Bill Text: CA SB944 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 944 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 12, 2011
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, 7215, 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.
(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) This bill would incorporate additional changes to Section
3099.2 of the Labor Code proposed by AB 1346, to be operative only if
AB 1346 and this bill are both chaptered and become effective on or
before January 1, 2012, and this bill is chaptered last.
(9)
(10) 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 the
California 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 for Professional Engineers, Land Surveyors, and
Geologists in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests 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 the Geologist 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 the Geologist 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 may, upon its own initiative or upon the receipt
of a complaint, investigate the actions of any professional 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 engineer licensed under this chapter or may revoke the
temporary authorization granted to any person pursuant to Section
6760 on any of the following grounds:
(a) Any conviction of a crime substantially related to the
qualifications, functions , and duties of a licensed
professional engineer, in which case the certified record of
conviction shall be conclusive evidence thereof.
(b) Any deceit, misrepresentation, or fraud in his or her
practice.
(c) Any negligence or incompetence in his or her practice.
(d) A breach or violation of a contract to provide professional
engineering services.
(e) Any fraud, deceit, or misrepresentation in obtaining his or
her certificate as a professional engineer or in obtaining a
temporary authorization pursuant to Section 6760.
(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 violation in the course of the practice of professional
engineering of a rule or regulation of unprofessional conduct adopted
by the board.
(h) A 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 may, upon its own initiative or upon the
receipt of a complaint, investigate the 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 has committed 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.
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. 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. 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. 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. 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. 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. 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. 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. 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 client .
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) Within 90 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 employee in 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.
(m) "Health hazard" means any personal effects which if retained
would produce an unsanitary or unhealthful condition, or which might
damage other personal effects.
(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.
(o) "Licensee" means an individual, partnership, limited liability
company, or corporation licensed under this chapter as a
repossession agency.
(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.
(q) "Person" includes any individual, partnership, limited
liability company, or corporation.
(r) "Personal effects" means any property that is not the property
of the legal owner.
(s) "Private building" means and includes any dwelling,
outbuilding, or other enclosed structure.
(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.
(u) "Registrant" means a person registered under this chapter.
(v) "Secured area" means and includes any fenced and locked area.
(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.
(x) "Services" means any duty or labor to be rendered by one
person for another.
(y) "Violent act" means any act that results in bodily harm or
injury to any party involved.
(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 waives 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 Professional Engineers, Land Surveyors, and Geologists."
SEC. 23. Section 7821 of the Business and Professions Code is
amended to read:
7821. The board shall compile and maintain, or may have compiled
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.
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 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 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 Professional Engineers, 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 may, upon its own initiative or upon the receipt
of a complaint, investigate the actions of any land surveyor licensed
under this chapter or any civil engineer licensed under the
provisions 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 any land surveyor licensed under this chapter or civil engineer
licensed under the provisions of Chapter 7 (commencing with Section
6700) who 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 may, upon its own initiative or upon the
receipt of a complaint, investigate the actions of any land
surveyor-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 has committed 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 Section 8745 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 Council may 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, including 15 hours in federal
taxation , and 5 hours in California taxation from
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. 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. 37. SEC. 36. 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. 36.5. 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.
(4) Individuals desiring to be certified shall submit an
application for certification and examination that includes an
employment history report from the Social Security Administration.
The individual may redact his or her social security number from the
employment history report before it is submitted.
(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. 38. SEC. 37. 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. 38. Section 36.5 of this bill incorporates
amendments to Section 3099.2 of the Labor Code proposed by both this
bill and AB 1346. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2012, (2)
each bill amends Section 3099.2 of the Labor Code, and (3) this bill
is enacted after AB 1346, in which case Section 36 of this bill shall
not become operative.
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.
