BILL NUMBER: SB 771 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business and Professions (Senators
Figueroa (Chair), Machado, Morrow, Murray, O'Connell, and Polanco)
FEBRUARY 23, 2001
An act to amend Sections 7006, 7026, 7027.3, 7028.7, 7028.13,
7059.1, 7071.11, 7074, 7091, 7112, 7153, 17910.5, 17913, 17917,
17923, 22355 and 22453.1 of, and to add Sections 5080.5, 5536.26 and
7112.1 to, the Business and Professions Code, relating to the
regulation of businesses.
LEGISLATIVE COUNSEL'S DIGEST
SB 771, as introduced, Senate Committee on Business and
Professions. Regulation of businesses.
(1) Existing law authorizes the California Board of Accountancy to
regulate the practice of accounting. This includes taking
applications from candidates and issuing certificates and permits to
practice public accounting to individuals that meet the requirements
established by the board.
This bill would prohibit the board from requiring an applicant to
provide his or her social security number to the board.
(2) Existing law, the Architects Practice Act, provides that
architects may plan the sites and designs of buildings and
structures, and that professional services include the compliance
with applicable codes and regulations, the governmental review
process and contract administration.
This bill would provide that the use of the words "certify" or
"certification" by a licensed architect would constitute a
professional opinion regarding the facts which are the subject of the
certification and would not be considered a warranty or guarantee.
(3) Existing law, the Contractors' State Licensing Board,
authorizes the board to conduct all functions and duties relating to
the licensing, regulation, and discipline of licensees. The
registrar is the executive officer who carries out the board's
administrative duties and tasks delegated by the board. Existing law
specifies when the board will conduct its meetings, what activities
contractors may perform, what criminal penalties exist when a
licensed or unlicensed person intentionally uses a contractors
license number that does not belong to him or her. Existing law
provides how much time the registrar has to collect civil penalties
from nonlicensee citations, provides licensing requirements for
fictitious name usage, provides time frames for filing claims against
a licensee's cash deposit, sets requirements regarding the licensing
examination process, and addresses misrepresentation and fraud
concerning license application and renewal.
This bill would authorize the board to meet once each quarter,
allow contractors to deal with underground storage tanks, allow the
registrar to issue citations to unlicensed individuals and
unregistered salespersons the registrar believes violated the
Contractors' State License Law, and authorize the registrar to use
collection agencies to collect civil penalties. This bill would also
provide that a licensee could only conduct business under one name
per license, extend the time in which a claim could be made against a
licensee's cash deposit to 3 years after the expiration of the
license, revise the licensing examination procedures, and expand the
grounds for disciplinary action during the license application and
renewal process concerning misrepresentations or omissions made on
the application or renewal form.
(4) Existing law does not allow the use of a fictitious business
name that includes the words or abbreviations "Company," "Limited,"
"Co.," or "Ltd." if a business is not a limited liability company.
This bill would allow the use of a fictitious business name that
includes the words or abbreviations "Company," "Limited," "Co.," or
"Ltd." if that use does not imply that the business is a limited
liability company.
Existing law requires that a fictitious business name statement
contain the name or names of the person or persons doing business,
the name of the business, and when the business began operating under
the fictitious name. The form must be signed by the applicant or
applicants and filed with the county clerk where the business is
located.
This bill would require the applicant or applicants to declare
under penalty of perjury that the contents of the fictitious business
name statement are true and correct. Since the filing of a false
statement would constitute a crime, the bill would impose a
state-mandated local program.
Existing law requires the publication of a refiled fictitious
business name statement when the prior statement has expired unless
there are no changes in the information in the statement.
This bill would provide that the exception from republication of a
fictitious business name statement applies only if the statement is
refiled within 40 days of the expiration date of the previous
statement. This bill would also eliminate an exception from
publication of a statement of withdrawal from a partnership operating
under a fictitious business name.
(5) Existing law requires that county clerks issue permanent
identification cards with a photograph to each process server and
register professional photocopiers.
This bill would require each county clerk to issue temporary
identification cards, valid for 120 days, to applicants while waiting
for background checks from the Federal Bureau of Investigation and
the Department of Justice. By requiring county clerks to issue
temporary identification cards, this bill would impose a
state-mandated local program. This bill would correct an erroneous
section reference in a provision regulating the fee payable in
connection with the filing of an application with a county clerk for
registration as a professional photocopier.
(6) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 5080.5 is added to the Business and Professions
Code, to read:
5080.5. Notwithstanding any other provision of law, an applicant
for licensure with the California Board of Accountancy shall not be
required to provide the board his or her federal social security
number.
SEC. 2. Section 5536.26 is added to the Business and Professions
Code, to read:
5536.26. The use of the words "certify" or "certification" by a
licensed architect in the practice of architecture constitutes an
expression of professional opinion regarding those facts or findings
that are the subject of the certification, and does not constitute a
warranty or guarantee, either expressed or implied.
SEC. 3. Section 7006 of the Business and Professions Code is
amended to read:
7006. The board shall hold not less than four regular
meetings each fiscal year, once in July, once in October, once in
January and once in April, meet at least once each
calendar quarter for the purpose of transacting such
business as may properly come before it. At the
July meeting of each year the board shall elect officers.
Special meetings of the board may be held at such
times as the board may provide in its by-laws. Four
members of the board may call a special meeting at any time.
SEC. 4. Section 7026 of the Business and Professions Code is
amended to read:
7026. "Contractor," for the purposes of this chapter, is
synonymous with "builder" and, within the meaning of this chapter, a
contractor is any person, who undertakes to or offers to undertake
to, or purports to have the capacity to undertake to, or submits a
bid to, or does himself or herself or by or through
others, construct, alter, repair, add to, subtract from, improve,
move, wreck or demolish any building, highway, road, parking
facility, railroad, excavation or other structure, project,
development or improvement, or to do any part thereof, including the
erection of scaffolding or other structures or works in connection
therewith, or the cleaning of grounds or structures in connection
therewith, or the preparation and removal of roadway construction
zones, lane closures, flagging, or traffic diversions, or the
installation, repair, maintenance, or calibration of monitoring
equipment for underground storage tanks, and whether or not the
performance of work herein described involves the addition to, or
fabrication into, any structure, project, development or improvement
herein described of any material or article of merchandise.
"Contractor" includes subcontractor and specialty contractor.
"Roadway" includes, but is not limited to, public or city streets,
highways, or any public conveyance.
SEC. 5. Section 7027.3 of the Business and Professions Code is
amended to read:
7027.3. Any person, licensed or unlicensed, who willfully and
intentionally uses, with intent to defraud, a contractor's license
number which that does not correspond
to the number on a currently valid contractor's license held by that
person, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in state prison, or in county jail for
not more than one year, or by both the fine and imprisonment. The
penalty provided by this section is cumulative to the penalties
available under all other laws of this state. If, upon
investigation, the registrar has probable cause to believe that an
unlicensed individual is in violation of this section, the registrar
may issue a citation pursuant to Section 7028.7.
SEC. 6. Section 7028.7 of the Business and Professions Code is
amended to read:
7028.7. If upon inspection or investigation, either upon
complaint or otherwise, the registrar has probable cause to believe
that a person is acting in the capacity of or engaging in the
business of a contractor or salesperson within this state
without having a license or registration in good standing
to so act or engage, and the person is not otherwise exempted from
this chapter, the registrar shall issue a citation to that person.
Within 72 hours of receiving notice that a public entity is intending
to award, or has awarded, a contract to an unlicensed contractor,
the registrar shall give written notice to the public entity that a
citation may be issued if a contract is awarded to an unlicensed
contractor. If after receiving the written notice from the registrar
the public entity has awarded or awards the contract to an
unlicensed contractor , the registrar may issue a citation
to the responsible officer or employee of the public entity as
specified in Section 7028.15. Each citation shall be in writing and
shall describe with particularity the basis of the citation. Each
citation shall contain an order of abatement and an assessment of a
civil penalty in an amount not less than two hundred dollars ($200)
nor more than fifteen thousand dollars ($15,000). With the approval
of the Contractors' State License Board the registrar shall prescribe
procedures for the issuance of a citation under this section. The
Contractors' State License Board shall adopt regulations covering the
assessment of a civil penalty which that
shall give due consideration to the gravity of the violation,
and any history of previous violations. The sanctions authorized
under this section shall be separate from, and in addition to, all
other remedies either civil or criminal.
SEC. 7. Section 7028.13 of the Business and Professions Code is
amended to read:
7028.13. (a) After the exhaustion of the review
procedures provided for in Sections 7028.10 to 7028.12, inclusive,
the registrar may apply to the appropriate superior court for a
judgment in the amount of the civil penalty and an order compelling
the cited person to comply with the order of abatement. The
application, which shall include a certified copy of the final order
of the registrar, shall constitute a sufficient showing to warrant
the issuance of the judgment and order. If the cited person did
not appeal the citation, a certified copy of the citation and proof
of service, and a certification that the person cited is not or was
not a licensed contractor or applicant for a license at the time of
issuance of the citation, shall constitute a sufficient showing to
warrant the issuance of the judgment and order.
(b) Notwithstanding any other provision of law, the registrar may
delegate the collection of the civil penalty for any citation issued
to any person or entity legally authorized to engage in collections.
Costs of collection shall be borne by the person cited. The
registrar shall not delegate the authority to enforce the order of
abatement.
(c) Notwithstanding any other provision of law, the registrar
shall have the authority to assign the rights to the civil penalty,
or a portion thereof, for adequate consideration. The assignee and
the registrar shall have all the rights afforded under the ordinary
laws of assignment of rights and delegation of duties. The registrar
shall not assign the order of abatement. The assignee may apply to
the appropriate superior court for a judgment based upon the assigned
rights upon the same evidentiary showing as set forth in subdivision
(a).
(d) Notwithstanding any other provision of law, including
subdivisions (1) and (2) of Section 340 of the Code of Civil
Procedure, the registrar or his or her designee or assignee shall
have four years from the date of the final order to collect civil
penalties except that the registrar or his or her designee or
assignee shall have 10 years from the date of the judgment to enforce
civil penalties on citations that have been converted to judgments
through the process described in subdivisions (a) and (c).
SEC. 8. Section 7059.1 of the Business and Professions Code is
amended to read:
7059.1. (a) A licensee shall not use any business
name style which that indicates
the licensee is qualified to perform work in classifications other
than those issued for that license, or any business name
style which that is incompatible with
the type of business entity licensed.
(b) A licensee shall not conduct business under more than one name
for each license. Nothing in this section shall prevent a licensee
from obtaining a business name change as otherwise provided by this
chapter.
SEC. 9. Section 7071.11 of the Business and Professions Code is
amended to read:
7071.11. (a) A copy of the complaint in a civil action commenced
by a person claiming against a bond required by this article shall be
served by registered or certified mail upon the registrar by the
clerk of the court at the time the action is commenced and the
registrar shall maintain a record, available for public inspection,
of all actions so commenced. The aggregate liability of a surety on
a claim for wages and fringe benefits brought against any bond
required by this article, other than a bond required by Section
7071.8, shall not exceed the sum of four thousand dollars ($4,000).
If any bond which may be required is insufficient to pay all claims
in full, the sum of the bond shall be distributed to all claimants in
proportion to the amount of their respective claims. Any action,
other than an action to recover wages or fringe benefits, against a
contractor's bond or a bond of a qualifying individual filed by an
active licensee shall be brought within two years after the
expiration of the license period during which the act or omission
occurred, or within two years of the date the license of the active
licensee was inactivated, canceled, or revoked by the board,
whichever first occurs. Any action, other than an action to recover
wages or fringe benefits, against a disciplinary bond filed by an
active licensee pursuant to Section 7071.8 shall be brought within
two years after the expiration of the license period during which the
act or omission occurred, or within two years of the date the
license of the active licensee was inactivated, canceled, or revoked
by the board, or within two years after the last date for which a
disciplinary bond filed pursuant to Section 7071.8 was required,
whichever date is first. A claim to recover wages or fringe benefits
shall be brought within six months from the date that the wage or
fringe benefit delinquencies were discovered, but in no event shall a
civil action thereon be brought later than two years from the date
the wage or fringe benefit contributions were due.
(b) When the surety makes payment on any claim against a bond
required by this article, whether or not payment is made through a
court action or otherwise, the surety shall, within 30 days of the
payment, notify the registrar. The notice shall contain, on a form
prescribed by the registrar, the name and license number of the
contractor, the surety bond number, the amount of payment, the
statutory basis upon which the claim is made, and the names of the
person or persons to whom payments are made.
(c) Any judgment or admitted claim against, or good faith payment
from, a bond required by this article shall constitute grounds for
disciplinary action against the licensee, except in those cases of
good faith payment where the licensee has, in writing, timely
instructed the surety not to make payment from the bond on his or her
account, upon the specific grounds that (1) the claim is opposed by
the licensee, and (2) the licensee has, in writing, previously
directed to the surety a specific and reasonable basis for his or her
opposition to payment. The license may not be reissued or
reinstated while any judgment or admitted claim in excess of the
amount of the bond remains unsatisfied. Further, the license may not
be reissued or reinstated while any surety remains unreimbursed for
loss and expense sustained on any bond issued for the licensee or for
any entity of which any officer, director, member, partner, or
qualifying person was an officer, director, member, partner, or
qualifying person of the licensee while the licensee was subject to
disciplinary action under this section. The board shall require the
licensee to file a new bond in an amount as required pursuant to
Section 7071.8.
(d) Legal fees may not be charged against the bond by the board.
(e) In any case in which a claim is filed against a deposit given
in lieu of a bond by any employee or by an employee organization on
behalf of an employee, concerning wages or fringe benefits based upon
the employee's employment, claims for the nonpayment
thereof shall be filed with the Labor Commissioner. The
Labor Commissioner shall, pursuant to the authority vested by Section
96.5 of the Labor Code, conduct hearings to determine whether or not
the wages or fringe benefits should be paid to the complainant.
Upon a finding by the commissioner that the wages or fringe benefits
should be paid to the complainant, the commissioner shall notify the
registrar of the findings. The registrar shall not make payment from
the deposit on the basis of findings by the commissioner for a
period of 10 days following determination of the findings. If,
within the period, the complainant or the contractor files written
notice with the registrar and the commissioner of an intention to
seek judicial review of the findings pursuant to Section 11523 of the
Government Code, the registrar shall not make payment, if an action
is actually filed, except as determined by the court. If,
thereafter, no action is filed within 60 days following determination
of findings by the commissioner, the registrar shall make payment
from the deposit to the complainant.
(f) Any action, other than an action to recover wages or fringe
benefits, against a deposit given in lieu of a contractor's bond or
bond of a qualifying individual filed by an active licensee shall be
brought within two three years after
the expiration of the license period during which the act or omission
occurred, or within two three years
after the date the license was inactivated, canceled, or revoked by
the board, whichever first occurs. Any action, other than an action
to recover wages or fringe benefits, against a deposit given in lieu
of a disciplinary bond filed by an active licensee pursuant to
Section 7071.8 shall be brought within two
three years after the expiration of the license period during
which the act or omission occurred, or within two
three years of the date the license of the active licensee
was inactivated, canceled, or revoked by the board, or within
two three years after the last date for
which a deposit given in lieu of a disciplinary bond filed pursuant
to Section 7071.8 was required, whichever date is first. If the
board is notified of a complaint relative to a claim against the
deposit, the deposit shall not be released until the complaint has
been adjudicated.
SEC. 10. Section 7074 of the Business and Professions Code is
amended to read:
7074. An Except as otherwise provided by
this section, an application for an original license, for an
additional classification or for a change of qualifier shall become
void when:
(a) The applicant or examinee for the applicant has failed to
appear for the scheduled qualifying examination and fails to request
and pay the fee for rescheduling within 90 days of notification of
failure to appear, or, after being rescheduled, has failed to appear
for a second examination.
(b) The applicant or the examinee for the applicant has failed to
achieve a passing grade in the scheduled qualifying examination, and
fails to request and pay the fee for rescheduling within 90 days of
notification of failure to pass the examination.
(c) The applicant or the examinee for the applicant has failed to
achieve a passing grade in the qualifying examination within
three scheduled examinations 18 months after the
application has been deemed acceptable by the board .
(d) The applicant for an original license, after having been
notified to do so, fails to pay the initial license fee within 90
days from the date of such notice.
(e) The applicant, after having been notified to do so, fails to
file within 90 days from the date of such the
notice any bond or cash deposit or other documents
which that may be required for issuance or
granting pursuant to this chapter.
(f) After filing, the applicant withdraws the application.
(g) The applicant fails to return the application rejected by the
board for insufficiency or incompleteness within 90 days from the
date of original notice or rejection.
(h) The application is denied after disciplinary proceedings
conducted in accordance with the provisions of this code. The
void date on an application may be extended up to 90 days or one
examination may be rescheduled without a fee upon documented evidence
by the applicant that the failure to complete the application
process or to appear for an examination was due to a medical
emergency or other circumstance beyond the control of the applicant.
An application voided pursuant to the provisions of this section
shall remain in the possession of the registrar for such period as he
or she deems necessary and shall not be returned to the
applicant. Any reapplication for a license shall be accompanied by
the fee fixed by this chapter.
SEC. 11. Section 7091 of the Business and Professions Code is
amended to read:
7091. (a) A complaint against a licensee alleging commission of
any patent acts or omissions that may be grounds for legal action
shall be filed in writing with the registrar within four years after
the act or omission alleged as the ground for the disciplinary
action. An accusation or citation against a licensee shall be filed
within four years after the patent act or omission alleged as the
ground for disciplinary action or within 18 months from the date of
the filing of the complaint with the registrar, whichever is later,
except that with respect to an accusation alleging a violation of
Section 7112, the accusation may be filed within two years after the
discovery by the registrar or by the board of the alleged facts
constituting the fraud or misrepresentation prohibited by the
section.
(b) A complaint against a licensee alleging commission of any
latent acts or omissions that may be grounds for legal action
pursuant to subdivision (a) of Section 7109 regarding structural
defects, as defined by regulation, shall be filed in writing with the
registrar within 10 years after the act or omission alleged as the
ground for the disciplinary action. An accusation and citation
against a licensee shall be filed within 10 years after the latent
act or omission alleged as the ground for disciplinary action or
within 18 months from the date of the filing of the complaint with
the registrar, whichever is later, except that with respect to an
accusation alleging a violation of Section 7112, the accusation may
be filed within two years after the discovery by the registrar or by
the board of the alleged facts constituting the fraud or
misrepresentation prohibited by Section 7112. As used in this
section "latent act or omission" means an act or omission that is not
apparent by reasonable inspection.
(c) An accusation regarding an alleged breach of an express,
written warranty for a period in excess of the time periods specified
in subdivisions (a) and (b) issued by the contractor shall be filed
within the duration of that warranty.
(d) The proceedings under this article shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the registrar shall have all the powers granted therein.
(e) Nothing in this section shall be construed to affect the
liability of a surety or the period of limitations prescribed by law
for the commencement of actions against a surety or cash deposit.
(f) The board shall adopt regulations to define the term
"structural defect" for purposes of this section by December 31,
1995.
SEC. 12. Section 7112 of the Business and Professions Code is
amended to read:
7112. Misrepresentation Omission or
misrepresentation of a material fact by an applicant or a
licensee in obtaining , or renewing a license ,
or in adding a classification to an existing license
constitutes a cause for disciplinary action.
SEC. 13. Section 7112.1 is added to the Business and Professions
Code, to read:
7112.1. Any classification that has been added to an existing
license record as a result of an applicant or licensee omitting or
misrepresenting a material fact shall be expunged from the license
record pursuant to a final order of the registrar evidencing a
violation of Section 7112.
SEC. 14. Section 7153 of the Business and Professions Code is
amended to read:
7153. (a) It is a misdemeanor for any person to engage in the
occupation of salesperson for one or more home improvement
contractors within this state without having a registration issued by
the registrar for each of the home improvement contractors by whom
he or she is employed as a home improvement salesperson. If,
upon investigation, the registrar has probable cause to believe that
a salesperson is in violation of this section, the registrar may
issue a citation pursuant to Section 7028.7.
It is a misdemeanor for any person to engage in the occupation of
salesperson of home improvement goods or services within this state
without having a registration issued by the registrar.
(b) Any security interest taken by a contractor, to secure any
payment for the performance of any act or conduct described in
Section 7151 that occurs on or after January 1, 1995, is
unenforceable if the person soliciting the act or contract was not a
duly registered salesperson or was not exempt from registration
pursuant to Section 7152 at the time the homeowner signs the home
improvement contract solicited by the salesperson.
SEC. 15. Section 17910.5 of the Business and Professions Code is
amended to read:
17910.5. (a) No person shall adopt any fictitious business name
which includes "Corporation," "Corp.," "Incorporated," or "Inc."
unless such that person is a
corporation organized pursuant to the laws of this state or some
other jurisdiction.
(b) No person shall adopt any fictitious business name that
includes "Limited Liability Company" (whether using the
complete words or the abbreviations "Ltd." and "Co." or either of
them) or "LLC" or "LC" unless such
that person is a limited liability company organized pursuant
to the laws of this state or some other jurisdiction. A person
is not prohibited from using the complete words "Limited" or "Company"
or their abbreviations in the person's business name as long as that
use does not imply that the person is a limited liability company.
(c) A county clerk shall not accept a fictitious business name
statement which would be in violation of this section.
SEC. 16. Section 17913 of the Business and Professions Code is
amended to read:
17913. (a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing business as
* _______________________________________________________
at ** _________________________________________________:
*** ________________________________________
________________________________________
________________________________________
________________________________________
This business is conducted by ****_____________________
The registrant commenced to transact business under the
fictitious business name or names listed above on
***** ______________________________________
I declare under penalty of perjury under the laws of the
State of
California that all information in this statement is true and
correct.
Signed _______________________________
Statement filed with the County Clerk of _______ County
on ______________
NOTICE--THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS FROM THE
DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK. A NEW
FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THAT TIME.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN
THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS
OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION
14400 14411 ET SEQ., BUSINESS AND PROFESSIONS
CODE).
(b) The statement shall contain the following information set
forth in the manner indicated in the form provided by subdivision
(a):
(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated at
the same address may be listed on one statement.
(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address of his or her principal place of business in this state. If
the registrant has no place of business in this state, insert the
street address of his or her principal place of business outside this
state.
(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and
residence address. If the registrant is a partnership or other
association of persons, insert the full name and residence address of
each general partner. If the registrant is a limited liability
company, insert the name of the limited liability company as set out
in its articles of organization and the state of organization. If
the registrant is a business trust, insert the full name and address
of each trustee. If the registrant is a corporation, insert the name
of the corporation as set out in its articles of incorporation and
the state of incorporation.
(4) Where the four
asterisks (****) appear in the form, insert whichever of the
following best describes the nature of the business: (i) "an
individual," (ii) "a general partnership," (iii) "a limited
partnership," (iv) "a limited liability company," (v) "an
unincorporated association other than a partnership," (vi) "a
corporation," (vii) "a business trust," (viii) "copartners," (ix)
"husband and wife," (x) "joint venture," or (xi) "other--please
specify."
(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact business
under the fictitious business name or names listed, if already
transacting business under that name or names. If the registrant has
not yet commenced to transact business under the fictitious business
name or names listed, insert the statement, "Not applicable."
SEC. 17. Section 17917 of the Business and Professions Code is
amended to read:
17917. (a) Within 30 days after a fictitious business name
statement has been filed pursuant to this chapter, the registrant
shall cause a statement in the form prescribed by subdivision (a) of
Section 17913 to be published pursuant to Government Code Section
6064 in a newspaper of general circulation in the county in which the
principal place of business of the registrant is located or, if
there is no such newspaper in that county, then in a newspaper of
general circulation in an adjoining county. If the registrant does
not have a place of business in this state, the notice shall be
published in a newspaper of general circulation in Sacramento County.
(b) Subject to the requirements of subdivision (a), the newspaper
selected for the publication of the statement should be one that
circulates in the area where the business is to be conducted.
(c) Where If a new
statement refiling is required because the prior
statement has expired under subdivision (a) of Section
17920 , the new statement refiling
need not be published unless there has been a change in the
information required in the expired statement , provided the
refiling is filed within 40 days of the date the statement expired
.
(d) An affidavit showing the publication of the statement shall be
filed with the county clerk within 30 days after the completion of
the publication.
SEC. 18. Section 17923 of the Business and Professions Code is
amended to read:
17923. (a) Any person who is a general partner in a partnership
that is or has been regularly transacting business in a fictitious
business name may, upon withdrawing as a general partner, file a
statement of withdrawal from partnership operating under fictitious
business name. The statement shall be executed by the person filing
the statement in the same manner as a fictitious business name
statement and shall be filed with the county clerk of the county
where the partnership filed its fictitious business name statement.
(b) The statement shall include:
(1) The fictitious business name of the partnership.
(2) The date on which the fictitious business name statement for
the partnership was filed and the county where filed.
(3) The street address of its principal place of business in this
state or, if it has no place of business in this state, the street
address of its principal place of business outside this state, if
any.
(4) The full name and residence of the person withdrawing as a
partner.
(c) Unless a notice of the dissolution of the partnership
has been published pursuant to Section 15035.5 of the Corporations
Code, the The statement of withdrawal from
partnership operating under a fictitious business name shall be
published in the same manner as the fictitious business name
statement and an affidavit showing the publication of the statement
shall be filed with the county clerk after the completion of the
publication.
(d) The withdrawal of a general partner does not cause a
fictitious business name statement to expire if the withdrawing
partner files a statement of withdrawal in accordance with
subdivisions (a) and (b) and the requirement of subdivision (c) is
satisfied.
SEC. 19. Section 22355 of the Business and Professions Code is
amended to read:
22355. (a) The county clerk shall maintain a register of process
servers and assign a number and issue an identification card to each
process server. The county clerk shall issue a temporary
identification card to applicants who are required to submit
fingerprint cards for background checks to the Federal Bureau of
Investigation and the Department of Justice. This card shall be
valid for 120 days. If clearance is received from the Federal Bureau
of Investigation and the Department of Justice within 120 days, the
county clerk shall immediately issue a permanent identification card
to the applicant. Upon renewal of a certificate of
registration, the same number shall be assigned, provided there is no
lapse in the period of registration.
(b) The temporary and permanent identification
card cards shall be a card
33/8 inches by 21/4 inches and shall contain at the top the title,
"Registered Process Server," followed by the registrant's name,
address, registration number, date of expiration, and county of
registration. In the case of a natural person, it shall also contain
a photograph of the registrant in the lower left corner.
SEC. 20. Section 22453.1 of the Business and Professions Code is
amended to read:
22453.1. Notwithstanding Section 22453, any person registered
pursuant to Chapter 16 (commencing with Section 22350) shall pay a
fee of one hundred dollars ($100) instead of the fee of one hundred
seventy-five dollars ($175) otherwise required by Section
22452.1 22453 .
SEC. 21. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard 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 XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.