BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1914|
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UNFINISHED BUSINESS
Bill No: SB 1914
Author: Senate Business and Professions Committee
Amended: 7/8/04
Vote: 21
SENATE BUSINESS & PROFESSIONS COMMITTEE : 5-0, 4/19/04
AYES: Aanestad, Cedillo, Machado, Murray, Figueroa
NO VOTE RECORDED: Brulte, Vincent
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR : 36-0, 5/10/04
AYES: Aanestad, Ackerman, Alarcon, Alpert, Ashburn,
Battin, Bowen, Brulte, Burton, Cedillo, Chesbro, Denham,
Ducheny, Dunn, Escutia, Figueroa, Florez, Johnson,
Karnette, Kuehl, Machado, Margett, McClintock, McPherson,
Morrow, Murray, Oller, Ortiz, Perata, Poochigian, Romero,
Scott, Soto, Speier, Torlakson, Vasconcellos
NO VOTE RECORDED: Hollingsworth, Sher, Vincent, Vacancy
SUBJECT : Business and Professions: omnibus bill
SOURCE : Author
DIGEST : This bill makes several non-controversial,
minor, non-substantive or technical changes to various
miscellaneous provisions pertaining to the following
regulatory boards of the State Department of Consumer
Affairs: Contractors' State License Board, Court Reporters
Board, Landscape Architects Technical Committee, and Board
for Geologists and Geophysicists.
CONTINUED
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Assembly Amendments :
1.Require landscape architects to file their current
mailing address with the California Architects Board and
to immediately notify the board of any changes to their
mailing address.
2.Establish standards for applicants to receive a
geologist-in-training certification.
3.Change the term "registered geologist" to "professional
geologist" throughout various code sections.
ANALYSIS :
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 the 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
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amount of the contractors' 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.
G. Specifies that the required change-of-address
notices licensees must provide to the board 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.
K. Eliminates the 30-day grace period for delinquent
fees.
L. Deletes obsolete provisions and makes other
technical changes.
2.Makes the following changes pertaining to the licensing
of contractors by the CRB:
A. Requires a licensee to notify the CRB of any
misdemeanor conviction.
B. Authorizes the 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.
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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 the 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 of
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.
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Comments
Purpose . This bill is one of three "committee bills"
authored by the Senate Business and Professions Committee
that are intended to consolidate a number of
non-controversial provisions related to various regulatory
programs governed by the Business and Professions Code, and
generally located within the State Department of Consumer
Affairs (DCA). Consolidating the provisions in one bill is
designed to relieve the various licensing boards from the
necessity and burden of having separate measures for a
number of non-controversial revisions.
Many of the provisions make minor, technical and updating
changes, while other provisions are substantive changes
which are intended to improve the ability of the various
licensing programs to efficiently and effectively
administer their respective licensing laws. However, as a
"committee bill," if controversy or opposition should arise
regarding any provision that cannot be resolved, then that
provision will be removed from the bill. This will
eliminate the chance of placing any of the other provisions
in jeopardy.
Background . The following is some background and reasoning
for the provisions in this bill given by the CSLB and the
CRB.
CSLB Provisions . This bill contains 14 legislative changes
to 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 (AB 1382, Chapter
363, Statutes of 2003). It also eliminates the provision
in current law that precludes an unlicensed contractor
convicted of a violation of Section 7028 (unlicensed
contractor) from applying for a license for one year,
giving CSLB more control, clarifies that a qualifying
individual's license bond amount is the same as the
contractor's license bond amount, revised in SB 1919,
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Chapter 1123, Statutes of 2002, expands the definition of
cases eligible to be sent to arbitration, and, eliminates
confusing "grace period" language for delinquent fees that
erroneously leads licensees to believe their license has
not expired when, if fact, it has. These proposals are
intended to be part of an ongoing process of continued
clarification, updating, and streamlining of CSLB licensing
law, as proposed by staff, industry, consumers, and the
Joint Legislative Sunset Review Committee.
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.
Existing law only requires private schools to give
prospective students information and a disclosure
statement. Further, the law only applies to new or
prospective students, not to currently enrolled students.
CRB believes that this requirement should be extended to
public court reporting schools and that all students
currently enrolled in court reporting school should be
given this information.
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 bil also deletes reference to CLARB
certification, as CLARB is authorized at any time to change
their certification requirements, which could bring LATC
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provisions into conflict with any changes.
Geologist Provisions . Current law does not provide for the
certification of geologists-in-training, as may other
states offer. This bill simply sets the standards under
which an applicant qualifies for such certification. In
addition, California s the only state to use the title
"registered geologist" to denote a licensed professional
geologist. This bill changes the term "professional
geologist" as is consistent with the practice of geology.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee,
negligible fiscal impact.
SUPPORT : (Verified 5/3/04)
Contractors State License Board
CP:cm 8/11/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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