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Legislative Bill Action <br />................................ ............................... <br />The following are summaries of just a few of the legislative bills that are currently being acted upon <br />by the League of California Cities. For more information about these and other bills, please visit <br />the League website's new "Issues and Advocacy" page (www.cacities.org/ <br />issuesandadvocacy) — a one -stop location to access information about legislation, policy issues <br />and related developments. You can track information on bills ( www. cacities .org /legislativesearch), <br />locate legislators and legislative committees, send letters to legislators or the media through the <br />online Advocacy Center, research League policy positions, access useful related links, and much <br />more. <br />TRANSPORTATION AND PUBLIC WORKS <br />AB 1333 (Spitzer). Mechanic's Liens. <br />Design Professionals. AB 1333 permits a <br />contract between a design professional and a <br />consultant of the design professional to contain an <br />enforceable pay -if -paid provision if mechanics' lien <br />rights are not available. Staff: Natasha Fooman, <br />Status: AsJud; Hrg -4/1, Position: Review and <br />Comment. <br />AB 453 (Yee). Public Works Contracts. <br />Compensation of Contractors. AB 453 <br />provides that when a project for the construc- <br />tion, alteration, repair or improvement of any <br />structure, building, road or other improvement is <br />competitively bid and a protest is made, the <br />contract may be entered into pending final deci- <br />sion on the protest. If the contract is later deter- <br />mined to be invalid due to a defect or defects in <br />the competitive bid process, this bill entitles the <br />contractor who entered into the contract with the <br />public entity to be paid the reasonable cost, <br />specifically excluding profit, of the labor, equip- <br />ment, materials and services furnished by the <br />contractor prior to the date of the determination, <br />subject to conditions. Staff: Natasha Fooman, <br />Status: AsBus &Prof, Position: Review and <br />Comment. <br />AB 473 (Correa). Contractors. AB 473 <br />provides for the revocation of a contractors li- <br />cense within 90 days (existing law is 30), and <br />authorizes the registrar - if there is good cause - <br />to delay the revocation for not more than one year <br />under certain conditions. Authorizes an arbitrator <br />to grant any remedy or relief deemed just and <br />equitable and within the scope of the board's <br />referral to the arbitrator, including specific perfor- <br />mance of a contract as well as monetary dam- <br />ages. AB 473 deletes the ability of an arbitrator to <br />order specific performance of a contract. Re- <br />quires the board to pay expenses only if the board <br />determines that the services of the expert witness <br />are necessary, instead of simply on request which <br />is current law. Staff: Natasha Fooman, Status: <br />AsBus &Prof; Hrg -4/1, Position: Review and <br />Comment. <br />AB 972 (Correa). False Claims. AB 972 <br />authorizes a political subdivision to file a civil <br />action only if it concludes as a result of an investi- <br />gation that there is a reasonable, good faith belief <br />that a violation of the act has occurred or is <br />occurring, and that filing the action would not be in <br />retaliation for a contractor's good faith dispute. AB <br />972 also requires the court to award the defendant <br />its reasonable attorney's fees and expenses if the <br />defendant prevails and the court finds that the <br />claim was brought in retaliation for a contractor's <br />good faith dispute. Staff: Natasha Fooman, <br />Status: AsJud, Position: Review and Comment. <br />SB 179 (Alarcon). Contracts for Labor or <br />Services. SB 179 would make subject to liability <br />and specified civil penalties any person or entity <br />who enters into a labor contract for construction <br />farm labor, garment, janitorial or security guard <br />services, when the person or entity knows or <br />should know that the contract does not provide <br />sufficient funds to allow the labor contractor to <br />Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS /PAGE 9 <br />