BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1092
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: de leÓn
VERSION: 4/9/12
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: April 10, 2012
SUBJECT:
Brokers of construction trucking services: surety bonds
DESCRIPTION:
This bill requires that brokers of construction trucking
services provide written evidence to specified parties and in a
specified manner of possession of a valid surety bond.
ANALYSIS:
A broker of construction trucking services (broker) is someone
who arranges services from and is responsible for paying an
independent contractor who provides dump truck services (dump
truck operator). Existing law requires that a broker pay a dump
truck operator by the 25th day following the last day of the
month in which the dump truck provided services, provided that
the dump truck operator documents the charges, the dump truck
operator is properly permitted, and no dispute exists between
the two over the charges. If the broker does not pay in a
timely fashion, state law prescribes a penalty of two percent
per month of withheld charges.
Since 2011, existing law has required a broker to secure a
surety bond of not less than $15,000 to ensure that a contracted
dump truck operator receives payment, even if the broker fails
to pay the dump truck operator by the 25th day of the month
following when services were rendered. A broker who does not
secure this surety bond is guilty of a misdemeanor and subject
to a fine of up to $5,000.
This bill :
1.Requires a broker to post evidence of its bond to its website
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or annually to provide written evidence of the broker's surety
bond to a third-party nonprofit organization that is related
to the industry and regularly maintains a published database
of bonded brokers. The broker must remove the evidence from
its web site or notify the third party organization when its
surety bond expires or is canceled.
2.Prohibits a broker from engaging the services of any dump
truck operator unless prior to the commencement of work in
each calendar year, the broker first provides written evidence
of its valid surety bond to any person that hires the broker
to furnish construction transportation services and also to
the hired dump truck operator.
3.Defines "written evidence of the broker's valid surety bond"
as a copy of the bond, a certificate of insurance, a
continuation certificate, or other similar documentation
originally issued from the surety that includes the surety and
broker's name, bond number, and effective and expiration dates
of the bond.
COMMENTS:
Purpose . The author introduced this bill at the request of the
California Construction Trucking Association, which represents
construction-related trucking companies that operate fleets of
dump trucks. In 2010, the author and sponsor of the bill teamed
up on AB 145, Chapter 429, in response to reports from dump
truck operators that construction trucking brokers were engaging
in unscrupulous practices toward the dump truck operators whose
services they broker. AB 145 requires brokers of construction
trucking services to secure a surety of bond of $15,000 to
ensure payment of contracted dump truck operators.
The sponsor now reports that some unscrupulous, unprofessional
brokers are shirking their bonding responsibilities under AB
145. Specifically, these brokers have either failed to obtain a
bond or have refused to provide bond information to the dump
truck operators whose services they broker. AB 145 included no
affirmative obligation that brokers notify others of the bond
information. This bill addresses that problem by adding
notification requirements to the existing broker bond. By
creating easier access to a copy of the bond, a contracted dump
truck owner will know up front if in fact he or she is
contracting with a bonded broker. Moreover, if the dump truck
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operator has already completed the work for the broker and has
not been paid, he or she can easily access the bond information
in order to file a claim on the bond.
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 4,
2012)
SUPPORT: California Construction Trucking Association
(sponsor)
OPPOSED: None received.