by committee. (05/12/1999)
Position: Watch Digest Summary: (1) Under Under existing law, a person
acting as a principal or agent in this state may not sell or lease or offer
for sale or lease lots or parcels in a subdivision situated outside of
this state but within the United States, except as specified. This limitation
does not apply to specified time-share projects, estates, or uses. AB 942
, Dutra: Topic: State Housing Law: enforcement. Last Action: Enrolled and
to the Governor at 5:30 p.m. (09/09/1999) Position: Watch Digest Summary:
(1) The State Housing Law authorizes a city or county enforcement agency
to issue an order or notice to repair a building to the owner if the building
is maintained in a manner that violates any provisions of this act, the
building standards published in the State Building Standards Code, or any
other rule or regulation promulgated pursuant to the act, and the violations
are so extensive and of a nature that the health and safety of the residents
or the public is substantially endangered. This bill would require that
a copy of the order or notice be provided either (a) by both posting a
copy of the order or notice in a conspicuous place on the property and
by first-class mail to each affected residential unit or (b) by posting
the copy in a conspicuous place on the property and in a prominent place
on each affected residential unit .
AB 964 , Aroner: Topic: Earthquake insurance. Last Action: Assembly
Rule 77 suspended. Senate amendments concurred in. To enrollment. (09/03/1999)
Position: Watch Digest Summary: (1) Existing law governing the California
Earthquake Authority prohibits an insurer from participating in the authority
unless every insurer affiliated with that insurer, as defined, or under
common control with that insurer, as defined, also participates in the
authority. This bill would provide , until January 1, 2004, that if a person,
directly or indirectly, owns, controls, holds with the power to vote, or
holds proxies representing less than 33% of the voting securities of an
insurer that writes earthquake insurance, but does not write homeowners
or dwelling fire insurance in the state, and the insurer was acquired became
part of an affiliated group which includes one or more participating insurers
as a result of an acquisition or merger which occurred after the effective
date of the provisions governing the authority, then the insurer is not
required to participate in the authority even though an insurer affiliated
with it or under common control with it does participate in the authority
, provided the insurer does not transact residential earthquake insurance
business with agents exclusively appointed or employed by the participating
insurer. AB 975 , Ducheny: Topic: Vehicles: motorcycle safety. Last Action:
Assembly Rule 77 suspended. Senate amendments concurred in. To enrollment.
(09/08/1999) Position: Watch Digest Summary: (1) Existing law requires
that there be levied a state penalty in an amount equal to $10 for every
$10 or fraction thereof upon every fine, penalty, or forfeiture imposed
and collected by the courts for criminal offenses, as specified. This bill
would require that an amount of not more than $250,000 per fiscal year
of the moneys otherwise required to be deposited in the State Penalty Fund
that is attributable to an offense involving a violation of a provision
of the Vehicle Code or any local ordinance adopted pursuant to that code
and committed by the operator of, or passenger on, a motorcycle be transmitted
to the California Motorcyclist Safety Fund and be available, upon appropriation,
for the purposes of the motorcyclist safety program described below. AB
984 , Correa: ASM HOUSING AND COMMUNITY DEVELOPMENT Topic: Mobilehomes.
Last Action: In committee: Hearing postponed by committee. (05/11/1999)
Position: Watch Digest Summary: Existing law, the Mobilehome Residency
Law, generally regulates tenancies within a mobilehome park. This bill
would provide that these provisions shall be known and may be cited as
the Manufactured Home Residency Law replace the term "mobilehome" with
"manufactured home" throughout the law . AB 1001 , Villaraigosa: Topic:
Fair employment and housing. Last Action: Senate amendments concurred in.
To enrollment. (09/10/1999) Position: Watch Digest Summary: (1) Under the
California Fair Employment and Housing Act, it is unlawful to engage in
specified discriminatory employment practices, including hiring, promotion,
and termination on the basis of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status,
sex, or age. This bill would amend the act to include sexual orientation,
as defined, within the unlawful bases for discrimination in employment
and housing accommodations.
AB 1128 , Ackerman: ASM JUDICIARY Topic: Private property: taking. Last
Action: Referred to Com. on JUD. (03/23/1999) Position: Watch Digest Summary:
Existing law generally prescribes the manner in which governmental agencies
regulate the use of private property. This bill would provide that for
the purpose of any law, including any constitutional provision, that requires
just compensation for the taking of any private property, that requirement
shall apply upon the making of a final decision affecting private property
rights. AB 1342 , Granlund: Topic: Real property. Last Action: Enrolled
and to the Governor at 5:30 p.m. (09/09/1999) Position: Watch Digest Summary:
(1) Existing provisions of the Professional Land Surveyors' Act require
every map, plat, report, description, or other document issued by a licensed
land surveyor or registered civil engineer to comply with certain record
of survey requirements, as specified, whenever the map, plat, report, description,
or other documents is filed as a public record. This bill would, instead,
require every map or plat issued by a licensed land surveyor or registered
civil engineer to show the bearing and length of lines, scale of map and
north arrow, the name and legal designation of the property depicted, and
the date or time period of the preparation of the map or plat. AB 1382
, Lowenthal: SEN HOUSING AND COMMUNITY DEVELOPMENT Topic: Housing: code
enforcement pilot program. Last Action: In committee: Hearing postponed
by committee. Testimony taken. Hearing postponed by Committee. (07/12/1999)
Position: Watch Digest Summary: Existing law contains various provisions
relating to building standards and code enforcement. This bill would establish
the Community Code Enforcement Pilot Program pursuant to which the Department
of Housing and Community Development would award grants to communities
that develop a 3-year code enforcement pilot program meeting specified
criteria. AB 1396 , Lowenthal: SEN Topic: State surplus property: City
of Long Beach. Last Action: From committee chair, with author's amendments:
Amend, and re-refer to committee. Read second time, amended, and re-referred
to Com. on APPR. Withdrawn from committee. Re-referred to Com. on RLS.
(09/08/1999) Position: Watch Digest Summary: Existing law authorizes the
sale by the Department of General Services of state-owned real property
determined to be surplus, according to specified criteria. This bill would
declare specified state property within the City of Long Beach to be surplus
property and authorize its sale by the department to the city for the upgrade
and expansion of low- and moderate-income housing. AB 1453 , Committee
on Insurance: Topic: Earthquake insurance: mediation: retrofit program.
Last Action: Senate amendments concurred in. To enrollment. (09/07/1999)
Position: Watch Digest Summary: (1) Existing law, until January 1, 2000,
requires the Department of Insurance to establish a pilot program for the
mediation of the disputes between insured complainants and insurers arising
out of the Northridge Earthquake of 1994 or any subsequent earthquake.
This bill would delete extend this termination date , thereby extending
the mediation program indefinitely until January 1, 2005. AB 1454 , Committee
on Insurance: Topic: Hazard insurance. Last Action: Enrolled and to the
Governor at 12:30 p.m. (09/08/1999) Position: Watch Digest Summary: Existing
law prohibits a lender from requiring a borrower, as a condition of receiving
or maintaining a loan secured by real property, to provide hazard insurance
coverage against risks to the improvements, as defined, on that real property
in an amount exceeding the replacement value of the improvements on the
property. This bill would require the lender , as of July 1, 2000, to disclose
this fact to the borrower in writing, as soon as practicable, but before
execution of any note or security document. AB 1642 , Floyd: ASM CONSUMER
PRO., GOVT. EFFICIENCY, ECON. DEVELOPMENT Topic: Contractors: licensing.
Last Action: In committee: Set, second hearing. Hearing canceled at the
request of author. (04/20/1999) Position: Watch Note: Two year bill. Digest
Summary: Existing law provides that the willful or deliberate failure of
a contractor, or of his or her agent or officer, to pay moneys due for
material or services rendered when he or she has the capacity to pay or
has received funds for that particular work, project, or operation that
were sufficient to pay for the services rendered or materials purchased,
or the false denial of that claim with intent to secure some discount on
indebtedness or with the intent to hinder, delay, or defraud the person
so owed, constitutes a cause for disciplinary action. This bill would provide
that the failure of a contractor, or of his or her agent or officer, to
pay moneys when due for materials purchased or services rendered in connection
with his or her operations as a contractor for residential home improvement
work, when he or she has the capacity to pay or has received funds for
that particular work, project, or operation that were sufficient to pay
for the services rendered or materials purchased, and if the failure to
pay results in a mechanic's lien being filed against residential property
for that work, shall result in the automatic suspension of the contractor's
license. ACA 5 , Honda: ASM JUDICIARY Topic: Mechanic's liens. Last Action:
In committee: Set first hearing. Failed passage. Reconsideration granted.
(05/12/1999) Position: Watch Note: Two year bill. Digest Summary: The California
Constitution provides that mechanics, persons furnishing materials, artisans,
and laborers of every class, shall have a lien upon the property upon which
they have bestowed labor or furnished material for the value of the labor
done and material furnished. This measure would create an exception to
that provision where the property is a single-family, owner-occupied dwelling
that is the primary residence of the owner of the property if the owner
has paid in full, to the person to whom the owner is contractually obligated
to make payment, the amount owed by the owner for the labor bestowed and
material furnished upon that property that would form the basis for the
claim of lien. ACR 17 , Wayne: Topic: California Law Revision Commission:
studies. Last Action: Chaptered by Secretary of State - Res. Chapter 81,
Statutes of 1999. (08/23/1999) Position: Watch Note: This measure would
grant approval to the commission to continue its study of designated topics
including the DAvis Stirlin ACt, similar to Senator Lee's SB 254 Task Force.
Digest Summary: Under existing law, the California Law Revision Commission
is required to study, and is limited to studying, those topics approved
for its study by concurrent resolution of the Legislature. This measure
would grant approval to the commission to continue its study of designated
topics that the Legislature previously authorized or directed the commission
to study, would delete 5 topics that previously were approved by the Legislature
for study by the commission, and would authorize the study of 4 new topics.
SB 99 , Hughes: Topic: Unruh Act: home improvements: at-risk buyers.
Last Action: Enrolled. To Governor at 11 a.m. (09/10/1999) Position: Watch
Digest Summary: Existing law, the Unruh Act, provides for the regulation
of retail installment contracts. This bill would add provisions to that
act to require the seller of home improvements under a defined retail installment
sales contract that creates a security interest in the real property, where
the security interest exceeds $5,000, to consider a buyer' s ability to
repay the retail installment sales contract. SB 243 , McPherson: Topic:
Recreational property: attorney's fees. Last Action: Senate concurs in
Assembly amendments. (Ayes 39. Noes 0.) To enrollment. (09/10/1999) Position:
Watch Digest Summary: Existing law requires the State Board of Control
to allow a claim for reasonable attorney's fees incurred by an owner of
any interest in real property or a public entity as a defendant in a specified
civil action claiming damages if the owner gives permission to the public
to enter or use the property pursuant to a specified agreement regarding
recreational trail use or if the public entity gives permission to the
public to enter or use the property for recreational purposes, not to exceed
a total of $100,000 per fiscal year. This bill would also require the State
Board of Control to allow a claim for reasonable attorney's fees incurred
by an owner of any interest in real property or a public entity as a defendant
in a specified civil action seeking to restrict or prevent public use of
the property if the owner or public entity gives permission to the public
to enter the property pursuant to a specified agreement regarding recreational
use. SB 261 , Haynes: SEN JUDICIARY Topic: Residential care facilities:
complaints. Last Action: Set, second hearing. Hearing canceled at the request
of author. (04/20/1999) Position: Watch Digest Summary: Existing law provides
for the licensure and regulation of residential care facilities for the
elderly, as defined. This bill would require the State Department of Social
Services to remove any complaint against a residential care facility for
the elderly that has been determined to be , and remains , unfounded ,
or , when the investigation of the complaint is inconclusive, on the date
that is 6 months after the date the complaint was filed its investigation
is completed . SB 268 , Rainey: SEN HEALTH AND HUMAN SERVICES Topic: Residential
care facilities for the elderly: overconcentration. Last Action: Set, first
hearing. Failed passage in committee. (Ayes 1. Noes 5. Page 401.) Reconsideration
granted. Set, first hearing. Failed passage in Committee. Reconsideration
granted. (03/10/1999) Position: Watch Digest Summary: Existing law provides
for the licensure of community care facilities, including residential care
facilities for the elderly, by the State Department of Social Services.
This bill would eliminate the above exemption from these provisions for
residential care facilities for the elderly. SB 284 , Kelley: Topic: Secretary
of State. Last Action: To Special Consent Calendar. Senate concurs in Assembly
amendments. (Ayes 40. Noes 0.) To enrollment. (09/09/1999) Position: Watch
Digest Summary: (1) Existing law authorizes the Secretary of State to charge
various fees for the filing, indexing, and furnishing of various documents
and the performance of other functions by the Secretary of State. This
bill would consolidate the statutory fees for various business programs
in the Government Code and revise certain of those fees. SB 328 , Alpert:
Topic: Real property: liability. Last Action: Chaptered by Secretary of
State. Chapter 60, Statutes of 1999. (07/06/1999) Position: Watch Digest
Summary: Existing law establishes specified, alternative remedies with
respect to specified real property security which is environmentally impaired,
as defined, and where the borrower's obligations to the secured lender
are in default. This bill would delete the January 1, 2000, limitation.
SB 430 , Alarcon: Topic: Local fees and charges. Last Action: Enrolled.
To Governor at 2 p.m. (08/30/1999) Position: Watch Note: Priority liens
for commercial structures. Digest Summary: Existing law provides procedures
for counties and other local agencies to increase or decrease fees and
charges. This bill would provide that in addition to any other remedy provided
by law, the legislative body of a city, county, or city and county may
collect any fee, cost, or charge incurred in the abatement of public nuisances
and in the enforcement of state and local housing, building, and zoning
laws, codes, and regulations with respect to construction or land use activities
, except as specified, if the fee, cost, or charge has not been paid within
45 days of notice, by making the amount of any unpaid fee, cost, or charge
a proposed lien against the property that is the subject of the enforcement
activity. SB 476 , Chesbro: Topic: Mobilehomes: liquified petroleum gas
sales. Last Action: Chaptered by Secretary of State. Chapter 326, Statutes
of 1999. (09/03/1999) Position: Watch Digest Summary: Existing law prohibits
the management of a mobilehome park from charging a fee for other than
rent, utilities, and incidental reasonable charges for services actually
rendered. This bill would prohibit the management of a mobilehome park
from charging the mobilehome owners and tenants within a park more than
110% of the actual price paid by the management of the park for liquified
petroleum gas if the management of the park does not permit the purchase
of liquified petroleum gas for use in the mobilehome park from any other
source other than the mobilehome park management. SB 551 , McPherson: SEN
LOCAL GOVERNMENT Topic: Local agencies: building and zoning ordinances.
Last Action: Set, first hearing. Hearing cancelled at request of author.
(04/21/1999) Position: Watch Digest Summary: Existing law generally requires
local agencies to comply with all applicable building ordinances and zoning
ordinances of the county or city in which the territory of the local agency
is situated. This bill would add building and zoning ordinances incorporated
in any local coastal plan to those ordinances that do not apply to the
location or construction of the facilities described above. SB 619 , Dunn:
SEN APPROPRIATIONS Topic: Manufactured homes: ombudsman. Last Action: Hearing
postponed by committee. Hearing postponed by Committee. (05/27/1999) Position:
Watch Digest Summary: (1) Existing law establishes the position of Mobilehome
Ombudsman in the Department of Housing and Community Development, and sets
forth the duties of the ombudsman in providing assistance in taking complaints
from the public relating to manufactured homes and mobilehomes, and helping
to resolve and coordinate the resolution of those complaints. This bill
would rename the ombudsman the Manufactured Home Ombudsman. SB 758 , Morrow:
SEN JUDICIARY Topic: Mobilehome Residency Law: attorney's fees. Last Action:
Set, first hearing. Hearing cancelled at request of author. (05/18/1999)
Position: Watch Digest Summary: Existing law provides for civil actions
against a state or local public entity according to specified procedures
, the Mobilehome Residency Law, regulates the operation of mobilehome parks
. This bill would require the court to award reasonable attorney's fees
to the prevailing party in such an action brought pursuant to that law
. SB 781 , Speier: Topic: Housing subsidies: counties. Last Action: Senate
concurs in Assembly amendments. (Ayes 25. Noes 12.) To enrollment. (09/10/1999)
Position: Watch Digest Summary: Existing law sets forth the duties of the
State Department of Social Services in administering various public assistance
programs in the state. This bill would require the department to oversee
a rental housing subsidy program to be administered by counties, at their
option, pursuant to which families who are successfully meeting participation
requirements under the welfare-to-work component of the CalWORKs program,
or who are certain former CalWORKs recipients whose income is less than
150% of the federal poverty level, would receive subsidies for rent for
up to 3 years, at specified levels. SB 852 , Polanco: Topic: Vehicles:
removal of unlawfully parked vehicles: New Motor Vehicle Board. Last Action:
Senate concurs in Assembly amendments. (Ayes 21. Noes 15.) To enrollment.
(09/10/1999) Position: Watch Digest Summary: (1) Existing law authorizes
the New Motor Vehicle Board to consider any matter submitted by any person
concerning the activities or practices of any person applying for or holding
a license as a new motor vehicle dealer, manufacturer, manufacturer branch,
distributor, distributor branch, or representative, as specified, and to
hear and decide a protest presented by a franchisee, as specified. This
bill would provide that the board has no jurisdiction with respect to,
and may not hear, any consumer claim that has been filed with a court of
competent jurisdiction. SB 865 , Hughes: ASM CONSUMER PRO., GOVT. EFFICIENCY,
ECON. DEVELOPMENT Topic: Real property. Last Action: Hearing postponed
by committee. Hearing postponed by committee. (07/13/1999) Position: Watch
Digest Summary: Existing law specifies certain requirements as to the enforceability
of home improvement contracts but does not specifically make a violation
of those requirements a crime and authorizes the Registrar of Contractors
to suspend or revoke any license or registration, as specified . This bill
would provide that a violation of those provisions by a licensed home improvement
contractor or person subject to licensure, or by his or her agent or salesperson
is a misdemeanor. SB 933 , Poochigian: Topic: Property taxation: new construction.
Last Action: Chaptered by Secretary of State. Chapter 352, Statutes of
1999. (09/07/1999) Position: Watch Digest Summary: The California Constitution
generally limits ad valorem taxes on real property to 1% of the full cash
value of that property. This bill would provide that the terms "newly constructed"
and "new construction" do not include the improvement, upgrade, or replacement
of an underground storage tank that is required to be improved, upgraded,
or replaced to comply with federal, state, and local regulations on underground
storage tanks.
SB 948 , Alarcon: Topic: Affordable housing developments. Last Action:
Senate concurs in Assembly amendments. (Ayes 24. Noes 12. Page 2996.) To
enrollment. (09/07/1999) Position: Watch Digest Summary: (1) Under the
Ellis Act, public entities generally are prohibited from adopting any statute,
ordinance, or regulation, or taking any administrative action, to compel
the owner of residential real property to offer or to continue to offer
accommodations in the property for rent or lease. This bill would revise
the act's statement of legislative intent. SB 1066 , Bowen: ASM UTILITIES
AND COMMERCE Topic: Telecommunications: line sharing. Last Action: Joint
Rule 61 (a)(9) suspended. (07/15/1999) Position: Watch Digest Summary:
Under existing law, the Public Utilities Commission is vested with regulatory
authority over the public utilities, including telephone corporations.
This bill would make legislative findings and declarations relating to
telecommunications require the Public Utilities Commission to open a proceeding
to determine how to implement line sharing if the Federal Communication
Commission determines that line sharing is feasible and would prohibit
the Public Utilities Commission from adopting regulations that are contrary
to any determination by the Federal Communication Commission that line
sharing is not feasible . SB 1098 , Burton: Topic: Residential real property:
rent control: tenant rights: discrimination. Last Action: Senate concurs
in Assembly amendments. (Ayes 24. Noes 13. Page 3003.) To enrollment. (09/07/1999)
Position: Watch Digest Summary: (1) The Costa-Hawkins Rental Housing Act
authorizes an owner of residential real property to establish the initial
and all subsequent rental rates for a dwelling or a unit if any one of
specified facts is true and the initial rental rate for a dwelling or unit
where a residential rent control ordinance applies, except where, among
other conditions, the previous tenancy has been terminated pursuant to
notice by the owner or upon a change in the terms of the tenancy. This
bill would specify that termination or nonrenewal of a specified rent limitation
contract with a governmental agency constitutes a change in the terms of
the tenancy for that purpose, and would require 90 days' written notice
to the tenant of the termination. SB 1106 , Hayden: SEN HOUSING AND COMMUNITY
DEVELOPMENT Topic: Affordable housing. Last Action: Joint Rule 61(a)(2)
suspended. (04/15/1999) Position: Watch Digest Summary: (1) The Costa-Hawkins
Rental Housing Act prescribes circumstances when an owner of residential
real property may establish the initial and subsequent rental rates for
a dwelling or unit. This bill would make those provisions inapplicable
to low- or moderate-income units created
Assessment Financial Operations
by municipalities attempting to
preserve and sustain their supply of affordable housing through inclusionary
housing programs or other means.
SCA 8 , Johannessen: SEN REVENUE AND TAXATION Topic: Property taxation:
homeowners' exemption. Last Action: Set, second hearing. Failed passage
in committee. (Ayes 3. Noes 3. Page 1274.) Reconsideration granted. Set,
first hearing. Failed passage in Committee. Reconsideration granted. (05/19/1999)
Position: Watch Digest Summary: The California Constitution requires that
all property not exempted from tax be taxed in accordance with its full
value, and establishes or authorizes various exemptions from tax for real
property, including a homeowners' exemption in the amount of $7,000 of
the full value of the subject property. This measure would increase the
amount of the homeowners' exemption to $20,000 of the full value of a subject
property.
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