BILL NUMBER: AB 2237	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 24, 2012

   An act to amend Section 7026.1 of the Business and Professions
Code, relating to contractors, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2237, as introduced, Monning. Contractors: definition.
   Existing law, the Contractors' State License Law, creates the
Contractors' State License Board within the Department of Consumer
Affairs and provides for the licensure and regulation of contractors.
Existing law defines contractor and includes any person who
undertakes, offers to undertake, or submits a bid to construct a
building or home improvement project. Existing law requires
applicants and licensed contractors to pay specified fees that are
deposited into the continuously appropriated Contractors' License
Fund. Under existing law, it is a crime for a person to act as a
contractor without a license.
   This bill would also define contractor to include a person who
provides or oversees a bid, arranges for and sets up work schedules,
or maintains oversight of a construction project. Because the bill
would expand the scope of licensure and thereby increase the fees
deposited into the Contractors' License Fund, the bill would make an
appropriation. Because this bill would expand the scope of an
existing crime, the bill would impose a state-mandated local program.

   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 7026.1 of the Business and Professions Code is
amended to read:
   7026.1.  The term "contractor" includes all of the following:
   (a) Any person not exempt under Section 7053 who maintains or
services air-conditioning, heating, or refrigeration equipment that
is a fixed part of the structure to which it is attached.
   (b) Any person, consultant to an owner-builder, firm, association,
organization, partnership, business trust, corporation, or company,
who or which undertakes, offers to undertake, purports to have the
capacity to undertake, or submits a bid, to construct any building or
home improvement project, or part thereof.
   (c) A temporary labor service agency that, as the employer,
provides employees for the performance of work covered by this
chapter. The provisions of this subdivision shall not apply if there
is a properly licensed contractor who exercises supervision in
accordance with Section 7068.1 and who is directly responsible for
the final results of the work. Nothing in this subdivision shall
require a qualifying individual, as provided in Section 7068, to be
present during the supervision of work covered by this chapter. A
contractor requesting the services of a temporary labor service
agency shall provide his or her license number to that temporary
labor service agency.
   (d) Any person not otherwise exempt by this chapter, who performs
tree removal, tree pruning, stump removal, or engages in tree or limb
cabling or guying. The term contractor does not include a person
performing the activities of a nurseryperson who in the normal course
of routine work performs incidental pruning of trees, or guying of
planted trees and their limbs. The term contractor does not include a
gardener who in the normal course of routine work performs
incidental pruning of trees measuring less than 15 feet in height
after planting.
   (e) Any person engaged in the business of drilling, digging,
boring, or otherwise constructing, deepening, repairing,
reperforating, or abandoning any water well, cathodic protection
well, or monitoring well. 
   (f) A person, other than a public agency or owner of privately
owned real property to be improved, who meets any of the following
criteria:  
   (1) Provides or oversees a bid for a construction project. 

   (2) Arranges for and sets up work schedules for contractors and
subcontractors.  
   (3) Maintains oversight of a construction project. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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 XIII B of the California
Constitution.