Amended in Senate April 2, 2013

Senate Bill No. 417

Introduced by Senator Berryhill

February 20, 2013

begin delete An act to amend Section 148 of the Business and Professions Code, relating to consumer affairs. end delete begin insert An act to add Section 7018 to the Business and Professions Code, to add Section 15810 to the Government Code, and to add Sections 10142 and 20103 to the Public Contract Code, relating to public buildings and works. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 417, as amended, Berryhill. begin delete Department of Consumer Affairs: unlicensed activity enforcement. end delete begin insert Public buildings and works: qualifications of contractors. end insert

begin insert

Existing law, the State Contract Act and the Local Agency Public Construction Act, generally sets forth the authority and duties of state and local agencies for bidding and awarding contracts on public works. The acts authorize a state or local agency to require that each prospective bidder for a public works contract complete and submit to the state or local agency a standardized questionnaire and financial statement, as provided. That law also allows the state or local agency to establish a process to prequalify prospective bidders for public works contracts, as provided. The State Contract Act additionally requires public notice of a public works project to be given by publication once a week for at least 2 consecutive weeks, as specified.

end insert begin insert

Existing law, the State Building Construction Act of 1955, authorizes the State Public Works Board to acquire and construct public buildings for use by state agencies, when authorized by a separate act or appropriation enacted by the Legislature.

end insert begin insert

Existing law establishes within the Department of Consumer Affairs, until January 1, 2016, the Contractors’ State License Board and a registrar of contractors, for purposes of the licensure and regulation of contractors.

end insert begin insert

This bill would authorize state and local agencies subject to these acts, prior to advertising for bids for construction of a public building or a public works project, to advise the Contractors’ State License Board of any supplemental license, certification, or education required of a contractor to qualify to bid on the contract for that project. The bill would require the board to review the information received regarding any supplemental license, certification, or education requirements, and to post any supplemental requirements it approves in an easily identifiable location on the board’s Internet Web site. The bill would provide that any supplemental requirements that are not posted on the board’s Internet Web site before the bid opening shall not apply to the bidding process for that contract.

end insert begin delete

Existing law punishes specified unlicensed activity in the professions and vocations regulated by the Department of Consumer Affairs as an infraction and authorizes the establishment by boards within the department of an administrative citation system for unlicensed persons acting in the capacity of a licensee or registrant.

end delete begin delete

This bill would make a technical, nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7018 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 7018. end insert   

The board shall review the information received pursuant
to Section 15810 of the Government Code, and Sections 10142
and 20103 of the Public Contract Code, regarding any
supplemental license, certification, or education required of a
contractor licensed under this chapter to qualify to bid on a
contract for construction of a public building or a public works
project. The board shall post any supplemental requirements it
approves in an easily identifiable location on the board’s Internet
Web site prior to the bid opening. Any supplemental requirements
that are not posted on the board’s Internet Web site prior to the
bid opening shall not apply to the bidding process for that contract.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 15810 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 15810. end insert   

Prior to advertising for bids for construction of a public
building, any state agency subject to this chapter may advise the
Contractors’ State License Board of any supplemental license,
certification, or education required of a contractor to qualify to
bid on the contract for that project. If the supplemental license,
certification, or education requirement is not posted on the Internet
Web site of the Contractors’ State License Board pursuant to
Section 7018 of the Business and Professions Code, no bid
submitted shall be invalidated due to the failure of the bidder to
have that supplemental license, certification, or education.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 10142 is added to the end insert begin insert Public Contract Code end insert begin insert ,
to read: end insert

begin insert

begin insert 10142. end insert   

Prior to advertising for bids on a public works project,
the department may advise the Contractors’ State License Board
of any supplemental license, certification, or education required
of a contractor to qualify to bid on the public works contract for
that project. If the supplemental license, certification, or education
requirement is not posted on the Internet Web site of the
Contractors’ State License Board pursuant to Section 7018 of the
Business and Professions Code, no bid submitted shall be
invalidated due to the failure of the bidder to have that
supplemental license, certification, or education.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 20103 is added to the end insert begin insert Public Contract Code end insert begin insert ,
to read: end insert

begin insert

begin insert 20103. end insert   

Prior to advertising for bids on a public works project,
a local agency subject to this chapter may advise the Contractors’
State License Board of any supplemental license, certification, or
education required of a contractor to qualify to bid on the public
works contract for that project. If the supplemental license,
certification, or education requirement is not posted on the Internet
Web site of the Contractors’ State License Board pursuant to
Section 7018 of the Business and Professions Code, no bid
submitted shall be invalidated due to the failure of the bidder to
have that supplemental license, certification, or education.

end insert

begin delete

  

end delete

begin delete

SECTION 1.  

Section 148 of the Business and Professions Code
is amended to read:

148.  

A board, bureau, or commission within the department
may, in addition to the administrative citation system authorized
by Section 125.9, also establish, by regulation, a similar system
for the issuance of an administrative citation to an unlicensed
person who is acting in the capacity of a licensee or registrant
under the jurisdiction of that board, bureau, or commission. The
administrative citation system authorized by this section shall meet
the requirements of Section 125.9 and may not be applied to an
unlicensed person who is otherwise exempted from the provisions
of the applicable licensing act. The establishment of an
administrative citation system for unlicensed activity does not
preclude the use of other enforcement statutes for unlicensed
activities at the discretion of the board, bureau, or commission.

end delete