Legislative Report February 2009

San Mateo County
Chamber of Commerce Alliance

Legislative Report:

1.         ACA 8 (Jeffries) Meetings of the Legislature

2.         SB 39 (Benoit) Personal Liability Immunity

3.         Housing State Tax Credit

Prepared by:

Shaun Lumachi

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562.843.0947

Legislative Report

Summary

1. ACA 8 is an Assembly Constitutional Amendment that would require committees or the Legislature to post an agenda containing a description of each item that is to be considered by legislators.

Background

2. Introduced on January 12, 2009 ACA 8 would amend the Constitution of the State.

3. Requires a two-thirds vote in both houses of the legislature and passage by a majority of California voters.

4. Would require public disclosure of a writing provided to the members of the Legislature or a committee in connection with the agenda items.

5. Items that are considered in closed session would also have to be posted.

6. Provides an opportunity for members of the public to directly address the committee or the Legislature on an item(s) of interest to the public.

Arguments in Support

7. ACA 8 would allow the public and/or concerned organizations to have a 72 hour notice on any issue before the legislature could take action.

Arguments in Opposition

8. ACA 8 could hinder the process of Government at the state level when deciding on issues that require the Legislature to act swiftly for the interest of the public.

Supporting/Opposing

No supporting or opposing organizations at this time.

Summary

1. Enacts the Good Samaritan Act and provides that any person, who renders emergency medical or nonmedical care at the scene of an emergency, shall not be liable for any civil damages resulting for any act or omission.

Background

2. In late 2008, the California Supreme Court handed down a ruling that created a shortfall in legal protections for Good Samaritans.

3. In a 4-3 decision, the court decided that the state’s Good Samaritan Law, written in 1980, only shields people from liability if they are giving medical, not general, care in an emergency.

4. SB 39 would make technical changes to the original law to allow for general care and would overturn the Court’s decision.

5. SB 39 also keeps intact original language that still allows for prosecution of individual who render emergency medical or nonmedical that act in bad faith and for compensation.

Arguments in Support

6. SB 39 would help to alleviate frivolous lawsuits that would otherwise tie up the court system in California and help protect the original intent of the Good Samaritan Act.

Arguments in Opposition

7. Reduces the amount of compensation one would received if a Good Samaritan did indeed acted in good faith however the individuals still sustained injury during the emergency.

Supporting

21 Legislators as co-authors

Ventura County Star Newspaper

Opposing

No official opposition at this time.

Summary

1. The California Building Industry Association (BIA) is looking for support and is in the process of finalizing language that will be incorporated into bill form.

Background

2. New home buyers will receive a tax credit of up to $10,000 (up to 5% of purchase price) for the purchase of a new home over the next year.

3. The home must be newly constructed, unsold single-family home, used as principal residence for at least one year.

4. Taxpayers apply the credit to offset their state income taxes.

5. According to the former Director of the California Department of Finance, on average, every home built in California generates $16,000 in state revenues and another $3,000 in revenues for local governments.

6. After providing the $10,000 tax credit, each new home constructed will net a positive $6,000 in additional state revenues.

7. Additionally, buyers won’t claim the tax credit until 2010, but the new home construction generated will occur immediately.

8. Lastly, no checks will be written from the state, so no revenue will “come out” of state coffers.

9. The credit is more than offset by the new revenues the housing construction will generate.

Supporting

California Building Industry Association

Opposing

No official opposition at this time.