NOTE: * denotes urgency legislation
Economic Development
World Trade and Tourism
Small Business
Labor Relations
Workers' Compensation
Unemployment Insurance
Financial Institutions
Miscellaneous
SB 420* (Alquist-D) - Taxes: Enterprise Zones Hiring Credit Provides that the enterprise zone jobs credit would continue for the full 5 years, even after the termination of the zone. (Died in Assembly Appropriations Committee) SB 434 (Solis-D) - Trade and Commerce Agency: Study: Pacific Rim Requires the Trade and Commerce Agency to study the impact of Pacific Rim countries' economies on California's workforce. (Died in Assembly Labor and Employment Committee) SB 1086* (Polanco-D) - Enterprise Zones Clarifies the language of the enterprise zone jobs credit, and allows credits for employees hired within the last 5 years of the life of a zone to extend for their full 5-year term. (Died in Assembly Local Government Committee) SB 1801 (Polanco-D) - Economic Development Programs Enacts the Small Business Opportunities Act of 1996 and makes various changes related to small business programs including the creation of a Surety Bond Guarantee Program Task Force and encouraging the development of small business networks and regional alliances for small contractors. Vetoed by the Governor SB 2023 (Costa-D) - Enterprise Zones Merges the Enterprise Zone Program and the Employment and Economic Incentive Program into the newly-created Enterprise and Employment Zone Program, as specified. Chapter 955, Statutes of 1996 AB 243 (Battin-R) - Enterprise Zones Extends the life of the 10 original enterprise zones by an additional 5 years and permits the proposed expansion of any enterprise zone or program area by 25%, rather than 15% as currently permitted. (Died on Senate Appropriations Committee Suspense File) AB 296 (Knight-R) - Economic Development Merges the Enterprise Zone Program and the Employment and Economic Incentive Program into the newly-created Enterprise and Employment Zone Program. Converts all program areas into enterprise zones. As such, businesses within the new zone would be eligible for the tax benefits which currently are available only within enterprise zones. The lifespan of a converted program area would begin when it was first designated as a program area. Authorizes the temporary expansion of the City of Lancaster's sphere of influence. Chapter 953, Statutes of 1996 AB 456 (Bustamante-D) - Enterprise Zones Grants the proposed Sequoia Enterprise Zone (SEZ) in Tulare County enterprise zone designation and provides that the SEZ shall be excluded from the computation of the allowable number of enterprise zones as prescribed by law. (Died in Senate Appropriations Committee) AB 1081 (Hannigan-D) - Enterprise Zones Requires the Trade and Commerce Agency to designate the West Sacramento Program Area as an enterprise zone until 2003. (Died in Senate Appropriations Committee) AB 1179 (Bordonaro-R) - Economic Development: Administrative Regulations Specifies that no administrative regulation is to apply to businesses, unless the state agency that adopts the regulation makes a finding that states (1) that the intended benefits of the regulation justify its costs, and (2) the proposed regulation is the most cost-effective of available regulatory options. (Failed passage in Senate Governmental Organization Committee) AB 1812 (Knox-D) - New Business Incubator Enterprise Programs Deletes all provisions of the New Business Incubator Program Act and, instead, requires the Office of Small Business to administer grants to California nonprofit corporations or public agencies, pursuant to specified criteria. Chapter 1039, Statutes of 1996 AB 2421 (Baca-D) - California Community Colleges: Economic Development Expands the mission of the California Community Colleges Economic Development Program, which is administered by the Chancellor of the California Community Colleges, to include assistance to communities experiencing military base downsizing and closures. Chapter 276, Statutes of 1996 AB 2456 (Escutia-D) - Incentive Zones Establishes a new incentive zone program to be administered by the Trade and Commerce Agency to promote and support business expansion in "corridors of economic significance," that meet certain criteria, as specified. (Failed passage in Senate Revenue and Taxation Committee) AB 2674 (Morrissey-R) - Manufacturing Technology Grants Revises the existing Manufacturing Technology Program (MTP) within the Trade and Commerce Agency by establishing 2 grant programs, the California Manufacturing Excellence Program and the Manufacturers Technology Matching Grant Program within the MTP, as specified. Chapter 344, Statutes of 1996 NOTE: See Income Tax Section for additional legislation related to economic development. World Trade and Tourism SB 435 (Solis-D) - Overseas Trade Offices: India States legislative recommendation that the feasibility of establishing an overseas trade office in India be studied. Chapter 418, Statutes of 1996 SB 908* (Polanco-D) - Los Angeles County Tourism Selection Committee Makes technical changes pertaining to the Los Angeles County Tourism Committee. Requires the committee to convene within 90 days after the operative date of these provisions and issue a report and recommendations not later than 180 days after the initial convening of the committee. (Died on Assembly Inactive File) SB 1398 (Johnston-D) - California Tourism Marketing Act Makes technical and substantive changes in the California Tourism Marketing Act (TMA). Declares that TMA furthers the state government goal of nonideological and commercial communications having the characteristics of and protections of government speech. Makes the Deputy Secretary of the California Trade and Commerce Agency's Office of Tourism serve as executive director and secretary of the California Tourism Commission. Adds Code of Civil Procedures protections to the appeals of businesses of assessments and amounts of assessments. Tightens annual reports and audits. Chapter 795, Statutes of 1996 SB 1572 (Monteith-R) - California State World Trade Commission Makes the Secretary of Food and Agriculture an ex-officio non- voting, World Trade Commission member. Chapter 175, Statutes of 1996 SB 1933 (Mello-D) - 1998 Exposition in Lisbon, Portugal Appropriates $75,000 from the General Fund to the Trade and Commerce Agency for the purpose of participating in the 1998 Exposition in Lisbon, Portugal. Vetoed by the Governor SB 2100 (Haynes-R) - Trade and Commerce Agency: Programs Requires the State Trade and Commerce Agency Secretary to report annually on the foreign and domestic business development marketing programs administered by the agency. Repeals the dry cleaning registration program, and eliminates the Economic Development Advisory Council and its responsibilities. Chapter 503, Statutes of 1996 SJR 44 (Mello-D) - 1998 World Exposition Participation Encourages the President and Congress to take the necessary steps to ensure participation in the 1998 World Exposition to be held in Lisbon, Portugal. (Died in Assembly Utilities and Commerce Committee) SJR 48 (Kopp-I) - North American Free Trade Agreement Memorializes the President and Congress to provide financial assistance related to capital costs associated with building border infrastructure. Resolution Chapter 37, Statutes of 1996 AB 506 (Napolitano-D) - Overseas Trade Office Provides a recommendation from the Legislature to the Governor to establish, within existing resources, overseas trade offices in both South America and Canada. (Failed passage in Assembly Appropriations Committee) AB 2870 (Morrissey-R) - Tourism Development Zones Creates the Tourism Development Zone Program in the Trade and Commerce Agency to promote tourism through the public tax increment financing of public improvements. (Died in Assembly Appropriations Committee) AB 3258 (Napolitano-D) - Overseas Trade Office: Southeast Asia Authorizes the Trade and Commerce Agency Director to establish an overseas trade office in Southeast Asia and encourages the director to consider locating the office or a satellite office in South Korea. (Died in Assembly Appropriations Committee) ACR 84 (Napolitano-D) - Overseas Trade Requests that the State World Trade Commission establish an overseas trade office in Southeast Asia, but not in Vietnam. Encourages the commission director to consider establishing a South Korean office. Resolution Chapter 53, Statutes of 1996 Small Business SB 371 (Rosenthal-D) - Small Employer Health Insurance Extends California's small employer health reforms (which currently apply to groups with 3 to 50 employees) to groups of 2 to 50. Becomes operative on July 1, 1997. Chapter 360, Statutes of 1996 Similar legislation is AB 8 (Friedman-D), Chapter 359, Statutes of 1996. SB 849* (Maddy-R) - Small Employer Health Coverage Requires that small employer health insurance premium "rate bands" which become effective under current law on July 1, 1996 are applied to all in-force business at the time of policy renewal or July 1, 1997, whichever comes first. Exempts Managed Risk Medical Insurance Board support contracts from the state's competitive bidding requirements. Chapter 50, Statutes of 1996 SB 973 (Watson-D) - AFDC: Eligibility: Small Businesses Revises provisions in current law which allow AFDC recipients to start a micro-business as follows: (1) Provides that for the purpose of computing an AFDC grant, a county shall deduct valid business-related expenses from business income; (2) requires the Employment Development Department to convene a Micro- Enterprise Coordinating Council; and (3) requires the Department of Social Services, if federal approval is obtained, to establish 3- year demonstration projects to provide entrepreneurial training and technical assistance to AFDC recipients participating in the Greater Avenues for Independence program. (Died in Assembly Appropriations Committee) SB 1122 (Mountjoy-R) - Small Businesses: Environmental Regulations Provides that state or local environmental regulations may not be applied to small business if they prevent the business from operating at current levels of production or employment. Gives regulatory agencies discretion in applying and enforcing environmental regulations in order to accommodate individual small business' financial circumstances. Requires regulatory agencies to tailor regulatory compliance schedules to be consistent with the economic capabilities of the small business. States that fines for pollution violations be applied only in the event of "continuous noncompliance." (Failed passage in Senate Natural Resources and Wildlife Committee) SB 1801 (Polanco-D) - Economic Development Programs Enacts the Small Business Opportunities Act of 1996 and makes various changes related to small business programs including the creation of a Surety Bond Guarantee Program Task Force, and encouraging the development of small business networks and regional alliances for small contractors. Vetoed by the Governor AB 1684 (Alby-R) - Financial Development: Corporations Makes various substantive, clarifying and technical changes to resolve issues concerning the administrative and financial operations of the Small Business Development Corporation Law. Chapter 1046, Statutes of 1996 AB 1812 (Knox-D) - New Business Incubator Enterprise Programs Deletes all provisions of the New Business Incubator Program Act and, instead, requires the Office of Small Business to administer grants to California nonprofit corporations or public agencies, pursuant to specified criteria. Chapter 1039, Statutes of 1996 AB 3292 (Sher-D) - Regulatory Programs: Small Business Creates the Small Business Environmental Regulatory Assistance Center within the Trade and Commerce Agency for the purpose of providing information and assistance on environmental regulatory programs affecting small businesses. (Failed passage in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee) Labor Relations SB 238 (Haynes-R) - Deferred Compensation Programs Requires all public and private employers administering a deferred compensation program to provide specified written disclosures and financial reports to their employees considering participation in a deferred compensation program. Chapter 1160, Statutes of 1996 SB 444 (Solis-D) - Public Works: Contractors: Debarment Authorizes the Labor Commissioner to debar, for up to 3 years, any contractor or subcontractor who has been issued a "final assessment" for wage violations under the Unemployment Insurance Code. Also requires that debarred contractors or subcontractors be ineligible from bidding on all public works projects during the debarment period. (Died in Senate Appropriations Committee) SB 843 (Solis-D) - Employment: Wages Requires the Employment Development Department to issue a biennial report on wage differences between female- and male- dominated occupations. (Failed passage in Assembly Labor and Employment Committee) SB 970 (Johnston-D) - Employment Discrimination Prohibits employment discrimination on the basis of genetic characteristics. (Failed passage in Assembly Labor and Employment Committee) SB 987 (Polanco-D) - Occupational Safety and Health Exempts employers who construct or dismantle motion picture, television and theatrical stages or sets from the current requirement to obtain a permit from Cal-OSHA prior to commencing construction. Does, however, require annual permits from employers with specified safety incidents. Chapter 664, Statutes of 1996 SB 994 (Haynes-R) - Civil Actions: Liability Limits the recovery of damages for loss of future earnings awarded in lieu of reinstating an employee to an amount not to exceed the amount of wages and benefits the employee might reasonably have been expected to earn during the period of 1 year following an employee's termination. Authorizes an action for wrongful termination. Also requires a plaintiff in a shareholder action to follow specific guidelines in actions against a board of a corporation. (Sent to Senate Judiciary Committee pursuant to Senate Rule 29.10; died in committee) SB 1049 (Solis-D) - Employment: Sexual Harassment Clarifies the definition of "sexual harassment" for the purpose of determining unlawful employment practices. (Failed passage in Assembly Labor and Employment Committee) SB 1112 (Polanco-D) - Garment Industry: Registration Permits the Labor Commissioner to grant registration extensions under certain circumstances to garment manufacturers, and requires the Labor Commissioner to notify all registrants of the need to re-register within 90 days prior to the expiration of an existing registration. Chapter 619, Statutes of 1996 SB 1654 (Johnston-D) - Job Training Establishes the State Workforce Development Board in response to congressional efforts under way to reform and consolidate federal job training programs. (Died in Assembly Labor and Employment Committee) SB 1682 (Johnston-D) - Employment Development: Disability Insurance Refunds Requires the Employment Development Department, in collaboration with the Franchise Tax Board, to identify persons who have overpaid disability insurance contributions and to credit those taxpayers with the amount of any overpaid disability insurance, with interest. Chapter 1157, Statutes of 1996 SB 1686 (Solis-D) - Employment: Work Force Development Plan Provides that the Superintendent of Public Instruction and the Chancellor of the California Community Colleges, in consultation with the Director of Employment Development, the State Job Training Coordinating Council, representatives of industry, business and labor, community colleges, K-12, and community- based organization training staff, shall develop a state comprehensive workforce development plan. (Failed passage in Assembly Labor and Employment Committee) SB 1822 (Marks-D) - Employment: Discrimination Provides that after a complaint has been filed with the Department of Fair Employment and Housing (DFEH) alleging a violation of the Fair Employment and Housing Act, the time to commence any closely related action is tolled until either the DFEH complaint has been settled, DFEH has issued an accusation, or DFEH has issued the complainant a right-to-sue letter. (Failed passage in Assembly Labor and Employment Committee) SB 1937 (Solis-D) - Employment Discrimination: Employer Identity Amends the definition of employer contained in the Fair Employment and Housing Act to include persons identified on an employee's Internal Revenue Service form W2 Wage and Tax Statement as the employer, who otherwise meets the definition of employer. (Failed passage in Assembly Labor and Employment Committee) SB 1956 (Mello-D) - Employment: Pilot Project Creates a 4-county matching grant program, with private nonprofit and public organizations, making tattoo removal available to former gang members for the purpose of increasing employment opportunities. (Failed passage in Assembly Public Safety Committee) SB 1988 (Thompson-D) - County of Lake: Working Hours Increases the number of hours per week a minor may work in agricultural packing plants in Lake County. Chapter 1117, Statutes of 1996 SB 2145 (Senate Industrial Relations Committee) - Prevailing Wages on Public Works Projects Exempts public works projects of $10,000 or less from the prevailing wage requirements. (Died in Assembly Labor and Employment Committee) SB 2146 (Marks-D) - Employees: Independent Contractors Requires the Director of Employment Development to convene, not later than June 1, 1997, a task force to recommend changes for simplifying and expediting communications of the department to interested parties regarding the status of independent contractors, and requires a report by December 1, 1997. (Failed passage in Assembly Labor and Employment Committee) SB 2166 (Solis-D) - Employment: Wage and Hour Violations Increases the civil penalties imposed against employers for failing to pay the minimum wage to workers from $100 per affected employee to $500 per affected employee. (Died in Assembly Labor and Employment Committee) SJR 20 (Johnston-D) - Federal Minimum Wage Urges the federal government to increase the minimum wage from $4.25 per hour to $5.15 per hour by 1997. (Died in Senate Industrial Relations Committee) AB 50 (Johnson-R) - Employment: Ergonomic Standards Deletes the requirement that the Occupational Safety and Health Standards Board adopt an ergonomic standard designed to minimize the instances of injury from repetitive motion. (Died in Senate Industrial Relations Committee) AB 269 (Kuykendall-R) - Employee Safety: Asbestos Revises the definition of "asbestos-containing construction material" by increasing the permissible amount of asbestos from 1/10 of 1% to 1%. (Failed passage in Senate Industrial Relations Committee) AB 398 (Aguiar-R) - Employment: Wages and Hours Removes the requirement of paid overtime for work performed in excess of 8 hours a day. (Failed passage in Senate Industrial Relations Committee) AB 572 (Goldsmith-R) - Workers' Compensation: Maritime Workers Makes ineligible for benefits under California law specified maritime shipyard workers who are currently eligible for workers' compensation benefits under both state law and the federal Longshore and Harbor Workers' Compensation Act. (Failed passage in Senate Indutrial Relations Committee) AB 656 (Brulte-R) - Employment: Independent Contractors Eliminates the current presumption that all workers are presumed to be employees, rather than independent contractors, for the highway carrier industry. (Died in Senate Industrial Relations Committee) AB 658 (Kuehl-D) - Discrimination: Pregnant Employee Requires any employer to provide reasonable accommodation for a pregnant employee for the duration of her pregnancy, upon request. (Failed passage in Assembly Labor and Employment Committee) AB 713 (Kuehl-D) - Employment: Harassment Adds persons providing services pursuant to a contract, as defined, to the list of individuals protected against harassment under the Fair Employment and Housing Act. (Failed passage in Assembly Labor and Employment Committee) AB 865 (Aguiar-R) - Prevailing Wage: Public Works Allows the governing board of a school district or community college district, or a county board of education, to determine the general rate of prevailing wages that would apply to any contract for public work awarded by that entity. (Died on Assembly Inactive File) AB 983 (Firestone-R) - Occupational Safety and Health: Employer Injury Prevention Programs Requires the Occupational Safety and Health Standards Board to adopt less stringent substantial compliance criteria for employers with fewer than 45 employees, employers in industries with insignificant occupational safety and health hazards, and employers with no reported injuries or illnesses related to occupational safety and health violations during the prior 2 years. (Died in Assembly Labor and Employment Committee) AB 1195 (Morrissey-R) - Occupational Lead Poisoning: Employer Fees Requires the Department of Health Services to adopt regulations that define a de minimis amount of lead use or disturbance, and provides that any employer who is within this definition is exempt from payment of fees. Chapter 720, Statutes of 1996 AB 1251 (House-R) - OSHA: Civil Actions Amends the Labor Code by providing that its exception for actions arising before it became operative in 1972 is inapplicable to asbestos exposure actions alleging premises liability. In other words, prohibits courts from considering Cal-OSHA standards (and whether they were violated) in all personal injury actions brought by persons alleging that a property owner other than their employer failed to exercise ordinary care to prevent them from being exposed to asbestos, even if that exposure began prior to 1972. (Failed passage in Senate Judiciary Committee) AB 1365 (Knowles-R) - Workers' Compensation Provides that workers' compensation benefits are to be awarded only if the employment is the predominant (more that 50%) cause of the injury or death compared to all other causes combined. Provides that if an injury combines with a pre-existing industrial disease or condition, the resulting injury is compensable under the workers' compensation system only if past and present employment events are the predominant cause of the death or injury compared to all other combined causes. States this is true regardless of negligence. (Died in Senate Industrial Relations Committee) AB 1729 (Morrow-R) - Evidence: Compliance Audit Privilege Creates the Safety and Health Audit Privilege Act of 1995. Provides that in any civil, criminal or administrative proceeding, a safety and health audit report is privileged, is not admissible and is not subject to discovery pursuant to the rules of civil, criminal or administrative procedure, as specified. (Died in Senate Judiciary Committee) AB 1847 (House-R) - Agricultural Employment: Field Sanitation Reduces the minimum fine, from $750 to $50, for failing to maintain adequate field sanitation facilities for agricultural workers. (Died in Senate Industrial Relations Committee) AB 1961 (House-R) - Employment: Industrial Welfare Commission Provides that the Industrial Welfare Commission need not consult with the OSHA Standards Board in a joint meeting to discuss possible overlapping jurisdiction. (Died in Senate Industrial Relations Committee) AB 2211* (Tucker-D) - Employment Development Department: Field Officers Requires the Employment Development Department (EDD) to establish and operate job service and unemployment insurance field offices whenever the following 2 criteria exist: (1) the city or county has a population of 90,000 or greater, and (2) the unemployment rate of the residents of that locality has exceeded the statewide unemployment rate by 5 percentage points or more during the 4 most recent quarterly periods, as determined by EDD. (Failed passage in Assembly Labor and Employment Committee) AB 2256 (Woods-R) - Minors: Employment Deletes the requirement that minors must have a work permit for certain prohibited industries when the minor is to perform work for and under the control of the minor's parent if the work is performed upon premises owned, operated or controlled by the parent. Precludes the minor from performing work during the school day. (Failed passage on Assembly Floor) AB 2281 (Aguiar-R) - Public Works: Prevailing Wages Reforms the method of paying required prevailing wages on public works projects. Also appropriates $1.3 million from the General Fund for the support of the Department of Industrial Relations for the 1996-97 fiscal year in augmentation of the Budget Act of 1996. (Died on Senate Inactive File) AB 2441 (House-R) - Public Works: Prevailing Wages Increases the threshold, from $1,000 to $100,000, for payment of prevailing wages for specified public works projects. Also repeals the definition of a labor compliance program and enforcement provisions. (Died in Assembly Labor and Employment Committee) AB 2473 (Kuehl-D) - Employment: Discrimination: Sexual Orientation Clarifies existing law with respect to the rights and remedies that an employee aggrieved by unlawful discrimination or different treatment under provisions related to discrimination based on sexual orientation may pursue, and specifies the types of damages that an employee so aggrieved may seek in a civil action. (Died in Assembly Judiciary Committee) AB 2504 (Ackerman-R) - Employment: Ergonomic Standards Repeals the requirement that the Occupational Safety and Health Standards Board adopt minimum standards for ergonomics in the workplace designed to minimize repetitive motion injuries. (Died in Senate Industrial Relations Committee) AB 2509 (House-R) - Wage Orders: Managerial Employees Exempts employers from paying premium overtime if the employee's primary duties are managerial and the employee earns over $25,000 per year. (Died in Senate Industrial Relations Committee) AB 2600 (Baugh-R) - Employment: Minimum Wage Repeals the requirement that a handicapped worker obtain a certificate from the Division of Labor Standards Enforcement (DLSE) prior to obtaining employment which pays a sub- minimum wage. Specifically, eliminates DLSE involvement in the process of handicapped persons obtaining sub-minimum wage employment, leaving the certification process to the federal Fair Labor Standards Act. (Died on Assembly Inactive File) AB 2717 (House-R) - Agricultural Labor Representation Establishes conditions under which agricultural employers could petition for decertification of a representative labor organization. (Died in Assembly Appropriations Committee) AB 2791 (Baldwin-R) - Minimum Wage: Deduction of Gratuities Permits employers to deduct gratuities from the minimum wage otherwise due an employee, up to the amount permitted in federal law. (Failed passage in Assembly Appropriations Committee) AB 2901 (Vasconcellos-D) - Employment Development Requires the Employment Development Department to convene a Task Force on Industry Skills Standards, comprised of representatives from education, business and labor, to establish industry-specific skill standards and to develop a plan for instilling these standards in California's work force. (Failed passage in Assembly Appropriations Committee) AB 3037 (Cannella-D) - Smoking in the Workplace Extends the exemption to tobacco use in bars, game rooms and taverns, from January 1, 1997 to January 1, 1998. Chapter 989, Statutes of 1996 AB 3055 (Baugh-R) - Employees: Loss of Future Earnings Limits damages for wrongful employment termination to 1 year of compensation, including wages and benefits, other than actions for breach of a contract for a fixed term, including collective bargaining contracts. Does not apply to actions brought under workers' compensation laws. (Failed passage on Assembly Floor) AB 3087 (House-R) - Taxation: Employees Establishes criteria under which service providers would be treated as independent contractors instead of employees. Sets forth specific factors for determining that a worker is an independent contractor and not an employee. Provides that if the factors are met, the service provider is not an employee, the recipient of the service is not an employer and the payor of the services is not the employer. (Failed passage in Senate Industrial Relations Committee) AB 3134 (Firestone-R) - Employment: Hearing Officers: Final Orders Extends to 45 days the 30-day time period by which the Occupational Safety and Health Appeals Board must issue an order of reconsideration. (Failed passage in Senate Industrial Relations Committee) AB 3293 (Brewer-R) - Employment: Hazardous Substances Repeals the requirement that a manufacturer of substances deemed hazardous under the Hazardous Substances Information and Training Act prepare and provide a material safety data sheet to the Department of Industrial Relations. (Failed passage in Senate Industrial Relations Committee) AB 3460 (Baldwin-R) - Public Works: Contractors Requires any funds received by the California Apprenticeship Council to be deposited into the Apprenticeship Account, created by the bill. Requires monies in the account to be used upon appropriation, for the development of new and innovative apprenticeship programs. (Died in Assembly Labor and Employment Committee) AJR 17 (Napolitano-D) - Employment: Unauthorized Aliens Memorializes the federal Immigration and Naturalization Service to take appropriate action leading toward a memorandum of understanding with the California Labor Commissioner regarding sharing information about employers who have been fined, imprisoned or cited pursuant to violations of the federal Immigration Reform and Control Act and who have not paid the fine or completed the prison term, or whose citation has not expired. (Died in Assembly Appropriations Committee) NOTE: Proposition 210, which will be voted upon in the 1996 general election, raises the state's minimum wage from $4.25 per hour to $5 per hour on March 1, 1997 and then up to $5.75 per hour on March 1, 1998. Workers' Compensation SB 245 (Peace-D) - Workers' Compensation Provides that the penalty for providing false or fraudulent information in specified workers' compensation cases is a "wobbler" for anyone who knew, or should be reasonably expected to have known, of the obligation to secure the payment of compensation. (Died on Senate Inactive File awaiting concurrence in Assembly amendments) SB 425 (Petris-D) - Workers' Compensation: Appeals Board Decisions Requires the Workers' Compensation Appeals Board to issue a decision within 90 days after a petition for reconsideration, and prohibits members of the board from receiving their salaries if any decision is not issued within the 90-day period. (Died in Assembly Insurance Committee) SB 460 (Johannessen-R) - Workers' Compensation Authorizes collective bargaining agreements that establish a dispute resolution process for workers' compensation instead of a hearing and other alternative workers' compensation programs between a private employer or group of employers engaged in manufacturing and a union that is the recognized or certified exclusive bargaining representative. (Failed passage in Senate Industrial Relations Committee) SB 590 (Marks-D) - Workers' Compensation Extends existing law which provides workers' compensation for health care workers who suffer side effects from necessary immunizations to specified persons employed in law enforcement and firefighting. (Died in Assembly Appropriations Committee) SB 622 (Peace-D) - Workers' Compensation: Managed Care Establishes guidelines for becoming a health care organization (HCO) and authorizes the Administrative Director of the Division of Workers' Compensation to certify entities as HCOs. Specifies the period of medical control over employees who choose treatment under an HCO. (Died on Assembly Inactive File) SB 1216 (Solis-D) - Workers' Compensation: Treating Physicians Clarifies existing law to provide that a physician who is designated by the primary treating physician to render all opinions necessary to determine eligibility for workers' compensation benefits is also a treating physician. (Died in Assembly Insurance Committee) SB 1370 (Watson-D) - Workers' Compensation: Physicians Eliminates the repeal of a provision that defines an acupuncturist as a physician for purposes of treating employees under workers' compensation laws. Also provides that an acupuncturist is a treating provider and may treat injuries without a referral from a physician or prior approval from an employer unless required by a health care service plan. (Died in Assembly Insurance Committee) SB 1926 (Mountjoy-R) - Workers' Compensation: Permanent Disability Prohibits rating for permanent disability from being based on subjective factors; cuts in half compensation for ratings between 1% and 24%, and increases by 50% the compensation for ratings above 50%. (Failed passage in Senate Insurance Committee) AB 1 (Aguiar-R) - Workers' Compensation: Inmate Labor Makes most inmates of state and local correctional institutions and persons serving in work furlough and work release programs ineligible for workers' compensation, State Disability Insurance benefits and recoveries through tort actions for work-related injuries. (Failed passage in Senate Indutrial Relations Committee) AB 521 (Aguiar-R) - Workers' Compensation Adds prison guards, jail guards and correctional officers to the list of occupations where tuberculosis is considered a "presumed injury" for workers' compensation purposes. Chapter 802, Statutes of 1996 AB 591 (Mazzoni-D) - Workers' Compensation: Injury Provides that the term "injury," for purposes of workers' compensation relative to local firefighting and law enforcement personnel, includes hepatitis that develops or manifests itself during service. (Failed passage in Assembly Insurance Committee) AB 894 (Kaloogian-R) - Workers' Compensation: Rejection of Liability Extends the period for which a claim for workers' compensation benefits for an occupational disease or a cumulative injury is presumed to be compensable from 90 to 180 days, if the employer fails to specifically reject liability within that period. (Failed passage in Senate Industrial Relations Committee) AB 1002 (Burton-D) - Workers' Compensation: Acupuncturists Extends the sunset date of a provision that defines an acupuncturist as a physician for purposes of treating employees under workers' compensation laws from January 1, 1997, to January 1, 1999. Chapter 26, Statutes of 1996 AB 1046 (Tucker-D) - Workers' Compensation Appeals Board: Hearings Requires the Workers' Compensation Appeals Board to serve a notice of hearing to all entities who have notified the appeals board that they have a statutory interest in a claim for compensation. (Died in Senate Appropriations Committee) AB 1105 (Mazzoni-D) - Workers' Compensation: Presumption for Hepatitis Provides that, if certain public safety officers develop or manifest hepatitis C, D, or E during a period of employment, it is presumed that the illness was caused by employment and is compensable for purposes of receiving workers' compensation benefits. (Died in Senate Industrial Relations Committee) AB 1106 (Aguiar-R) - Workers' Compensation: Health Care Revises the workers' compensation managed care program by (1) eliminating a requirement that employers contract with more than one health care organization (HCO), (2) increasing the period that health maintenance organizations control medical services to injured workers to a period of up to a year in all cases, (3) eliminating requirements that the HCOs provide programs to promote health and safety and early return to work and report evaluation information to the Division of Workers' Compensation, and (4) permitting the Administrative Director to approve certain HCOs that are also approved by the Department of Corporations. (Died in Senate Industrial Relations Committee) AB 1288 (Kaloogian-R) - Workers' Compensation: Stress Makes elected public officials ineligible for workers' compensation or state disability insurance benefits (SDI) for psychiatric injuries and physical injuries caused by stress, and makes employees ineligible for workers' compensation and SDI benefit for a psychiatric injury and physical injury caused by stress resulting from or connected to any criminal act. (Failed passage in Senate Industrial Relations Committee) AB 1394 (Poochigian-R) - Workers' Compensation: Referees Makes workers' compensation referees (administrative law judges) subject to appointment to 4-year terms contingent on the passage of a written examination; requires the referees to complete 12 hours of continuing education each year; codifies existing regulation regarding ethics standards with modification; and prescribes additional ethical standards applicable to the referees. (Failed passage in Senate Industrial Relations Committee) AB 1474 (Pringle-R) - Workers' Compensation: Treatment Extends the period of time that the employer controls the choice of a medical provider for an injured worker from 30 days to 1 year, unless the worker had pre-designated a physician. (Failed passage in Senate Industrial Relations Committee) AB 1477 (Harvey-R) - Workers' Compensation: Permanent Partial Disability Provides a rebuttable presumption that a prior injury to a particular body part, that resulted in a permanent partial disability award with respect to that body part, is a preexisting condition for purposes of any later injury to that body part. (Failed passage in Senate Industrial Relations Committee) AB 1650 (Morrissey-R) - Workers' Compensation Permits workers' compensation insurers or self-insured employers to provide workers who receive temporary disability benefits a notice that states that acceptance of employment that requires activities they state they cannot perform due to injury could constitute fraud and result in prosecution. Chapter 1005, Statutes of 1996 AB 1749 (Knowles-R) - Workers' Compensation Makes various changes to the vocational rehabilitation plan implementation for injured workers. (Died in Senate Industrial Relations Committee) AB 1750 (Knowles-R) - Workers' Compensation Specifies that when payment of compensation under the workers' compensation law has been unreasonably delayed or refused, the penalty will be 25% or $500, whichever is greater, for that portion of the award that was unreasonably delayed (current law specifies the penalty is the full amount of the award increased by 10%). (Died in Senate Industrial Relations Committee) AB 1859 (V. Brown-D) - Administrative Regulations: Division of Workers' Compensation Makes the Division of Workers' Compensation subject to the Administrative Procedures Act for purposes of promulgating regulations. Chapter 14, Statutes of 1996 AB 2062 (K. Murray-D) - Workers' Compensation: Death Benefits: Statute of Limitations Provides that proceedings to collect benefits must be initiated within 1 year of an HIV-related death of a medical health worker or public safety employee. (Died in Assembly Appropriations Committee) AB 2123 (Mazzoni-D) - Workers' Compensation Extends the rebuttable presumption for hepatitis C, D, or E to local sheriff's office personnel, district attorney staff, police , firefighters, and Department of Forestry and Fire Protection personnel whose principal duties are non clerical and fall within active law enforcement or firefighting service. (Died in Assembly Appropriations Committee) AB 2225 (Bowler-R) - Workers' Compensation Adds prison guards, jail guards and correctional officers to the list of occupations where tuberculosis is considered a "presumed injury" for workers' compensation purposes. (Died in Senate Appropriations Committee) AB 2399 (Miller-R) - Workers' Compensation: Negotiated Benefits Extends to the grocery industry the alternative workers' compensation programs that are permitted to be defined and administered through the collective bargaining process. (Failed passage in Senate Industrial Relations Committee) AB 2505 (Ackerman-R) - Workers' Compensation Abolishes the Commission on Health and Safety and Workers' Compensation on January 1, 1997. Transfers civil and administrative penalty monies currently deposited in the Workplace Health and Safety Revolving Fund into the Workers' Compensation Fraud Account in the Insurance Fund. (Died in Assembly Insurance Committee) AB 2540 (Knowles-R) - Workers' Compensation: Permanent Disability Repeals a provision of existing law that requires permanent disability ratings to be adjusted for the age and occupation of the workers and to consider his or her diminished capacity to compete on the open labor market. Repeals the authority of the Administrative Director of the Division of Workers' Compensation to adopt and revise a schedule for the determination of the percentage of permanent disabilities. Establishes a pilot program for using functional capacity evaluations to determine permanent disability impairment applicable only to unrepresented workers who are seeking advisory or informal hearings. (Died in Senate Industrial Relations Committee) AB 2634 (Burton-D) - Workers' Compensation: Painters Adds painters to those persons for whom cancer, which occurs during employment, is an injury under the workers' compensation law. (Failed passage in Assembly Insurance Committee) AB 2695 (Bordonaro-R) - Workers' Compensation Provides that no compensation shall be paid for a psychiatric injury, except that compensation would be allowed if the employee is a safety officer, as defined, or for other employees if the injury is caused by a violent crime, as specified. (Died in Assembly Insurance Committee) AB 3213 (Baugh-R) - Workers' Compensation Specifies that only aliens legally present in the United States are eligible for workers' compensation benefits. (Failed passage on Assembly Floor) AB 3236 (Knowles-R) - Workers' Compensation: Noncompensable Injury Prohibits any person, private entity, or governmental agency from obtaining individually identifiable information maintained by the Division of Workers' Compensation, except under very restricted circumstances. (Died in Senate Industrial Relations Committee) AB 3308 (Gallegos-D) - Workers' Compensation: Late Payments Provides that if an employer contests the billing of medical treatment on the grounds that the employer is not liable, as specified, any properly documented amount not paid within 30 days after an order finding liability against an employer shall be increased by an additional 10%. Provides that submission of a bill for audit does not extend the amount of time to pay the bill, and makes conforming changes. (Failed passage in Assembly Insurance Committee) AB 3385 (Brulte-R) - Workers' Compensation: Attorney Referral Prohibits employees of the Department of Industrial Relations from referring injured workers, employers, lien claimants or other interested parties to an attorney unless the department registers as a referral service with the California State Bar. (Failed passage in Senate Industrial Relations Committee) AB 3388 (Brewer-R) - Workers' Compensation: Medical Fee Schedule Repeals a provision requiring the workers' compensation medical fee schedule to include hospital fees. (Failed passage in Senate Industrial Relations Committee) AB 3450 (Brewer-R) - Workers' Compensation: Experience Rating Plans Requires the Insurance Commissioner to conduct an analysis of the workers' compensation experience rating plan to determine if it still meets its objectives under the new open competitive rating law. (Died in Senate Industrial Relations Committee) Unemployment Insurance SB 542 (Rosenthal-D) - Maximum Disability Benefits Increases the maximum weekly state disability insurance benefit from $336 to $406. (Failed passage in Assembly Insurance Committee) SB 1473 (Johnson-R) - Unemployment Insurance Eliminates receipt of unemployment insurance benefits in conjunction with holiday pay. (Failed passage in Senate Industrial Relations Committee) SB 1524* (Johnston-D) - Unemployment Insurance Adds an additional criteria which allows an employee to participate in training funded through the Employment Training Fund. Requires the Employment Development Department (EDD) to submit a report to the Legislature by January 1, 1999 which compares the wages for persons attending approved training to the wages of a control group. Also requires EDD to provide wage record information to the Department of Developmental Services for third-party billing purposes and conforms state law to federal law regarding the ability of claimants to have federal income tax withheld from unemployment compensation. Chapter 1124, Statutes of 1996 SB 1548 (Johnston-D) - Unemployment Insurance: Retraining Benefits Extends the sunset on the California Training Benefits program to January 1, 1999, deletes specific reporting requirements, and adds a new reporting requirement. (Died in Senate Appropriations Committee) SB 1843 (Solis-D) - Unemployment Insurance Establishes a new civil penalty equal to 100% of any unpaid taxes applicable to "money laundering schemes" that are designed to hide the payment of wages in cash. Chapter 1116, Statutes of 1996 SB 1965 (Marks-D) - Unemployment Insurance: Waiting Period Eliminates the first week of waiting time for unemployment insurance benefits for employees locked out in a labor dispute by their employer. (Failed passage in Assembly Insurance Committee) AB 201 (Sweeney-R) - Disability Insurance Increases the maximum weekly state disability insurance benefit from $336 to $406. (Sent to Assembly Insurance Committee due to an Assembly Rule 77.2 violation; failed passage in committee) AB 525 (Aguiar-R) - Unemployment Insurance: Taxicab Drivers Amends the Unemployment Insurance Code to specify under what conditions a fixed fee lease taxicab driver is considered an independent contractor and exempt from the definition of employment. (Died in Senate Industrial Relations Committee) AB 801 (Boland-R) - Disability Compensation: Voluntary Plans Revises the criteria for approval and employee opt-out of voluntary plans. (Failed passage in Senate Industrial Relations Committee) AB 1167 (Boland-R) - Real Estate Appraisers: Employment Status Excludes real estate appraisers who perform work under specific conditions from the definition of "employment" with respect to unemployment and disability benefits. (Died on Assembly Unfinished Business File) AB 1288 (Kaloogian-R) - Disability Makes elected public officials ineligible for workers' compensation or state disability benefits (SDI) for psychiatric injuries and physical injuries caused by stress, and makes employees ineligible for workers' compensation and SDI benefit for a psychiatric injury and physical injury caused by stress resulting from or connected to any criminal act. (Failed passage in Senate Industrial Relations Committee) AB 2261 (Takasugi-R) - Unemployment Compensation Provides that unemployment benefits or payments improperly paid by the Employment Development Department (EDD) shall not be charged to a "reimbursable" employer but shall, instead, be paid for from EDD's support budget. Specifically precludes such payments from being covered from the Unemployment Insurance Fund. Also, extends, from 10 to 12 days, the timeline for an employer to respond to an EDD notice of a new claim and provides that this timeline may be extended for good cause. (Died in Assembly Appropriations Committee) AB 2498 (Kuykendall-R) - Employment Taxes: Settlements and Penalty Enhancements Makes administrative changes in the tax collection procedures of the Employment Development Department and the release of information to other agencies; also lessens sanctions imposed upon delinquent employers who have shown good faith and increases those sanctions upon employees who have filed false claims. (Failed passage in Senate Industrial Relations Committee) AB 2929 (Baugh-R) - Unemployment Compensation Employers may permanently elect to establish a guaranteed employment account (GEA) for the benefit of employees, in lieu of paying mandatory contributions to the Unemployment Insurance fund. Under a GEA, non-probationary employees not terminated for cause are guaranteed 50 weeks of employment at 20 hours per week, in lieu of an immediate layoff. (Died in Senate Industrial Relations Committee) AB 2979 (Speier-D) - Unemployment Compensation: Domestic Service Allows employers of domestic service workers to file information required by the Employment Development Department by telephone, and to pay required contributions by credit card. Chapter 255, Statutes of 1996 AB 3185 (Martinez-D) - Unemployment Insurance: Educational Employees Provides that the prohibition on payment of benefits between 2 succeeding academic years does not apply to unemployment compensation benefits payable on or after January 1, 1997 to certain educational employees who perform duties that are not instructional, research, or principal administrative. (Failed passage in Assembly Insurance Committee) Financial Institutions SB 141* (Beverly-R) - Limited Liability Companies Makes various substantive and technical revisions to the Limited Liability Company Act (the purpose of the bill is to make various "cleanup" changes to the Act enacted in 1994). Chapter 57, Statutes of 1996 SB 261* (Beverly-R) - Securities Makes various changes to the Corporate Securities Law, including providing exemptions from the review and approval process of the Department of Corporations for employee stock purchase and stock option plans and specified small business securities, as well as making other technical changes. Chapter 41, Statutes of 1996 SB 411* (Calderon-D) - Residential Mortgage Lending Provides circumstances under which residential mortgage lenders may act as real estate loan brokers. Chapter 19, Statutes of 1996 SB 616 (Marks-D) - Financial Institutions: Consumer Fees Prohibits financial institutions from charging and collecting deposit item return fees from consumers who deposit checks that are subsequently not honored due to insufficient funds. (Failed passage in Senate Finance, Investment and International Trade Committee) SB 1440 (Killea-I) - Banks: Regulation Imposes a 2-year sunset restriction on regulations adopted by the State Superintendent of Banks to conform state regulatory practices to changes in federal law, and makes related changes. Chapter 1112, Statutes of 1996 SB 1495 (Lewis-R) - Loans: Credit Insurance Provides that when a licensee under the California Finance Lenders Law sells credit insurance, it must file a notice of such sale and the rates charged with the Commissioner of Corporations prior to the offer or sale of the credit insurance. Chapter 107, Statutes of 1996 SB 1539 (Johnson-R) - Industrial Loan Companies Clarifies the investment authority of industrial loan companies (also known as thrift and loan companies) to specify that legal investments include the capital stock, obligations or other securities of 1 or more corporations, subject to specified rules and orders. Chapter 223, Statutes of 1996 SB 1552 (Wright-R) - Industrial Loan Companies: Loans Allows the Corporations Commission to authorize industrial loan companies to make out-of-state loans of up to 40% of assets, instead of the current 30%. Chapter 110, Statutes of 1996 SB 1722 (Killea) - Corporate Securities Law of 1968 Provides for the regulation of "financial planners" under the same regulatory scheme as investment advisors. Chapter 631, Statutes of 1996 SB 1729 (Thompson-D) - Corporations: Securities Exempts from the "qualification" process under the Corporate Securities Law, the offer and sale of securities of investment companies (mutual funds) registered under the Investment Company Act of 1940. Chapter 268, Statutes of 1996 SB 1816 (Lewis-R) - Industrial Loan Companies Allows an industrial loan company (also known as a thrift and loan company) to purchase a life insurance policy on behalf of an officer or director as part of the employee benefit plan package. Chapter 225, Statutes of 1996 SB 1890 (Calderon-D) - Industrial Loan Companies Makes adjustments to the loan-to-value ratio as it relates to security requirements for loans made by industrial loan companies (also known as thrift and loan companies). Chapter 227, Statutes of 1996 SB 1930 (Russell-R) - Industrial Loan Companies Allows a maximum term of up to 15 years and 30 days for a non- consumer loan secured primarily by personal property and made by industrial loan companies (also known as thrift and loan companies). Specifies that the term of a real property secured, non-consumer loan will have the term specified in the Financial Code. Chapter 106, Statutes of 1996 SB 2148 (Alquist-D) - Financial Institutions Provides for the creation of a universally available, low-cost "consumer checking account" at all banks, savings and loans, thrifts and credit unions in California (Failed passage in Senate Finance, Investment and International Trade Committee) SJR 39 (Solis-D) - Foreign Investment: Investor Visa Program Requests the President and Congress to reduce the current investment threshold under the United States Investor Visa Program to allow greater flexibility in focusing investment funds to address specified economic needs. Resolution Chapter 28, Statutes of 1996 AB 775 (Aguiar-R) - Escrow Agents' Fidelity Corporation Amends the Escrow Law to revise existing advertising requirements and licensure statement requirements of independent escrow agents. Chapter 459, Statutes of 1996 AB 1239 (Goldsmith-R) - Securities: Rollup Transactions Provides that the rights of limited partners in a rollup transaction shall be presumed not to be protected if the general partner proposes to convert contingent interests or fees into noncontingent interest or fees, or proposes to receive a noncontingent equity interest in exchange for fees for services that have not yet been provided. Also deletes an exclusion from the definition of "rollup transaction." (Died in Senate Finance, Investments and International Trade Committee) AB 1646 (Conroy-R) - Escrow Makes various changes to the regulation and administration of the escrow agent industry, including changing the methodology used by the Department of Corporations for the assessment of escrow licensees. Chapter 670, Statutes of 1996 AB 1696 (Johnson-R) - Industrial Loan Companies: Authorized Investment of Funds Prohibits a bank holding company or other holding company from another state from acquiring control of specified industrial loan companies without the approval of the Commissioner of Corporations. Prohibits the acquisition of recently created industrial loan companies, as specified. Authorizes an industrial loan company to act as an agent of an industrial loan company or bank under certain conditions. Authorizes the merger or consolidation of an industrial loan company with an out-of-state industrial loan company or bank. Provides for the merger or consolidation of industrial loan companies and banks, as specified. Requires the commissioner to advise those officials prior to commencing any enforcement action against a survivor financial institution. Authorizes an industrial loan company to establish and maintain branch offices outside this state, subject to prior approval of the commissioner. (Died in Assembly Banking and Finance Committee) AB 2313 (Takasugi-R) - Industrial Loan Companies: Securities Transactions Authorizes an industrial loan company (also known as a thrift and loan company) to sell certain securities without the direct approval of the Corporations Commissioner. Chapter 467, Statutes of 1996 AB 2436 (Boland-R) - Escrow Agents' Fidelity Corporation Makes changes to existing law regarding the Escrow Agents' Fidelity Corporation (EAFC) related to EAFC certificates issued for escrow company employees and the assessment date of EAFC members. Chapter 1010, Statutes of 1996 AB 2439 (Villaraigosa-D) - Financial Institutions Requires banks, savings associations and credit unions to make checking accounts available to all natural persons, and limits the fees on those accounts. (Failed passage in Assembly Banking and Finance Committee) AB 2440 (Villaraigosa-D) - Financial Institutions: Closures Imposes requirements relating to the movement or closure of branch offices and the transfer of customer accounts on state- chartered banks and savings and loans prior to approval being granted by state regulatory authorities for such movement or closure. (Failed passage in Assembly Banking and Finance Committee) AB 2464 (Goldsmith-R) - Community Development and Financial Institutions Requires the Secretary of the Trade and Commerce Agency to prepare a report for submission to the Legislature by January 10, 1997 with respect to the federal Community Development Financial Institutions Program and whether a similar program should be created at the state level. Vetoed by the Governor AB 2465 (Goldsmith-R) - Corporate Securities Law of 1968 Revises the state securities laws to promote small business capital formation, and increases enforcement against fraudulent sales of securities. (Failed passage in Senate Finance, Investments and International Trade Committee) AB 2500 (Kuykendall-R) - Corporations: Securities Amends the Security Owners Protection Law to repeal the licensing and enforcement provisions administered by the Department of Corporations and replace them with a specific statutory regulatory scheme and stronger criminal penalties. Chapter 458, Statutes of 1996 AB 2618* (Assembly Banking and Finance Committee) - Financial Institutions Makes substantive and technical changes to the Interstate Banking and Branching Act (contains cleanup legislation for the interstate banking law enacted in 1995). Chapter 887, Statutes of 1996 AB 2919 (Weggeland-R) - Nonprofit and Cooperative Corporations Amends the state's nonprofit corporation laws to include provisions from a model nonprofit corporation act adopted by the American Bar Association, and authorizes the Secretary of State to waive penalties in special cases for the failure by nonprofit corporations to file annual statements within specified deadlines. Chapter 589, Statutes of 1996 AB 3012 (Kuykendall-R) - Financial Institutions Contains the State Banking Department's regulatory relief and streamlining bill. Reduces the State Banking Department's regulatory responsibilities in several areas, including conducting annual bank examinations, requiring reserves and reviewing changes in bank practice or location. Also reduces the department's fees. Chapter 1063, Statutes of 1996 AB 3061 (Weggeland-R) - Corporations: Securities Provides for miscellaneous technical changes to the Corporations Code relating to disclosure of sales of franchises and sales of convertible shares. Chapter 477, Statutes of 1996 AB 3115 (Gallegos-D) - Loans Makes several changes to the California Finance Lenders Law as it relates to loan sales made by brokers and finance lenders. Chapter 672, Statutes of 1996 AB 3260 (Richter-R) - Travelers Checks and Payment Instruments Includes within the definition of "eligible securities" (securities which issuers of travelers checks and money orders are required to hold in trust) the following: accounts due under specified conditions, and shares of an investment company that is an open- end management company, as specified. Chapter 859, Statutes of 1996 AB 3335 (Granlund-R) - Credit Unions: Supervisory Committee Clarifies the role of a supervisory committee within the internal governance structure of a state chartered credit union. Specifically, clarifies that the role of the statutorily created supervisory committee is to generally monitor the auditing, accounting and financial review functions of the credit union and to safeguard against fraud and self-dealing. Chapter 330, Statutes of 1996 AB 3342 (Knowles-R) - Real Property Securities Dealers Eliminates the Department of Real Estate's regulating responsibilities for real property securities dealers, and provides that the Department of Corporations shall assume the regulatory duties. Chapter 592, Statutes of 1996 AB 3351 (Weggeland-R) - Financial Institutions Creates a new state department, the Department of Financial Institutions, and consolidates in it the regulatory activities of various financial institutions. (Although this bill significantly changes the structure of banking regulation in California, it does not substantially change state regulatory policy.) Chapter 1064, Statutes of 1996 AB 3366 (Knox-D) - ATM Surcharge Disclosure Requires point-of-transaction disclosure of surcharges and fees charged for automated teller machine (ATM) transactions. Specifically requires that operators of ATMs disclose electronically "front-end" surcharges or fees-for-service and gives the user an opportunity to cancel the transaction prior to the imposition of the surcharge or fee and gives the customer notice regarding the possible imposition of a back-end fee by his or her own bank. Chapter 98, Statutes of 1996 Miscellaneous SB 141* (Beverly-R) - Limited Liability Partnership Corrects various inconsistencies existing in the Limited Liability Partnership Act. Replaces certain unanimous member voting provisions with majority voting provisions; enacts provisions designed to permit family-held companies to avoid certain tax consequences under federal estate and gift tax rules, and changes the forms to be filed upon dissolution. Chapter 57, Statutes of 1996 SB 806 (Monteith-R) - Unruh Civil Rights Act: Nonprofits Exempts churches and tax-exempt nonprofit organizations whose primary purpose is religious, charitable, or for the advancement of social welfare, from the Unruh Civil Rights Act, except to the extent of, and as to, business-like activities of the organizations. (Died in Senate Judiciary Committee) SB 873 (Russell-R) - Mediation Provides for the certification of individuals who meet certain education and training requirements, and who also wish to hold themselves out to the public as a Certified Mediator, as specified. (Died in Senate Judiciary Committee) SB 1052 (Solis-D) - Contractors Provides free access to licensees' place of business by the Contractors' State License Board in order to prohibit unlicensed activity, as specified. (Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee) SB 1112 (Polanco-D) - Garment Manufacturing Allows the State Labor Commissioner to grant registration extensions under certain circumstances to garment manufacturers, and requires the commissioner to notify all registrants of the need to re-register within 90 days prior to the expiration of an existing registration. Chapter 619, Statutes of 1996 SB 1353* (Solis-D) - Garment Manufacturers Appropriates $2.5 million from the Employment Development ContingencUSINESS AND LABOR NOTE: *DENOTES URGENCY LEGISLATION Economic Development SB 420* (Alquist- (Died in Assembly Labor and Employment Committee) SB 1375 (Peace-D) - Security Services: Police Officers Requires the licensure of peace officers who contract to provide security services or who contract as an armed investigator, as specified. Chapter 710, Statutes of 1996 SB 1401 (Ayala-D) - Athlete Agents Makes various cleanup changes to AB 1987 (Miller-R) concerning athlete agents. Chapter 858, Statutes of 1996 SB 1456 (Kelley-R) - Repossessors Allows repossessors to request written authorization for the release of property not covered by a security interest to someone other than the debtor and makes other changes to Collection Agency Law. Chapter 624, Statutes of 1996 SB 1486 (Calderon-D) - Asbestos Contractors Delineates the circumstances under which a licensed contractor or registered asbestos contractor meeting certain training requirements is authorized to take samples of suspected asbestos- containing materials. Allows those contractors to receive compensation for preparing bids for asbestos abatement services. Chapter 526, Statutes of 1996 SB 1538 (Johnson-R) - Business Regulation: Hours of Operation Prohibits a city or county from adopting an ordinance or regulation that discontinues a legal, nonconforming use of a restaurant or retail food establishment or limits the manner or hours of operation of a lawfully established and operating restaurant or retail food establishment, on or after June 1, 1996, unless specified conditions are met. (Died in Senate Housing and Land Use Committee) SB 1546 (Lewis-R) - Structural Pest Control Makes various revisions to existing law relative to subcontracting of pest control services, inspection report notices and certificates of fumigation, as specified. Chapter 398, Statutes of 1996 SB 1557 (Mountjoy-R) - Contractors Provides cleanup and technical changes to the Contractors' License Law relating to penalties for nonpayment of subcontractors, duplication of official copies of building plans by local agencies, and penalties for installing or removing underground storage tanks without certification. Chapter 712, Statutes of 1996 SB 1597 (Hurtt-R) - Contractors Requires the Contractors' State Licensing Board to reduce the amount of licensing fees collected by the board, as specified. Chapter 528, Statutes of 1996 SB 1607 (Leslie-R) - Architects Makes various changes to the Architects Practice Act relating to responsible control, grounds for discipline, examination fees, and makes other clarifying and conforming changes. Chapter 184, Statutes of 1996 SB 1609 (Petris-D) - Barbering and Cosmetology Makes numerous technical changes to the Barbering and Cosmetology Act and adds a provision to ensure that an applicant for licensure is not subject to unreasonable delay solely because the applicant does not have a social security number. (Died on Assembly Inactive File) SB 1680 (Hughes-D) - Barbering and Cosmetology Allows the Department of Consumer Affairs to create a curriculum council to serve the Board of Barbering and Cosmetology as an advisory body on issues of curriculum, testing, and related issues in this profession. (Died in Senate Business and Professions Committee) Similar legislation was SB 2094 (Haynes-R) which also died in the Senate Business and Professions Committee. SB 2031 (Ayala-D) - Professional Boards and Commissions Extends the sunset dates for the State Board of Accountancy, the Board of Registration for Geologists and Geophysicists, the Court Reporters Board, and the State Athletic Commission, as specified. Chapter 1136, Statutes of 1996 AB 583 (Sher-D) - Partnerships Repeals the Uniform Partnership Act and replaces it with the Revised Uniform Partnership Act. Chapter 1003, Statutes of 1996 AB 679 (Conroy-R) - Electricians Requires the State Fire Marshal, with the advice of the State Board of Fire Services, to establish minimum standards and institute a program of training and competency for electricians, other than licensed contractors. (Died in Assembly Governmental Organization Committee) AB 1096 (Ducheny-D) - Dry Cleaners Requires each person who supplies dry cleaning solvent to a dry cleaning facility to pay a fee to the State Board of Equalization for deposit in the Soil and Groundwater Reclamation and Protection Trust Fund. Creates the Drycleaners Response Board, as specified. (Died in Assembly Appropriations Committee) AB 1260 (Machado-D) - Accountants Requires the State Board of Accountancy to maintain a register of licensees, revises continuing education requirements, and makes clarifying and technical changes to the Accountancy Law. Chapter 639, Statutes of 1996 AB 1455 (Cortese-RFM) - Contractors Allows the State Contractors' License Board, by regulation, to limit a general building contractor from performing work comprising less than 3 unrelated trades. Vetoed by the Governor AB 1915 (V. Brown-D) - Contractors Requires the Contractors' State License Board to develop criteria to certify that a contractor has necessary work experience and knowledge to satisfactorily perform a public works contract. (Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee) AB 1987 (Miller-R) - Athlete Agents: Contracts Enacts a comprehensive set of provisions governing the conduct and practice of individuals who work as athlete agents. A companion bill is SB 1401 (Ayala). Chapter 857, Statutes of 1996 AB 2171 (Davis-D) - Architects Allows the California Board of Architectural Examiners to adopt by regulation rules for professional conduct. Chapter 321, Statutes of 1996 AB 2174 (Margett-R) - Corporations: Commodities Repeals industry filing and agency listing requirements under the California Commodity Law (CCL) and changes the funding source used to enforce the CCL. Chapter 466, Statutes of 1996 AB 2233 (W. Murray-D) - Cemeteries Provides that a cemetery authority may be required to appoint a sole, qualified trustee in circumstances of its failure to file a report concerning the condition of its endowment care fund or of an endowment care fund that is not in compliance with the law. Chapter 370, Statutes of 1996 AB 2238 (W. Murray-D) - Private Cemeteries Provides that existing law not be construed to allow a private cemetery to discriminate, as specified. Chapter 769, Statutes of 1996 AB 2401 (Miller-R) - Limited Liability Companies Allows real estate brokers, engineers, architects, and surveyors to form and operate Limited Liability Companies (LLCs). Expands existing law by allowing LLCs to register as licensees under the Contractors' State License Law. (Failed passage in Senate Business and Professions Committee) AB 2472 (Hoge-R) - Boxing Requires an individual applying for a boxing license or martial arts fighter to provide the California Athletic Commission with proof of a negative test result for HIV and for hepatitis type B. Chapter 376, Statutes of 1996 AB 2560 (Setencich-R) - Boxing: Pension Fund Requires the State Athletic Commission to establish a new methodology for financing the professional boxers' pension fund, including designation of those who contribute to the fund. Chapter 377, Statutes of 1996 AB 2645 (Morrissey-R) - Security Services: Firearms Allows firearms qualification cards to be issued for 2 years to private security guards and security personnel employed by private alarm companies and provides for a commensurate fee increase. Chapter 734, Statutes of 1996 AB 2676 (Pringle-R) - Accountants Requires licensees of the State Board of Accountancy to report to the board conviction of certain crimes, disciplinary actions against their license by another state or country, or their right to practice before any governmental agency. Chapter 430, Statutes of 1996 AB 2823 (Harvey-R) - Business License Requires a city or county, before it issues a business license to a contractor, to verify the contractor is licensed by the Contractors' State License Board. Chapter 936, Statutes of 1996 AB 3473 (Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee) - Department of Consumer Affairs Makes numerous changes to the Business and Professions Code with regard to the Department of Consumer Affairs, its programs and the boards under its jurisdiction. Chapter 829, Statutes of 1996
