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Economic Development

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SB 47* (Alquist-D) Manufacturing and research: sales and use taxes

Exempts, on and after 1/1/12, from a specified portion of sales and use taxes, the gross receipts from the sale of, and the storage, use, or other consumption of, specified tangible personal property including property purchased for use by a qualified person, as defined, in manufacturing, processing, or fabricating of property, or use in research and development activities, or specified fabrication or research and development clean rooms and equipment.
(In Senate Governance and Finance Committee)

SB 196 (Cannella-R) Economic analysis and review: regulations

Requires the standardized economic assessment to consider additional factors, such as the benefits of the regulation and the extent to which it will achieve regulatory and statutory objectives. Requires agencies preparing the economic assessment to request a review of the assessment by the University of California, and to include any review by the university with the assessment. Requires the Department of Finance to adopt regulations, on or before 6/30/13, to guide agencies in conducting the standardized economic assessments, as specified.
(In Senate Rules Committee)

SB 245 (Rubio-D) Military installations reuse

Establishes the Office of Military Support in the Business, Transportation and Housing Agency, and sets forth its duties and authority with respect to state and local defense retention and conversion. Provides that the Office of Military Support will be in charge of a director who is appointed by the Governor. Authorizes the Office to establish a Military Advisory Committee with a specified membership.
(In Assembly Jobs, Economic Development, and the Economy Committee)

SB 292 (Padilla-D) LA stadium: California Environmental Quality Act

Establishes expedited judicial review procedures and requires implementation of specified traffic and air quality mitigation measures under the California Environmental Quality Act for the proposed downtown Los Angeles football stadium and convention center project.
Chapter 353, Statutes of 2011

SB 301 (DeSaulnier-D) Enterprise zones: applications

Provides that for applications for an enterprise zone submitted on or after 1/1/12, if any portion of the proposed enterprise zone is within, or was previously within, the boundaries of a previously designated zone, or if any portions of the proposed zone are within, or previously were within, the boundaries of two or more previously designated enterprise zones, the proposed enterprise zone is prohibited from exceeding a specified aggregate size.
(In Assembly Jobs, Economic Development, and the Economy Committee)

SB 353 (Blakeslee-R) Regulations: economic analysis

Provides that the activities of the Office of Administrative Law in reviewing and approving regulations, and amendments or repeal of regulations, as prescribed, be exempt from the California Environmental Quality Act. Requires each state agency proposing to adopt, amend, or repeal a regulation, in addition to those existing economic analysis requirements, to prepare a cost-benefit economic analysis of the proposed regulation with specified information. Commencing 7/1/12, requires an agency that proposes to adopt a major regulation to prepare an economic competitiveness assessment with specified information.
(In Senate Governmental Organization Committee)

SB 364 (Yee-D) Income taxes: business tax credits: reporting

Imposes a penalty on a qualified taxpayer that claims a business tax credit, enacted after 1/1/12, but fails to maintain the requisite number of full-time equivalent employees in subsequent years, as provided.
Vetoed

SB 366* (Calderon-D) Economic Development: state regulations

Requires each state agency to review its regulations to identify duplicative, overlapping, inconsistent or outdated provisions and repeal or amend identified regulations. Created a Streamlined Permit Review Team charged with improving the efficiency of the state permitting process for development projects.
(In Senate Governmental Organization Committee)

SB 395* (Dutton-R) Manufacturing and research: sales and use taxes

Provides a partial sales and use tax exemption (the General Fund portion only) from 1/1/12 until 1/1/19 for specified purchases by a taxpayer involved in manufacturing and software development.
(In Senate Appropriations Committee)

SB 400 (Dutton-R) Regulations: impact on businesses

Expands the economic impact reporting requirements under the Administrative Procedures Act to revise the reporting requirements relating to adoption, amendment, or repeal of regulations to (1) require identification of short-term and long-term creation or elimination of jobs in individual sectors within the state (rather than creation or elimination of jobs within the state), (2) assess the cost of enforcement to the agency and regulated entities, (3) assess whether the proposed regulation is inconsistent, incompatible, or duplicative of other local, state, or federal agency regulations, (4) make a determination with supporting information that no alternative considered by the agency will be more effective in carrying out the purpose for which the regulation is proposed or would be equally effective and less burdensome to affected private persons than the proposed regulation, and (5) explain reasons for rejecting any proposed alternatives that would less the adverse economic impact on small businesses. Requires the Office of Administrative Law to review the economic assessment for a proposed regulation with an estimated impact of $100 million or more, and determine within 30 days whether it is based upon sound economic knowledge, methods, and practices.
(In Senate Environmental Quality Committee)

SB 401 (Fuller-R) Economic impact: state regulations

Specifies that every regulation proposed by a state agency after 1/1/12, shall include a provision repealing the regulation in five years.
(Failed passage in Senate Environmental Quality Committee; reconsideration granted)

SB 469 (Vargas-D) Superstores: land use: development project review

Requires a city or county to prepare economic impact reports before it approves or disapproves the construction or conversion of superstore retailers.
Vetoed

SB 475 (Wright-D) Infrastructure financing

Changes the statutory authorization for local governmental agencies to utilize private sector financing alone or in concert with public financing, to study, plan, design, construct, develop, finance, maintain, rebuild, improve, repair, or operate, or any combination thereof, fee-producing infrastructure facilities.
(In Assembly Local Government Committee)

SB 553 (Fuller-R) Economic impact: state regulations

Specifies that a regulation that has or is likely to have an adverse economic impact of $10 million or more becomes effective 180 days after adoption.
(In Senate Governmental Organization Committee)

SB 591 (Gaines-R) Businesses: administrative regulations

Requires state agencies to determine how many regulations it imposes and reduce the total number of regulations it has identified by 33% according to specified priorities. Requires review of regulations to determine burden on regulated persons.
(In Senate Governmental Organization Committee)

SB 617 (Calderon-D) Economic impact: state regulations

Requires on and after 1/1/13, each state agency adopting a major regulation that is subject to Office of Administrative Law (OAL) review to prepare an economic analysis and requires state agencies to monitor internal auditing and financial controls. Defines "major regulation" to mean any proposed adoption, amendment, or repeal of a regulation that is subject to review by the OAL which will have an economic impact on California business enterprises and individuals in an amount exceeding $50 million, as estimated by the agency.
Chapter 496, Statutes of 2011

SB 620 (Correa-D) Retail facilities: California Environmental Quality Act

Exempts, until 1/1/15, a project from the California Environmental Quality Act that consists of the alteration of a vacant retail structure that existed prior to 1/1/09, is not more than 120,000 square feet in area, and meets specified requirements.
(In Senate Environmental Quality Committee)

SB 639 (Cannella-R) Economic development: state regulations

Requires the California Environmental Protection Agency, the entities that comprise that agency, and the Division of Occupational Safety and Health, when proposing to adopt, amend, or repeal an administrative regulation, to complete an economic impact analysis of that action prior to the adoption, amendment, or repeal. Requires the economic impact analysis to contain the projected cost of the action to the General Fund, the projected total economic impact of the action, including the cost to private sector employers and the estimated number of jobs to be lost, a description of all feasible regulatory alternatives and a cost-benefit analysis of each alternative, and a summary of written comments, as specified.
(In Senate Environmental Quality Committee)

SB 640* (Runner-R) Employment income and corporation taxes: tax credit

Enacts a new employment tax credit of up to $6,000 per qualified full-time employee hired by a taxpayer that employ 50 of fewer employees for taxable years on or after 1/1/11 until the calendar quarter in which a cumulative credit amount of $50 million is reached.
(In Senate Appropriations Committee)

SB 686* (Padilla-D) Biotechnology manufacturing: sales and use taxes

Provides a full sales and use tax exemption (7.25%, plus any applicable district taxes) for specified purchases made by a "qualified person" for use in "biotechnology manufacturing." Defines a "qualified person" as any person engaged in "biotechnology manufacturing," and defines "biotechnology manufacturing" to mean manufacturing activities as described in the North American Industrial Classification System. These industries include: medicinal and botanical, pharmaceutical preparation, in-vitro diagnostic substance or biological product manufacturing. Biotechnology manufacturing would also include research and development in biotechnology, research and development in the social sciences and humanities, and marketing research and public opinion polling.
(In Senate Appropriations Committee)

SB 688 (Wright-D) Economic development: state regulations

Revises, under the Administrative Procedure Act, the economic impact assessment to require state agencies proposing to adopt, amend, or repeal any regulation to also prepare a detailed estimate of the cumulative statewide cost impacts for affected businesses. The agency must notify the Legislature's fiscal committees and the appropriate policy committees if the estimated cumulative statewide cost impact for affected businesses exceeds $10 million. This notification is "intended to provide the Legislature sufficient time, to the extent the Legislature may disapprove of the regulation, to enact a statute that restricts the statutory authority of the agency to enact the regulation." Also, establishes an exception to the effective date of a regulation by prohibiting a regulation that has a cumulative statewide cost in excess of $10 million from taking effect until the January 1 that is one year following the date that the regulation is filed with the Secretary of State.
(Failed passage in Environmental Quality Committee; reconsideration granted)

SB 698 (Lieu-D) Workforce development: high-performance boards

Requires the Governor, through the California Workforce Investment Board (CWIB), to establish standards for certification of high-performance local workforce investment boards (LWIB). Requires CWIB, in consultation with LWIBs, to initiate a stakeholder process to determine the appropriate measurable metrics and standards for high-performance certification. Further requires the standards to be implemented on or before 1/1/13, and the first certification to occur on or before 7/1/13, with recertification occurring at least once every two years.
Chapter 497, Statutes of 2011

SB 721 (Lowenthal-D) California higher education: educational and economic goals

Requires an undesignated state entity to establish an accountability framework for achieving prescribed educational and economic goals. Requires that the framework so established follow stated principles. Requires this framework to measure the collective performance of the state's system of higher education in successfully serving students by answering six statewide policy questions.
(In Senate Education Committee)

SB 734 (DeSaulnier-D) State and local workforce investment boards: funding

Requires (beginning program year 2012) that at least 25% of federal Workforce Investment Act funds provided to local workforce investment boards be spent on workforce training programs. Increases this percentage to 30% beginning in program year 2016.
Chapter 498, Statutes of 2011

SB 892 (Lieu-D) Economic development

Creates the Economic Development, Job Creation, and Competitiveness Agency in state government, under the supervision of a Secretary of Economic Development, Job Creation, and Competitiveness, and sets forth their respective duties generally. Requires the Agency to develop a statewide strategy that identifies goals and objectives for job creation and competitiveness for the state's top economic sectors, and makes recommendations to the Governor and Legislature in that regard.
(In Senate Labor and Industrial Relations Committee)

SB 907 (Evans-D) Master Plan for Infrastructure Financing and Development

Creates the 11-member Master Plan for Infrastructure Financing and Development Commission. By 12/1/13, the Commission must submit a final report to the Governor and the Legislature which contains a long-term plan and strategy for the state's infrastructure needs and a prioritized plan to meet those needs. The Commission must also submit periodic progress reports.
(In Assembly Jobs, Economic Development, and the Economy Committee)

SB 1X1 (Steinberg-D) Partnership academies

Establishes the Clean Technology and Renewable Energy Job Training, Career Technical Education, and Dropout Prevention Program for the purpose of creating California Partnership Academies that focus on clean technology and renewable energy businesses, as specified.
Chapter 2, Statutes of 2011, First Extraordinary Session
A similar bill is SB 148 (Steinberg-D) which is in Senate Education Committee.

SB 28X1 (Padilla-D) Economic development: clean energy jobs

Extends the requirement for the Public Utilities Commission (PUC) to collect the public goods charge until 1/1/20, and increases the amount of funds the PUC would require the electrical corporations to collect through the public goods charge. Repeals the Public Interest Research, Demonstration, and Development Program and enacts the Clean Energy Jobs and Investment Act, as specified.
(Died in Senate Energy, Utilities and Communications Committee)

SCA 8 (Wyland-R) Job creation and economic development

Requires the Legislature to convene a joint committee during each regular session to hear testimony from business representatives regarding how to improve job creation and economic development in the state. Requires the committee to transmit a record of the recommendations received to each Member of the Legislature for the purpose of the Legislature's passage of legislation to improve job creation and economic development.
(In Senate Rules Committee)

AB 15 (V. Manuel Pérez-D) Workforce development: California Renewable Energy Workforce

Requires the California Workforce Investment Board (CWIB), by 7/1/12, in consultation with the Green Collar Jobs Council to establish the California Renewable Energy Workforce Readiness Initiative to ensure green collar career placement and advancement opportunities within California's renewable energy generation, manufacturing, construction, installation, maintenance, and operation sectors that is targeted toward specified populations. Requires that the initiative provide guidance to local workforce investment boards on how to establish comprehensive green collar job assessment, training, and placement programs that reflect the local and regional economies, as prescribed. Requires the CWIB, in developing the initiative, to assist the local workforce investment boards in collecting and analyzing specified labor market data, in order to assess accurately the workforce development and training needs of local or regional industry clusters. Requires the CWIB to submit to the Legislature, by 1/1/14, a report on the implementation of the initiative. Requires that the CWIB only implement the Initiative established pursuant to provisions of the bill if the Director of the Department of Finance determines that there are sufficient funds made available to the state for expenditure for the initiative pursuant to the federal American Recovery and Reinvestment Act of 2009, the federal Workforce Investment Act of 1998, or other federal law, or from other non-General Fund sources, and requires that the Initiative terminate at such time that the Director determines that there are no longer sufficient funds available for the Initiative.
(In Assembly Labor and Employment Committee)

AB 29 (John A. Pérez-D) Governor's Office of Business and Economic Development

Creates the Governor's Office of Business and Economic Development, establishes specific tasks and duties for the Office, including reorganizing such entities as the Small Business Advocate and the California Business Investment Services Program into this new office, and specifies that this new office will establish long-term economic goals and strategies as well as specific and effective services to California's businesses both large and small.
Chapter 475, Statutes of 2011

AB 49* (Gatto-D) Economic development: expedited permit review

Reestablishes the Office of Permit Assistance under the Governor's Office of Planning and Research to help facilitate state and local review of commercial and industrial development projects.
(In Assembly Appropriations Committee)

AB 127 (Logue-R) Economic development: state regulation

Requires that a regulation or an order of repeal of a regulation become effective on the following January 1 after a 90-day period following the date it is filed with the Secretary of State, instead of 30 days after the date of filing, except where already exempted.
(Failed passage in Assembly Business, Professions and Consumer Protection Committee)

AB 166* (Cook-R) Corporation taxes: minimum franchise tax

Eliminates the annual minimum franchise tax currently imposed on every incorporated corporation, qualified to transact business, or doing business in California. Eliminates the annual tax for a limited partnership, a limited liability company not classified as a corporation, a limited liability partnership, and a qualified Subchapter S subsidiary consistent with the elimination of the corporate minimum franchise tax. Eliminates the annual tax for regulated investment companies, real estate investment trusts, real estate mortgage investment conduits, and financial asset securitization investment trusts consistent with the elimination of the corporate franchise tax. Applies to taxable years beginning on and after 1/1/11.
(In Assembly Revenue and Taxation Committee)

AB 231* (V. Manuel Pérez-D) Income/corporation taxes: economic development areas

Renames the Enterprise Zone Act as the California Economic and Community Development Zone Act, and deletes the provisions governing Manufacturing Enhancement Areas and targeted tax areas, and makes various revisions in the requirements for designating and administering enterprise zones and local agency military base recovery areas, and geographically targeted economic development areas collectively. Increases specified requirements for an individual to be a qualified employee for purposes of the enterprise zone hiring credits, and makes other specified changes relating to the requirements for a taxpayer to take advantage of the credits.
(In Assembly Jobs, Economic Development, and the Economy Committee)

AB 232 (V. Manuel Pérez-D) Economic development: enterprise zones

Deletes the stated purpose of the Enterprise Zone Act, which is to stimulate business and industrial growth in the depressed areas of the state by relaxing regulatory controls that impede private investment, and instead provides that the purpose of the Act is to help stabilize local communities, alleviate poverty, and enhance the state's economic prosperity through the implementation of public and privately-funded programs and services that stimulate business and industrial growth in the depressed areas of the state. Prohibits, if a census tract or portion of a census tract included in an enterprise zone proposed on or after 1/1/11, is within, or previously was within, the boundaries of a previously designated enterprise zone, the aggregate size of the proposed enterprise zone from exceeding the size of the previously designated enterprise zone by more than 10%.
(In Assembly Jobs, Economic Development, and the Economy Committee)

AB 236* (Swanson-D) Employees income tax credits: qualified employees

Allows, for taxable years beginning on or after 1/1/11, an expanded $5,000 credit for each net increase in "qualified full-time employees" hired during the taxable year by a qualified employer. For purposes of this expanded credit, a "qualified full-time employee" is defined as an individual who meets the criteria for the existing hiring credit and who is either an ex-offender who was convicted of a felony, or a person who has been unemployed for 12 or more consecutive months prior to being hired. Specifies that the expanded credit shall not apply to sex offenders or individuals convicted of a serious or violent felony, as those terms are defined in the Penal Code.
(In Assembly Revenue and Taxation Committee)

AB 273 (Valadao-R) Economic impacts review: regulations

Requires the Department of Finance to review state agencies' determinations, estimates, and other findings related to costs and economic impacts of proposed regulations.
(In Assembly Appropriations Committee)

AB 303* (Knight-R) Manufacturing: sales and use taxes: exemption

Establishes a sales and use tax exemption for tangible personal property that is used by a qualified person, as defined, and is involved in a new trade or business. Limits the exemption to manufacturing. Provides that the exemption shall not apply with respect to any tax levied by a county, city, or district under the Bradley-Burns Uniform Local Sale and Use Tax Law or the Transactions and Use Tax Law, and under specified sections of the Revenue and Taxation Code.
(In Assembly Appropriations Committee)

AB 304* (Knight-R) Income tax: hiring: income tax credit

Allows, for each taxable year beginning on or after 1/1/11, and before 1/1/15, a credit for each "qualified employee" employed during the taxable year by a "qualified employer." Provides that the per employee credit shall be $3,000 or, $5,000, if the qualified employee's wage is 200% or more than the average wage in the county in which the qualified employee completes at least 50% of his/her work.
(In Assembly Revenue and Taxation Committee)

AB 338 (Wagner-R) Economic impact: state regulations

Requires the Office of Administrative Law to submit a copy of disapproved regulations to the Legislature when certain criterion are met.
(Failed passage in Senate Environmental Quality Committee: reconsideration granted

AB 368* (Morrell-R) Corporation tax: minimum annual tax

Exempts a new corporation, limited partnership, limited liability partnership, and limited liability company from the annual minimum tax for the first year of operation and reduces the amount of that tax from $800 to $400 for five subsequent years.
(In Assembly Revenue and Taxation Committee)

AB 423 (Butler-D) Infrastructure and Economic Development Bank

Provides that the Department of Finance would assume authority over the Infrastructure and Economic Development Bank.
(In Assembly Jobs, Economic Development, and the Economy Committee)

AB 425 (Nestande-R) Economic impact: state regulations

Requires that each state entity that promulgates regulations review those regulations and repeal or report to the Legislature by 12/31/12, those regulations identified as duplicative, archaic, or inconsistent with state statute. In addition, requires the affected state agencies to report to the Legislature by that date on regulations deemed to inhibit economic growth in the state.
(In Assembly Appropriations Committee)

AB 429 (Knight-R) Economic impact: state regulations

Increases the number of days before an approved regulation becomes effective from 30 to 180 after the regulation is filed with the Secretary of State, for regulations costing more than $15 million or that are a 5% increase over the cost of an existing regulation.
(Failed passage in Assembly Business, Professions and Consumer Protection Committee; reconsideration granted)

AB 472 (Ammiano-D) Infrastructure financing districts: America's Cup

Changes the statute governing San Francisco's waterfront infrastructure financing districts (IFDs) and creates a new statute for San Francisco's special waterfront IFDs.
(In Senate Rules Committee)

AB 530 (Smyth-R) Economic and technical information: regulations

Requires agencies to include in regulations packets submitted to the Office of Administrative Law, an economic impact statement with the initial statement for reasons for adopting, amending, or repealing a regulation.
(In Assembly Appropriations Committee)

AB 535 (Morrell-R) Economic development regulations

Requires state agencies that promulgate regulations to review and report on those regulations five years after adoption.
(In Assembly Appropriations Committee)

AB 554 (Atkins-D) Workforce services

Requires local workforce investment boards to coordinate programs and services funded by the Workforce Investment Act of 1998, and approved by the Division of Apprenticeship Standards, with community colleges to provide apprenticeship training.
Chapter 499, Statutes of 2011

AB 577* (Miller-R) Capital gains: income tax: corporation taxes

Provides, for taxable years beginning on or after 1/1/11, that gross income does not include any gain from the sale or exchange of a capital asset, as defined, that is purchased during the 2011 or 2012 calendar year, and is held for more than one year.
(In Assembly Revenue and Taxation Committee)

AB 586 (Garrick-R) Economic impact: state regulations

Requires standing committees of the Legislature, with jurisdiction over a state agency proposing to adopt a regulation with a gross cost in excess of $10 million as estimated in the initial statement of reasons for the regulation, to hold an informational hearing regarding the proposed regulation.
(Failed passage in Assembly Business, Professions and Consumer Protection Committee; reconsideration granted)

AB 632 (Wagner-R) Economic impact: state regulations

Requires state agencies to submit to the Legislature a notice of a proposed action to adopt, amend or repeal a regulation, if the notice identifies an economic impact, cost impact, statement or finding related to the proposed regulation, as specified.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 664 (Ammiano-D) Infrastructure financing districts: America's Cup venues

Allows San Francisco to form special waterfront infrastructure financing districts for the Port America's Cup.
Chapter 314, Statutes of 2011

AB 691 (Perea-D) Economic redevelopment: state agency regulations

Designates the Secretary of the Department of Food and Agriculture as an ombudsman responsible for reviewing all regulations promulgated by the state and other government agencies that affect agriculture.
(In Assembly Appropriations Committee)

AB 696 (Hueso-D) Bergeson-Peace Infrastructure and Economic Development Bank

Requires the Infrastructure and Economic Development Bank (I-Bank) to develop criteria for measuring the anticipated economic development benefits of a project, and to require, as of 1/1/13, all projects to meet land use criteria and demonstrate economic development benefits, as specified. Expands the applicability of the requirements for projects in the Infrastructure State Revolving Fund Program (ISRF) program to projects financed through all conduit financing programs administered by the I-Bank. Requires the I-Bank to coordinate ISRF outreach and financing activities with local and regional revolving loan funds to improve infrastructure and small business credit markets.
Vetoed

AB 700 (Blumenfield-D) Infrastructure and Economic Development Bank

Establishes an independently administered California Infrastructure and Economic Development Bank and makes related administrative changes to ensure accountability, transparency, and integration within the state's infrastructure planning and development process.
Vetoed

AB 750 (Hueso-D) Finance: Investment Trust Blue Ribbon Task Force

Establishes the Investment Trust Blue Ribbon Task Force, for the purpose of considering the viability of establishing the California Investment Trust, which would be a state bank receiving deposits of state funds. Requires the Task Force to be convened by the Secretary of the Business, Transportation and Housing Agency, and provide it with a 13-person membership, as specified. Requires the Task Force to convene its initial meeting on or before 2/1/12.
Vetoed

AB 835 (Mitchell-D) Economic and Workforce Development Program

Authorizes a California community college district to enroll a high school pupil who is not a resident of that district in an economic and workforce development program that is developed and implemented by the district and provides that the district shall not be subject to any other geographic limitations, as specified.
Chapter 224, Statutes of 2011

AB 893 (V. Manuel Pérez-D) California infrastructure and economic development

Requires the California Infrastructure and Economic Development Bank (I-Bank) to provide technical support to small and rural communities in obtaining financing for local infrastructure projects, and include information on public outreach activities in the I-Bank's annual report.
(In Senate Appropriations Committee)

AB 894 (V. Manuel Pérez-D) Economic development: state government

Authorizes the establishment of a loan and loan guarantee program, administered through the California Industrial Development Financing Advisory Commission for the purpose of financing the retooling and expansion of California's manufacturing facilities, enhancing the state's logistics network, and retaining and creating jobs.
Vetoed

AB 900 (Buchanan-D) Jobs and Economic Improvement Act

Establishes the Jobs and Economic Improvement Through Environmental Leadership Act of 2011, which creates an expedited judicial review procedure under the California Environmental Quality Act for various types of LEED (Leadership in Energy and Environmental Design) silver certified infill site projects, clean renewable energy project, and clean energy manufacturing project.
Chapter 354, Statutes of 2011

AB 910 (Torres-D) Economic development: financing districts

Authorizes an Infrastructure Financing District (IFD) to finance affordable housing facilities and economic development projects that provide significant benefits to an area larger than the IFD. Specifies that an election is not required to form an IFD, adopt an infrastructure financing plan, or issue bonds, if the IFD is implementing an affordable housing or economic development plan or a transit village plan.
(In Senate Governance and Finance Committee)

AB 923 (Fong-D) Workforce development: Lifelong Learning Accounts Initiative

Establishes The Lifelong Learning Accounts Initiative program within the Employment Development Department, for the purpose of providing grants to employers and employees to establish individual lifelong learning accounts for the deposit of funds for lifelong education and training.
(In Assembly Appropriations Committee)

AB 979* (Silva-R) Sales and use taxes exemption: manufacturing

Establishes a partial sales and use tax exemption for purchases of qualified tangible personal property by persons engaged in manufacturing and software production.
(In Assembly Revenue and Taxation Committee)
Similar bills include SB 116 (De Leon-D) which failed passage on the Senate Floor; AB 218 (Wieckowski-D) which is in Assembly Appropriations Committee; AB 1057 (Olsen-R) which is in Assembly Revenue and Taxation Committee; and AB 40X1 (Fuentes-D) which died in Assembly Rules Committee.

AB 1009* (Wieckowski-D) Full-time employees: hires: tax credits

Modifies the hiring credit for small businesses definition of a "qualified full-time employee" to apply, for taxable years beginning on or after 1/1/12, only to individuals who were unemployed for the 30 days immediately prior to being hired. Provides that the credit's current definition of a "qualified employer" (i.e., a taxpayer that, as of the last day of the preceding taxable year, employed 20 or fewer employees) shall only apply for taxable years beginning on or after 1/1/09, and before 1/1/12. For taxable years beginning on or after 1/1/12, a "qualified employer" is defined as a taxpayer that, as of the last day of the preceding taxable year, was any of specified groups. Lowers the total hour threshold, from 2,000 hours to 1,820 hours, for calculating an "annual full-time equivalent" in the case of full-time employees paid on an hourly basis.
(In Assembly Revenue and Taxation Committee)

AB 1057* (Olsen-R) Manufacturing: sales and use taxes: exemption

Establishes a partial sales and use tax exemption for specified business equipment.
(In Assembly Revenue and Taxation Committee)

AB 1069* (Fuentes-D) Motion Picture Tax Credit

Extends the application of the California Motion Picture Tax Credit program for one year, from 7/1/14, until 7/1/15, thus authorizing the allocation of an additional $100 million in tax credits to qualified productions, provided certain conditions are met.
Chapter 731, Statutes of 2011

AB 1115 (Lara-D) Workforce development: training services

Authorizes individuals who are eligible to receive training services under federal law to have the opportunity to select any of the eligible training providers from any of the local areas in the state. Requires the California Workforce Investment Board to establish a procedure for use by local workforce investment boards in determining the eligibility of a provider of training services, as prescribed, in accordance with various requirements.
(In Senate Appropriations Committee)

AB 1183 (Bill Berryhill-R) Environmental impact reports

Enacts the Jobs and Housing Act of 2011 and limits the standing to file and maintain a California Environmental Quality Act challenge of an environmental impact report or proceeding to the Attorney General. Applies this limitation to those actions or proceedings that are pending as of 1/1/12, and for which a final nonappealable judgment has not been entered before that date.
(In Assembly Natural Resources Committee)

AB 1185 (Torres-D) Retail facilities: California Environmental Quality Act

Establishes, until 1/1/15, an exemption from the California Environmental Quality Act for alterations of existing vacant retail structures not more than 60,000 square feet and meeting specified requirements.
(In Assembly Natural Resources Committee)

AB 1195* (Allen-D) Corporations: hiring tax credit

Expands the pool of eligible claimants for the Jobs Tax Credit from taxpayers with 20 or fewer employees to those with 50 or fewer employees.
In Senate Appropriations Committee)

AB 1213 (Nielsen-R) Economic impact: state regulations

Authorizes a chair or vice chair of a standing, select, or joint committee of the Legislature to initiate a priority review of any regulation, as specified.
(Failed passage in Assembly Business, Professions and Consumer Protection Committee)

AB 1224 (Assembly Veterans Affairs Committee) Employment training panel: 3-year plan: training programs

Expands the Employment Training Panel three-year plan to include projects that support veterans and members of the California National Guard.
(In Assembly Labor and Employment Committee)

AB 1233* (V. Manuel Pérez-D) Economic development: state government

Requires the Secretary of Labor and Workforce Development to prepare a California Economic and Workforce Development Strategy, as specified, to be updated every five years. Requires that the Secretary undertake this process anew in each succeeding five-year cycle in order to update the economic strategy prior to October 31 of each succeeding fifth year.
(In Assembly Jobs, Economic Development, and the Economy Committee)

AB 1278* (Hill-D) Hiring tax credits

Limits the application of the new hire credit in instances where the taxpayer has relocated from one area of California to a geographically targeted economic development area (G-TEDA) on or after 1/1/11. Under this circumstance, a G-TEDA hire credit is only allowed for qualified employees who represent a net increase to the total number of California workers employed by the taxpayer over the previous tax year. Further, the taxpayer is required to have also made a bona fide offer of employment at the new work location to each employee at the old location that was displaced by the move.
(In Assembly Jobs, Economic Development, and the Economy Committee)

AB 1315 (Furutani-D) Education: Gateway Centers

Establishes Gateway Centers to be operated by local adult schools and community colleges to leverage multiple education and workforce investment funding and improve the transition of adult learners into entry-level degree or certificate training programs that are linked to employment.
(In Assembly Appropriations Committee)

AB 1322 (Bradford-D) Economic impact: state regulations

Adopts the regulatory philosophy and principles of regulation, as outlined in Presidential Executive Order 12866, in order to achieve similar regulatory benefits within the state.
(In Assembly Appropriations Committee)

AB 1379 (Bradford-D) Economic development: public pension funds

Authorizes public retirement systems with assets over $4 billion to report annually to the State Controller on investments in California and emerging domestic markets, as specified. Permits the report to include an estimate of the number of jobs created and retained because of the retirement system's investments. Limits the information reported by the public pension systems to that which is required by the California Public Records Act. Clarifies that a state or local public retirement system may elect to satisfy the reporting requirements by reporting on its total portfolio, rather than those investments made after 7/1/12, if the information is provided and identified consistently, as specified.
Vetoed

AB 1386 (Bradford-D) Women, minority, and disabled veteran business enterprises

Encourages cable television corporations and direct broadcast satellite providers to voluntarily adopt a plan for increasing women, minority, and disabled veteran business enterprise procurement and to voluntarily report activity in this area to the Legislature on an annual basis. Requires the Public Utilities Commission to make this annual report available on its Internet Web site.
Chapter 443, Statutes of 2011

AB 1411 (V. Manuel Pérez-D) Economic development: enterprise zones

Makes various changes to the zone selection and administrative provisions of the enterprise zone program. Alters the eligibility criteria for a proposed zone such that a proposed zone must be located solely in low-income census tracts and meets at least one of specified criteria. Deletes the provision prohibiting zone applicants from drawing boundaries to include larger stable businesses to the detriment of areas that are truly economically depressed. Allows an applicant's economic development strategy and implementation plan to identify local resources that the jurisdiction will utilize to implement its strategy and plan and explain how these resources will leverage enterprise zone benefits. Adds redevelopment tax increment, federal Workforce Investment Act, federal Community Development Block Grant, CalWORKS (California Work Opportunity and Responsibility to Kids), and local educational funds to the list of local resources that applicants may commit to the program. Deletes from the list of scoring bonus criteria unique distress factors affecting long-term development.
(In Senate Appropriations Committee)

AB 1423* (Perea-D) Investment company modernization: tax conformity

Conforms state laws to recent federal changes (Regulated Investment Company Modernization Act of 2010) that affect the tax treatment of regulated investment companies, which are mutual funds and other similar investment companies.
Chapter 490, Statutes of 2011

AB 3X1 (Logue-R) Economic Development: state regulations

Requires a state agency to review and report on regulations that it adopts or amends on and after 1/1/12, five years after adoption, as specified. Requires that the review and report include 10 specified factors, including a summary of the written criticisms of the regulation received by the agency within the immediately preceding five years and the estimated economic, small business, and consumer impact of the regulation. Requires the Office of Administrative Law to make the review and report available on the Office's Internet Web site.
(Died at Assembly Desk)

AB 4X1 (Logue-R) Economic development: state regulations

Requires that a regulation or an order of repeal of a regulation become effective, instead, on January 1 next following a 90-day period after the date it is filed with the Secretary of State, except as provided.
(Died at Assembly Desk)

AB 5X1 (Logue-R) Regulations: legislative notice

Requires that the notice of proposed action also be submitted to the Legislature if it includes particular information relating to economic and cost impacts of the regulation on businesses and private persons.
(Died at Assembly Desk)

AB 6X1 (Logue-R) Economic development: state regulations

Requires the Department of Finance (DOF) to adopt and update instructions for inclusion in the State Administrative Manual that prescribe the methods that any agency shall use in making certain determinations, estimates, statements, and findings relating to the economic and cost impacts of a regulation on businesses and private individuals. Requires, instead of authorizes, the DOF to review these determinations, estimates, statements, and findings for content.
(Died at Assembly Desk)

AB 11X1* (V. Manuel Pérez-D) Economic development: enterprise zones

Modifies the definition of a targeted employment area as used in the Enterprise Zone Act, as specified. Provides that the purpose of a targeted employment area is to help identify neighborhoods of low- and moderate-income workers for the purpose of providing those workers with employment assistance, training, and job placement.
(Died at Assembly Desk)

AB 40X1* (Fuentes-D) Income taxes: exclusions: deductions: sales

Makes various changes regarding the apportionment of income, assignment of sales, and the minimum franchise tax under the corporation tax; institutes specified reductions in the tax rate applied to certain income for purposes of the corporation tax and the personal income tax; establishes a tax exemption for certain purchases under the sales and use tax; and, sets up a process to adjust the sales and use tax exemption amount under certain conditions.
(Died in Senate Rules Committee)

World Trade and Tourism

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SB 460 (Price-D) International trade marketing and promotion

Requires the Business, Housing and Transportation Agency (BTH) to coordinate international trade marketing and promotion strategies. Requires the Secretary of BTH to convene a statewide business partnership for international trade marketing and promotion no later than 3/1/12, including, but not limited to, representatives of public airports, land ports of entry, seaports, ocean carriers, marine terminal operators, air carriers, warehouse operators, trucking companies, foreign trade zones and shippers.
(In Assembly Appropriations Committee)

SB 830 (Wright-D) Trade infrastructure investment: tax credit

Enacts a trade infrastructure tax credit against the Personal Income Tax or Corporation Tax equal to 50% of the total capital costs of each qualifying project, as defined. The credit may be claimed from the 2011 taxable year to the 2020 taxable year, but taxpayers may only claim 5% of the total credit amount in any taxable year, although the credit may be carried over for 10 years.
(In Senate Governance and Finance Committee)

SCR 33 (Price-D) Foreign investment

Expresses the sentiment of the Legislature that the EB-5 visa program is beneficial to the state's economic development and provides important opportunities for foreign direct investment to California.
Resolution Chapter 60, Statutes of 2011

SJR 4 (Harman-R) United States - Korea Free Trade Agreement

Memorializes the Congress of the United States to approve and enact the United States-Korea Free Trade Agreement.
(In Senate Business, Professions and Economic Development Committee)

AB 1137 (V. Manuel Pérez-D) Foreign trade

Makes a number of changes to state international trade and trade promotion programs. Codifies in statute California's role in the federal EB-5 program and creates the California Export Promotion and Gap Financing Program, specifying performance measures and reporting requirements for each.
(In Senate Appropriations Committee)

AB 1409 (Assembly Jobs, Economic Development And The Economy Committee) Economic development: international trade and investment

Requires the study on the potential roles of the state in global markets prepared by the Business, Transportation and Housing Agency to address good movement goals and outcomes related to international trade and infrastructure.
(In Senate Appropriations Committee)

AB 1410 (Assembly Jobs, Economic Development And The Economy Committee) International relations

Reorganizes the statutory placement of the Office of California-Mexico Affairs and the California-Mexico Border Relations Council from a general title within state government to a more specific title on foreign relations within the Government Code, but does not make any changes to the content of the sections of the law.
(Held at Senate Desk)

AJR 15 (Alejo-D) California cut flowers

Urges the United States government to consider the California jobs and economic stimulus provided by the California floriculture industry when advancing free trade agreements, specifically with Colombia.
Resolution Chapter 122, Statutes of 2011

Small Business

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SB 67 (Price-D) Small business participation: public contracts

Authorizes the Department of General Services (DGS) to require a 25% small business participation goal for state contracts and allows DGS to monitor progress in meeting this goal, commencing 7/1/12.
(In Assembly Appropriations Committee)

SB 556* (Gaines-R) Income taxes: Creating Small Business Jobs Act

Increases the income exclusion for qualified small business stock from 50% of the gain to 100% for stock acquired during the 2011 year only. Maintains the preferential Alternative Minimum Tax rate.
(In Senate Governance and Finance Committee)

SB 560 (Wright-D) Small business: regulations

Enacts the Regulatory Reform Act of 2011 which authorizes a state agency to consult with "parties who would be subject to the proposed regulations" rather than "interested persons." Requires the state agency to notify in writing the Office of Small Business Advocate and the Department of Finance (DOF) if the state agency does not, or is unable to, consult with parities subject to the regulation and reasons for not consulting the impacted businesses. Requires the description of reasonable alternatives to cover "each specific alternative." Revises the economic impact assessment to also include a small business economic impact statement, and requires a small business economic impact statement that must include conditions, as specified. Requires the notice of proposed adoption, amendment, or repeal of a regulation to also include the small business impact statement; strikes the requirement for an agency to make a specified statement in the notice of proposed adoption, amendment, or repeal of a regulation if the agency is not aware of any cost impacts that a representative private person or business would incur in compliance with the regulation, and instead requires the agency to include a statement describing how a private person or business could comply with the proposed regulation without incurring a cost. Requires Office of Administrative Law to also return any regulation to the adopting agency if the adopting agency has not provided the above cost estimate and small business economic statement. Provides that for any interested person to obtain a judicial declaration as to the validity of any regulation or order of repeal by taking certain actions, "interested person" as defined. Requires the DOF instructions for inclusion in the State Administrative Manual to include methods to make determinations and estimates for several other provisions. Specifies that the instruction guidelines must address costs or savings estimates to small businesses; criteria to be used in determining whether the cost of regulation will have a significant, statewide adverse economic impact on businesses; and criteria to be used in determining what costs, if any, may be incurred by an individual or business that complies with a proposed regulation. Adds restrictions for regulations relating to a new or emerging technology, as specified.
(In Senate Environmental Quality Committee)

SB 733 (Price-D) Small business participation: high-speed rail

Requires the High Speed Rail Authority (HSRA) to include a strategy for ensuring small business participation in contracts for the high speed rail project in its 1/1/12 business plan, or an addendum to that plan by 3/1/12. Requires the HSRA to work with the Employment Development Department to develop a strategy to ensure that at least 25% of the workforce on any high speed rail work site is from the local workforce. This local workforce participation strategy would also be included in the business plan.
(In Senate Appropriations Committee)

SB 828 (Runner-R) Small Business Appeals Board

Establishes the Small Business Appeals Board in state government, to consist of a specified membership. Authorizes the Board to grant a hearing and review the order, ruling, action, or failure to act of any state agency, except a state taxing agency, upon the petition of any small business affected by the order, ruling, action, or failure to act. Authorizes the Board to grant any remedy and impose any penalty authorized under existing law governing administrative procedures.
(In Senate Business, Professions and Economic Development Committee)

SCR 24 (Price-D) Small Business Month

Proclaims the month of May 2011 as Small Business Month, to raise awareness of the contributions made by outstanding entrepreneurs and small business owners.
(In Assembly Rules Committee)

AB 11* (Portantino-D) Small businesses: taxes: credits

Allows a credit, under both the Personal Income Tax Law and the Corporation Tax Law, equal to 20% of annual workers' compensation premiums paid by a "qualified taxpayer" during the taxable year. Provides that a credit will only be allowed if it is claimed on a timely filed original return received by the Franchise Tax Board (FTB) on or before the specified "cut-off date." The "cut-off date" shall be the last day of the calendar quarter within which the FTB estimates that it will have received returns claiming credits that cumulatively total $200 million for all taxable years.
(In Assembly Revenue and Taxation Committee)

AB 135 (Hagman-R) Small business owner: Air Resources Board: membership

Requires that at least one of the 11 members of the Air Resources Board (ARB) be an owner, within the past five years, of a small business. Defines "small business" by reference as an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of $10 million or less over the previous three years, or is a manufacturer with 100 or fewer employees.
Vetoed

AB 150 (Perea-D) Small business enterprises

Allows the Department of General Services to direct minimum business participation goals for minority, women, and disabled veteran-owned businesses and small businesses in state contracts and to monitor progress in meeting this goal, commencing 7/1/12.
(In Assembly Appropriations Committee)

AB 365 (Galgiani-D) Small businesses: High-speed rail

Enacts penalties and sanctions relative to the certification by the High Speed Rail Authority of any business as a small emerging business enterprise, microbusiness, or disabled veteran business enterprise.
(In Assembly Appropriations Committee)

AB 492 (Galgiani-D) High-Speed Rail Authority: small business enterprises

Requires the High-Speed Rail Authority to consider, to the extent permitted by federal and state law, the creation of jobs and participation by small business enterprises in California when awarding major contracts or purchasing high-speed trains, and requires the Authority to appoint a small business enterprise advisory committee.
(In Senate Rules Committee)

AB 541 (Morrell-R) California Small Business Board

Directs the California Small Business Board to focus for the next two years on, among other items, the impact of licensing and permitting regulations on small business startups. Requires the Board to report its findings and recommendations to the Governor, the Small Business Advocate, and the Legislature in July 2012, July 2013 and December 2013.
(In Assembly Appropriations Committee)

AB 821* (Garrick-R) Corporations: minimum annual tax: exemptions

Exempts a new corporation, limited partnership, limited liability partnership, and limited liability company from the annual minimum tax for the first year of operation and reduces the amount of that tax from $800 to $100 for nine subsequent years.
(In Assembly Revenue and Taxation Committee)

AB 901 (V. Manuel Pérez-D) Small business: economic development

Expands the definition of financial institutions eligible to participate in the California Capital Access Program (CalCAP) and increases CalCAP reporting requirements.
Chapter 483, Statutes of 2011

AB 913 (Feuer-D) Hazardous waste: source reduction: certified green business

Requires, as part of implementing the source reduction program, the Department of Toxic Substances Control to develop a California Green Business Program that provides for the support and assistance to local government programs that provide for the voluntary certification of small businesses that adopt environmentally preferable business practices, including, but not limited to, increased energy efficiency, reduced greenhouse gas emissions, promotion of water conservation, and reduced waste generation.
Chapter 578, Statutes of 2011

AB 1037 (V. Manuel Pérez-D) Small business impact: regulations

Increases the threshold for business activities under the definition of "small business" and requires agencies to reassess regulations five years after adoption, as specified.
(In Assembly Appropriations Committee)

AB 1206 (Galgiani-D) Small businesses: high-speed rail: contracts

Requires the High Speed Rail Authority to adopt a program to include contractor compliance monitoring and enforcement efforts, tracking and reporting mechanism, and prompt payment, reporting, and project closeout provisions. Stipulates that the program may include separate elements for small business enterprises, microbusinesses, and disabled veteran business enterprises.
(In Assembly Appropriations Committee)

AB 1240* (Logue-R) Limited liability company: income taxes: annual fee

Repeals the annual fee imposed on every limited liability company.
(In Assembly Appropriations Committee)

ACR 59 (Atkins-D) Buy California Small Business First Month

Proclaims May 2011 as Buy California Small Business First Month to raise awareness that when California consumers, businesses, colleges, universities, and governmental agencies choose California small businesses when making purchases, positive economic impacts occur within state and local economies.
Resolution Chapter 74, Statutes of 2011

Labor Relations

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SB 56 (Corbett-D) Apprenticeship oversight

Streamlines auditing requirements of the California Apprenticeship Council.
Chapter 696, Statutes of 2011

SB 104 (Steinberg-D) Labor representatives: elections

Authorizes agricultural employees to select collective bargaining representation through a specified "majority signup election" process, in addition to the existing representation election process provided for under current law.
Vetoed

SB 126 (Steinberg-D) Agricultural labor relations

Makes a number of changes to the Agricultural Labor Relations Act. Provides that if the Agricultural Labor Relations Board (ALRB) sets aside an election because of employer misconduct that (in addition to affecting the outcome of an election) would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the exclusive bargaining representative for the bargaining unit. Imposes time limits to certain ALRB proceedings. Shortens the time, under current law, for a request for mandatory mediation from 180 days to 90 days after an initial request to bargain. Provides that a party may also request mandatory mediation in the specified circumstances. Provides that the mandatory mediation proceedings of current law shall not be stayed on the grounds that a specified petition for review of an ALRB order related to unfair labor practice charges have been filed. Expands existing law related to judicial injunctions to provide that the court shall also consider the indirect effect upon protected rights of all agricultural employees of the employer in determining whether temporary relief is just and proper. Provides that when the alleged unfair labor practice is such that, by its nature, it would interfere with employee free choice, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred.
Chapter 697, Statutes of 2011

SB 136 (Yee-D) Labor: public contracts: prevailing wages

Provides that specified energy-related projects are public works projects and subject to applicable prevailing wage laws.
Chapter 698, Statutes of 2011

SB 272 (DeSaulnier-D) Leave of absence: organ donation

Clarifies existing law to assist employer compliance with a leave of absence for an organ or bone marrow donation.
Chapter 147, Statutes of 2011

SB 293 (Padilla-D) Payment bonds: laborers

Adjusts the rights and time periods governing payment and claims for payment between owners, contractors and subcontractors by speeding the time period for contractors to pay subcontractors, reducing the time by which a subcontractor may make claims for nonpayment against a contractor on a public works project, exempting laborers from preliminary notification requirements and any deadline to enforce a claim for private works of improvement, and prohibiting a public entity from retaining more than 5% of a contract price until final completion and acceptance of a project.
Chapter 700, Statutes of 2011

SB 299 (Evans-D) Employment: pregnancy or childbirth leave

Prohibits employers from refusing to maintain and pay for insurance coverage, as specified, for the duration of maternity leave up to four months, as specified. Authorizes employers to recover insurance premiums from the employee if the employee fails to return from maternity leave provided that the employee's failure to return from maternity leave is not due to leave taken under the Moore-Brown-Roberti Family Rights Act, for a health condition that entitles the employee leave, or for another circumstance beyond the control of the employee. Requires the collective bargaining agreements of state agencies govern maternity coverage.
Chapter 510, Statutes of 2011

SB 316 (Emmerson-R) Meal periods: exemption: transportation industry

Adds employees employed in the transportation industry, as defined, to the list of employees exempt from certain provisions, as specified.
(In Senate Labor and Industrial Relations Committee)

SB 319 (Wyland-R) Meal and rest periods: exceptions

Exempts an employer to provide meal and rest periods to an employee during work periods of specified duration if the employee is in the transportation industry whose work places him/her inside an armored car in shifts during a work day.
(In Senate Labor and Industrial Relations Committee)

SB 362 (Berryhill-R) Employment: apprenticeships

Removes the "needs-based" conditions for the creation of an apprenticeship program, and increases the amount of penalties a contractor or subcontractor is required to pay if he/she fails to employ the legally-required number of apprentices.
(Failed passage in Senate Labor and Industrial Relations Committee)

SB 367 (Dutton-R) Employment: working hours

Enacts the Small Business Workplace Flexibility Act of 2011 which permits an individual nonexempt employee -- employed by an employer with 25 or fewer employees -- to request an employee-selected flexible work schedule, as specified, and allows an employer to implement this schedule without any obligation to pay overtime compensation.
(Failed passage in Senate Labor and Industrial Relations Committee; reconsideration granted)

SB 378 (Dutton-R) Employment: alternative workweek schedules

Provides that an alternative workweek schedule adopted pursuant to certain provisions in existing law may include a regularly scheduled alternative workweek that authorizes work by the affected employees for more than 10 hours a day, as long as the employees are paid at the appropriate overtime rate set forth in those provisions. Provides a definition of "regularly scheduled." Exempts from those provisions employers with five or fewer employees, but permits such employers and their employees to voluntarily enter into a revocable written agreement setting forth an alternative workweek schedule that allows an employee to work up to 10 hours a day, 40 hours a week, without the payment of overtime wages, with the requirement to pay a prescribed rate of overtime pay for excess hours and days.
(In Senate Labor and Industrial Relations Committee)

SB 389* (Dutton-R) Employment: meal periods

Narrows protection for employees who are not provided a meal period and excludes impacted parties from pursuing unfair competition claims.
(In Senate Labor and Industrial Relations Committee)

SB 432 (De León-D) Workplace safety: lodging establishments: housekeeping

Requires the Occupational Safety and Health Standards Board, no later than 12/1/12, to adopt occupational safety and health standards for lodging establishment housekeeping that includes the use of a fitted bed sheet, instead of a flat sheet, and the use of long-handled tools in order to eliminate the need for housekeepers to work in a stooped, kneeled, or squatting position, as specified. Requires these provisions to be operative 9/1/13 with full compliance required no later than 12/31/15.
(In Assembly Appropriations Committee)

SB 438 (Cannella-R) Prevailing wages: public work

Provides that workers working in a yard, shop, or plant off the site of construction shall only be deemed to be employed upon public works if that yard, shop, or plant is specifically established for that public work project.
(In Senate Labor and Industrial Relations Committee)

SB 459 (Corbett-D) Employment: independent contractors

Enacts a number of provisions of law related to the classification (or misclassification) of individuals as independent contractors.
Chapter 706, Statutes of 2011

SB 559 (Padilla-D) Employment: discrimination: genetic information

Prohibits employment discrimination based on genetic information.
Chapter 261, Statutes of 2011

SB 575 (DeSaulnier-D) Employment: smoking in the workplace

Expands the prohibition on smoking in a place of employment to include an owner-operated business, and also eliminates most of the specified exemptions that permit smoking in certain work environments.
(In Assembly Governmental Organization Committee)

SB 581 (Liu-D) Apprenticeships: electricians

Specifies the kinds of nonelectrical tasks, as described, that may be validly performed by nonlicensed electrical apprentices working for a licensed electrical contractor.
(In Senate Labor and Industrial Relations Committee)

SB 725 (Berryhill-R) Labor: prevailing wages

Revises the manner in which the Director of Industrial Relations determines the rate of general prevailing wages, including deleting the requirement that he/she consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, and deleting the requirement that the Director consider further data from labor organizations and employers or employer associations and concerns where the rates do not constitute the rates actually paid in the locality. Also revises the methodology that the Director is required to use in determining the general prevailing rate of per diem wages in the locality in which the public work is to be performed, including deleting certain requirements, and requiring the Director to conduct a survey of the wages paid for work performed in each locality in which the public work is to be performed. Makes other technical changes.
(In Senate Labor and Industrial Relations Committee)

SB 727 (Berryhill-R) Labor: public works: prevailing wages

Specifies that workers must be employed directly at the site of the work to be deemed employed upon public work. Exempts from the prevailing wage requirements public projects of less than $100,000. Exempts from the prevailing wage requirements the governing board of a school district with regard to the construction, reconstruction, or rehabilitation of school facilities, any fabrication or prefabrication work done at a permanent offsite facilities of a contractor, a public work project of a local agency that adopts a resolution or ordinance, as specified, workers employed on a hospital seismic retrofitting project. Exempts from the definition of "public works," for purposes of the prevailing wage requirements, work performed during the design and preconstruction phases of construction, including inspection and land surveying work and deletes provisions of existing law specifying that "public works" includes the hauling of refuse from a public works site to an outside disposal location. Deletes from existing law exclusions from the requirements of public works and prevailing wage laws for work done on certain private development projects, affordable housing units for low- or moderate-income persons, privately-owned residential projects, qualified residential rental projects, single-family residential projects, and low-income housing projects.
(In Senate Labor and Industrial Relations Committee)

SB 829 (DeSaulnier-D) Division of Occupational Safety and Health

Revises various provisions of law related to the issuance and adjudication of citations for alleged violation of occupational safety and health laws.
(In Assembly Appropriations Committee)

SB 883 (Correa-D) Employers: good faith defense

Permits an employer to raise as an affirmative defense that (at the time of an alleged violation) the employer was acting in good faith and in compliance with, or reliance upon, an applicable employment statute or regulation.
(In Senate Labor and Industrial Relations Committee)

SB 912 (Lieu-D) Employment Development Department: wage reports

Authorizes the Department of Employment Development Department (EDD) to contract with a credit reporting agency to provide a creditor, employer, or permissible purpose entity, as defined, with secured electronic access to employer-provided quarterly wage reports if certain requirements are met. Requires that the EDD and any credit reporting agency, creditor, employer, or permissible purpose entity use this information only for specified purposes, and requires the safeguarding of any information received. Also requires termination of the contract, as provided, for any violation of these requirements, and authorizes the contract to provide for reimbursement to the EDD for any reasonable administrative costs incurred.
(In Senate Labor and Industrial Relations Committee)

SB 922 (Steinberg-D) Project labor agreements: public entities

Establishes parameters for the use of project labor agreements for publicly-funded construction projects.
Chapter 431, Statutes of 2011

SB 931 (Evans-D) Payroll cards

Authorizes employers to pay wages to their employees using payroll cards, subject to certain conditions, as specified.
Vetoed

AB 10 (Alejo-D) Minimum wage: annual adjustment

Increases the state's minimum wage from its current rate of $8.00 per hour to $8.50 per hour, as of 1/1/12 and provides for the automatic adjustment of the minimum wage each year by the percentage of inflation as measured by the California Consumer Price Index, beginning 1/1/13.
(In Assembly Appropriations Committee)

AB 22 (Mendoza-D) Employment: credit reports

Prohibits, except as specified, an employer or prospective employer from using a consumer credit report for employment purposes.
Chapter 724, Statutes of 2011

AB 51 (Yamada-D) Payroll cards

Explicitly allows employers to utilize payroll cards as a method of payment to employees, as specified.
(In Senate Banking and Financial Institutions Committee)

AB 59 (Swanson-D) Family and medical leave

Amends the California Family Rights Act by expanding permissible family and medical leave to cover care for an independent adult child, sibling, grandparent, grandchild, domestic partner, or parent-in-law with a serious health condition.
(In Assembly Appropriations Committee)

AB 132 (Logue-R) Car washes: regulations: civil penalties

Revises the civil penalty provisions for an employer engaged in the business of car washing and polishing that fails to register with the Division of Labor Standards Enforcement.
(In Assembly Labor and Employment Committee)

AB 196 (Carter-D) Employment: compensation

Authorizes an employer to deposit an employee's wages or advance on wages in an industrial bank or a trust company. Permits an employer to transfer an employee's wages or advance on wages to a card issued by a specified financial institution, if the employee voluntarily authorizes the transfer and the card can be used to access funds at an automated teller machine in California, provided the employee is entitled to at least one pay card transaction without charge per pay period. Refers to a savings association instead of a savings and loan association. Authorizes the employer to provide the accurate itemized statement electronically, provided that the electronic statement contains all required information and the employer provides the employee with electronic access in a confidential setting during normal business hours to print the statement.
(In Assembly Labor and Employment Committee)

AB 197 (Monning-D) Employment: recovery of wages: liquidated damages

Increases the amount of liquidated damages that may be awarded to an employee when an employer fails to pay minimum wage to two times the wages unlawfully unpaid, plus interest.
(On Assembly Inactive File)

AB 217 (Carter-D) Workplace smoking prohibition: health care facilities

Restricts smoking in long-term health care facilities by only allowing smoking in a designated patient smoking area that is outdoors, in an area that reasonably prevents smoke from entering the facility or patient rooms, and that is not located in a patient's room.
(In Senate Health Committee)

AB 240 (Bonilla-D) Employment: compensation recovery actions

Authorizes the Labor Commissioner to recover liquidated damages for an employee who brings a complaint alleging payment of less than the minimum wage.
Chapter 272, Statutes of 2011

AB 243 (Alejo-D) Labor contractors

Requires an employer who is a farm labor contractor (FLC) to disclose on the itemized payroll statement furnished to employees the name and address of the grower or other FLCs that secured the employer's services. Provides that the listing by the FLC of the name and address of the legal entity that secured the services of the employer on the itemized payroll statement shall not create any liability on the part of that legal entity.
Chapter 671, Statutes of 2011

AB 267 (Swanson-D) Employment contracts

Prohibits any choice of law clause, venue-selection clause, or forum-selection clause in binding employment materials that are imposed on an employee as a condition of employment in California.
Vetoed

AB 276 (Alejo-D) Agricultural labor relations

Specifies the time for filing a declaration by an agricultural employer or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. The declaration may be filed 180 days after any request to bargain.
(In Senate Rules Committee)

AB 311 (Cook-R) Employment: labor standards: consultation unit

Establishes in the Division of Labor Standards the Labor Standards Consultation Unit for the purpose of providing consulting services to an employer or employee regarding compliance with labor standards. States the intent of the Legislature that the Unit ultimately be self-supporting and, to further that end, authorizes the Unit to charge a requester a fee for consulting services provided, not to exceed the actual cost to the Unit, and to further fund its operation from grants obtained from for-profit or not-for-profit nongovernmental and governmental entities. Prohibits the Division from citing an employer for a violation of any labor standard, order, or regulation discovered as a result of an employer requesting or accepting services from the Unit pursuant to the bill, if the employer remedies the violation within 30 days, and the employer is not the subject of an ongoing investigation by the Division.
(In Assembly Labor and Employment Committee)

AB 325 (Bonnie Lowenthal-D) Employee's right to bereavement leave

Authorizes employees to take four days of unpaid time off in the event of the death of certain relatives.
Vetoed

AB 350 (Solorio-D) Displaced Janitor Opportunity Act

Renames the Displaced Janitor Opportunity Act as the Displaced Property Service Employee Opportunity Act and makes the provisions of the Act applicable to property services, which would consist of licensed security, window cleaning, food cafeteria and dietary services, janitorial services and building maintenance services, and excludes from the definitions of contractor and subcontractor specified types of food service providers.
(Failed passage on Senate Floor)

AB 356 (Hill-D) Public works projects: local hiring policies

Prohibits a local agency from mandating that any portion or percentage of work on a public works project be performed by local residents or persons who reside within particular geographic areas if any portion of that public works project will take place outside the geographic boundaries of the local agency and requires any increase in the cost of a state-funded public works project that is attributable to a policy of hiring only local residents be funded with local funds.
(On Assembly Inactive File)

AB 394 (Silva-R) Employment regulation: volunteers

Exempts an individual who renders services as a volunteer from those provisions. Defines the term "volunteer" for those purposes as an individual who, without promise or expectation of compensation, but solely for his/her personal purpose or pleasure, performs work for an organization that is exempt from taxation pursuant to a specified provision of federal law or for a resource conservation district formed pursuant to specified state statutory provisions.
(In Assembly Labor and Employment Committee)

AB 400 (Ma-D) Employment: paid sick days

Requires employees, who meet certain criteria, to be paid sick days, as specified.
(In Assembly Appropriations Committee)

AB 436 (Solorio-D) Labor compliance: public works

Makes changes to existing law related to a prevailing wage enforcement mechanism in order to address potential legal questions about the funding method of that process.
Chapter 378, Statutes of 2011

AB 469 (Swanson-D) Employees: wages

Makes a number of changes related to "theft" of wages, employee wage claims, and related provisions.
Chapter 655, Statutes of 2011

AB 508 (Swanson-D) Solid waste handling and recycling services

Extends bid preferences and termination protections found in public transit contract bidding to solid waste handling and recycling services contract bidding.
(In Senate Appropriations Committee)

AB 514 (Roger Hernández-D) Public works: prevailing wage: hauling refuse

Clarifies the definition of "hauling of refuse" for purposes of prevailing wage law.
Chapter 676, Statutes of 2011

AB 551 (Campos-D) Prevailing wage requirements: public contracts: violations

Increases the maximum penalty on contractors and subcontractors who fail to pay the prevailing wage from $50 to $200 a day and increases the minimum penalty (except in certain cases of a good faith mistake) from not less than $10 to not less than $40 a day for prevailing wage violations on a public work.
Chapter 677, Statutes of 2011

AB 552 (Morrell-R) Employment: minors

Defines, for purposes of minors, community entertainment to mean performing arts events, including dance, music, opera, and theater arts, produced by nonprofit organizations in which members of the community are invited to participate as nonprofessional members of the cast, crew, ensemble, troupe, staff, or production.
(In Assembly Labor and Employment Committee)

AB 553 (Monning-D) Employment safety: hazardous materials

Requires the Occupational Safety and Health Standards Board to adopt standards specifying permissible exposure limits for workplace hazardous substances, using existing quantitative risk assessments determined by state and federal agencies, as specified.
(In Assembly Appropriations Committee)

AB 587 (Gordon-D) Public works: volunteers

Extends a public works exemption for specified "volunteers" and other related individuals.
Chapter 219, Statutes of 2011

AB 592 (Lara-D) Employment: leave: interference, restraint, and denial

Prohibits employers from interfering, restraining or denying an employee's exercise or attempted exercise of their rights under the state's medical leave law and states that this is declarative of existing law.
Chapter 678, Statutes of 2011

AB 766 (Monning-D) Public works: payroll records

Requires nonredacted copies of certified payroll records to be provided upon request to any agency included in the Joint Enforcement Strike Force on the Underground Economy, and other specified agencies.
Chapter 481, Statutes of 2011

AB 830 (Olsen-R) Employment: flexible work schedules

Authorizes individual employees to request flexible work schedules, as specified.
(Failed passage in Assembly Labor and Employment Committee)

AB 848 (Campos-D) Apprenticeship programs

Requires programs receiving state apprenticeship funding through the California Department of Education or the California Community Colleges for building and trade programs to report specified outcome data annually.
(In Senate Appropriations Committee)

AB 860 (Jones-R) Labor unions: political contributions

Prohibits payroll deductions from being made if the money deducted will be used for political purposes. Prohibits corporations, labor unions, and government contractors from making campaign contributions in certain circumstances.
(In Assembly Elections and Redistricting Committee)

AB 887 (Atkins-D) Employment: gender: discrimination

Seeks to clarify the definition of gender in certain anti-discrimination laws to expressly include the terms "gender identity" and "gender expression" where only the term "gender" currently appears.
Chapter 719, Statutes of 2011

AB 889 (Ammiano-D) Domestic work employees

Regulates the wages, hours, and working conditions of domestic work employees; provides a private right of action for domestic work employees, including liquidated damages; and provides an overtime compensation rate for domestic work employees. Requires domestic work employers of persons engaged in household domestic service to provide employees with information regarding their wages either semimonthly or at the time of each wage payment, and removes an exclusion for domestic work employers to secure workers' compensation coverage for certain employees thereby requiring all employers to secure the payment of workers' compensation.
(In Senate Appropriations Committee)

AB 950 (John A. Pérez-D) Employment: drayage truck operators

Deems drayage truck operators to be statutory employees for employment purposes, as specified.
(On Assembly Inactive File)

AB 987 (Grove-R) Prevailing wages

Specifies that workers must be employed directly at the site of the work to be deemed employed upon public work. Exempts from the prevailing wage requirements public projects of less than $100,000. Exempts from the prevailing wage requirements the governing board of a school district with regard to the construction, reconstruction, or rehabilitation of school facilities, any fabrication or prefabrication work done at a permanent offsite facilities of a contractor, a public work project of a local agency that adopts a resolution or ordinance, as specified, workers employed on a hospital seismic retrofitting project. Exempts from the definition of "public works," for purposes of the prevailing wage requirements, work performed during the design and preconstruction phases of construction, including inspection and land surveying work and deletes provisions of existing law specifying that "public works" includes the hauling of refuse from a public works site to an outside disposal location. Deletes from existing law exclusions from the requirements of public works and prevailing wage laws for work done on certain private development projects, affordable housing units for low- or moderate-income persons, privately-owned residential projects, qualified residential rental projects, single-family residential projects, and low-income housing projects. Removes the requirement that public works financed under that act comply with the prevailing wage requirements. Deletes the 1/1/12, date upon which this provision is repealed thus extending this provision indefinitely. Imposes specified requirements on contracts of $100,000 or more of general contractors or specialty contractors with regard to the use of apprentices or journeymen on public works projects.
(In Assembly Labor and Employment Committee)

AB 988 (Grove-R) Prevailing wages

Revises the manner in which the Director of Industrial Relations determines the rate of general prevailing wages, including deleting the requirement that he/she consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, and deleting the requirement that the Director consider further data from labor organizations and employers or employer associations and concerns where the rates do not constitute the rates actually paid in the locality. Revises the methodology that the Director is required to use in determining the general prevailing rate of per diem wages in the locality in which the public work is to be performed, including deleting certain requirement, and requiring the director to conduct a survey of the wages paid for work performed in each locality in which the public work is to be performed. Requires the holiday rates to be paid on all specified holidays, and deletes the authorization that they be paid instead on those dates recognized in a collective bargaining agreement. Deletes the provision stating that awarding bodies are not required to specify holidays in the contract for public work. Deletes certain categories of employer payments from per diem wages for purposes of public works. Deletes requirements, for purposes of per diem wage payments, that the credit for employer payments be computed on an annualized basis where the employer seeks credit for payments that are higher for public works projects than for private construction by that employer, except as specified. Deletes the requirement that a representative of any craft, classification, or type of worker needed to execute public works contracts to file with the Department of Industrial Relations copies of collective bargaining agreements and all modifications and extensions affecting per diem wages or holidays. Makes related technical, nonsubstantive changes.
(In Assembly Labor and Employment Committee)

AB 1106 (Achadjian-R) Occupational safety and health

Allows any county, city, special district, public authority, public agency, or joint powers authority to apply for a refund of civil penalties assessed for violations of occupational safety and health laws if the conditions have been corrected.
(In Assembly Appropriations Committee)

AB 1136 (Swanson-D) Employment safety: health facilities

Establishes the Hospital Patient and Health Care Worker Injury Protection Act to require hospitals to adopt a safe patient handling policy.
Chapter 554, Statutes of 2011

AB 1160 (Hill-D) Public utility employees: whistleblowers

Requires the Public Utilities Commission to establish a comprehensive whistleblower protection program to protect public utility employees from management retaliation for bringing information to the commission or other public entities regarding unreported safety issues. Requires a public utility to file a completed report with the Commission within 30 days as to any final judgment, arbitration award, compromise, or settlement in excess of $50,000 in any civil action brought by an employee or former employee of the utility against the utility. Authorizes the Commission to limit this reporting requirement to those particular types of claims that the Commission determines are likely to involve claims of retaliation, or to exclude from the duty to report particular claims that the Commission determines are highly unlikely to involve claims of retaliation. Requires the Commission to develop and adopt a report form to be used by a public utility to comply with the reporting requirements. Requires civil penalties to be imposed for violation of the reporting requirements.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 1179 (Mansoor-R) Labor organizations: union dues: political activities

Enacts the California Voluntary Contributions Act to place limitations on expenditures for political activities made by labor organizations.
(In Assembly Labor and Employment Committee)

AB 1236 (Fong-D) Employment: electronic employment verification

Creates the Employment Acceleration Act of 2011 to enact provisions of law related to the use by employers of specified federal electronic employment verification systems.
Chapter 691, Statutes of 2011

AB 1286 (Fuentes-D) Wage disputes: waiver of claims

Provides that unless approval of a settlement or compromise relating to a claim for earned wages is being sought pursuant to the California Rules of Court, an employee's waiver or release of such a wage claim that is based on a provision of the Labor Code or an order of the Industrial Welfare Commission, or is derivative of such a claim, and is covered by a pending certified or uncertified class action or representative action, shall not be valid or enforceable if that employee is a class member or a putative class member in a pending certified or uncertified class action or is represented or potentially represented in a representative action.
(In Assembly Labor and Employment Committee)

AB 1313 (Allen-D) Enforcement: overtime wages: agricultural workers

Removes the exemption for agricultural employees and creates a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.
(On Senate Inactive File)

AB 1346 (Atkins-D) Certification of electricians

Requires applicants for electrician certification to submit an application for certification and examination that includes an employment history report from the Social Security Administration.
Chapter 693, Statutes of 2011

AB 1364 (Campos-D) Employment: licensed talent agencies: representation

Prohibits any talent agency licensee to refuse to represent any artist because of that artist's sex, race, color, religion, ancestry, national origin, disability, marital status, or sexual orientation.
(In Senate Labor and Industrial Relations Committee)

AB 1388 (Wieckowski-D) Earnings withholding orders

Strikes the "for common necessaries of life" in an earnings withholding order exception, thus providing that wages cannot be levied for debt incurred for the common necessaries of life if those wages are necessary for the support of the debtor or his/her family, and also codifies an exception for debt incurred pursuant to an order or award for the payment of attorney's fees under specified Family Code sections, and makes a related clarifying change.
Chapter 694, Statutes of 2011

AB 1393 (Perea-D) Employment: Franchise Tax Board

Allows a local agency or public entity that issues a permit for an on-location motion picture to inform the Department of Industrial Relations and the Division of Labor Standards Enforcement, upon request, whether a child or children will be employed at a particular film production location. Requires that the information released can only be used only for purposes of enforcing labor law employment of minors and may not be used for any other purpose. Clarifies that this law does not create a duty for a local agency or public entity that issues a permit for on-location motion picture, television, or commercial production to seek, obtain, or maintain information regarding whether a child or children will be employed at a particular production location.
(In Senate Rules Committee)

AB 1396 (Assembly Labor And Employment Committee) Employment contract requirements

Requires that all employers provide a written contract to employees who are paid commission.
Chapter 556, Statutes of 2011

AB 1397 (Swanson-D) Employment: working hours

Makes a nonsubstantive change to that provision which allow an employee driver of a charter-party carrier licensed by the Public Utilities Commission to take an on-duty meal period if specified conditions are met.
(In Assembly Labor and Employment Committee)

AB 1398 (Chesbro-D) Employment of minors: agricultural packing plants

Extends the sunset date on an exemption for the employment of minors in Lake County agricultural packing plants.
Chapter 489, Statutes of 2011

AB 1399 (Assembly Labor And Employment Committee) Employment records: right to inspect

Amends provisions of existing law related to an employee's right to inspect or copy personnel records.
(In Assembly Appropriations Committee)

AB 1401 (Assembly Arts, Entertainment, Sports, Tourism, And Internet Media Committee) Employment: minors

Establishes a program to be administered by the Labor Commissioner (LC) that would enable a minor's parent or guardian to obtain a temporary permit for the employment of a minor, under specified conditions. Authorizes the LC to collect and deposit money into the Entertainment Work Permit (EWP) Fund, which the bill creates, and upon appropriation by the Legislature, to expend the proceeds from this Fund to pay the costs of administrating the temporary minor's EWP program. Authorizes the LC, on a one-time basis, to borrow and repay up to $250,000 from the Labor Enforcement and Compliance Fund to the EWP Fund to pay for startup costs incurred in the creation of the program.
Chapter 557, Statutes of 2011

ACR 44 (Allen-D) Workers Memorial Day

Resolves that Members of the Legislature rededicate themselves to improving safety and health in every California workplace, and recognizes 4/28/11 as Workers Memorial Day.
(In Senate Rules Committee)

HR 11 (Ammiano-D) International Domestic Workers' Day

Recognizes March 30 as International Domestic Workers' Day in this state to celebrate the contribution of domestic workers to California and to support the international movement to recognize and respect the work of domestic workers.
Adopted by the Assembly

Workers' Compensation

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SB 127 (Emmerson-R) Workers' Compensation: physician services

Requires the Administrative Director of the Division of Workers' Compensation to annually adopt the Current Procedural Terminology codes, descriptors, and modifiers published by the American Medical Association.
Vetoed

SB 351 (La Malfa-R) Workers' compensation: fatal accidents

Prohibits the Department of Industrial Relations from seeking payment of an amount owed pursuant to this provision by obtaining a lien on writ of execution relating to a judgment obtained by a member of the immediate family of the deceased employee, unless the member of the immediate family is the employer for whom the deceased employee was working at the time of the fatal injury.
(In Senate Labor and Industrial Relations Committee)

SB 407 (Cannella-R) Workers' compensation: jail inmates

Creates certain limitations for inmates of a county, city, or city and county for prisoners entitled to workers' compensation benefits for an injury arising during the course of assigned employment subject.
(In Senate Labor and Industrial Relations Committee)

SB 457 (Calderon-D) Workers' compensation: liens

Requires the Workers' Compensation Appeals Board to determine, on the basis of liens filed, reimbursement for benefits paid or services provided by a self-insured employee welfare benefit plan, notwithstanding the Official Medical Fee Schedule, when an award is made for reimbursement for self-procured medical costs for the effects of an injury or illness arising out of and in the course of employment. States that its provisions do not modify in any way the rights of any health care provider to file and prosecute a lien.
Chapter 564, Statutes of 2011

SB 684 (Corbett-D) Workers' compensation insurance

Requires an insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers' compensation insurance policy or endorsement issued to a California employer, as defined, to disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. Requires that the employer sign the disclosure, as evidence of receipt, when the employer accepts the offer of coverage. Authorizes the dispute resolution or arbitration agreement to be negotiated before any dispute arises. These provisions will apply to workers' compensation policies issued or renewed on or after7/1/12.
Chapter 566, Statutes of 2011

SB 712 (Senate Insurance Committee) Workers compensation: insurance

Extends, from 1/1/13 to 1/1/23, the time for bonds to be issued on behalf of the California Insurance Guarantee Association to pay the claims of insolvent workers' compensation insurers.
Chapter 426, Statutes of 2011

SB 826 (Leno-D) Workers' compensation: data reporting requirement

Establishes penalties for the failure of an employer to report claim information to the Workers' Compensation Information System.
Chapter 568, Statutes of 2011

SB 863 (Lieu-D) Workers' compensation: liens

Adopts reforms to the lien procedures in the workers' compensation system.
(On Assembly Inactive File)

SB 896 (De León-D) Workers' compensation: spinal surgeries

Requires that specified spinal surgeries be reimbursed to the performing hospital at the rate of 1.8 times the applicable Diagnostic Related Groups rate, with no separate reimbursement for any implantable devices, hardware, or instrumentation in accordance with the prescribed formula, but, unless the case qualifies for outlier reimbursement, caps the total payment to the provider at two times the applicable rate.
(In Senate Labor and Industrial Relations Committee)

SB 923 (De León-D) Workers' compensation: official medical fee schedule

Requires the Administrative Director of the Division of Workers' Compensation to adopt a resource-based relative value scale for physician services.
(On Assembly Floor)

AB 211 (Cedillo-D) Workers' compensation: permanent disability benefits

Provides, for injuries that cause permanent partial disability and occur on or after 1/1/12, for a supplemental job displacement benefit in the form of a voucher for up to $6,000 to cover various reeducation and skill enhancement expenses which would expire two years after the date the voucher is furnished to the employee or five years after the date of injury, whichever is later. Exempts employers who make an offer of reemployment or continued employment from providing vouchers. Requires the Administrative Director of the Division of Workers' Compensation within the Department of Industrial Relations to adopt regulations implementing the program.
Vetoed

AB 228 (Fuentes-D) State Compensation Insurance Fund: out-of-state risks

Authorizes the State Compensation Insurance Fund to provide workers' compensation coverage for employees working out of state if the employer has its principal place of business in California and the majority of its operations and employees are in California.
Chapter 670, Statutes of 2011

AB 335 (Solorio-D) Workers' compensation: notices

Requires the Administrative Director of the Division of Workers' Compensation to adopt, by regulation, new notices and rules governing notices that are provided to employees in the workers' compensation system.
Chapter 544, Statutes of 2011

AB 375 (Skinner-D) Workers' compensation: hospital employees: presumption

Provides, with respect to hospital employees who provide direct patient care in an acute care hospital, that the term "injury" include a blood borne infectious disease or methicillin-resistant Staphylococcus aureus that develops or manifests itself during the period of the person's employment with the hospital. Further, creates a disputable presumption that the above injury arises out of and in the course of the person's employment if it develops or manifests, as specified.
(Failed Passage on Senate Floor)

AB 378 (Solorio-D) Workers' compensation: pharmacy products

Regulates the dispensing of compounded medications and other pharmacy goods in the workers' compensation system.
Chapter 545, Statutes of 2011

AB 397 (Monning-D) Workers' compensation insurance: contractors

Requires a licensed contractor with an exemption for workers' compensation insurance to recertify the exemption upon license renewal or provide proof of workers' compensation insurance coverage.
Chapter 546, Statutes of 2011

AB 584 (Fong-D) Workers' compensation: utilization review

Requires psychologists, for purposes of workers' compensation, to be licensed by California law. Requires physicians who authorize medical treatment, for purposes of workers' compensation utilization review, to be licensed by California law. Revises the Unemployment Insurance Code in order to provide that medical eligibility for state disability insurance benefits administered by the Employment Development Department may also be supported by a certificate of a health professional.
Vetoed

AB 585 (Fong-D) Workers' compensation: cancer presumption

Provides that certain workers who serve as firefighters at facilities of the National Aeronautics and Space Administration shall receive the benefit that other firefighters have that establishes a rebuttable presumption that cancer was contracted on the job.
Chapter 550, Statutes of 2011

AB 878 (Bill Berryhill-R) Workers' compensation insurance: contractors

Requires a workers' compensation insurer to report to the Contractors State License Board a licensed contractor whose insurance policy it cancels, as specified.
Chapter 686, Statutes of 2011

AB 947 (Solorio-D) Workers' compensation: temporary disability payments

Adds certain surgical cases to the list of conditions that are exceptions to the 104-week cap on temporary disability benefits, thereby allowing up to 240 weeks of temporary disability benefits.
Vetoed

AB 974 (Portantino-D) Workers' compensation insurance: rates

Provides that workers' compensation insurance rates may not include a price differential for policies sold through brokers as opposed to direct sales by the insurer.
(In Assembly Insurance Committee)

AB 1155 (Alejo-D) Workers' compensation

States the intent of the Legislature to prohibit the use of risk factors and specified characteristics to deny an injured worker his/her rightful benefit when disabled in the workplace. Specifies that the approximate percentage of a permanent disability of an injured employee caused by other factors not directly arising out of the industrial injury of the employee shall not include consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics, in the determination of worker's compensation benefit.
Vetoed

AB 1168 (Pan-D) Workers' compensation: vocational expert fee schedule

Requires the Administrative Director of the Division of Workers' Compensation to adopt a fee schedule for services and testimony by vocational experts in the workers' compensation system.
Chapter 555, Statutes of 2011

AB 1263 (Williams-D) State Compensation Insurance Fund

Extends current post-employment lobbying restrictions for State Compensation Insurance Fund board members and exempts employees from one year to two years and requires board approval of consulting contracts with former board members of exempt employees.
Chapter 53, Statutes of 2011

AB 1363 (Alejo-D) Workers' compensation insurance

Subjects the Workers' Compensation Insurance Rating Bureau to the open meetings and public records laws that govern public entities in California.
(In Assembly Appropriations Committee)

AB 1426* (Solorio-D) Workers' compensation: court administrator

Removes the position of court administrator and distributes the duties to the Workers' Compensation Appeals Board and the Administrative Director of the Division of Workers' Compensation, as specified. Makes other technical and conforming changes.
Chapter 559, Statutes of 2011

AB 1427 (Assembly Insurance Committee) Worker's compensation insurance: fraud

Repeals an obsolete requirement of the Bureau of State Audits to submit a report on workers' compensation, and replaces a rarely used word in the Insurance Code with a commonly used word.
(In Senate Insurance Committee)

AJR 12 (Solorio-D) Workers' compensation: Medicare

Makes specified legislative findings and declarations regarding H.R. 1063, (the federal Medicare Secondary Payer Enhancement Act of 2011) and requests that the Congress and the President of the United States enact the measure.
Resolution Chapter 69, Statutes of 2011

Unemployment Insurance

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AB 36* (Perea-D) Unemployment insurance laws

Conforms to federal changes under the unemployment insurance law.
Chapter 17, Statutes of 2011

AB 55 (Gatto-D) Unemployment compensation: employer: motion picture industry

Removes the 1/1/12 sunset date on the law that allows a motion picture payroll services company to serve as the employer of motion picture production workers for purposes of payroll tax reporting and employee benefits pursuant to the unemployment insurance and state disability insurance programs.
Chapter 160, Statues of 2011

AB 112 (Assembly Budget Committee) Unemployment insurance funding

Amends the 2010-11 Budget Act to appropriate $48 million of $840 million in federal American Recovery and Reinvestment Act stimulus funds to cover the Employment Development Department's administration costs for the Alternate Base Period program for three fiscal years, beginning in 2012-13 and through 2014-15.
Chapter 30, Statutes of 2011

AB 226 (Solorio-D) Unemployment insurance: reporting requirements

Requires that the Employment Development Department, whenever the Unemployment Fund indicates a negative balance, include in its status report the estimated impact on employers from changes in federal tax credits and the estimated amount the state is expected to pay in interest charges on any outstanding loan to the federal government.
(On Senate Inactive File)

AB 274 (Garrick-R) Unemployment insurance benefits: claims: right to respond

Requires that employers be notified of the circumstances that establish "good cause" under which an employer may get an extension from the Director (from the current 10 day period) to submit information to the Employment Development Department regarding a claim for unemployment insurance benefits.
Vetoed

AB 500 (Solorio-D) Unemployment Insurance Code: penalties

Deletes the requirement that the forfeiture of, and ineligibility for, unemployment insurance benefits for certain time periods for any individual convicted in a court of competent jurisdiction of willfully making a false statement or knowingly failing to disclose a material fact to obtain or increase any benefit or payment in violation of specified provisions of state law and, instead, requires that the conviction be in a court of competent jurisdiction of this state, any other state, or the federal government. Makes various changes regarding the penalties for violations of the unemployment insurance law, the law requiring the withholding of state income tax on wages, and the Unemployment Insurance Code, including increasing specified civil penalties, making certain violations a felony rather than a misdemeanor, and increasing the maximum imprisonment for various violations.
(In Assembly Insurance Committee)

AB 804 (Yamada-D) Unemployment disability insurance: family leave

Extends eligibility for the state's family leave act temporary disability insurance benefits to grandparents, grandchildren, siblings or parents-in-law.
(In Assembly Appropriations Committee)

AB 1307 (Skinner-D) Unemployment insurance tax information

Provides that information collected by the Employment Development Department pursuant to Unemployment Insurance Code Section 1088.5 may be provided to the Franchise Tax Board for tax enforcement purposes.
Chapter 734, Statutes of 2011

Financial Institutions

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SB 2* (Calderon-D) Mortgage loans

Extends, until 1/1/15, current prohibitions against any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform residential mortgage loan modifications or forbearance for a fee paid by the borrower, from demanding or receiving any preperformance compensation, requiring collateral to secure final payment, or taking power of attorney from the borrower for persons who facilitate or attempt to facilitate mortgage loan modifications or forbearance. Extends these prohibitions to persons who for a fee negotiate, attempt to negotiate, arrange, attempt to arrange, facilitate, attempt to facilitate, or otherwise offer to accomplish the sale of a residential dwelling for less than the remaining amount of indebtedness due to a mortgagor, mortgagors, trustor, or trustors at the time of sale. Makes conforming changes to the 14-point bold type statement that is required to be provided to a borrower, as specified.
(In Senate Banking and Financial Institutions Committee)

SB 4 (Calderon-D) Mortgages

Requires, on and after 4/1/12, that a notice of non-judicial foreclosure sale contain (1) language notifying potential bidders of specified risks involved in bidding on the property, and (2) a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. Additionally requires a trustee handling the foreclosure to make a good faith effort to provide up-to-date information regarding sale dates and postponements, as specified.
Chapter 229, Statutes of 2011

SB 365 (Lowenthal-D) Deferred deposit transactions

States the intent of the Legislature to enact legislation authorizing the Commissioner of Corporations to contract with a third party to implement a deferred deposit transaction database (payday loan database), as specified, and makes it a violation of the California Deferred Deposit Transaction Law (Payday Loan Law) for a licensee to extend a payday loan to a borrower who already has a payday loan outstanding.
(In Senate Banking and Financial Institutions Committee)

SB 412 (Vargas-D) Mortgages: deficiency judgments

Deletes provisions in current law regarding written consent of the holder of the deed of trust or mortgage obligating the holder to accept the sale proceeds as full payment. Prohibits a deficiency judgment upon a note secured solely by a deed of trust or mortgage for a dwelling of not more than four units in any case in which the trustor or mortgagor sells the dwelling for a sale price less than the remaining amount of the indebtedness outstanding at the time of sale, in accordance with the written consent of the holder of the deed of trust or mortgage if the title has been voluntarily transferred to a buyer by grant deed or by other document that has been recorded and the proceeds of the sale are tendered as agreed.
(In Senate Judiciary Committee)

SB 435 (Harman-R) Mortgages and deeds of trust

Permits the notice of default to reference the authorized agent of the beneficiary or mortgagee on the notice. Permits sales of property pursuant to a power of sale in a mortgage or deed of trust to be postponed for any period of time not to exceed one year from the date set forth in the notice of sale.
(In Senate Judiciary Committee)

SB 447 (DeSaulnier-D) Financial institutions: disclosures

Defines financial institution as a depository institution, a commercial bank or trust company, an agency branch of a foreign bank in the United States, a credit union, a thrift institution, a broker or dealer registered with the Securities and Exchange Commission, a broker or dealer in securities or commodities, an investment bank or investment company, or an industrial bank. Exempts financial institutions with assets of less than $10 billion from the requirement to submit information to California Research Bureau (CRB). Requires financial institutions subject to the provisions of the bill to submit specified information to CRB on an annual basis.
(In Senate Banking and Financial Institutions Committee)

SB 458* (Corbett-D) Mortgages: deficiency judgments

Expands anti-deficiency protection for all residential mortgages or deeds of trust, provided that the holder of the mortgage or deed of trust consents to the short sale.
Chapter 82, Statutes of 2011

SB 586 (Pavley-D) Banks and credit unions: signature stamps

Imposes a series of restrictions on the issuance of signature stamps by state-chartered banks and credit unions. Increases the fines for various financial crimes against dependent adults. Double-jointed with AB 109 (Assembly Budget Committee), Chapter 15, Statutes of 2011 and AB 332 (Butler-D), Chapter 366, Statutes of 2011.
Vetoed

SB 664 (Senate Banking And Financial Institutions Committee) Financial institutions

Renumbers sections of the Financial Code to reflect recent Financial Code reorganization and makes certain conforming changes to the federal Dodd-Frank Wall Street Reform and Consumer Protection Act.
Chapter 243, Statutes of 2011

SB 696 (Lieu-D) California Financial Literacy Initiative

Establishes the California Financial Literacy Initiative in the State Controller's Office for the purpose of providing resources and instruction to Californians to improve financial literacy. The Initiative will be administered by the State Controller. Requires the State Controller, beginning in 2012, to report to specified committees of the Legislature annually on or before August 30 on the implementation of the Initiative, as specified.
(In Senate Banking and Financial Institutions Committee)

SB 708 (Corbett-D) Debt Settlement Consumer Protection Act

Enacts the Debt Settlement Consumer Protection Act for the purpose of licensing debt settlement service providers, prohibits, beginning 1/1/14, acting as a debt settlement provider unless the provider is licensed by the Department of Corporations, as specified, and provides specific requirements that a provider must comply with in offering debt settlement services, including the preparation of an individualized financial analysis, and a good faith estimate on the length of time it will take to complete the program, prior to entering into an agreement with a consumer.
(In Senate Rules Committee)

SB 729 (Leno-D) Mortgages and deeds of trust: foreclosure

Requires, until 1/1/14, servicers to complete additional foreclosure avoidance actions, as specified, before recording a notice of default (NOD), and record a new document, called a declaration of compliance, as an attachment to every NOD. Establishes specific penalties to be applied to servicers who fail to comply with the provisions of the bill.
(Failed passage in Senate Banking and Financial Institutions Committee)

AB 38 (Bradford-D) Banking: underserved communities

Directs the Department of Financial Institutions to work with local agencies to compile a list of underserved communities or regions that lack a concentration of depository institutions and financial services, as specified.
Vetoed

AB 406 (Davis-D) Adjustable rate mortgages: balloon payments

Prohibits the inclusion of a balloon payment in an adjustable rate residential mortgage loan.
(In Assembly Banking and Finance Committee)

AB 407 (Davis-D) Mortgages: prepayment penalties

Prohibits the imposition of prepayment charges with respect to loans secured by a mortgage or deed of trust on real property improved with one to four dwelling units.
(In Assembly Banking and Finance Committee)

AB 597 (Eng-D) California Financial Literacy Fund

Establishes the California Financial Literacy Fund, to be administered by the State Controller's Office, which will enable partnerships with the financial services community and governmental and nongovernmental stakeholders for the purpose of improving the financial literacy of Californians.
Chapter 612, Statutes of 2011

AB 643 (Davis-D) Mortgages: counseling

Requires a mortgage broker to provide a borrower pre-purchase mortgage debt counseling that explains what a prudent debt-to-income ratio would be for the borrower taking into account the borrower's income and credit rating.
(In Assembly Banking and Finance Committee)

AB 656 (Huber-D) Committees and commissions: repeal

Abolishes the Credit Union Advisory Committee and the Boating and Waterways Commission on 1/1/14, pending review by the Joint Legislative Sunset Review Committee.
Vetoed

AB 793 (Eng-D) Reverse mortgages: insurance producers

Prohibits an insurance broker or agent from participating in or employing any party that participates in the origination of a reverse mortgage, except as specified.
Chapter 223, Statutes of 2011

AB 935 (Blumenfield-D) Foreclosures: foreclosure mitigation charges

Prohibits a notice of trustee's sale from being accepted for filing with a county recorder until the mortgage servicer pays a foreclosure mitigation charge of 5% of the price for which the house was last sold, a charge not to exceed $20,000.
(In Assembly Banking and Finance Committee)

AB 986 (Eng-D) Finance lenders

Specifies that the report summarizing the utilization of the Pilot Program for Affordable Credit-Building Opportunities by the Commissioner of Corporations, on or before 1/1/14, is required to be submitted to the Senate Banking and Financial Institutions Committee and the Assembly Banking and Finance Committee.
(In Assembly Banking and Finance Committee)

AB 1076 (Achadjian-R) Credit unions

Amends the circumstances under which a credit union can enter into an obligation with a director, officer, or member of the supervisory committee of the credit committee of that credit union.
Chapter 326, Statutes of 2011

AB 1080 (Charles Calderon-D) Internet transactions

Provides that a business that provides banking and other financial services and allows for the movement of funds under the ownership and control of a person or business over the internet to collect and report, on an annual basis, the following information: (1) the number of instances in which an unauthorized transfer of funds occurred over the Internet, and (2) the total sum of unauthorized funds transferred over the Internet. Specifies the collection of the statistics is limited to customers affected in California. Requires the bank or financial institution to post the report on their Internet Web site.
(In Assembly Judiciary Committee)

AB 1158 (Charles Calderon-D) Deferred deposit transactions

Increases the maximum face value of a check used to obtain a payday loan from $300 to $500 (which has the effect of increasing the maximum payday loan amount from $255 to $425, assuming a payday lender charges the maximum allowable fee).
(In Senate Judiciary Committee)

AB 1321 (Wieckowski-D) Mortgages and deeds of trust: recordation

Requires that assignments of a mortgage or deed of trust must be recorded within 30 days of execution and provides that a notice of default shall not be filed until 45 days after the relevant mortgage, deed, or assignment has been recorded.
(In Assembly Judiciary Committee)

Miscellaneous

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SB 53 (Calderon-D) Real estate licensees

Makes several changes to California's Real Estate Law, to give the Department of Real Estate more enforcement tools with which to crack down against mortgage fraud and other real estate violations, adds safeguards to protect consumers who seek out services from real estate licensees, and makes technical changes, intended to clean up certain portions of the Real Estate Law.
Chapter 717, Statute of 2011

SB 101 (Corbett-D) Athlete agents: conflicts of interest

Updates provisions in the Miller-Ayala Athlete Agents Act to address potential conflicts of interest related to agencies servicing professional athletic teams and leagues in situations where they are not related to the employment of athletes an agency may also represent.
Chapter 63, Statutes of 2011

SB 108 (Rubio-D) Surface mining: idle mines

Amends the definition of an idle mine by taking a snapshot of a five-year period, rather than the life of the mine, to determine if production has been curtailed to the point where the interim management plan (IMP) requirements should apply. Allows a mining operation that became idle and that failed to get an approved IMP, and was thus considered abandoned prior to 1/1/13, to be returned to idle status if an IMP is approved by 7/1/13 and various requirements, as specified, are met.
Chapter 491, Statutes of 2011

SB 111 (Yee-D) Businesses: civil rights: language restrictions

Makes it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that limits or prohibits the use of any language in a business establishment, unless the language is justified by a business necessity and notification has been provided of the circumstances and the time when the language restriction is required to be observed.
Vetoed

SB 156 (Emmerson-R) Professional sports teams and facilities

Requires a professional sports team that will benefit from the issuance and sale of bonds by a public agency, to post a bond or other undertaking at the time of issuance of the bonds, in an amount adequate to ensure that all of the team's obligations under a financial agreement will be satisfied, in the event the professional sports team subsequently relocates. Provides that the sale by a public agency of a specified type of revenue bond affecting sports facilities may not proceed until the California Debt and Investment Advisory Commission has assessed and reported to the public agency on the future financial risk imposed on the taxpayers by the sale.
(In Senate Rules Committee)

SB 190 (Lowenthal-D) Mechanics liens

Updates several cross-references and makes technical corrections to various new mechanics liens provisions enacted in SB 189 (Lowenthal-D), Chapter 697, Statutes of 2010, which overhauled the mechanics lien law. Clarifies circumstances under which a mechanic's lien could be invalidated, and contains a delayed operative date of 7/1/12.
Chapter 44, Statutes of 2011

SB 201 (DeSaulnier-D) Flexible purpose corporations

Authorizes the creation of a new corporate form called a flexible purpose corporation, and provides for all of the rules that must be followed by these types of entities and by other types of entities wishing to become flexible purpose corporations.
Chapter 740, Statutes of 2011

SB 212 (De León-D) Pawnbrokers

Authorizes a pledgor and pawnbroker to agree to a replacement loan before title to pledged property has transferred, establishes that a replacement loan is a new loan subject to specified fees, and authorizes the payment of charges and fees for a loan that is being replaced to be made in person or through mail or wire transfer. Provides that the signature of the pledgor is not required for these replacement loans if the pledgor remits payment of fees and charges due under the loan contract being replaced by mail or proxy and certain other conditions are satisfied. Requires the signature of the pledgor and the pledgor's physical presence for a replacement loan that is greater that the principal amount of the loan being replaced or if the terms of the replacement loan are different than the terms of the loan being replaced. Requires a pawnbroker to return a pledgor's proposed payment in the same manner it was provided to the pawnbroker if the pawnbroker rejects the payment made by mail or other method.
(In Senate Banking and Financial Institutions Committee)

SB 238 (De León-D) Athlete agents

Increases penalties for a violation of the Miller-Ayala Athlete Agents Act, which regulates interactions between athlete agents and college and professional athletes. Requires an agent to relinquish all consideration received in the violation, and specifies the distribution of relinquished monies.
Chapter 146, Statutes of 2011

SB 278 (Gaines-R) Ski resorts: public safety

Requires ski resorts to prepare an annual safety plan and make it available to the public the same day a request is received at the resort. Requires a monthly report with specified details about any fatal incidents at the resort which resulted from a recreational activity to be available within 30 days at the resort, and requires a ski resort to establish a signage policy and a safety padding policy.
Vetoed

SB 279 (Emmerson-R) Business: self-service storage facilities

Requires that lien sales, relative to property in a self-storage facility, be advertised in a newspaper of general circulation in the judicial district where the sale is to be held.
Chapter 65, Statutes of 2011

SB 306* (De León-D) Accountancy

Reinstates a five-day safe harbor period that has expired, to allow a temporary California practice privilege for certified public accountants licensed in other states.
Chapter 445, Statutes of 2011

SB 323 (Vargas-D) California Revised Uniform Limited Liability Company Act

Enacts the California Revised Uniform Limited Liability Company Act which would recast provisions governing the formation and operation of limited liability companies. Authorizes an operating agreement to be in a record or implied, in addition to being in writing or oral, and authorizes a combination of those forms. Renames the term that refers to the document members are required to file with the Secretary of State as a certificate of organization. Provides for a new, low-profit limited liability company that would be authorized to be formed and operated to accomplish charitable purposes, as specified.
(In Senate Judiciary Committee)

SB 331 (Padilla-D) Retail tobacco licenses

Requires the Board of Equalization to deny a new tobacco retailer permit, if the retailer is located within 600 feet of a public or private elementary or secondary school. This prohibition would not be applicable for retail locations that seek to renew or transfer a license for a retail location within 600 feet of any school.
(In Senate Governance and Finance Committee)

SB 376 (Fuller-R) Real estate brokers

Revises the definition of "real estate broker" to allow brokers to make, arrange, or service chattel mobilehome loans under their Department of Real Estate license, without having to secure an additional finance lender or broker license from the Department of Corporations.
(On Assembly Inactive File)

SB 424 (Rubio-D) Mechanics liens: design professionals

Gives design professionals providing services for private works of improvement the ability to convert a design professional's lien into a mechanics lien, as specified. Becomes operative on 7/1/12.
Chapter 127, Statutes of 2011

SB 474 (Evans-D) Commercial construction contracts: indemnity

Regulates indemnification agreements in specified private commercial and public works construction contracts. Prohibits construction contracts requiring indemnity, insurance, or defense obligations by a subcontractor for the active negligence or willful misconduct of a general contractor, his/her agents, or other subcontractors, as specified.
Chapter 707, Statutes of 2011

SB 541* (Price-D) Regulatory boards: expert consultants

Authorizes the boards and bureaus within the Department of Consumer Affairs, as well as the Board of Chiropractic Examiners, and the Osteopathic Medical Board to continue to utilize expert consultants, as done in the past, without having to go through the formal contracting process.
Chapter 339, Statutes of 2011

SB 543 (Steinberg-D) Business and professions: regulatory boards

Extends the sunset date of a number of boards, committees and commissions within the Department of Consumer Affairs and makes programmatic and administrative changes to some of these entities.
Chapter 448, Statutes of 2011

SB 550 (Padilla-D) Business: manufactured optical discs

Authorizes law enforcement officials to inspect commercial optical disc manufacturing facilities to ensure compliance with existing laws requiring certain identifying marks on each disc, and increases the fines for individuals who violate provisions regulating manufactured optical discs.
Chapter 421, Statutes of 2011

SB 568 (Lowenthal-D) Food vendors: polystyrene food containers

Prohibits a food vendor from dispensing prepared food to a customer in a polystyrene foam food container after 1/1/16, (7/1/17, for school districts) unless the local government or school district adopts a recycling program that can recycle at least 60% of its polystyrene foam food containers.
(On Assembly Inactive File)

SB 642 (Padilla-D) Vehicles: manufacturers and distributors

Provides, among other things, that motor vehicles manufacturers, distributors, and their affiliates are prohibited from (1) obtaining or enforcing an agreement that modifies or disclaims a duty of the manufacturer or a right of the dealer, limits the right of a dealer to file evidence with the New Motor Vehicle Board, provides for termination of a franchise by a dealer, or requires a controversy to be referred to a person for a binding determination; (2) unfairly discriminating in favor of a dealership owned by a manufacturer or distributor by allowing that dealership to receive sales or service incentives, discounts, or promotional programs that are not available to all franchises on an equivalent basis; and (3) unfairly discriminating against a franchisee selling a service contract, debt cancellation agreement, or similar product not approved by the manufacturer or distributor, as specified.
Chapter 342, Statutes of 2011

SB 655 (Steinberg-D) Retailer engaged in business in this state

Defines a retailer engaged in business in this state as a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty.
(In Senate Governance and Finance Committee)

SB 658 (Negrete McLeod-D) Licensed funeral establishments: price list: posting

Requires funeral establishments that maintain an Internet Web site to make their general price list available on its Web site, as specified, by 1/1/13.
Chapter 386, Statutes of 2011

SB 692* (Walters-R) Professional engineers

Prohibits the practice of agricultural, chemical, control system, fire protection, industrial, metallurgical, nuclear, petroleum, and traffic engineering, as defined, by any person who has not passed a specified examination and who is not appropriately licensed by the board in the particular discipline. Authorizes any licensed engineer to practice engineering work in any of those fields in which he/she is competent and proficient.
(In Senate Rules Committee)

SB 702 (Lieu-D) Dog licensing: microchip implants

Requires an owner of an animal that is adopted or impounded and claimed by the owner from a local animal shelter to implant an identifying microchip in the animal upon release, if a microchip is available. States that if a microchip is not available for implantation, the owner must do so within 30 days of release of their animal from the shelter.
Vetoed

SB 746 (Lieu-D) Tanning facilities

Prohibits the use of ultraviolet tanning devices by persons under the age of 18.
Chapter 664, Statutes of 2011

SB 750 (Hernandez-D) Vehicles: key information access

Deletes the 1/1/13 sunset provision exempting automakers from providing electronic key code information to locksmiths so long as the manufacturer operates a 24 hours a day, 7 day a week request line whereby vehicle owners can request replacement keys and receive them within one day of the request or via the next overnight delivery.
(In Assembly Transportation Committee)

SB 773 (Negrete McLeod-D) Accountants

Establishes requirements for ethics courses that certified public accountants must complete to gain licensure.
Chapter 344, Statutes of 2011

SB 783* (Dutton-R) Special access: liability

Establishes notice requirements for an alleged aggrieved party to follow before bringing an action against a business for an alleged violation of access rights of a disabled individual. Requires that party to provide specified notice to the owner of the property, agent, or other responsible party where the alleged violation occurred. Requires that owner, agent, or other responsible party to respond within 30 days with a description of the improvements to be made or with a rebuttal to the allegations, as specified. If that owner, agent, or other responsible party elects to fix the alleged violation, provides 120 days to do so.
(Failed passage in Senate Judiciary Committee)

SB 792 (Steinberg-D) Surface mining: mineral resource management policies

Amends the required contents of mineral management policies that are adopted as part of local general plans, so the these plans consider ways to provide access to mineral resources for infrastructure projects.
Chapter 345, Statutes of 2011

SB 805* (Senate Veterans Affairs Committee) Consumers: itinerant veteran vendors

Extends the 1/1/12 sunset to 1/1/22, so that qualified itinerant veteran vendors would remain consumers indefinitely with respect to tangible personal property they sell for $100 or less, under specified conditions.
Chapter 246, Statutes of 2011

SB 865 (Negrete McLeod-D) Contractors: expertise: legal representation

Requires the Contractors State License Board (CSLB) to provide legal representation to any person hired to provide expertise in a licensing or disciplinary matter when, as a result of providing that expertise, that person is named as a defendant in a civil action, and requires the CSLB to indemnify the expert for any judgment rendered against him/her.
(In Assembly Judiciary Committee)

SB 869 (Yee-D) Automotive repair dealers: airbags

Increases the penalty for a person who, after preparing a written estimate to repair a deployed airbag, fails to properly repair and restore that airbag to its original condition.
Chapter 430, Statutes of 2011

SB 886 (Corbett-D) Sprinkler fitters: licensing

Prohibits any person from installing or modifying a fire sprinkler system, a wet standpipe system, or an automatic fire extinguishing system without a certificate of registration issued by the State Fire Marshal.
(In Senate Business, Professions and Economic Development Committee)

SB 944 (Senate Business, Professions And Economic Development Committee) Business and professions

Makes several non-controversial, minor, non-substantive or technical changes to various miscellaneous provisions pertaining to regulatory boards of the Department of Consumer Affairs and professions regulated primarily under the Business and Professions Code.
Chapter 432, Statutes of 2011

SR 6 (Padilla-D) National Engineers Week

Recognizes the week of 2/20/11 to 2/26/11, inclusive, as National Engineers Week and acknowledges the services bestowed upon the citizens of California by engineers.
Adopted by the Senate

SR 10 (La Malfa-R) National Surveyors Week

Recognizes the week of 3/20/11 through 3/26/11 as National Surveyors Week.
Adopted by the Senate

AB 4 (Miller-R) Hydrolysis: facility manager

Authorizes the Cemetery and Funeral Bureau to license and regulate hydrolysis facilities and hydrolysis facility managers, as specified.
(In Assembly Appropriations Committee)

AB 20 (Halderman-R) Construction defect actions

Requires an attorney who solicits or consults with a client or potential client for purposes of filing an action for defects in the design or construction of an improvement to residential real property to provide a written notice at the time of the solicitation or consultation.
(In Assembly Judiciary Committee)

AB 75 (Hill-D) Documents: notaries public: solicitations

Revises current provisions of laws pertaining to solicitations and public notaries, and authorizes the Secretary of State to refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is fraudulent, as specified.
Chapter 269, Statutes of 2011

AB 155* (Charles Calderon-D) Retailers: use tax collection

Revises AB 28X1 (Blumenfield-D) and reenacts the statutory provisions specifying those retailers with a use tax collection duty (remote vendors) and basically gives these retailers a year's grace period before AB 28X1 takes effect.
Chapter 313, Statutes of 2011

AB 183 (Ma-D) Alcoholic beverage licenses: self-service checkouts

Prohibits off-sale licensees from selling alcoholic beverages using a customer-operated checkout stand located on the licensee's physical premises. Makes findings and declarations regarding the effects of allowing alcoholic beverages to be sold using self-service checkouts.
Chapter 726, Statutes of 2011

AB 214 (Davis-D) Professional photocopiers

Requires the identification card for an employee of a professional photocopier or a partnership or corporation, to include a photograph of the employee, as specified. Deletes the current fee of $10 for issuance of additional identification card for professional photocopies or employees of professional photocopies, and instead allows a county clerk charge a fee sufficient to cover their reasonable regulatory costs associated with the issuance of the additional cards.
Chapter 287, Statutes of 2011

AB 249 (Bill Berryhill-R) Contractors

Authorizes a person who utilizes a contractor's services for the construction or improvement of residential property, as specified, to recover two times the amount of compensation paid for work performed during periods when the contractor was not duly licensed. Authorizes a person who utilizes the services of a contractor for the construction or improvement of property other than specified residential property to bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the contractor for performance of any act or contract during the time the contractor was not properly licensed.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 298 (Brownley-D) Reusable bags: recycling

Defines "reusable bag" as a bag with handles that (1) has a minimum lifetime of 125 uses, (2) has a minimum volume of 15 liters, (3) is made from materials that can be cleaned or disinfected, (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts, (5) contains specific manufacturing information about the bag and a statement that the bag does not contain heavy metals in toxic amounts, and (6) is at least 2.25 mils thick if made of plastic. Prohibits the sale or distribution of a reusable bag in the state unless the reusable bag contains guidelines for cleaning and disinfecting the bag.
(In Senate Environmental Quality Committee)

AB 302 (Garrick-R) Garment manufacturing: alteration of appearance

Exempts specified activity from provisions of current law regulating garment manufacturing. Specifically, provides that the law does not apply to a person who, by any means or method, engages solely in the alteration of the appearance of garments previously shipped by a garment manufacturer as ready-to-wear apparel.
(In Assembly Labor and Employment Committee)

AB 318 (Skinner-D) Corporation taxes: Franchise Tax Board: tax expenditures

Requires the Franchise Tax Board to compile information on any tax expenditure claimed and reported by a taxpayer that is a publicly traded company and submit it to the California Technology Agency for publication on the Reporting Transparency in Government Internet Web site.
(In Assembly Revenue and Taxation Committee)

AB 361 (Huffman-D) Benefit corporations

Authorizes the creation of a new corporate form called a benefit corporation, and provides for the rules that must be followed by these types of entities, and by other types of entities wishing to become benefit corporations.
Chapter 728, Statutes of 2011

AB 374 (Hayashi-D) Athletic trainers

Prohibits an individual from holding himself/herself out as an athletic trainer unless he/she meets specified requirements. Declares an unfair business practice, as specified, for any person to use the title of athletic trainer or "certified athletic trainer" or any other term, such as "licensed," "registered," or "ATC," that implies or suggests that the person is certified as an athletic trainer, if the person does not meet the specified requirements.
(In Senate Business, Professions, and Economic Development Committee)

AB 417 (Bill Berryhill-R) Structural pest control

Prohibits a city, county, or city and county from prohibiting a licensee of the Structural Pest Control Board from engaging in the particular business, occupation, or profession for which he/she is licensed under the Structural Pest Control law.
Chapter 99, Statutes of 2011

AB 424 (Eng-D) Pawnbrokers

Increases the limits on the compensation pawnbrokers are allowed to charge for their services, standardizes time references in the pawnbroker statutes to refer to months rather than days, and defines a month in the pawnbroker statutes as a period of time consisting of 30 consecutive days.
Chapter 318, Statutes of 2011

AB 431 (Ma-D) Retired public accountants

Authorizes the Board of Accountancy to establish a retired status license for certified public accountants and public accountants.
Chapter 395, Statutes of 2011

AB 456 (Wagner-R) Mechanics liens

Amends sections of existing law relating to mechanics liens to provide that a proof of service affidavit shall show the name and address of the owner or reputed owner upon whom the copy of the claim of mechanics lien was served, and, if appropriate, the title or capacity in which the owner or reputed owner was served.
Chapter 673, Statutes of 2011

AB 465 (Bill Berryhill-R) Gardening or landscape maintenance services: regulation

Provides, on and after 7/1/12, for the regulation of gardening or landscape maintenance services, as defined. Requires a local jurisdiction to obtain from an applicant for issuance or renewal of a business license who provides gardening or landscape maintenance services, (1) documentation that he/she has workers' compensation coverage or is exempt from those coverage requirements and proof of current licensure as a contractor issued by the Contractors State License Board, or (2) a signed acknowledgment of the consequences of performing the duties of a contractor without a license.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 473 (Charles Calderon-D) Unfair competition

Makes it unlawful for any person to manufacture any article or product that is sold or offered for sale in this state while using stolen or misappropriated information technology, as defined, in its business operations in competition with another article or product manufactured without the use of stolen or misappropriated information technology, except as specified. Requires written notice containing specified information under penalty of perjury to be provided to a defendant prior to commencement of an action under these provisions.
(In Assembly Judiciary Committee)

AB 560 (Gorell-R) Professional limited liability partnerships

Extends the sunset date on licensed architects' ability to organize as limited liability partnerships until 1/1/19.
Chapter 291, Statutes of 2011

AB 569 (Bill Berryhill-R) Business licensing: Business Master License Center

Establishes the Business Master License Center to develop and administer a computerized one-stop master license system as well as issue and review master licenses, as specified.
(In Assembly Appropriations Committee)

AB 571 (Hagman-R) Corporations: distributions

Prohibits a California corporation or any of its subsidiaries from making any distribution to the corporation's shareholders, unless the board of directors of that corporation makes specified determinations in good faith. Adds a four-year statute of limitations to any a cause of action involving the obligation of a shareholder to return a distribution.
Chapter 203, Statutes of 2011

AB 619 (Halderman-R) Massage therapy training

Changes the name of the Massage Therapy Organization to the California Massage Therapy Council (CAMTC) and makes a number of clarifying, conforming and technical changes to the Massage Therapy Act regarding the approval of schools providing training and curriculum in massage, reimbursements of costs incurred by the CAMTC for denying a massage certificate or disciplining a certificate holder, the advertising and display of the massage certificate, and the granting of a conditional certificate.
Chapter 162, Statutes of 2011

AB 657 (Gordon-D) Corporations: statement of information: Secretary of State

Allows businesses to elect to receive electronic notices, in lieu of hard copy notices, from the Secretary of State; standardizes the filing requirements imposed on different types of business entities by the Secretary of State; and makes other technical changes intended to improve the Secretary of State's ability to administer the laws under his/her jurisdiction.
Chapter 204, Statutes of 2011

AB 675 (Hagman-R) Business consumer boards: continuing state education

Provides that, if a board within the Department of Consumer Affairs requires its licensees to satisfy continuing education (CE) or competency requirements by pursuing a course of CE or competency, the CE or competency courses must contain only content relevant to the particular practice regulated by the board. CE or competency courses that advance or promote labor organizing on behalf of a union, or that advance or promote statutory or regulatory changes, political candidates, political advocacy, or political strategy shall not be considered content relevant to the practice regulated by the board and shall not be acceptable for meeting CE or competency requirements. The term "courses" includes institutes, seminars, lectures, conferences, workshops, and any other public events.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 704 (Ma-D) Secondhand goods

Requires a person conducting business as a secondhand dealer to provide a valid secondhand dealer's license to any peace officer upon demand.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 783 (Hayashi-D) Professional corporations: licensed physical therapists

Adds licensed physical therapists and licensed occupational therapists to the list of licensed health care professionals who under existing law could be shareholders, officers, directors, or professional employees of a medical corporation, podiatric medical corporation or chiropractic corporation, so long as the sum of all shares owned by the licensed persons does not exceed 49% of the total number of shares of the professional corporation, as specified.
(Failed passage in Senate Business, Professions and Economic Development Committee)

AB 797 (Conway-R) Cosmetology schools: private postsecondary education

Exempts schools of cosmetology, as defined, from the California Private Postsecondary Education Act of 2009.
(In Assembly Higher Education Committee)

AB 831 (Silva-R) Corporation tax: annual minimum tax and fee

Exempts a single member limited liability company (SMLLC), whose sole member is a tax-exempt organization, from the minimum annual tax, currently set at $800. Exempts an SMLLC, whose sole member is a tax-exempt organization, from the annual fee, currently based on total income from all California sources. Exempts an SMLLC, whose sole member is a tax-exempt organization, from filing a return and from verifying liabilities under Revenue and Taxation Code Sections 17941 and 17942, the sole owner's name and taxpayer identification number, and the owner's consent to California tax jurisdiction, among other required information. Requires an SMLLC's corporate status to be "active" before the Franchise Tax Board establishes the exemption.
(In Assembly Revenue and Taxation Committee)

AB 836 (Galgiani-D) Secondhand goods

Requires a pawnbroker, secondhand dealer, or coin dealer to deliver property to a peace officer upon request when the property is required by a peace officer in a criminal investigation.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 860 (Jones-R) Corporations: political contributions

Prohibits payroll deductions from being made if the money deducted will be used for political purposes. Prohibits corporations, labor unions, and government contractors from making campaign contributions in certain circumstances.
(In Assembly Elections and Redistricting Committee)

AB 958 (Bill Berryhill-R) Business and professions: regulatory boards

Deletes specified limitations periods for each board within the Department of Consumer Affairs (DCA) to file disciplinary action accusations against licensees for various violations and imposes a specified limitations period on all boards within the DCA.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 975 (Ma-D) Professional employer organizations

Prohibits a person or entity from providing, advertising for, or otherwise holding itself out as providing, professional employer services in the state, unless that person or entity is registered as a professional employer organization with the Employment Development Department.
(In Senate Labor and Industrial Relations Committee)

AB 1014 (Fletcher-R) Food facilities: definition

Exempts premises set aside by a beer manufacturer, as defined, for beer tasting, from the definition of a food facility, thereby, exempting beer tasting premises from the provisions of the California Retail Food Code. Specifies that drinking receptacles provided for "common use" must be cleansed and sterilized thoroughly between uses.
Chapter 159, Statutes of 2011

AB 1091 (Morrell-R) Contractors

Revises and recasts provisions on notification requirements when a qualifier disassociates from a contractor's license.
Chapter 168, Statutes of 2011

AB 1121 (Pan-D) Dog licensing: issuance: puppy licenses

Requires pet dealers, and others as specified, to submit a report once a month to the local governmental entity regarding dog sales and adoptions, allows licensing agencies to issue puppy licenses, as defined, and allows the responsible entity to specify the means by which the dog owner is required to provide proof that his/her dog has been spayed or neutered.
Vetoed

AB 1161 (Skinner-D) Cooperative corporations

Renames the Consumer Cooperative Corporation Law as the Cooperative Corporation Law, and provides alternative provisions to which a cooperative corporation may elect to be subject by designating itself as a worker cooperative in its bylaws. Limits a member of a worker cooperative to only one vote on a matter to be voted on by all classes voting together as a single class, regardless of the number of voting classes in which the person is a member. Requires notice of a meeting in which members of a worker cooperative are entitled to vote to be sent no more than 24 hours before the time of the meeting.
(In Assembly Banking and Finance Committee)

AB 1181 (Butler-D) Weights and measures

Prohibits, when a commodity is sold based upon a quantity represented by the purchaser or by using the purchasers equipment, the purchaser from paying the seller less than the highest applicable price per unit, that is advertised, posted, marked, displayed, or quoted for that commodity.
(On Senate Inactive File)

AB 1190* (Jeffries-R) Destination management companies: sales and use taxes

Designates a qualified destination management company as a consumer, and not a retailer, of the tangible personal property it provides a client under a qualified contract for destination management services.
(In Assembly Revenue and Taxation Committee)

AB 1211 (Silva-R) Not-for-profit corporations

Enacts a variety of technical and clarifying changes to the laws governing nonprofit corporations and unincorporated associations.
Chapter 442, Statutes of 2011

AB 1255 (V. Manuel Pérez-D) Corporations: boards of directors

Requires the Secretary of State to provide a link of his/her Internet Web site to the Internet Web pages of either the California Public Employees' Retirement System or the California State Teachers' Retirement System, or both, where information on registries of potential qualified candidates for corporate boards, if available, can be found.
(In Senate Rules Committee)

AB 1300 (Blumenfield-D) Controlled substances: medical marijuana

Provides that a local government entity may enact an ordinance regulating the location, operation or establishment of a medical marijuana cooperative or collective. Authorizes local government entity to enforce such ordinances through civil or criminal remedies and actions. Authorizes a local government entity to enact any ordinance that is consistent with the Medical Marijuana Program, which is intended to implement the Compassionate Use Act (Medical Marijuana Initiative).
Chapter 196, Statutes of 2011

AB 1301 (Hill-D) Retail tobacco sales: STAKE Act

Imposes stronger penalties on retailers engaged in the sale of tobacco products when they or their employees sell to an underage individual.
(In Senate Governance and Finance Committee)

AB 1307 (Skinner-D) Contractors: Board of Equalization: administration

Authorizes the Contractors State License Board to refuse to issue, reinstate, reactivate, or renew a license or to suspend the license of a contractor for the failure of the licensee to resolve all outstanding final liabilities assessed by the Board of Equalization (BOE), if the licensee has not entered into an installment payment agreement for that liability and is in compliance with that agreement, and allows BOE access to the information filed by employers with the Employment Development Department regarding new employees for the purpose of tax or fee enforcement.
Chapter 734, Statutes of 2011

AB 1354 (Huber-D) Public works: progress payments: notice: retention proceeds

Prohibits a public entity from retaining more than 5% of a contract price until final completion and acceptance of a project.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 1369* (Gatto-D) Businesses: tax deduction disallowance

Disallows deductions for income derived by a taxpayer from specified illegal activities. Expands existing law by additionally denying deductions for expenses, including deductions for costs of goods sold, attributable to the taxpayer's gross income directly derived from certain criminal profiteering activities.
Chapter 454, Statutes of 2011

AB 1378 (Portantino-D) Fireworks: sale: training

Authorizes, until 1/2/18, the sale of certified safe and sane fireworks from 9 a.m. December 26 through January 1 pursuant to a license issued by the State Fire Marshal, if authorized by a city, county, or city and county ordinance or resolution that may also restrict the hours of use of those fireworks. Requires, until 1/1/18, the State Fire Marshal to establish and collect an additional fee on permits issued to licensees in an amount necessary to enforce applicable laws with respect to training and education regarding dangerous fireworks.
(In Assembly Governmental Organization Committee)

AB 28X1 (Blumenfield-D) Retailers: use tax collection

Makes various changes to state laws to implement compliance-related mechanisms relating to existing taxes by expanding the statutory list of retailers that are considered to be engaged in business in California and required to collect use tax on sales of tangible personal property to California consumers.
Chapter 7, Statutes of 2011, First Extraordinary Session

ACR 79 (Beth Gaines-R) California Business Women's Day

Designates 9/22/11 and 9/22/12 as California Business Women's Day, and encourages Californians to celebrate the occasion with appropriate activities.
Resolution Chapter 117, Statutes of 2011
 
 

Index (in Bill Order)