Bill Text: CA SB944 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Business and professions.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2011-10-02 - Chaptered by Secretary of State. Chapter 432, Statutes of 2011. [SB944 Detail]

Download: California-2011-SB944-Introduced.html

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BILL NUMBER: SB 944	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Business, Professions and Economic
Development (Senators Price (Chair), Corbett, Correa, Emmerson,
Hernandez, Negrete McLeod, Vargas, Walters, and Wyland)

                        MARCH 31, 2011

   An act to amend Sections 7027, 7029.5, 7030, 7058.6, 7058.8,
7066.5, 7204, 7211, 7215, and 12701 of the Business and Professions
Code, to amend Section 9148.8 of the Government Code, to amend
Section 3099.2 of the Labor Code, and to amend Section 7106 of the
Public Contract Code, relating to business and professions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 944, as introduced, Committee on Business, Professions and
Economic Development. Committee on Business, Professions and Economic
Redevelopment.
   (1) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board within the Department of Consumer Affairs.
   Existing law requires licensed contractors to be classified and
authorizes them to be classified as, among other things, a plumbing
contractor, an electrical contractor, a sign contractor, and a
well-drilling contractor. Existing law requires all plumbing
contractors, sign contractors, and well-drilling contractors to
display on their business motor vehicle certain identifying
information pertaining to their contractor's license.
   This bill would make that requirement applicable, instead, to C-36
plumbing contractors, C-45 sign contractors, and C-57 well-drilling
contractors.
   Existing law authorizes persons to obtain blank license
application, renewal, or reinstatement forms from the Department of
Consumer Affairs.
   This bill would instead authorize persons to obtain blank license
applications from the board.
   (2) Existing law establishes within the Department of Consumer
Affairs the State Board of Guide Dogs for the Blind that, among
others things, licenses and regulates schools and instructors for the
training of guide dogs for the blind and the instruction of blind
persons in the use of guide dogs.
   Existing law requires applicants for an instructor's license to
file an application with the secretary. Under existing law, the
secretary keeps the records of the boards and carries out other
duties as prescribed by the board.
   This bill would instead require and executive officer to keep
those records and carry out those duties and would require the
application described above to be filed with the board.
   Existing law prohibits a person from selling, giving, or
furnishing any guide dog or seeing-eye dog to a blind person unless
certain requirements have been met, including that the dog has been
neutered. Under existing law, a certificate from a veterinarian
certifying that those requirements have been met is required to be
delivered to the recipient of the dog at the time of delivery.
   This bill would require that the dog be spayed or neutered and
would require that certificate to be delivered at the time the dog is
assigned to a blind person. Because a violation of these
requirements would constitute a crime, the bill would impose a
state-mandated local program.
   (3) Existing law defines a weighmaster as any person who, for hire
or otherwise, weighs, measures, or counts any commodity and issues a
statement or memorandum of the weight, measure, or count which is
used as the basis for either the purchase or sale of that commodity
or charge for service. It is unlawful for any person to weigh,
measure, or count any commodity unless the person is licensed as a
weighmaster, but certain persons are exempt from being deemed
weighmasters.
   This bill would exempt medical waste haulers who are handling
medical waste destined for disposal or destruction from being deemed
weighmasters.
   (4) Under existing law, prior to January 1, 2011, regulatory
boards and other boards in state government, as specified, were
subject to review by the Joint Committee on Boards, Commissions, and
Consumer Protection. On and after January 1, 2011, existing law
requires boards scheduled for repeal to be evaluated by the Joint
Sunset Review Committee. Existing law in effect prior to January 1,
2011, required the former Joint Committee on Boards, Commissions, and
Consumer Protection, upon request from the chairperson of the
appropriate policy committee, to evaluate plans for the establishment
and operation of a new specified state board or to create a new
category of licensed professionals.
   This bill would instead require the appropriate policy committees
to evaluate those plans.
   (5) Existing law requires any public works contract of any public
entity to include an affidavit, as specified, affirming that the
bidder has not participated in various collusive activities.
   This bill would recast these provisions to, instead, require every
bid on every public works contract of any public entity to include a
declaration under penalty of perjury that the bidder has not
participated in various collusive activities, and to require that the
declaration include a representation that the person executing the
declaration on behalf of a corporation or other entity, as
prescribed, is fully empowered to execute the declaration. By
expanding the definition of an existing crime, this bill would impose
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 7027 of the Business and Professions Code is
amended to read:
   7027.  Any person who advertises or puts out any sign or card or
other device  after the effective date of this section which
  that  would indicate to the public that he or she
is a contractor, or who causes his or her name or business name to
be included in a classified advertisement or directory  after
the effective date of this section  under a classification
for construction or work of improvement covered by this chapter is
subject to the provisions of this chapter regardless of whether his
or her operations as a builder are otherwise exempted.
  SEC. 2.  Section 7029.5 of the Business and Professions Code is
amended to read:
   7029.5.  Every  C-36  plumbing contractor, 
electrical   C-45  sign contractor, and  C-57
 well-drilling contractor licensed under this chapter shall have
displayed on each side of each motor vehicle used in his or her
business, for which a commercial vehicle registration fee has been
paid pursuant to Article 3 (commencing with Section 9400) of Chapter
6 of Division 3 of the Vehicle Code, his or her name, permanent
business address, and contractor's license number, all in letters and
numerals not less than 11/2 inches high.
   The identification requirements of this section shall also apply
to any drill rig used for the drilling of water wells.
   Failure to comply with this section constitutes a cause for
disciplinary action.
  SEC. 3.  Section 7030 of the Business and Professions Code is
amended to read:
   7030.  (a) Except for contractors writing home improvement
contracts pursuant to Section 7151.2 and contractors writing service
and repair contracts pursuant to Section 7159.10, every person
licensed pursuant to this chapter shall include the following
statement in at least 10-point type on all written contracts with
respect to which the person is a prime contractor:



   "Contractors are required by law to be licensed and regulated by
the Contractors' State License Board which has jurisdiction to
investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the
alleged violation. A complaint regarding a latent act or omission
pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor
may be referred to the Registrar, Contractors' State License Board,
P.O. Box 26000, Sacramento, CA 95826."



   (b) Every person licensed pursuant to this chapter shall include
the following statement in at least 12-point type in all home
improvement contracts written pursuant to Section 7151.2 and service
and repair contracts written pursuant to Section 7159.10:



   "Information about the Contractors' State License Board (CSLB):
CSLB is the state consumer protection agency that licenses and
regulates construction contractors.
   Contact CSLB for information about the licensed contractor you are
considering, including information about disclosable complaints,
disciplinary actions and civil judgments that are reported to CSLB.
   Use only licensed contractors. If you file a complaint against a
licensed contractor within the legal deadline (usually four years),
CSLB has authority to investigate the complaint. If you use an
unlicensed contractor, CSLB may not be able to help you resolve your
complaint. Your only remedy may be in civil court, and you may be
liable for damages arising out of any injuries to the unlicensed
contractor or the unlicensed contractor's employees.
   For more information:
   Visit CSLB's Web site at www.cslb.ca.gov
   Call CSLB at 800-321-CSLB (2752)
   Write CSLB at P.O. Box 26000, Sacramento, CA 95826."



   (c) Failure to comply with the notice requirements set forth in
subdivision (a) or (b) of this section is cause for disciplinary
action. 
   (d) This section shall become operative on January 1, 2006.

  SEC. 4.  Section 7058.6 of the Business and Professions Code is
amended to read:
   7058.6.  (a) The board shall not issue an asbestos certification,
as required by Section 7058.5, unless the contractor is registered
with the Division of Occupational Safety and Health of the Department
of Industrial Relations pursuant to Section 6501.5 of the Labor
Code. The board may issue an asbestos certification to a contractor
who is not registered, provided the contractor in a written statement
acknowledges that he or she does not perform asbestos-related work.
The board shall notify both the division and the contractor, in
writing, of the contractor's passage of the certification
examination, for the purpose of allowing the contractor to satisfy
the requirement of paragraph (1) of subdivision (a) of Section 6501.5
of the Labor Code. The contractor shall register with the division
within 90 days from the date the contractor is notified of the
passage of the certification examination. The board may require a
reexamination if the contractor fails to register within 90 days
following issuance of the notification. Applicable test fees shall be
paid for any reexamination required under this section.
   (b) Any contractor who is certified to engage in asbestos-related
work shall present proof of current registration with the division
pursuant to Section 6501.5 of the Labor Code upon application for
renewal of his or her license, if the contractor engages in
asbestos-related work, as defined in Section 6501.8 of the Labor
Code.
   (c) A contractor who is not certified pursuant to this section may
bid on and contract to perform a project involving asbestos-related
work as long as the asbestos-related work is performed by a
contractor who is certified and registered pursuant to this section
and Section 6501.5 of the Labor Code.
   (d) The board shall obtain and periodically update the list of
contractors certified to engage in asbestos-related work who are
registered pursuant to Section 6501.5 of the Labor Code. 
   This section shall become operative on July 1, 1989. 
  SEC. 5.  Section 7058.8 of the Business and Professions Code is
amended to read:
   7058.8.  The board shall make available to the public upon request
information about contracting for the removal or encapsulation of
asbestos-containing materials in a building including all of the
following:
   (a) Steps to take when contracting with a company to remove
asbestos.
   (b) Existing laws and regulations pertaining to asbestos-related
work in California.
   (c) Basic health information as contained in the United States
Environmental Protection Agency publication, "Guidance for
Controlling Asbestos-Containing Materials in Buildings."
   (d) A current list of contractors who are certified pursuant to
Section 7058.5 to engage in asbestos-related work and who are
registered pursuant to Section 6501.5 of the Labor Code. 
   This section shall become operative on July 1, 1989. 
  SEC. 6.  Section 7066.5 of the Business and Professions Code is
amended to read:
   7066.5.  Any person may obtain blank license application 
, renewal, or reinstatement  forms from the 
Department of Consumer Affairs,   board  or may
cause to be printed forms used by or approved by the Registrar of
Contractors.
  SEC. 7.  Section 7204 of the Business and Professions Code is
amended to read:
   7204.  The  secretary   executive officer
 shall keep all the records of the board and discharge such
other duties as the board shall, from time to time, prescribe.
  SEC. 8.  Section 7211 of the Business and Professions Code is
amended to read:
   7211.  (a) Each applicant for an instructor's license shall file
an application with the  secretary of the  board at
least 10 days before the date fixed for examination, and shall pay to
the  secretary   board  at the time of
filing an application the sum of two hundred fifty dollars ($250). No
license shall be granted until the applicant has satisfactorily
completed the examination prescribed by the board and has shown that
he or she is equipped by a school or by equivalent facilities
satisfactory to the board. An annual fee of one hundred dollars
($100) shall be required for the renewal of a license.
   (b) All fees received under this chapter shall be deposited in the
Guide Dogs for the Blind Fund.
  SEC. 9.  Section 7215 of the Business and Professions Code is
amended to read:
   7215.  No person shall sell, give, or furnish any guide dog or
seeing-eye dog to a blind person unless the following requirements
have been met:
   (a) The dog has been immunized against distemper and rabies.
   (b) The dog has been  spayed or  neutered.
   (c) The dog has been examined by a licensed veterinarian and found
to be in good health.
   A certificate from a veterinarian certifying to the foregoing
shall be delivered to the recipient of the dog at the time of
delivery of  the dog  is assigned to a blind person
 .
  SEC. 10.  Section 12701 of the Business and Professions Code is
amended to read:
   12701.  The following persons are not weighmasters:
   (a) Retailers weighing, measuring, or counting commodities for
sale by them in retail stores in the presence of, and directly to,
consumers.
   (b) Except for persons subject to Section 12730, producers of
agricultural commodities or livestock, who weigh commodities produced
or purchased by them or by their producer neighbors, when no charge
is made for the weighing, or when no signed or initialed statement or
memorandum is issued of the weight upon which a purchase or sale of
the commodity is based.
   (c) Common carriers issuing bills of lading on which are recorded,
for the purpose of computing transportation charges, the weights of
commodities offered for transportation, including carriers of
household goods when transporting shipments weighing less than 1,000
pounds.
   (d) Milk samplers and weighers licensed pursuant to Article 8
(commencing with Section 35161) of Chapter 12 of Part 1 of Division
15 of the Food and Agricultural Code, when performing the duties for
which they are licensed.
   (e) Persons who measure the amount of oil, gas, or other fuels for
purposes of royalty computation and payment, or other operations of
fuel and oil companies and their retail outlets.
   (f) Newspaper publishers weighing or counting newspapers for sale
to dealers or distributors.
   (g) Textile maintenance establishments weighing, counting, or
measuring any articles in connection with the business of those
establishments.
   (h) County sanitation districts operating pursuant to Chapter 3
(commencing with Section 4700) of Part 3 of Division 5 of the Health
and Safety Code, garbage and refuse disposal districts operating
pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of
Division 30 of the Public Resources Code, and solid waste facilities,
as defined in Section 40194 of the Public Resources Code.
   (i) Persons who purchase scrap metal or salvage materials pursuant
to a nonprofit recycling program, or recycling centers certified
pursuant to Division 12.1 (commencing with Section 14500) of the
Public Resources Code that purchase empty beverage containers from
the public for recycling.
   (j) Pest control operators licensed pursuant to Chapter 4
(commencing with Section 11701) of Division 6 of the Food and
Agricultural Code.
   (k) Retailers, or recycling centers established solely for the
redemption of empty beverage containers, as that phrase is defined in
Section 14512 of the Public Resources Code, who are weighing,
measuring, or counting salvage or returnable materials for purchase
or redemption by them in retail stores, or, in the case of recycling
centers, on the retail store premises or on a parking lot immediately
adjacent to a retail store  which   that 
is used for the purpose of parking by the store customers, directly
from and in the presence of the seller. "Retailer" means an entity
 which   that  derives 90 percent or more
of its income from the sale of small quantities of food or nonfood
items, or both, directly to consumers. "Salvage materials" means used
paper products and used containers made of aluminum, tin, glass, or
plastic.
   (  l  ) Any log scaler who performs log scaling
functions, except weighing, as defined in the United States Forest
Service Handbook, Supplement No. 4 of March 1987. 
   (m) Medical waste haulers, as defined in Section 118025 of the
Health and Safety Code, who are handling medical waste destined for
disposal or destruction. 
  SEC. 11.  Section 9148.8 of the Government Code is amended to read:

   9148.8.   (a)    The 
Joint Committee on Boards, Commissions, and Consumer Protection,
acting pursuant to a request from the chairperson of the 
appropriate policy committee  ,  shall evaluate a
plan prepared pursuant to Section 9148.4 or 9148.6. 
   (b) Evaluations prepared by the Joint Committee on Boards,
Commissions, and Consumer Protection pursuant to this section shall
be provided to the respective policy and fiscal committees of the
Legislature pursuant to rules adopted by each committee for this
purpose. 
  SEC. 12.  Section 3099.2 of the Labor Code is amended to read:
   3099.2.  (a) (1) Persons who perform work as electricians shall
become certified pursuant to Section 3099 by the deadline specified
in this subdivision. After the applicable deadline, uncertified
persons shall not perform electrical work for which certification is
required.
   (2) The deadline for certification as a general electrician or
fire/life safety technician is January 1, 2006, except that persons
who applied for certification prior to January 1, 2006, have until
January 1, 2007, to pass the certification examination. The deadline
for certification as a residential electrician is January 1, 2007,
and the deadline for certification as a voice data video technician
or a nonresidential lighting technician is January 1, 2008. The
California Apprenticeship Council may extend the certification date
for any of these three categories of electricians up to January 1,
2009, if the council concludes that the existing deadline will not
provide persons sufficient time to obtain certification, enroll in an
apprenticeship or training program, or register pursuant to Section
3099.4.
   (3) For purposes of any continuing education or recertification
requirement, individuals who become certified prior to the deadline
for certification shall be treated as having become certified on the
first anniversary of their certification date that falls after the
certification deadline.
   (b) (1) Certification is required only for those persons who
perform work as electricians for contractors licensed as class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations.
   (2) Certification is not required for persons performing work for
contractors licensed as class C-7 low voltage systems or class C-45
 electric  sign contractors as long as the work
performed is within the scope of the class C-7 or class C-45 license,
including incidental and supplemental work as defined in Section
7059 of the Business and Professions Code, and regardless of whether
the same contractor is also licensed as a class C-10 contractor.
   (3) Certification is not required for work performed by a worker
on a high-voltage electrical transmission or distribution system
owned by a local publicly owned electric utility, as defined in
Section 224.3 of the Public Utilities Code; an electrical
corporation, as defined in Section 218 of the Public Utilities Code;
a person, as defined in Section 205 of the Public Utilities Code; or
a corporation, as defined in Section 204 of the Public Utilities
Code; when the worker is employed by the utility or a licensed
contractor principally engaged in installing or maintaining
transmission or distribution systems.
   (c) The division shall establish separate certifications for
general electrician, fire/life safety technician, residential
electrician, voice data video technician, and nonresidential lighting
technician.
   (d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Office
of Apprenticeship program, or a state apprenticeship program
authorized by the federal Office of Apprenticeship. An apprentice who
is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
   (e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
   (f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
   (g) Notwithstanding subdivision (a), the qualifying person for a
class C-10 electrical contractor license issued by the Contractors'
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
   (h) Commencing July 1, 2009, the following shall constitute
additional grounds for disciplinary proceedings, including suspension
or revocation of the license of a class C-10 electrical contractor
pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of
Division 3 of the Business and Professions Code:
   (1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.

   (2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 3099.4.
   (3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
   (i) The Chief of the Division of Apprenticeship Standards shall
develop a process for referring cases to the Contractors' State
License Board when it has been determined that a violation of this
section has likely occurred. On or before July 1, 2009, the chief
shall prepare and execute a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
   (j) Upon receipt of a referral by the Chief of the Division of
Apprenticeship Standards alleging a violation under this section, the
Registrar of Contractors shall open an investigation. Any
disciplinary action against the licensee shall be initiated within 60
days of the receipt of the referral. The Registrar of Contractors
may initiate disciplinary action against any licensee upon his or her
own investigation, the filing of any complaint, or any finding that
results from a referral from the Chief of the Division of
Apprenticeship Standards alleging a violation under this section.
Failure of the employer or employee to provide evidence of
certification or trainee status shall create a rebuttable presumption
of violation of this provision.
   (k) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.
  SEC. 13.  Section 7106 of the Public Contract Code is amended to
read:
   7106.   Any   Every bid on every  public
works contract of a public entity shall include  an
affidavit   a declaration under penalty of perjury under
the laws of the State of California  , in the following form:
       ""NONCOLLUSION AFFIDAVIT TO BE EXECUTED 
      ""NONCOLLUSION DECLARATION TO BE EXECUTED 
                        BY
           BIDDER AND SUBMITTED WITH BID
 State of           ) 
 California 
                        ss. 
 County of          ) 
 ________ 


   The undersigned declares:  
   ______, being first duly sworn, deposes and says that he or she is
____ of ____ 
    I am the ____ of ____,  the party making the foregoing
bid  that the   . 
    The  bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association,
organization, or corporation  ; that the   . The
 bid is genuine and not collusive or sham  ; that the
  . The  bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid
 , and   . The bidder  has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or  that anyone shall
  to  refrain from bidding  ; that the
  . The  bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder  , or to secure any advantage
against the public body awarding the contract of anyone interested in
the proposed contract; that all   . All 
statements contained in the bid are true  ; and, further,
that the   .   The  bidder has not,
directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information
or data relative thereto,  or paid, and will not pay, any fee
 to any corporation, partnership, company  , 
association, organization, bid depository, or to any member or agent
thereof  ,  to effectuate a collusive or sham  bid."
  bid, and has not paid, and will not pay, any person
or entity for such purpose.  
   Any person executing this declaration on behalf of a bidder that
is a corporation, partnership, joint venture, limited liability
company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.  
   I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct and that this
declaration is executed on ___date], at ___city], ___state]." 
  SEC. 14.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.