ASSOCIATES MEMBERS COLUMNlapfca.org/newsletters/2009/lapfca_news_09_aug-sep.pdf · 2013-03-14 · 8...

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8 Dunn-Edwards Paints Since 1925, Dunn-Edwards Corpo- ration has been the leading manufac- turer and supplier of architectural and industrial coatings in the Southwest, providing a complete line of paints and painting supplies to professionals and quality-conscious consumers. Dunn-Edwards paints are manufac- tured exclusively in the Southwest and formulated specifically for the climate of the Southwest. From the hot, arid deserts of Arizona and Nevada, to the cool, moist seacoast of California, Dunn-Edwards paints are uniquely for- mulated to withstand the elements, and protect and beautify a wide variety of architectural surfaces. With the introduction of the Perfect Palette color system in 2004, Dunn- Edwards leads the industry with the most complete color program available. LAP&FCA’s contact for Dunn-Edwards is John Tripp (310-729-9214) Frazee Paint Frazee Paint is a leading manu- facturer and retailer of paints and coatings serving customers through- out California, Arizona and Nevada. Frazee is dedicated to ongoing tech- nological innovation and its products provide superior performance with specific formulations designed to meet the climatic conditions in the Southwestern U.S. Through over 125 locations, Fra- zee’s people are painting experts and are committed to providing superior customer service. This combination of excellent product performance, outstanding customer service and overall painting expertise ensures that Frazee Paint will deliver the best possible painting performance. LAP&FCA’s contact for Frazee is Tammy Englebretson (626-396-1142) ICI Paints ICI Paints produces some of the world’s top paint and decorative Mazzeo's enjoying a wonderful chapter event at Dodger Stadium in June. Jo and Paul (standing) with grandchild and Debbie (seated). ASSOCIATES MEMBERS COLUMN In a continuing series of providing an overview of LAP&FCA Associate Member Companies, beginning with Vista Paint last month, we are featuring 4 more outstanding member companies this month. Information was obtained from the respective members’ websites. LAP&FCA does not favor one company over the other. product brands. Our aim is to in- spire consumers to transform their surroundings with performance products and color. The critical suc- cess factors of growth for ICI Paints are the deployment of new technol- ogy, innovation and the successful marketing and promotion of key brands. The Paints business is headquar- tered in Slough, UK. Major manu- facturing facilities are located in the USA, UK, Brazil, Argentina, Ger- many, the Netherlands, France, China, India and Malaysia. ICI employ’s around 60,000 peo- ple in more than 80 countries and are committed to developing inno- vative products and cutting-edge technologies, with a heavy empha- sis on sustainability. ICI has the scale and expertise to deliver what- ever their customers require, wher- ever and whenever they need it. LAP&FCA’s contact for ICI is Jennifer Silva (323-620-0307) Sherwin-Williams Since its founding in 1866, the Sherwin-Williams Company has not only grown to be the largest pro- ducer of paints and coatings in the United States, but is among the largest producers in the world. For more than 135 years, we have been determined to lead our industry, to manufacturer and market innovative products of superior quality, to op- erate a safe, clean and friendly workplace, and to observe the high- est ethical standards in business conduct. The pursuit of excellence is a commitment, not an achievement. This commitment is a vital part of the Sherwin-Williams culture. It is a pledge that joins every Sherwin- Williams employee. LAP&FCA’s contact for Sherwin-Williams is Kevin Mayer (818-458-2103) Held in Monterey from July 9-11, 2009 Welcoming reception “on the beach” - July 9. A number of informational meet- ings were well attended on July 10. The following committee meet- ings, open to all, were: Wallcover- ing, General Insurance, Legisla- tive, Apprenticeship, State Com- mittee of Union Contractors, Asso- ciate, Group Comp. Insurance & Safety, Contractor Education. An Executive Board Meeting (open to all), concluded the Mid- Year Board Special guest, Richard Greene (new PDCA CEO) attended and spoke on Saturday morning. 1106 Colorado Blvd., Los Angeles, California 90041 Phone: (323)258-8136 Fax: (323)258-2279 Website: www.lapfca.org Presidents Article 2 Calendar 3 Legislative News 4-5 Bohn Award 2010 6 Congressional Alert 7 HIGHLIGHTS OF PDCC MID-YEAR BOARD MEETING August/September 2009 INDEX 3M's Mark Egan and Laura Levenhagen, Don Vulich, Mac McGinnes, David McLean, and Robert Stewart at a recent LAP&FCA Membership Meeting on Training at the Beckham Grill in Pasadena. LAP&FCA is well represented on the executive board with many members also chairing or serving on committees. Terry Osburn serves as Vice President, Steve Edgar as Sgt. At Arms and on the SCUC and Membership Committees, J.R. Grzeskowiak and Mac McGinnes Legislative Committee, Don Vulich SCUC Chairman and General In- surance Committee, David McLean and Brett Bender on the Wallcovering Committee. SCUC Committee Highlights follow: New Collective Bargaining Agree - ments in Southern and Northern California: DC#36 1 year contract (July 1, 2009 to June 30, 2010) 87 cent increase: 27 cents to Pen- sion Fund: 20 cents to Appren- ticeship: 40 cents to Health & Welfare No Base Wage increase A new separate Industrial Cur- riculum has been developed and is awaiting formal approval at the State level. DC#16 2 year contract $1.50 increase per year in 6 month increments STARS Safety Program ap- proved (25 cents per hour) Apprenticeship program is under -funded due to hours being down. Estimated decline in Hours for the 3 areas in California are: Los Angeles: 16-17% Fresno: 33% San Francisco 20% Continued on page 7

Transcript of ASSOCIATES MEMBERS COLUMNlapfca.org/newsletters/2009/lapfca_news_09_aug-sep.pdf · 2013-03-14 · 8...

Page 1: ASSOCIATES MEMBERS COLUMNlapfca.org/newsletters/2009/lapfca_news_09_aug-sep.pdf · 2013-03-14 · 8 Dunn-Edwards Paints Since 1925, Dunn-Edwards Corpo-ration has been the leading

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Dunn-Edwards Paints Since 1925, Dunn-Edwards Corpo-

ration has been the leading manufac-

turer and supplier of architectural and

industrial coatings in the Southwest,

providing a complete line of paints and

painting supplies to professionals and

quality-conscious consumers.

Dunn-Edwards paints are manufac-

tured exclusively in the Southwest and

formulated specifically for the climate

of the Southwest. From the hot, arid

deserts of Arizona and Nevada, to the

cool, moist seacoast of California,

Dunn-Edwards paints are uniquely for-

mulated to withstand the elements, and

protect and beautify a wide variety of

architectural surfaces.

With the introduction of the Perfect

Palette color system in 2004, Dunn-

Edwards leads the industry with the

most complete color program

available.

LAP&FCA’s contact for Dunn-Edwards is

John Tripp (310-729-9214)

Frazee Paint Frazee Paint is a leading manu-

facturer and retailer of paints and

coatings serving customers through-

out California, Arizona and Nevada.

Frazee is dedicated to ongoing tech-

nological innovation and its products

provide superior performance with

specific formulations designed to

meet the climatic conditions in the

Southwestern U.S.

Through over 125 locations, Fra-

zee’s people are painting experts and

are committed to providing superior

customer service. This combination

of excellent product performance,

outstanding customer service and

overall painting expertise ensures

that Frazee Paint will deliver the best

possible painting performance.

LAP&FCA’s contact for Frazee is Tammy

Englebretson (626-396-1142)

ICI Paints ICI Paints produces some of the

world’s top paint and decorative

Mazzeo's enjoying a wonderful chapter event at Dodger Stadium in June. Jo and Paul

(standing) with grandchild and Debbie (seated).

ASSOCIATES MEMBERS COLUMN In a continuing series of providing an overview of LAP&FCA Associate Member Companies, beginning with Vista Paint last month, we are

featuring 4 more outstanding member companies this month. Information was obtained from the respective members’ websites.

LAP&FCA does not favor one company over the other.

product brands. Our aim is to in-

spire consumers to transform their

surroundings with performance

products and color. The critical suc-

cess factors of growth for ICI Paints

are the deployment of new technol-

ogy, innovation and the successful

marketing and promotion of key

brands.

The Paints business is headquar-

tered in Slough, UK. Major manu-

facturing facilities are located in the

USA, UK, Brazil, Argentina, Ger-

many, the Netherlands, France,

China, India and Malaysia.

ICI employ’s around 60,000 peo-

ple in more than 80 countries and

are committed to developing inno-

vative products and cutting-edge

technologies, with a heavy empha-

sis on sustainability. ICI has the

scale and expertise to deliver what-

ever their customers require, wher-

ever and whenever they need it.

LAP&FCA’s contact for ICI is Jennifer

Silva (323-620-0307)

Sherwin-Williams Since its founding in 1866, the

Sherwin-Williams Company has not

only grown to be the largest pro-

ducer of paints and coatings in the

United States, but is among the

largest producers in the world. For

more than 135 years, we have been

determined to lead our industry, to

manufacturer and market innovative

products of superior quality, to op-

erate a safe, clean and friendly

workplace, and to observe the high-

est ethical standards in business

conduct.

The pursuit of excellence is a

commitment, not an achievement.

This commitment is a vital part of

the Sherwin-Williams culture. It is a

pledge that joins every Sherwin-

Williams employee. LAP&FCA’s contact for Sherwin-Williams

is Kevin Mayer (818-458-2103)

Held in Monterey from

July 9-11, 2009

Welcoming reception “on the

beach” - July 9.

A number of informational meet-

ings were well attended on July 10.

The following committee meet-

ings, open to all, were: Wallcover-

ing, General Insurance, Legisla-

tive, Apprenticeship, State Com-

mittee of Union Contractors, Asso-

ciate, Group Comp. Insurance &

Safety, Contractor Education.

An Executive Board Meeting

(open to all), concluded the Mid-

Year Board

Special guest, Richard Greene

(new PDCA CEO) attended and

spoke on Saturday morning.

1106 Colorado Blvd., Los Angeles, California 90041 Phone: (323)258-8136 Fax: (323)258-2279 Website: www.lapfca.org

Presidents Article 2 Calendar 3 Legislative News 4-5

Bohn Award 2010 6

Congressional Alert 7

HIGHLIGHTS OF PDCC MID-YEAR BOARD MEETING

August/September 2009

INDEX

3M's Mark Egan and Laura Levenhagen, Don Vulich, Mac McGinnes, David

McLean, and Robert Stewart at a recent LAP&FCA Membership Meeting on

Training at the Beckham Grill in Pasadena.

LAP&FCA is well represented on

the executive board with many

members also chairing or serving on

committees. Terry Osburn serves as

Vice President, Steve Edgar as Sgt.

At Arms and on the SCUC and

Membership Committees, J.R.

Grzeskowiak and Mac McGinnes –

Legislative Committee, Don Vulich

– SCUC Chairman and General In-

surance Committee, David McLean

and Brett Bender on the

Wallcovering Committee.

SCUC Committee Highlights

follow:

New Collective Bargaining Agree

- ments in Southern and Northern

California:

DC#36 – 1 year contract

(July 1, 2009 to June 30, 2010)

87 cent increase: 27 cents to Pen-

sion Fund: 20 cents to Appren-

ticeship: 40 cents to Health &

Welfare

No Base Wage increase

A new separate Industrial Cur-

riculum has been developed and

is awaiting formal approval at

the State level.

DC#16 – 2 year contract

$1.50 increase per year in 6

month increments

STARS Safety Program ap-

proved (25 cents per hour)

Apprenticeship program is under

-funded due to hours being

down. Estimated decline in

Hours for the 3 areas in

California are:

Los Angeles: 16-17%

Fresno: 33%

San Francisco 20% Continued on page 7

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President’s Corner Our Executive Director, Greg

Quinn was watching an action movie

on TV over a recent weekend which

happened to feature the actor Chuck

Norris. Greg mentioned that his mov-

ies always have a consistent theme of

good triumphing over evil. He always

plays the “good guy”, and like the

westerns many of us grew up with, are

simple but refreshing. Not knowing a

great deal about him Greg did a little

research about his life on the internet

and learned that his success was really

an example of the American dream.

Growing up in Oklahoma of little

means, his mother and her three sons

moved to California when Chuck was

a teenager and he ended up enlisting in

the Air Force. He was assigned to an

Air Force base in Korea where in his

off duty time he began training in the

martial arts which changed his life

forever. Upon returning to America he

had the discipline and work ethic to

become the best he could over several

years of training and competition (with

some defeats), which led him to be-

coming the professional middleweight

Karate champion and later a successful

movie career. What really caught

Greg’s attention was the personal code

of honor that he lives by and that he

taught to all of his students who

learned the martial art Chun Kuk Do,

which he created. The rules to live by

are:

I will develop myself to the maxi-

mum of my potential in all ways

I will forget the mistakes of the

past and press on to greater

achievements

I will continually work at develop-

ing love, happiness and loyalty in

my family

I will look for the good in all people

and make them feel worthwhile

If I have nothing good to say about a

person, I will say nothing

I will always be as enthusiastic about

the success of others as I am about

my own

I will maintain an attitude of open-

mindedness

I will maintain respect for those in

authority and demonstrate this re-

spect at all times.

I will always remain loyal to God,

my country, family and my friends

I will remain highly goal-oriented

throughout my life because that

positive attitude helps my family,

my country and myself.

In today’s society, it seems as if there

is a growing lack of these characteristics.

Sadly, society teaches that you must “get

all you can”, “look out for yourself first”,

“the only way you can be successful is at

the expense of others”. We as employers

are having to become the mentors and

examples of the up-coming generation to

teach them the moral principles that will

help them to be successful in life.

During these challenging and difficult

times, we can all look at these character-

istics and ask ourselves if we possess

some of the attributes that has helped

Mr. Norris to be successful and may help

us to teach others as well. As you know

by now, we have a new one year contract

(Master Labor Agreement) with a total

package increase of 87 cents apportioned

as follows: Effective August 1, 2009:

increase of 47 cents Pension Fund: 27

cents: Apprenticeship 20 cents

Effective January 1, 2010: increase of 40

cents going to Health & Welfare. In my

last article, I laid out the reasons for the

increases and believe they are worth re-peating. It had been a particularly diffi-

Terry Osburn

cult negotiations due to a number of fac-

tors, including external, which have de-

manded increases in some areas that are

frankly painful in such a depressed econ-

omy. The need to add cents per hour to

the Health Plan are essential due to the

losses realized as a result of market de-

clines and the tremendous rise in premi-

ums by all health providers. The need to

add cents per hour to the Apprenticeship

School are two-fold: One, the school is

anticipating operating under a substantial

deficit due to declining revenues as a

result of declining hours and reduced

outside funding from LAUSD etc. Sec-

ond, the school is the largest training

facility nationally under IUPAT and it is

critical that the school is adequately

funded to train the type of employee who

can be a credit to the employer he/she

works for. Finally, the Pension Plan

needs an increase in cents per hour as

mandated by law, since the plan was hit

particularly hard by the market decline.

We are also required to increase the

wages for apprentices as mandated by

the Department of Apprenticeship Stan-

dards.. Our next Chapter Membership

Meeting will be on Tuesday September

15 at the Beckham Grill in Pasadena

from 11:30 a.m. to 1:00 p.m. and we are

pleased to have Bill Crawford as our

guest speaker who will bring us up to

date on the New Laws/Regulations. I

hope to see all of you there!

7

INFOLINE Congressional Alert! Ask your Senators and Representa-

tives to Oppose Small Business Em-

ployer Exemptions in the Proposed

Health Care Reform Legislation

As FCA and LAP&FCA contractors,

are you angry that you have to compete

against other contractors who do not pro-

vide health care coverage for their em-

ployees? We know you are, so FCA noti-

fied Congress on your behalf of our op-

position to exempting small businesses

from the health care legislation propos-

als. You need to contact your U.S. Sena-

tors and Representatives now (phone or e

mail is fine) as they are in their home

districts until September 4.

Tell them to “strongly support small

business employers who have been pro-

viding health care for their employees

for decades by including an employer

mandate with “pay or play” provisions

without any final health care legisla-

tion’” Also tell them that “A require-

ment for every employer to provide

health care would create the widest pos-

sible coverage at the least cost to the

government without disrupting the cov-

erage of workers who now receive their

health care benefits from their

employers.”

Contact Senator Boxer at (213) 894-

5000. You can submit an E mail mes-

sage to her by typing

www.boxer.senate.gov Click on contact

me, Click on E mail and submit your

comments.

Contact Senator Feinstein at (310)

914-7300. You can submit an E mail

message to her by typing

www.feinsten.senate.gov Click on con-

tact us, Click on E mail and submit your

comments.

To contact your Representatives type

www.leginfo.ca.gov and clicking on

Your Legislators. Exempting small busi-

nesses employers as currently proposed

(payrolls under $500,000 or with fewer

than 20 employees which constitutes 80-

90% of all construction contractors)

would: (1) create a massive loophole in

any health reform package (2) maintain

the competitive advantage held by these

contractors who do not provide health

care (3) Impede the reductions in pre-

mium costs that could be realized from

more widespread coverage of individuals

and their families.

IUPAT “Contractor Day”

on August 27

IUPAT General President Jimmy Wil-

liams is inviting Contractors to a spe-

cial day set aside for them in recogni-

tion of the importance of growing labor

-management cooperating on August

27, 2009 in Las Vegas. IUPAT is hold-

ing its 30th General Convention at

Bally’s Resort and Casino from

August 24-28.

The day is free to all signatory finish-

ing contractors and includes the pro-

gram and lunch with the IUPAT Ex-

ecutive Board. However, you are re-

sponsible for overnight accommoda-

tions. A Registration Form is included

in this mailing for your convenience.

LAP&FCA Annual Holiday Event –

November 21 on Queen Mary

The grandest of all ocean liners, The

Queen Mary in Long Beach, will play

host to the 18th edition of the

LAP&FCA Holiday-Charity Event on

Saturday evening November 21.

Tibbies “Great American Cabaret” will

provide the entertainment for the entire

evening. The extravagant Broadway-

Cabaret show which has received rave

reviews from local critics, will be an

evening you will not want to miss.

FIF-5 – November 15-18 in

Las Vegas

The fifth annual LMCI Finishing In-

dustries Forum (FIF) will be held at

Caesars Palace in Las Vegas from No-

vember 15-18, 2009. This year’s FIF is

an extensive event, made up of plenary

sessions and industry workshops fea-

turing inspiring keynote speakers. The

industry workshops are conducted by

experts and designed to address current

issues. Secondly, FIF provides you

with the opportunity to network with

your peers, industry professionals, and

gain valuable knowledge about issues

facing our industries.

You can register online at

www.lmcionline.org or call LMCI toll

free at 1-888-934-6474.

STP1 Class September 17-19

LMCI is holding Supervisor Training

Program I at the DC#36 Training

Center in Garden Grove beginning on

Thursday September 17 and conclud-

ing on Saturday September 19.

STP is Free for contractor’s signatory

with the IUPAT and is a valuable

learning experience for your current

foremen, future crew leaders, project

managers and estimators. At STP,

they learn how they assist your firm in

becoming more competitive, so your

company will preserve or regain mar-

ket share and increase profitability.

If you have any questions you may

call the LMCI office at 202-637-0798

or contact LMCI Industry Liaison

David Ottesen on line at

[email protected]

Continued from Page 1

Marketing Program in Los Angeles

A marketing professional was

hired (John Tenorio) with 3 main

goals: (1) Increase market share

(2) Distinguish differences be-

tween union and non-union

painters (3) Promote profession-

alism

New logo has been developed

and is used on all chapter corre-

spondence, flag etc. Brochure

(targeting general contractors) is

in the final stages of

development

The filming and script for the

production of a DVD (to be sent

to all end users) has begun

LAP&FCA Marketing program

is unique when compared to

other programs around the coun-

try in that it is totally directed

and financed by LAP&FCA.

Other Announcements

Chairman Don Vulich encour-

aged everyone to attend the IU-

PAT Contractor Day in Las

Vegas on August 27 and

PACE2010 in Phoenix,

February 7-10, 2010.

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6

James Bohn Memorial Award –

Submit Nominations by

September 30 The Los Angeles County Chapter

(LAP&FCA) first presented the James

J. Bohn Award at the 1989 California

Council Convention in Palm Springs.

The purpose of this award is to com-

memorate the unselfish service and

dedication that Jim Bohn gave to

PDCA without receiving any personal

gain or compensation. He gave of him-

self, his time and talents for the pure

joy of serving PDCA, an organization

which he truly loved and wanted to see

grow and prosper.

In addition to honoring Jim’s mem-

ory, the award is meant to recognize a

member of the California Council who

exemplifies the same devotion to

PDCA that Jim Bohn demonstrated

throughout his membership.

If any member or Chapter wishes to

make a nomination they may do so by

writing a letter outlining the reasons

the nominee should be considered to

the LAP&FCA Chapter Office (1106

Colorado Blvd., Los Angeles, CA

90041) no later than September 30,

2009. PDCA’s new CEO Richard

Greene has California Roots New National PDCA CEO Richard

Greene grew up in the Central Califor-

nia city of Lompoc, attended Cabrillo

High School and received his B.A.

from nearby Cal Poly San Luis Obispo.

He also holds an MBA in accounting.

Richard’s background includes over 14

years of association management ex-

Editorial Committee

Executive Director: Greg Quinn

Chapter President: Terry Osburn

Published by J.Q. Printing

LAP & FCA Chapter News is printed bi-monthly by the Los Angeles Painting and Finishing Contractors Association Inc.,

1106 Colorado Blvd. Los Angeles, CA 90041 (323)258-8136

While this newsletter is designed to provide accurate information and authoritative information on the subjects covered, the

Association is not engaged in rendering legal, accounting or other professional or technical services. Accordingly, the Asso-

ciation cannot warrant the accuracy of the information contained in the newsletter and disclaims any and all liability, which

may result from publication of, or reliance on the information provided herein. If legal advice or other expert assistance or

advice is required, the services of a competent professional person should be sought.

perience, three of those managing

a statewide construction trade as-

sociation. In Richard’s words, “I

am committed to the premise that

any and every association exists

to support its members. I will be

listening and learning what mem-

bers need. I will be creating and

strengthening current and new

relationships. I will be doing eve-

rything I can to take this organiza-

tion from good to great!”

Productivity Survey Saves

You Money – Deadline

extended to December 31 When it comes to your money,

why risk having to spend it on

claims when you don’t have to?

Participating in FCA’s Labor Pro-

ductivity Survey will make sure

you have the data you need to

LAP&FCA Board Member Bruce Morrow, Mark Chuplis of KM Industrial and

Chairman of FCA Industrial Advisory Committee, with LAP&FCA Vice-President

Steve Edgar at the FCA annual council meeting in San Diego this past June.

achieve early resolution without fil-

ing claims – negotiate, instead of

litigate disputes! The intent of the

survey is to push general contractors

and owners into early resolution of

disputes through negotiated changes

orders rather than through the claim

process, and ultimately lawsuits.

This survey will help you save

money and time on claims by analyz-

ing the factors common to jobs that

cost productivity in the finishing in-

dustry. The more contractors that

participate, the more accurately re-

sults show a fair representative sam-

pling from different trades. To

download the short double-sided

form (for 3 projects – one that went

well, one that was mediocre and one

that didn’t go well) go to

www.finishingcontractors.org

WHEN WHAT WHERE

August 27 IUPAT Contractor Day Bally’s

Las Vegas

September 1 Board Meeting Chapter Office

September 15 Membership Meeting Beckham Grill

Pasadena

September 17-19 LMCI STP1 DC#36 Training Center

Supervisor Training Program Garden Grove

No Cost other than your employee’s time

October 8-10 FCA Affiliate Executives Savannah, GA

Council Meeting

November 15-18 LMCI FIF Las Vegas

Caesar’s Palace

November 21 Holiday-Charity Event Queen Mary

Saturday Evening Tibbies Variety Show Long Beach

January 17-19 PDCC Annual Convention Pechanga Resort & Casino

Temecula

February 7-10 PACE2010 Phoenix AZ

Local Training Call 323-727-2811 Apprenticeship School

2077 Yates Ave.

Commerce, CA 90040

3

CALENDAR

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I place economy among the first and most

important of republican virtues, and the

public debt as the greatest dangers to be

feared…And to preserve our independ-

ence, we must not let our rulers load us

with perpetual debt Thomas Jefferson

From a letter to Governor Plumer on July 21, 1816

state The California Council PDCA

(PDCC) Legislative Committee

took the following positions on key

Bills at their meeting on July 10,

2009 at the Mid-Year Board Meet-

ing in Monterey. Dave Kappos

(Ventura, Sta. Barbara, and SLO) is

the Chairman of the committee and

was joined by J.R. Grzeskowiak and

Mac McGinnes of LAP&FCA, Mike

Mengarelli and Brad Horton (East

Bay). Frank Belt (Los Angeles) is the

Advisor.

Top 10 Bills with PDCC

Legislative Committees Position

AB370 (Eng D-Monterey Park)

Unlicensed Contractors

This bill would increase criminal

penalties for operating as an unli-

censed contractor from $4,000 to

$5,000 for a first conviction, and

$10,000 for a second offense.

SUPPORT

AB457 (Monning D-27)

Mechanic’s Liens

This bill revises Mechanic’s Lien

provisions regarding recordation of

claims and clarifies who may be

served a notice when an owner or

reputed owner of a property cannot

be served.

SUPPORT

AB1074 (Conway R-34)

Fraudulent License Numbers.

This bill would make it a crime for

any person to willfully and intention-

ally use, with the intent to defraud, any

number that does not correspond to the

number on a currently valid contrac-

tor’s license held by that person.

SUPPORT

AB1119 (Emmerson R-63)

Retention Proceeds

This bill would require all owners, in-

cluding a public utility or a state

agency, to release retention proceeds

upon demand within 30 days and

would cap retention at 5%.

SUPPORT

AB1343 (Huffman D-6)

Architectural Paint

This bill would create the architectural

paint recovery program and would re-

quire paint manufacturers to develop

and implement strategies to reduce the

generation of post-consumer paint.

WATCH

SB187 (Benoit R-37)

Flexible Work Hours

This bill would allow for flexible work

weeks of up to 10 hours per day,

within a 40 hour work week.

SUPPORT

SB258 (Oropeza D-28)

Public Works of Improvement

This bill would require the Contrac-

tor’s State License Board to issue a

special license to any licensed con-

tractor who performs public works of

improvement.

OPPOSE

SB389 (Negrete McLeod D-32)

Fingerprinting Requirements

This bill would require the finger-

printing and criminal background

checks of all businesses licensed by

various State Boards.

OPPOSE unless amended to include

the exemption of contractors

SB629 (Liu D-21)

Retention Proceeds

This bill would require all owners,

including a public utility or a state

agency, to release retention proceeds

upon demand within 30 days and

would cap retention at 5%

Note: this is a companion bill to

AB119

SUPPORT

SB773 (Steinberg D-6)

Workers Compensation

This bill would significantly increase

permanent partial disability benefits

for injured workers and roll back

some of the benefits of the 2004

Workers’ Compensation Reforms.

OPPOSE

Report on Day At The Capitol by

J.R. Grzeskowiak

J.R. Grzeskowiak gave an overview

4

LEGISLATIVE

NEWS

5

Chapter President Terry Osburn with new PDCA CEO Richard Greene in

Monterey attending the July PDCC Mid-Year Meeting.

DHS to implement the no-match rule,

but the fate of the legislation is

uncertain.

Congress Considers Requiring

Businesses to 1099 All Vendors

All businesses, including subcontrac-

tors, could soon be required to annually

send a 1099 form to every firm from

which they made a purchase, if the U.S.

Senate Finance Committee has its way.

One proposal would require all busi-

nesses to issue 1099’s to all service pro-

viders, even corporations, to which they

pay more than $600 annually. To issue

the 1099s, subcontractors would have to

collect a Taxpayer Identification Num-

ber for each 1099 recipient. Under cur-

rent law, payments to corporations, and

annual payments of less than $600 to

individuals providing services, normally

do not require subcontractors to issue

1099s. The political pressure to close

the perceived “tax gap” between income

reported to the Internal Revenue Service

vs. total actual income is so strong that

the finance committee is considering an

even more aggressive proposal. Under

this further proposal the IRS would re-

quire businesses to issue 1099s to sup-

pliers, not just service providers, and to

eliminate the $600 threshold. If adopted,

this effectively would mean that sub-

contractors would have to track all pay-

ments made to other businesses all year

long, collect the TIN numbers of

those businesses, and issue 1099s.

“This would place an outrageous

burden on businesses, particularly

small businesses, said American

Subcontractors Association 2009-

2010 President Darlene East”.

Proposed Rule Would Allow Pro-

ject Labor Agreements on Projects

Over $25 Million

On July 14, 2009, the federal acqui-

sition councils issued a notice of pro-

posed rulemaking to allow federal

agencies to use project labor agree-

ments on mega-construction projects

valued at $25 million or more. Be-

fore an agency could require a PLA,

it would have to decide whether a

PLA would “advance the Federal

Government’s interest in achieving

economy and efficiency in Federal

procurement” and “be consistent

with the law”. The proposed standard

defines a PLA as “a pre-hire collec-

tive bargaining agreement with one

or more labor organizations that es-

tablishes the terms and conditions of

employment for a specific construc-

tion project and is an agreement de-

scribed in 29 U.S.C. 158(f).” The

proposal implements Executive Or-

der 13502, which President Obama

issued in February to replace an ear-

lier order that banned PLAs. Source: ASA today, July 9 and July 16, 2009

of the annual day in which contractor

members of the Construction Indus-

try Council (CILC) met in Sacra-

mento to address legislation of im-

portance to construction contractors.

The morning session focused on

learning about key bills that were

later taken by attendees to the State

Capitol in the afternoon when they

meet with their elected representa-

tives.

Fund Raising by Frank Belt

Frank Belt said that the PDCC Politi-

cal Action Committee is looking for

ideas on how to raise necessary

funds and encouraged all to send him

any ideas they may have.

federal

DHS Plans To Abandon No-

Match Rule in Favor of

E-Verify Secretary of Homeland Security

Janet Napolitano announced on July

8, 2009, that the agency plans to re-

scind its controversial 2007 “No-

Match” rule, which would have

changed the current system of I-9

documentation and imposed new

responsibilities on employers when

their efforts to verify employees’

eligibility to work in the United

States resulted in a no-match letter or

notice from the government. Napoli-

tano said that the Obama administra-

tion instead favors a broader imple-

mentation of the E-Verify program

that DHS operates in partnership

with the Social Security Administra-

tion. In a public statement, DHS ex-

plained that “E-Verify addresses data

inaccuracies that can result in No-

Match letters in a timelier manner

and provide a more robust tool for

identifying unauthorized individuals

and combating illegal employment.”

Some federal legislators, led by

Senator David Vitter (R-LA), are

supporting legislation (amendment

1375 to HR 2892) that would force