BILL NUMBER: SB 258	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        FEBRUARY 24, 2009

   An act to add Sections 7058.1, 7058.2, and 7138.2 to the Business
and Professions Code, relating to contractors, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 258, as introduced, Oropeza. Contractors: public works.
   Existing law, the Contractors' State License Law, provides for the
licensure and regulation of contractors by the Contractors' State
License Board. Existing law authorizes the board to set application,
licensure, and renewal fees, among others, not to exceed certain
limits, and provides for the deposit of those fees in the Contractors'
License Fund, a continuously appropriated fund. Existing law
requires contractors to obtain special certifications in order to
perform asbestos-related work or to engage in hazardous substance
removal or remedial action, as specified.
   This bill would, on and after January 1, 2012, prohibit a
contractor from performing work as a contractor or subcontractor on a
public work, as defined, contracted for by the state or a state
agency unless he or she has obtained a public works certification
from the board. The bill would require the qualifier for a license to
pass a public works certification examination in order to obtain
that certification. The bill would require the board to develop the
examination by January 1, 2011, and would specify the subjects that
the examination must cover. The bill would authorize the board to
deny or revoke a certification if the contractor fails or has failed
to comply with the laws or regulations applicable to public works or
commits or has committed other specified acts. The bill would
authorize the board to charge each applicant a fee in an amount
sufficient to pay for the costs of administering the examination, not
to exceed certain amounts, as specified.
   Because the bill would increase the amount of moneys to be
deposited in a continuously appropriated fund, the bill would make an
appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7058.1 is added to the Business and Professions
Code, to read:
   7058.1.  (a) On and after January 1, 2012, a contractor shall not
perform work as a contractor or subcontractor on a public work that
is contracted for by the state or a state agency unless the
contractor has obtained a public works certification from the board.
To obtain a public works certification, the qualifier for the license
shall pass a public works certification examination developed
pursuant to Section 7058.2 and administered by the board. Additional
updated examinations may be required based on material changes in the
legal obligations of public works contractors.
   (b) The board shall charge each applicant for a public works
certification a fee to take the examination specified in subdivision
(a) in an amount sufficient to pay for the costs of administering
that examination, as specified in Section 7138.2.
   (c) The board shall make information on contractors certified
pursuant to this section publicly available.
   (d) This section shall not be construed to affect the requirements
imposed by subdivision (b) of Section 7059.
   (e) This section shall not be construed to restrict the state or
any other awarding authority from imposing additional requirements on
contractors in awarding public works contracts.
   (f) The board may deny or revoke a public works certification if
the contractor fails or has failed to comply with the laws or
regulations applicable to public works or if the contractor commits
or has committed any of the acts constituting grounds for denial of a
license under Section 480. Procedures upon denial of a public works
certification shall be conducted in accordance with Section 485.
Procedures for revocation of a public works certification shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (g) This section shall not be construed as expanding the
enforcement authority of the board.
   (h) For purposes of this section, "public work" means any work
that is subject to the requirements of Chapter 1 (commencing with
Section 1720) of Part 7 of Division 2 of the Labor Code.
  SEC. 2.  Section 7058.2 is added to the Business and Professions
Code, to read:
   7058.2.  (a) On or before January 1, 2011, the board shall develop
a written examination for the certification of contractors engaged
in public work pursuant to Section 7058.1. The examination shall be
developed according to professionally accepted principles for
licensing examinations and with the assistance of subject matter
experts provided by the Department of Industrial Relations, subject
matter experts selected from state agencies that award public work
contracts, selected labor organization representatives, and selected
licensed contractors engaged in public work. The examination shall
cover the laws and regulations applicable to public works, including,
but not limited to, all of the following:
   (1) The requirements of Article 2 (commencing with Section 1770)
of Chapter 1 of Part 7 of Division 2 of the Labor Code.
   (2) The requirements of Section 4104 of the Public Contract Code.
   (3) The requirements of the State Contract Act (Chapter 1
(commencing with Section 10100) of Part 2 of Division 2 of the Public
Contract Code).
   (b) This section shall not be construed as expanding the
enforcement authority of the board.
   (c) For purposes of this section, "public work" means any work
that is subject to the requirements of Chapter 1 (commencing with
Section 1720) of Part 7 of Division 2 of the Labor Code.
  SEC. 3.  Section 7138.2 is added to the Business and Professions
Code, to read:
   7138.2.  In addition to the fee schedule specified in Section
7137, the application fee for a public works certification
examination, until December 31, 2014, shall not be more than
sixty-five dollars ($65), and on and after January 1, 2015, shall not
be more than one hundred twenty-five dollars ($125). Sections 7138
and 7138.1 shall apply to this section.