BILL ANALYSIS
SB 1914
Page 1
SENATE THIRD READING
SB 1914 (Business and Professions Committee)
As Amended July 8, 2004
Majority vote
SENATE VOTE :36-0
BUSINESS AND PROFESSIONS 11-2 APPROPRIATIONS 16-4
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|Ayes:|Correa, Shirley Horton, |Ayes:|Chu, Laird, Calderon, |
| |Bermudez, Corbett, | |Corbett, Correa, |
| |Koretz, Leno, Maldonado, | |Firebaugh, Goldberg, |
| |Nation, Negrete McCleod, | |Leno, Nation, Negrete |
| |Vargas, Yee | |McLeod, Oropeza, Pavley, |
| | | |Levine, Steinberg, |
| | | |Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Aghazarian, Maze |Nays:|Runner, Bates, Haynes, |
| | | |Keene |
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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
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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, when court clerks serve
the Registrar of CSLB with a copy of complaints in civil
actions against a license bond, they must do so by
registered or certified mail;
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;
and,
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 a 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
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fee is received and the permanent certificate is issued,
whichever comes first; and,
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):
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 United States (U.S.) jurisdiction, Canadian province or
Puerto Rico, and who 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 notify CAB of any changes to their mailing
address within 30 days of that change; and,
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; and,
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.
FISCAL EFFECT : Negligible fiscal impact.
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COMMENTS : This is one of three omnibus committee bills authored
by the Senate Business and Professions Committee, which
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 changes
with the intent to improve the ability of the various licensing
programs to administer their respective laws.
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.
Regarding CRB, 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.
Regarding architects, this bill is intended to clarify that
applicants 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 references 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.
Regarding geologists, current law does not provide for the
certification of geologists-in-training, as many other states
offer. This bill sets the standards under which an applicant
qualifies for such certification. In addition, California is
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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 consistent with the
practice of geology.
Analysis Prepared by : Renee' L. Brooks / B. & P. / (916)
319-3301
FN: 0007321