BILL NUMBER: AB 1287	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 8, 2005

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

    An act to amend Sections 3098.5 and 3252 of, and to add
Section 3098.1 to, the Civil Code, relating to payment bonds.
  An act to add Section 1812.89.5 to the Civil Code,
relating to health studios. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1287, as amended, Evans   Payment bonds.  
Health studios.  
   Existing law sets forth provisions governing contracts for health
studio services. Existing law also specifies that all persons within
California, regardless of their sex, are entitled to the full and
equal accommodations, advantages, facilities, privileges, or services
in all business establishments of every kind whatsoever.  
   This bill would authorize a health studio to limit access to
persons of a single gender for certain areas where equipment for
physical exercise is used or classes for physical exercise
instruction are conducted. This bill would also prohibit a health
studio from limiting access to persons of a single gender in other
areas of a health studio, such as dining areas, bars, seating areas,
retail sales areas, and sports courts. The bill would also include a
statement of legislative intent.   
   Existing law defines a preliminary 20-day notice (public works) as
a written notice from a claimant that was given prior to the
assertion of a claim against a payment bond or the filing of a stop
work notice on public work, and is required to be given under
specified circumstances.  
   This bill would revise the definition of a preliminary 20-day
notice (public work) to delete the requirement that the written
notice from a claimant be given prior to the assertion of a claim
against a payment bond, and would establish a separate provision
governing a preliminary 20-day bond notice, as specified. 

   Existing law requires with regard to a contract entered into on or
after January 1, 1995, in order to enforce a claim upon any payment
bond given in connection with a public work, a claimant shall give
the 20-day public works preliminary bond notice as provided in the
definition of a preliminary 20-day notice public work. Existing law
also provides that if the 20-day public work preliminary bond notice
was not given pursuant to the conditions set forth under that
definition, a claimant may enforce a claim by giving written notice
to the surety and the bond principal, as specified, within 15 days
after recordation of a notice of completion. However, if no notice of
completion has been recorded, the time for giving written notice to
the surety and the bond principal is extended to 75 days after
completion of the work of improvement.  
   This bill would delete the latter requirements with regard to a
failure to meet the conditions set forth under the definition of a
preliminary 20-day notice public work, and instead require a claimant
to give 20-day notice under the new definition of a preliminary
20-day bond notice (public work) in order to enforce a claim upon a
payment bond given in connection with a public work pursuant to a
contract entered into on or after January 1, 1995. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


   SECTION 1.    (a) The Legislature finds and declares
the following:  
   (1) California is facing a widespread obesity epidemic. A report
released in 2001 by the California Department of Health Services
found that 4.7 million Californians, approximately 19 percent of the
state population, are obese, while only 43 percent of adults
maintained a healthy weight.  
   (2) Numerous studies demonstrate that people who exercise
regularly are significantly less likely to suffer from heart disease,
hypertension, diabetes, arthritis, stroke, various forms of cancer,
osteoporosis, depression, and anxiety than those who lead sedentary
lives.  
   (3) The California health club industry operates over 3,000 health
clubs and serves over six million Californians. Many Californians
want to improve their health through regular exercise but are
uncomfortable in a co-ed health club setting. As a result, single
gender health and fitness facilities have become increasingly popular
with these individuals, the majority of whom are women.  
   (4) Individuals who join single gender health clubs join for a
variety of reasons. Some are experiencing or recovering from health
issues, such as pregnancy or cancer, and desire an environment that
protects their privacy.  Other members are victims of domestic
violence, physical abuse, or sexual abuse and need a safe atmosphere
where they can regain their confidence and physical strength. Others
simply are more comfortable and more motivated to exercise in an
environment where only those of the same gender are present.
Increasing numbers of senior citizens are also choosing to work out
in a single gender environment.  
   (b) There is an overriding state and public interest for
Californians to have a place to regularly exercise in which they are
comfortable and do not feel threatened.  
   (c) It is the intent of the Legislature to protect the lawful
operation of single gender health clubs and to avoid diminishing any
constitutionally protected rights by ensuring that this act would be
applied narrowly. 
   SEC. 2.    Section 1812.89.5 is added to the 
 Civil Code   , to read:  
   1812.89.5.  A health studio may limit access to persons of a
single gender, if the limitations on access apply only to areas of
the health studio where equipment for physical exercise and
instruction are used, or to classes in which physical exercise and
instruction are conducted. A health studio may not limit access to
persons of a single gender in other areas of a health studio, such as
dining areas, bars, seating areas, retail sales areas, and sports
courts.    All matter omitted in this version of the bill
appears in the bill as introduced in Assembly, 2/22/05 (JR11)