Bill Text: CA SB417 | 2013-2014 | Regular Session | Amended
Bill Title: Public buildings and works: qualifications of contractors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB417 Detail]
Download: California-2013-SB417-Amended.html
BILL NUMBER: SB 417 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator Berryhill
FEBRUARY 20, 2013
An act to amend Section 148 of the Business and
Professions Code, relating to consumer affairs. An act
to add Section 7018 to the Business and Professions Code, to add
Section 15810 to the Government Code, and to add Sections 10142 and
20103 to the Public Contract Code, relating to public buildings a
nd works.
LEGISLATIVE COUNSEL'S DIGEST
SB 417, as amended, Berryhill. Department of Consumer
Affairs: unlicensed activity enforcement. Public
buildings and works: qualifications of contractors.
Existing law, the State Contract Act and the Local Agency Public
Construction Act, generally sets forth the authority and duties of
state and local agencies for bidding and awarding contracts on public
works. The acts authorize a state or local agency to require that
each prospective bidder for a public works contract complete and
submit to the state or local agency a standardized questionnaire and
financial statement, as provided. That law also allows the state or
local agency to establish a process to prequalify prospective bidders
for public works contracts, as provided. The State Contract Act
additionally requires public notice of a public works project to be
given by publication once a week for at least 2 consecutive weeks, as
specified.
Existing law, the State Building Construction Act of 1955,
authorizes the State Public Works Board to acquire and construct
public buildings for use by state agencies, when authorized by a
separate act or appropriation enacted by the Legislature.
Existing law establishes within the Department of Consumer
Affairs, until January 1, 2016, the Contractors' State License Board
and a registrar of contractors, for purposes of the licensure and
regulation of contractors.
This bill would authorize state and local agencies subject to
these acts, prior to advertising for bids for construction of a
public building or a public works project, to advise the Contractors'
State License Board of any supplemental license, certification, or
education required of a contractor to qualify to bid on the contract
for that project. The bill would require the board to review the
information received regarding any supplemental license,
certification, or education requirements, and to post any
supplemental requirements it approves in an easily identifiable
location on the board's Internet Web site. The bill would provide
that any supplemental requirements that are not posted on the board's
Internet Web site before the bid opening shall not apply to the
bidding process for that contract.
Existing law punishes specified unlicensed activity in the
professions and vocations regulated by the Department of Consumer
Affairs as an infraction and authorizes the establishment by boards
within the department of an administrative citation system for
unlicensed persons acting in the capacity of a licensee or
registrant.
This bill would make a technical, nonsubstantive change to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7018 is added to the
Business and Professions Code , to read:
7018. The board shall review the information received pursuant to
Section 15810 of the Government Code, and Sections 10142 and 20103
of the Public Contract Code, regarding any supplemental license,
certification, or education required of a contractor licensed under
this chapter to qualify to bid on a contract for construction of a
public building or a public works project. The board shall post any
supplemental requirements it approves in an easily identifiable
location on the board's Internet Web site prior to the bid opening.
Any supplemental requirements that are not posted on the board's
Internet Web site prior to the bid opening shall not apply to the
bidding process for that contract.
SEC. 2. Section 15810 is added to the
Government Code , to read:
15810. Prior to advertising for bids for construction of a public
building, any state agency subject to this chapter may advise the
Contractors' State License Board of any supplemental license,
certification, or education required of a contractor to qualify to
bid on the contract for that project. If the supplemental license,
certification, or education requirement is not posted on the Internet
Web site of the Contractors' State License Board pursuant to Section
7018 of the Business and Professions Code, no bid submitted shall be
invalidated due to the failure of the bidder to have that
supplemental license, certification, or education.
SEC. 3. Section 10142 is added to the
Public Contract Code , to read:
10142. Prior to advertising for bids on a public works project,
the department may advise the Contractors' State License Board of any
supplemental license, certification, or education required of a
contractor to qualify to bid on the public works contract for that
project. If the supplemental license, certification, or education
requirement is not posted on the Internet Web site of the Contractors'
State License Board pursuant to Section 7018 of the Business and
Professions Code, no bid submitted shall be invalidated due to the
failure of the bidder to have that supplemental license,
certification, or education.
SEC. 4. Section 20103 is added to the
Public Contract Code , to read:
20103. Prior to advertising for bids on a public works project, a
local agency subject to this chapter may advise the Contractors'
State License Board of any supplemental license, certification, or
education required of a contractor to qualify to bid on the public
works contract for that project. If the supplemental license,
certification, or education requirement is not posted on the Internet
Web site of the Contractors' State License Board pursuant to Section
7018 of the Business and Professions Code, no bid submitted shall be
invalidated due to the failure of the bidder to have that
supplemental license, certification, or education.
SECTION 1. Section 148 of the Business and
Professions Code is amended to read:
148. A board, bureau, or commission within the department may, in
addition to the administrative citation system authorized by Section
125.9, also establish, by regulation, a similar system for the
issuance of an administrative citation to an unlicensed person who is
acting in the capacity of a licensee or registrant under the
jurisdiction of that board, bureau, or commission. The administrative
citation system authorized by this section shall meet the
requirements of Section 125.9 and may not be applied to an unlicensed
person who is otherwise exempted from the provisions of the
applicable licensing act. The establishment of an administrative
citation system for unlicensed activity does not preclude the use of
other enforcement statutes for unlicensed activities at the
discretion of the board, bureau, or commission.
