CSAC Bulletin Article

AOJ Bills of Interest

April 29, 2016

Construction Contracts: Indemnity

SB 885 (Wolk) – Oppose
As Amended April 18, 2016

SB 885, by Senator Lois Wolk, would eliminate the ability of a public agency to contract with engineers and architects, known as design professionals, for upfront legal defense costs against claims related to a project’s design work. Under existing law, public agencies may exercise their right to place a clause in an agreement requiring the design professional to legally defend the public agency if a claim or lawsuit directly related to the negligence, willful misconduct, or recklessness of design services performed is filed against the agency. Current practice provides incentives and fosters an environment of collaboration between the public agency and the design professional to quickly resolve claims and limit defense costs. This bill aims to end that spirit of collaboration between the private and public sector and instead pit them against each other. SB 885 is set to be heard in the Senate Judiciary Committee on May 3rd.

 

Telecommunications: Major Rural Outages: Notifications and Reporting

SB 1250 (McGuire) – Support
As Amended March 28, 2016

SB 1250, by Senator Mike McGuire, would require telecommunications carriers to report rural 911 outages to state and local public safety agencies. The Federal Communications Commission established requirements for reporting telecommunications service disruptions and failures based on specified reporting thresholds. However, when there is a major disruption in service in rural communities, the federal reporting threshold that requires a telecommunications carrier to contact state and local public safety organizations is generally not triggered. These disruptions and outages can have disastrous effects on public safety in a rural community, impacting not only residents, but emergency service operators, hospitals, airports, schools and local businesses that rely on these services.

SB 1250 is an important step in the right direction to provide transparency and accountability in the critical networks upon which our county residents, businesses, government, hospitals, public safety networks, and so many others depend.  SB 1250 passed out of the Senate Energy, Utilities and Communications Committee with a 7-4 vote. SB 1250 is set to be heard in the Senate Appropriations Committee on May 2nd.

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