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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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