10/4/10-Gov. Arnold Schwarzenegger signed into law a bill that requires a broker of construction trucking services to post a bond to ensure payment to a dump truck operator whose services were brokered. The broker also receives certification of the dump truck operator’s permit to operate.
Previously AB145, the new law requires brokers to secure a surety bond of at least $15,000 to ensure payment. Failure to secure a bond would be a misdemeanor and result in as much as a $5,000 fine. It takes effect Jan. 1, 2011.
In addition, a rebuttable presumption would be created in favor of the dump truck operator if there is a civil action filed due to lack of payment. A rebuttable presumption is an assumption of fact unless the broker, in this instance, comes forward in court to contest it and prove otherwise.
Motor carriers are also responsible for immediately notifying the broker if the Department of Motor Vehicles suspends or revokes their motor carrier permit.

8/13/10-The Assembly has signed off on Senate changes to a bill that would require a broker of construction trucking services to post a bond to ensure payment to a dump truck operator whose services were brokered. The broker would also receive certification of the dump truck operator’s permit to operate.
AB145 now moves ahead to Gov. Arnold Schwarzenegger’s desk.
Brokers would be required to secure a surety bond of at least $15,000 to ensure payment. Failure to secure a bond would be a misdemeanor and result in as much as a $5,000 fine.
In addition, a rebuttable presumption would be created in favor of the dump truck operator if there is a civil action filed due to lack of payment. A rebuttable presumption is an assumption of fact unless the broker, in this instance, comes forward in court to contest it and prove otherwise.
Motor carriers would also be responsible for immediately notifying the broker if the Department of Motor Vehicles suspends or revokes their motor carrier permit.
For bill status, call 916-319-2856.

8/11/10-The Senate voted unanimously Monday, Aug. 9, to approve a bill that would require a broker of construction trucking services to post a bond to ensure payment to a dump truck operator whose services were brokered. The broker would also receive certification of the dump truck operator’s permit to operate.
AB145 awaits Assembly approval of changes before heading to Gov. Arnold Schwarzenegger’s desk.
Brokers would be required to secure a surety bond of at least $15,000 to ensure payment. Failure to secure a bond would be a misdemeanor and result in as much as a $5,000 fine.
In addition, a rebuttable presumption would be created in favor of the dump truck operator if there is a civil action filed due to lack of payment. A rebuttable presumption is an assumption of fact unless the broker, in this instance, comes forward in court to contest it and prove otherwise.
Motor carriers would also be responsible for immediately notifying the broker if the Department of Motor Vehicles suspends or revokes their motor carrier permit.
For bill status, call 916-319-2856.

6/17/10-The Assembly has advanced a bill to the Senate that would require a broker of construction trucking services to post a bond to ensure payment to a dump truck operator whose services were brokered. The broker would also receive certification of the dump truck operator’s permit to operate.
Sponsored by Assemblyman Kevin de Leon, D-Los Angeles, AB145 would require brokers to secure a surety bond of at least $15,000 to ensure payment. If brokers fail to pay the dump truck operator by the 25th day of the month after services were rendered they would face a possible $15,000 fine.
A rebuttable presumption would also be created in favor of the dump truck operator if there is a civil action filed due to lack of payment. A rebuttable presumption is an assumption of fact unless the broker, in this instance, comes forward in court to contest it and prove otherwise.
In addition, motor carriers would be responsible for immediately notifying the broker if the Department of Motor Vehicles suspends or revokes their motor carrier permit.
The bill is in the Senate Appropriations Committee. For bill status, call 916-319-2856.