BILL NUMBER: SB 1434	CHAPTERED  06/29/00

	CHAPTER   49
	FILED WITH SECRETARY OF STATE   JUNE 29, 2000
	APPROVED BY GOVERNOR   JUNE 28, 2000
	PASSED THE ASSEMBLY   JUNE 19, 2000
	PASSED THE SENATE   APRIL 6, 2000
	AMENDED IN SENATE   MARCH 22, 2000

INTRODUCED BY   Senator Alarcon

                        FEBRUARY 3, 2000

   An act to amend Section 19826 of the Health and Safety Code,
relating to building permits.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1434, Alarcon.  Building permits.
   Existing law prohibits a city or county from issuing a building
permit without a properly executed declaration by the owner,
applicant, contractor, or agent of the owner, contractor, or
applicant.
   This bill would provide that a properly executed declaration may
include a declaration signed and transmitted by facsimile or other
electronic means.  It would also provide that an application for a
building permit shall be construed as a "transaction" and all
declarations required shall be construed as records under the Uniform
Electronic Transactions Act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19826 of the Health and Safety Code is amended
to read:
   19826.  (a) No city or county, whether general law or chartered,
shall issue a building permit which does not contain all applicable
declarations required by Section 19825 properly executed by the
owner, applicant, contractor, or agent of the owner, contractor, or
applicant.  The properly executed declarations shall be a condition
for issuance of the building permit.  A properly executed declaration
may include a declaration signed and transmitted by facsimile or
other electronic means.  However, no city or county or its employees
shall be responsible for determining the truth or accuracy of the
declarations, and no monetary liability on the part of, and no cause
of action for damages against them, shall arise from their failure to
verify the truth or accuracy of the declarations.
   (b) A city or county may require that within 15 days of issuance,
the issuing agency of the city or county deliver copies of all
building permits to the assessor of the county.
   (c) For purposes of this section, an "application for a building
permit" shall be construed as a "transaction" and all declarations
required shall be construed as "records" under Title 2.5 (commencing
with Section 1633.1) of Part 2 of Division 3 of the Civil Code.