CSPE actively advocates on behalf of Professional Engineers on a variety of issues.  See CSPE’s Legislative Issue Agenda for an overview of topics.  In addition, as a member of the California Legislative Council of Professional Engineers (CLCPE), CSPE sponsors legislation that promotes and improves professional engineering in California.

All California Legislative Sessions run in a two year period.  See the California Legislature’s calendar. 

The new legislative session (2007-2008) began in January 2007. 

Week Ending June 13, 2008

Attorney’s Fees for Victorious “Public Interest” Plaintiffs Passes Assembly Judiciary Committee

A CJAC-opposed bill, SB 1113, passed the Assembly Judiciary Committee this week. The bill would allow the award of expert witness fees and other “nonstatutory” costs to a victorious plaintiff in the enforcement of certain “public interest” cases. Current law already allows attorney’s fees in cases which vindicate a “public” right or interest. The bill is authored by Senator Carole Migden (D-San Francisco).  A copy of CJAC’s letter of opposition can be found on our web site.

Joint and Several Liability for Advisers on Independent Contractor Status Pulled from Assembly Judiciary Committee

Senate Bill 1583, authored by Senator Ellen Corbett (D-San Leandro), was scheduled to be heard this week in the Assembly Judiciary Committee, but was pulled and re-scheduled for next week. The bill, which CJAC opposes, would create unjustified liability for non-attorneys who knowingly advise an employer that a person is an independent contractor when that person is later determined to be an employee. The bill is particularly unfair considering the complexity of the law defining independent contractors. A copy of CJAC’s letter of opposition can be found on our web site.

Anti-Arbitration Bill Passes Senate Human Services Committee

CJAC is opposed to AB 2947, which passed the Senate Human Services Committee this week. The bill, authored by Mike Eng (D-Monterey Park), prohibits arbitration agreements between elders and their long-term care facilities. The bill was amended, but its effect is still the same as it relates to arbitration. It was amended and expanded to require that waiver of legal rights, duties, remedies, forums, or procedures under the act by an elder or dependent adult is voluntary and not made as a condition to admission to or continuing care at a residential care facility. The author claims that the bill is intended to reduce elder abuse but nowhere establishes how prohibiting arbitration helps prevent elder abuse. The bill would not help elders, only lawyers. The bill will next go to the Senate Judiciary Committee.

Bill to Change Appeal of Decision To Seal Records Passes Senate Judiciary Committee

This week, AB 2379, authored by Assemblywoman Noreen Evans (D-Napa), which CJAC opposes, passed the Senate Judiciary Committee. The bill would significantly change civil procedure regarding appeals for sealing court records. Current law recognizes the vital interests in sealing private documents, and balances those interests with direct appellate review, to ensure fairness for both sides. Under current law, if a trial court declines to seal confidential records, a party has the right to appeal that decision. This bill would remove the direct appeals review and only allow review by a discretionary writ – which the appellate court may or may not choose to hear. This change could leave confidential information exposed without any means to have a higher court review the trial court’s decision.  A previous version of the bill also provided an incentive to request the opening of sealed court records by providing attorney’s fees to any victorious plaintiff, but that provision has been removed.

Bill to Impose Strict Liability on Underground National Gas Storage Facilities to Assembly Judiciary Committee

Senate Bill 1700, which CJAC opposes, is scheduled to be heard Monday, June 16 in the Assembly Utilities and Commerce Committee. The bill, authored by Darrell Steinberg (D-Sacramento), would impair California’s ability to use green energy by imposing unjustified strict liability on underground natural gas storage facilities located in urban areas under residential properties. CJAC argues that strict liability should be reserved for incidents involving ultra-hazardous dangerous substances, such as dynamite, and not natural gas, which is commonly used for energy.

Contact: Kim Stone

1201 K Street, Suite 1850, Sacramento, CA  95814 - 916-443-4900 - Fax 916-443-4306

www.cjac.org

Bill Summary October 2007