BILL ANALYSIS
SB 1914
Page 1
Date of Hearing: June 22, 2004
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Lou Correa, Chair
SB 1914 (Committee on Business and Professions) - As Amended:
June 14, 2004
SENATE VOTE : 36-0
SUBJECT : Contractors: court reporters.
SUMMARY : Makes several non-controversial, minor,
non-substantive and technical changes to various provisions that
pertain to regulatory boards of the State Department of Consumer
Affairs (DCA). Specifically, this bill :
1)Makes the following changes pertaining to the licensing of
contractors by the Contractors State License Board (CSLB):
a) Replaces the previously used term "deputy registrars"
with the currently used term "enforcement representatives."
b) Specifies that unlicensed contractors may not perform or
engage in asbestos-related work without the required
certification.
c) Deletes the requirement that a person who performs small
contracting jobs (less than $500), which are exempt from
the state license requirement, must provide a notice to a
consumer that he or she is not licensed by CSLB.
d) Deletes the prohibition that an applicant for licensure
who has been convicted of working as an unlicensed
contractor must wait at least one year before he or she may
apply for a contractor's license.
e) Conforms the amount of the bond that is required to
obtain a license as a qualifying individual to the amount
of the contractor's license bond as of January 1, 2007.
f) Deletes the requirement that court clerks serve the
Registrar of CSLB by registered or certified mail, with a
copy of any complaint in any civil action against a license
bond.
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g) Specifies that the required change-of-address notices
licensees must provide to CSLB within 90 days must be on a
form approved by CSLB.
h) Expands the definition of disciplinary cases that are
eligible for resolution through arbitration.
i) Shortens the time period, from one year to 90 days, in
which a licensed contractor must reinstate his or her
license following its suspension for failure to pay a civil
penalty or comply with an order of correction.
j) Exempts employment as a bona fide employee from the
prohibition against employing persons who have been denied
or had action taken against their license or the license of
an entity with which they were associated.
aa) Eliminates the 30-day grace period for delinquent fees.
bb) Deletes obsolete provisions and makes other technical
changes.
2)Makes the following changes pertaining to licensing of
shorthand reporters by the Court Reporters Board (CRB):
a) Requires a licensee to notify CRB of any misdemeanor
conviction.
b) Authorizes CRB to issue an interim permit to successful
applicants. Specifies that the interim permit shall be
valid for up to 45 days or until the initial certificate
fee is received and the permanent certificate is issued,
whichever comes first.
c) Requires public schools to disclose the same information
to prospective students that private schools are required
to disclose. Additionally, specifies that court reporting
schools must provide the disclosure information to all
students, both new and existing, by June 30, 2005.
3)Makes the following changes pertaining to the Landscape
Architects Technical Committee (LATC) within the California
Architects Board (CAB):
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a) Clarifies that the written examination waiver for
out-of-state applicants for reciprocity in California is
not required for an applicant who is currently licensed by
a U.S. jurisdiction, Canadian province or Puerto Rico and
has passed an equivalent examination.
b) Deletes the reference to the Council of Landscape
Architectural Registration Board's (CLARB) certification as
an option for meeting the waiver requirement.
c) Requires licensees to file their current mailing address
with CAB and to immediately notify CAB of any changes to
their mailing address.
d) Requires landscape architects to "stamp" all plans and
other instruments of service and specifies what that stamp
must include.
4)Makes the following changes pertaining to the Board for
Geologists and Geophysicists (BGG):
a) Establishes standards for applicants to receive a
geologist-in-training certification.
b) Changes the term "Registered Geologist" to "Professional
Geologist" throughout various code sections.
5)Makes other technical, non-substantive and clarifying changes
to various code sections.
EXISTING LAW :
1)Provides for the licensing and regulation of contractors by
CSLB.
2)Requires an unlicensed person engaging in a project under $500
to give notice to the consumer regarding his or her
non-licensee status.
3)Prohibits contractors from engaging in asbestos-related work
without the required certification.
4)Prohibits an applicant for licensure convicted of certain acts
from applying for licensure for a one-year period following
the conviction.
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5)Specifies that a delinquency fee is 50% of the renewal fee, if
the license is renewed more than 30 days after its expiration.
6)Requires a copy of a complaint in a civil action against a
contractor's bond to be served on the Registrar of CSLB by the
clerk of the court.
7)Prohibits CSLB from making public disclosure of complaints
against a licensee, except as specified.
8)Requires a contractor to file a bond in the amount of $10,000.
After January 1, 2007, the amount of the bond is to be
$12,500.
9)Requires a qualifying individual to file a bond in the amount
of $7,500.
10)Provides for a contractor's licensure examination, and
exempts certain persons from the examination.
11)Requires contractors changing certain information, including
business name or address, to notify the CSLB Registrar within
90 days of the change.
12)Makes employment of certain persons who have been denied a
license or had action taken against their license, or the
license of an entity that they were associated with, grounds
for disciplinary action.
13)Provides for the licensing and regulation of court reporters
by CRB.
14)Requires the payment of an initial certification fee prior to
certification as a court reporter.
FISCAL EFFECT : Unknown
COMMENTS : This is one of three omnibus committee bills authored
by the Senate Business and Professions Committee, which is
intended to consolidate a number of non-controversial provisions
related to regulatory programs governed by the Business and
Professions Code. Most of the provisions make minor, technical,
and clarifying changes, while others make more substantive
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changes with the intent to improve the ability of the various
licensing programs to administer their respective laws. It
should be noted that, because this is a committee bill, the
staff is willing to remove any provision of this bill that
generates controversy or opposition.
CSLB provisions . This bill contains legislative changes to the
Contractors' License Law proposed by CSLB. These changes
include the removal of several references to completed studies,
deletion of redundant notice requirements, formalization of
address change requests, clarification of the term "associate",
and correction of a mistake in a bill chaptered last year.
CRB provisions . Current licensing requirements specify that
applicants and licensees must notify CRB of any misdemeanor
conviction if the misdemeanor is substantially related to the
functions and duties of a court reporter. That statutory
language may be interpreted to mean that the individual may
determine whether an offense is related to the functions of the
court reporter. Consistent with other statutory requirements,
it is CRB's responsibility to determine whether or not a
conviction is related to the functions of a court reporter. The
temporary permit provision will allow applicants who have
successfully completed the requirements, including passage of
the exam, to begin to practice immediately while waiting for
their permanent certificate (license) to be sent to them by CRB.
LATC provisions . This bill is intended to clarify that an
applicant may qualify (based on determination by LATC) for a
waiver of the written examination when applying for reciprocity
in California if they are licensed by, and have taken an
equivalent exam in, the U.S., Canada or Puerto Rico. This bill
also deletes reference to CLARB certification, as CLARB is
authorized at any time to change their certification
requirements, which could bring LATC provisions into conflict
with any changes.
Geologist provisions . Current law does not provide for the
certification of geologists-in-training, as many other states
offer. This bill simply sets the standards under which an
applicant qualifies for such certification. In addition,
California as the only state to use the title "Registered
Geologist" to denote a licensed professional geologist. This
bill would change that term to "Professional Geologist" as is
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consistent with the practice of geology.
REGISTERED SUPPORT / OPPOSITION :
Support
Board for Geologists and Geophysicists
Board for Professional Engineers and Land Surveyors
Contractors State License Board
Opposition
None on file.
Analysis Prepared by : Renee' L. Brooks / B. & P. / (916)
319-3301