BILL NUMBER: SB 944 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 21, 2011 AMENDED IN SENATE MAY 9, 2011 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 5805, 6710.1, 6711, 6712, 6775, 6775.1, 7027, 7029.5, 7030, 7058.6, 7058.8, 7066.5, 7204, 7211,and 7215 of7215, 7217, 7500.1, 7506.9, 7507.9, 7820, 7821, 7852, 7852.1, 8710.1, 8780, 8780.1, 8805, 22253.2, and 22255 of, to add Sections 6721, 7504.8, 7841.2, and 8714 to, to add Article 2.1 (commencing with Section 7826) to Chapter 12.5 of Division 3 of, and to repeal Section 7823 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 amended, Committee on Business, Professions and Economic Development. Business and professions. (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 those schools to furnish to the board an independent audit of the school's finances, as specified, within 180 days after the end of a calendar year. This bill would instead require a school to furnish that audit within 90 days after a calendar year end. 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 the 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) 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. (4) Under existing law, there exists the Board for Professional Engineers, Land Surveyors, and Geologists, consisting of 15 members, including professional members appointed by the Governor, at least one of whom is required to be a licensed professional engineer or land surveyor from each of a local public agency and a state agency. This bill would authorize the Governor to appoint a licensed geologist or geophysicist to fill the local public agency and state agency requirements. Existing law authorizes the board to receive and investigate complaints against professional engineers, engineers-in-training, land surveyors, and land surveyors-in-training. This bill would authorize the board to investigate the actions of any professional engineer, engineer-in-training, land surveyor, or land surveyor-in-training upon the receipt of a complaint or upon the board's own initiative. Under existing law, the board is authorized to appoint committees to perform duties, as specified. This bill would repeal that authorization and instead authorize the board to establish technical advisory committees, as specified. The bill would require the board to establish relations with bodies that regulate the practice of professional engineering and land surveying, or closely related professions, in other states, as specified. Under existing law, the board is required to prepare an annual list of the names and addresses of geologists and geophysicists registered by it and a list of every person whose registration was suspended or revoked the previous year and to mail the list to the county clerks of each county. This bill would instead require the board to compile and maintain a register of all licensees including the licensee's name, address of record, type of branch license, license number, and the license issuance and expiration dates. Existing law provides for the registration and regulation of geologists. This bill would provide for certification as a geologist-in-training. (5) Existing law, the Collateral Recovery Act, provides for procedures and qualifications for issuance by the Bureau of Security and Investigative Services of an initial qualification certificate required for a person who is in active control or management, as specified, of a licensed repossession agency and requires every person employed by or contracting with an agency to be registered with the bureau. This bill would authorize a person to work as a qualified certificate holder or as a registrant pending receipt of the qualification certificate or registration card if he or she has been approved by the bureau and carries on his or her person a hardcopy printout or electronic copy of the approval, as specified, and a valid picture identification. Existing law specifies circumstances for disposal of personal effects removed by a repossession agency from repossessed collateral, including maintaining permanent records. This bill would specify that those records shall be maintained for 4 years. (6) Existing law requires a tax preparer to complete annually a minimum of 20 hours of continuing education, including 12 hours in federal taxation, and 4 hours in California taxation, and an additional 4 hours in federal taxation or California taxation. This bill would instead require a tax preparer to complete annually 15 hours of continuing education in federal taxation and 5 hours in California taxation. Existing law requires a tax preparer to register with the California Tax Education Council and requires the council to notify the Attorney General, a district attorney, or a city attorney of any notice the council receives of a failure of a tax preparer to so register which failure constitutes a violation of these provisions. This bill would instead authorize the council to make this notification.(4)(7) 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. (8) The bill would make other technical, nonsubstantive changes. (9) 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 5805 of the Business and Professions Code is amended to read: 5805. Nothing in this chapter shall preclude certified interior designers or any other person from submitting interior design plans to local building officials, except as provided in Section 5538. In exercising discretion with respect to the acceptance of interior design plans, the local building official shall reference theUniformCalifornia Building Standards Code. SEC. 2. Section 6710.1 of the Business and Professions Code is amended to read: 6710.1. Protection of the public shall be the highest priority for the Board forProfessional Engineers and Land Surveyors, Land Surveyors, and Geologists in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests Professional Engineers sought to be promoted, the protection of the public shall be paramount. SEC. 3. Section 6711 of the Business and Professions Code is amended to read: 6711. Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors' Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under theGeologists and GeophysicistsGeologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under theGeologists and GeophysicistsGeologist and Geophysicist Act, or licensed under the Professional Land Surveyors' Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in his or her profession. Each member shall be at least 30 years of age, and shall have been a resident of this state for at least five years immediately preceding his or her appointment. SEC. 4. Section 6712 of the Business and Professions Code is amended to read: 6712. (a) All appointments to the board shall be for a term of four years. Vacancies shall be filled by appointment for the unexpired term. Each appointment thereafter shall be for a four-year term expiring on June 30 of the fourth year following the year in which the previous term expired. (b) Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. (c) The Governor shall appoint professional members so that one is licensed to practice engineering as a civil engineer, one as an electrical engineer, one as a mechanical engineer, another is authorized to use the title of structural engineer, and one is a member of one of the remaining branches of engineering. One of the professional members licensed under this chapter , under Chapter 12.5 (commencing with Section 7800), or under Chapter 15 (commencing with Section 8700) shall be from a local public agency, and one shall be from a state agency. (d) The Governor shall appoint six of the public members and the professional members qualified as provided in Section 6711. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. SEC. 5. Section 6721 is added to the Business and Professions Code , to read: 6721. The board shall establish relations with bodies that regulate the practice of professional engineering, or closely related professions, or that register or license professional engineers in other states, and may establish relations with those bodies in other countries, for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure. SEC. 6. Section 6775 of the Business and Professions Code is amended to read: 6775. The board mayreceive and, upon its own initiative or upon the receipt of a complaint, investigatecomplaints against registeredthe actions of any professionalengineers,engineer licensed under this chapter or any person granted temporary authorization pursuant to Section 6760 and make findings thereon. By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the certificate of any professional engineerregisteredlicensed under this chapter or may revoke the temporary authorization granted to any person pursuant to Section 6760 on any of the following grounds : (a)Who has been convictedAny conviction of a crime substantially related to the qualifications, functions and duties of aregisteredlicensed professional engineer, in which case the certified record of conviction shall be conclusive evidence thereof. (b)Who has been found guilty by the board of anyAny deceit, misrepresentation, or fraud in his or her practice. (c)Who has been found guilty by the board ofAny negligence or incompetence in his or her practice. (d)Who has been found guilty by the board of anyA breach or violation of a contract to provide professional engineering services. (e)Who has been found guilty of anyAny fraudor, deceit , or misrepresentation in obtaining his or her certificate as a professional engineer or in obtaining a temporary authorization pursuant to Section 6760 . (f)Who aids or abets anyAiding or abetting any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter . (g)WhoA violation in the course of the practice of professional engineeringhas been found guilty by the board of having violatedof a rule or regulation of unprofessional conduct adopted by the board. (h)Who violatesA violation of any provision of this chapter or any other law relating to or involving the practice of professional engineering . SEC. 7. Section 6775.1 of the Business and Professions Code is amended to read: 6775.1. The board mayreceive and, upon its own initiative or upon the receipt of a complaint, investigatecomplaints against engineers-in-trainingthe actions of any engineer - in - training and make findings thereon. By a majority vote, the board may revoke the certificate of any engineer-in-training: (a) Who has been convicted of a crime as defined in subdivision (a) of Section 480. (b) Who has committed any act that would be grounds for denial of licensure pursuant to Section 480 or 496. (c) Who hasbeen found guilty ofcommitted any act of fraud, deceit, or misrepresentation in obtaining his or her engineer-in-training certificate or certificate of registration, certification, or authority as a professional engineer. (d) Who aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter . (e) Who violates Section 119 with respect to an engineer-in-training certificate. (f) Who commits any act described in Section 6787. (g) Who violates any provision of this chapter or any regulation adopted by the board pursuant to this chapter .SECTION 1.SEC. 8. 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 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 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.SEC. 9. Section 7029.5 of the Business and Professions Code is amended to read: 7029.5. Every C-36 plumbing contractor, 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.SEC. 10. 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 Internet 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.SEC. 4.SEC. 11. 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.SEC. 5.SEC. 12. 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.SEC. 6.SEC. 13. Section 7066.5 of the Business and Professions Code is amended to read: 7066.5. Any person may obtain blank license application forms from the board or may cause to be printed forms used by or approved by the Registrar of Contractors.SEC. 7.SEC. 14. Section 7204 of the Business and Professions Code is amended to read: 7204. The 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.SEC. 15. 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 board at least 10 days before the date fixed for examination, and shall pay to the 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.SEC. 16. 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 the dog is assigned to a blind person. SEC. 17. Section 7217 of the Business and Professions Code is amended to read: 7217. (a) Within 60 days after the end of a calendar year or after the termination of the fiscal year of a school, there shall be furnished to the board the following: (1) A list of students accepted for training and those who have completed training. (2) A list of the number of dogs trained. (b) Within18090 days after the end of a calendar year, there shall be furnished to the board an independent audit of the school's finances by a certified public accountant licensed by this state. SEC. 18. Section 7500.1 of the Business and Professions Code is amended to read: 7500.1. The following terms as used in this chapter have the meaning expressed in this section: (a) "Advertisement" means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. (b) "Assignment" means a written authorization by the legal owner, lienholder, lessor or lessee, or the agent of any of them, to skip trace, locate, or repossess or to collect money payment in lieu of repossession of any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. "Assignment" also means a written authorization by an employer to recover any collateral entrusted to an employee or former employeeif the possessor is wrongfullyin possession of the collateral. A photocopy of an assignment, facsimile copy of an assignment, or electronic format of an assignment shall have the same force and effect as an original written assignment. (c) "Bureau" means the Bureau of Security and Investigative Services. (d) "Chief" means the Chief of the Bureau of Security and Investigative Services. (e) "Collateral" means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. (f) "Combustibles" means any substance or article that is capable of undergoing combustion or catching fire, or that is flammable, if retained. (g) "Dangerous drugs" means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (h) "Deadly weapon" means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club. (i) "Debtor" means any person obligated under a security agreement. (j) "Department" means the Department of Consumer Affairs. (k) "Director" means the Director of Consumer Affairs. (l) "Electronic format" includes, but is not limited to, a text message, e-mail, or Internet posting.(l)(m) "Health hazard" means any personal effects which if retained would produce an unsanitary or unhealthful condition , or which might damage other personal effects .(m)(n) "Legal owner" means a person holding a security interest in any collateral that is subject to a security agreement, a lien against any collateral, or an interest in any collateral that is subject to a lease agreement.(n)(o) "Licensee" means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency.(o)(p) "Multiple licensee" means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license.(p)(q) "Person" includes any individual, partnership, limited liability company, or corporation.(q)(r) "Personal effects" means any property that is not the property of the legal owner.(r)(s) "Private building" means and includes any dwelling, outbuilding, or other enclosed structure.(s)(t) "Qualified certificate holder" or "qualified manager" is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee's place of business.(t)(u) "Registrant" means a person registered under this chapter.(u)(v) "Secured area" means and includes any fenced and locked area.(v)(w) "Security agreement" means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of his or her debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. "Security agreement" also includes a bailment where an employer-employee relationship exists or existed between the bailor and the bailee.(w)(x) "Services" means any duty or labor to be rendered by one person for another.(x)(y) "Violent act" means any act that results in bodily harm or injury to any party involved.(y)(z) The amendments made to this section during the 2005-06 Regular Session shall not be deemed to exempt any person from the provisions of this chapter. SEC. 19. Section 7504.8 is added to the Business and Professions Code , to read: 7504.8. A person may work as a qualified certificate holder pending receipt of the qualification certificate if he or she has been approved by the bureau and carries on his or her person a hardcopy printout of the bureau's approval from the bureau's Internet Web site and a valid picture identification. If a qualification certificate is lost, damaged, or destroyed, a certificate holder may continue to operate by carrying on his or her person a hardcopy printout or electronic copy of the bureau's approval of the certificate from the bureau's Internet Web site and a valid picture identification. SEC. 20. Section 7506.9 of the Business and Professions Code is amended to read: 7506.9. (a) Upon the issuance of the initial registration, reregistration or renewal, the chief shall issue to the registrant a suitable pocket identification card. At the request of the registrant, the identification card may include a photograph of the registrant. The photograph shall be of a size prescribed by the bureau. The card shall contain the name of the licensee with whom the registrant is registered. The applicant may request to be issued an enhanced pocket card that shall be composed of durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the department for costs for furnishing the enhanced pocket card. The fee charged may not exceed the actual cost for system development, maintenance, and processing necessary to provide the service, and may not exceed six dollars ($6). If the applicant does not request an enhanced card, the department shall issue a standard card at no cost to the applicant. (b) Until the registration certificate is issued or denied, a person may be assigned to work with a temporary registration on a secure form prescribed by the chief, and issued by the qualified certificate holder, that has been embossed by the bureau with the state seal for a period not to exceed 120 days from the date the employment or contract commenced, provided the person signs a declaration under penalty of perjury that he or she has not been convicted of a felony or committed any other act constituting grounds for denial of a registration pursuant to Section 7506.8 (unless he or she declares that the conviction of a felony or the commission of a specified act or acts occurred prior to the issuance of a registration by the chief and the conduct was not the cause of any subsequent suspension or termination of a registration), and that he or she has read and understands the provisions of this chapter. (c) The chief shall issue an additional temporary registration for not less than 60 days nor more than 120 days, if the chief determines that the investigation of the applicant will take longer to complete than the initial temporary registration time period. (d) No person shall perform the duties of a registrant for a licensee unless the person has in his or her possession a valid repossessor registration card or evidence of a valid temporary registration or registration renewal as described in subdivision (b) or (e) of this section or subdivision (c) of Section 7506.10. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card as provided by regulation. (e) A person may work as a registrant pending receipt of the registration card if he or she has been approved by the bureau and carries on his or her person a hardcopy printout or electronic copy of the bureau's approval from the bureau's Internet Web site and a valid picture identification. SEC. 21. Section 7507.9 of the Business and Professions Code is amended to read: 7507.9. Personal effects shall be removed from the collateral, including any personal effect that is mounted but detachable from the collateral by a release mechanism. A complete and accurate inventory of the personal effects shall be made, and the personal effects shall be labeled and stored by the licensee for a minimum of 60 days in a secure manner, except those personal effects removed by or in the presence of the debtor or the party in possession of the collateral at the time of the repossession. If the licensee or the licensee's agent cannot determine whether the property attached to the collateral is a personal effect or a part of the collateral, then that fact shall be noted on the inventory and the licensee or agent shall not be obligated to remove the item from the collateral, unless the item can be removed without the use of tools, in which case it shall be removed and inventoried. The licensee or the licensee's agent shall notify the debtor that if the debtor takes the position that an item is a personal effect, then the debtor shall contact the legal owner to resolve the issue. (a) The date and time the inventory is made shall be indicated. The permanent records of the licensee shall indicate the name of the employee or registrant who performed the inventory. (b) The following items of personal effects are items determined to present a danger or health hazard when recovered by the licensee and shall be disposed of in the following manner: (1) Deadly weapons and dangerous drugs shall be turned over to any law enforcement agency for retention. These items shall be entered on the inventory and a notation shall be made as to the date and the time and the place the deadly weapon or dangerous drug was turned over to the law enforcement agency, and a receipt from the law enforcement agency shall be maintained in the records of the repossession agency. (2) Combustibles shall be inventoried and noted as "disposed of, dangerous combustible," and the item shall be disposed of in a reasonable and safe manner. (3) Food and other health hazard items shall be inventoried and noted as "disposed of, health hazard," and disposed of in a reasonable and safe manner. (c) Personal effects may be disposed of after being held for at least 60 days. The inventory, and adequate information as to how, when, and to whom the personal effects were disposed of, shall be filed in the permanent records of the licensee and retained for four years . (d) The inventory shall include the name, address, business hours, and telephone number of the repossession agency to contact for recovering the personal effects and an itemization of all personal effects removal and storage charges that will be made by the repossession agency. The inventory shall also include the following statement: "Please be advised that the property listed on this inventory will be disposed of by the repossession agency after being held for 60 days from the date of this notice IF UNCLAIMED." (e) The inventory shall be provided to a debtor not later than 48 hours after the recovery of the collateral, except that if: (1) The 48-hour period encompasses a Saturday, Sunday, or postal holiday, the inventory shall be provided no later than 72 hours after the recovery of the collateral. (2) The 48-hour period encompasses a Saturday or Sunday and a postal holiday, the inventory shall be provided no later than 96 hours after the recovery of the collateral. (3) Inventory resulting from repossession of a yacht, motor home, or travel trailer is such that it shall take at least four hours to inventory, then the inventory shall be provided no later than 96 hours after the recovery of the collateral. When the 96-hour period encompasses a Saturday, Sunday, or postal holiday, the inventory shall be provided no later than 120 hours after the recovery of the collateral. (f) Environmental, Olympic, special interest, or other license plates issued pursuant to Article 8 (commencing with Section 5000), Article 8.4 (commencing with Section 5060) or Article 8.5 (commencing with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code that remain the personal effects of the debtor shall be removed from the collateral and inventoried pursuant to this section. If the plates are not claimed by the debtor within 60 days, they shall either (1) be effectively destroyed and the licensee shall, within 30 days thereafter, notify the Department of Motor Vehicles of their effective destruction on a form promulgated by the chief that has been approved as to form by the Director of the Department of Motor Vehicles; or (2) be retained by the licensee indefinitely to be returned to the debtor upon request, in which case the licensee shall not charge more than 60 days' storage on the plates. (g) The notice may be given by regular mail addressed to the last known address of the debtor or by personal service at the option of the repossession agency. (h) With the consent of the licensee, the debtor may waive the preparation and presentation of an inventory if the debtor redeems the personal effects or other personal property not covered by a security interest within the time period for the notices required by this section and signs a statement that he or she has received all the property. (i) If personal effects or other personal property not covered by a security agreement are to be released to someone other than the debtor, the repossession agency may request written authorization to do so from the debtor. (j) The inventory shall be a confidential document. A licensee shall only disclose the contents of the inventory under the following circumstances: (1) In response to the order of a court having jurisdiction to issue the order. (2) In compliance with a lawful subpoena issued by a court of competent jurisdiction. (3) When the debtor has consented in writing to the release and the written consent is signed and dated by the debtor subsequent to the repossession and states the entity or entities to whom the contents of the inventory may be disclosed. (4) To the debtor. SEC. 22. Section 7820 of the Business and Professions Code is amended to read: 7820. The board shall have and use a seal bearing the name "Board for ProfessionalEngineers and Land Surveyors."Engineers, Land Surveyors, and Geologists." SEC. 23. Section 7821 of the Business and Professions Code is amended to read: 7821. The board shallprepare annually a list of the names and addresses of every person who is registered by it and a list of every person whose registration has been suspended or revoked within the previous year. Such lists shall be mailed to the county clerks of each county and shall be held by him as a public record.compile and maintain, or may have comp il ed and maintained on its behalf, a register of all licensees that contains the licensee's name, address of record, type of branch license, license number, the date the license was issued, and the date the license will expire. SEC. 24. Section 7823 of the Business and Professions Code is repealed.7823. The board shall have the authority to appoint committees as required or as deemed advisable to perform duties as the board may direct; provided, however, that the board shall not delegate any final decisionmaking authority to any committee that has as a member any person who is not a member of the board. Membership on those committees is at the pleasure of the board. No member of a committee shall receive any other compensation than his or her necessary expenses, as approved by the board, connected with the performance of his or her duties as a member of the committee.SEC. 25. Article 2.1 (commencing with Section 7826) is added to Chapter 12.5 of Division 3 of the Business and Professions Code , to read: Article 2.1. Technical Advisory Committees 7826. The board may establish one or more technical advisory committees to advise and assist the board with respect to the following: (a) Application review and verification for any level of registration, licensure, authority, or title. (b) Evaluation and investigation of potential violations of this chapter. (c) Amendment, repeal, adoption, or revision of board rules, regulations, policies, and procedures. 7826.1. Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members. 7826.2. Each member of each technical advisory committee shall be an expert in the area of geology or geophysics within the committee' s jurisdiction and shall be licensed under this chapter. 7826.3. All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. 7826.4. Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. SEC. 26. Section 7841.2 is added to the Business and Professions Code , to read: 7841.2. An applicant for certification as a geologist-in-training shall comply with all of the following: (a) Not have committed acts or crimes constituting grounds for denial of certification under Section 480. (b) Successfully pass the Fundamentals of Geology examination. The applicant shall be eligible to sit for the Fundamentals of Geology examination after graduation with a degree in a geological science from a college or university the curriculum of which has been approved by the board. SEC. 27. Section 7852 of the Business and Professions Code is amended to read: 7852. (a) Each geologist registered under this chapter may, upon registration, obtain a seal of the design authorized by the board bearing the registrant's name, number of his or her certificate, and the legend "professional geologist." (b) Each specialty geologist certified under this chapter may, upon certification, obtain a seal of the design authorized by the board bearing the registrant's name, number of his or her certificate, and the legend"certified specialty geologist."of the appropriate specialty in geology in which he or she is certified under this chapter. SEC. 28. Section 7852.1 of the Business and Professions Code is amended to read: 7852.1. (a) Each geophysicist registered under this chapter may, upon registration, obtain a seal of the design authorized by the board bearing the registrant's name, number of his or her certificate, and the legend "professional geophysicist." (b) Each specialty geophysicist certified under this chapter may, upon certification, obtain a seal of the design authorized by the board bearing the registrant's name, number of his or her certificate and the legend"certified specialty geophysicist."of the appropriate specialty in geophysics in which he or she is certified under this chapter. SEC. 29. Section 8710.1 of the Business and Professions Code is amended to read: 8710.1. Protection of the public shall be the highest priority for the Board for ProfessionalEngineers and Land SurveyorsEngineers, Land Surveyors, and Geologists in exercising its licensing, regulatory, and disciplinary functions. Whenever protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 30. Section 8714 is added to the Business and Professions Code , to read: 8714. The board shall establish relations with bodies that regulate the practice of professional land surveying, or closely related professions, or that register or license professional land surveyors in other states, and may establish relations with those bodies in other countries, for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure. SEC. 31. Section 8780 of the Business and Professions Code is amended to read: 8780. The board mayreceive and, upon its own initiative or upon the receipt of a complaint , investigatecomplaints against registeredthe actions of any landsurveyors and registeredsurveyor licensed under this chapter or any civilengineers,engineer licensed under the provision s of Chapter 7 (commencing with Section 6700) who is legally authorized to practice land surveying and make findings thereon. By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the license or certificate of anylicensedland surveyor licensed under this chapter orregisteredcivil engineer, respectively,licensed underthis chapter or registered underthe provisions of Chapter 7 (commencing with Section 6700), whom it finds to be guilty ofwho is legally authorized to practice land surveying on any of the following grounds : (a) Any fraud, deceit, or misrepresentation in his or her practice of land surveying. (b) Any negligence or incompetence in his or her practice of land surveying. (c) Any fraud or deceit in obtaining his or her license. (d) Any violation of any provision of this chapter or of any other law relating to or involving the practice of land surveying. (e) Any conviction of a crime substantially related to the qualifications, functions, and duties of a land surveyor. The record of the conviction shall be conclusive evidence thereof. (f) Aiding or abetting any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter . (g) A breach or violation of a contract to provide land surveying services. (h) A violation in the course of the practice of land surveying of a rule or regulation of unprofessional conduct adopted by the board. SEC. 32. Section 8780.1 of the Business and Professions Code is amended to read: 8780.1. The board mayreceive and, upon its own initiative or upon the receipt of a complaint, investigatecomplaints againstthe actions of any landsurveyors-in-trainingsurveyor-in-training and make findings thereon. By a majority vote, the board may revoke the certificate of any land surveyor-in-training: (a) Who has been convicted of a crime as defined in subdivision (a) of Section 480. (b) Who has committed any act that would be grounds for denial of a license pursuant to Section 480 or 496. (c) Who hasbeen found guilty ofcommitted any act of fraud, deceit, or misrepresentation in obtaining his or her land surveyor-in-training certificate or license as a professional land surveyor. (d) Who aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter . (e) Who violates Section 119 with respect to a land surveyor-in-training certificate. (f) Who commits any act described in Section 8792. (g) Who violates any provision of this chapter. SEC. 33. Section 8805 of the Business and Professions Code is amended to read: 8805. The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (a) The fee for filing each application for licensure as a land surveyor at not more than four hundred dollars ($400) and for each application for certification as a land surveyor-in-training (LSIT) at not more than one hundred dollars ($100). (b) The fees to take an examination administered by a public or private organization pursuant to Section87548745 shall be no greater than the actual cost of the development and administration of the examination and may be paid directly to the organization by the applicant. (c) The renewal fee for a land surveyor at not more than the application fee. (d) The fee for a retired license at not more than 50 percent of the professional land surveyor application fee in effect on the date of application. (e) The delinquency fee at not more than 50 percent of the renewal fee in effect on the date of reinstatement. (f) The board shall establish by regulation an appeal fee for examination. The regulation shall include provisions for an applicant to be reimbursed the appeal fee if the appeal results in passage of examination. The fee shall be no more than the costs incurred by the board. (g) All other document fees are to be set by the board by rule. SEC. 34. Section 22253.2 of the Business and Professions Code is amended to read: 22253.2. (a) The Franchise Tax Board shall notify the California Tax Education Council when it identifies an individual who has violated paragraph (1) of subdivision (a) of Section 22253. (b) Upon receiving the notice described in subdivision (a), the California Tax Education Councilshallmay notify the Attorney General, a district attorney, or a city attorney of the violation. Upon receiving this notice, the Attorney General, a district attorney, or a city attorney may do any of the following: (1) Cite individuals preparing tax returns in violation of subdivision (a) of Section 22253. (2) Levy a fine up to five thousand dollars ($5,000) per violation. (3) Issue a cease and desist order, which shall remain in effect until the individual has complied with paragraph (1) of subdivision (a) of Section 22253. (c) The California Tax Education Council may enter into an agreement with the Franchise Tax Board to provide reimbursement to the Franchise Tax Board for any expenses incurred by the Franchise Tax Board to implement subdivision (a) of this section. SEC. 35. Section 22255 of the Business and Professions Code is amended to read: 22255. (a) The council shall issue a "certificate of completion" to the tax preparer when the tax preparer demonstrates that he or she has (1) completed not less than 60 hours of instruction in basic personal income tax law, theory, and practice by an approved curriculum provider within the previous 18 months; and (2) provides evidence of compliance with the bonding requirement of Section 22250, including the name of the surety company, the bond number, and the bond expiration date. Of the required 60 hours, 45 hours shall be concerned with federal tax curriculum and 15 hours shall be concerned with state tax curriculum. (b) A tax preparer shall complete on an annual basis not less than 20 hours of continuing education, including1215 hours in federal taxation,fourand five hours in California taxationand an additional four hours in either federal or California taxationfrom an approved curriculum provider. The council shall issue annually a "statement of compliance" when the tax preparer demonstrates that he or she has (1) completed the required 20 hours of continuing education, and (2) provides evidence of compliance with the bonding requirement of Section 22250, including the name of the surety company, the bond number, and the bond expiration date. (c) An individual who possesses a minimum of two recent years experience in the preparation of personal income tax returns may petition the council to review the experience and determine if it is the equivalent of the required qualifying education. The council may provide that individual with a "certificate of completion" if it is determined that the experience is the equivalent of the required hours. Tax preparation performed in situations that violate this chapter, by an individual who is neither registered nor exempted, may not be used toward the qualifying experience needed for registration as a tax preparer.SEC. 10.SEC. 36. Section 9148.8 of the Government Code is amended to read: 9148.8. The appropriate policy committee shall evaluate a plan prepared pursuant to Section 9148.4 or 9148.6.SEC. 11.SEC. 37. 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 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. 12.SEC. 38. Section 7106 of the Public Contract Code is amended to read: 7106. Every bid on every public works contract of a public entity shall include a declaration under penalty of perjury under the laws of the State of California, in the following form: ""NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the ____ of ____, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. 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 to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham 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. 13.SEC. 39. 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.