BILL ANALYSIS                                                                                                                                                                                                    







           ---------------------------------------------------------- 
          |Hearing Date:April 30, 2001    |Bill No:SB                |
          |                               |929                       |
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                    SENATE COMMITTEE ON BUSINESS AND PROFESSIONS
                             Senator Liz Figueroa, Chair

                        Bill No:        SB 929 Author:Machado
                    As Amended:April 19, 2001          Fiscal:Yes
          

          SUBJECT:    Contractors:  Construction Management Education  
          Account. 
          
          SUMMARY:  Authorizes the Contractors State License Board to  
          transfer revenue received from other funding sources into  
          the Construction Education Account.

          Existing law, the Contractors State License Law (Law):

          1)Establishes the Contractors State License Board (CSLB) as  
            responsible for licensing and regulating contractors. 

          2)Establishes the Construction Management Education Account  
            (CMEA) for the purpose of promoting construction  
            management education.

          3)Allows contractors to voluntarily contribute $25 upon  
            licensure renewal which is deposited into the CMEA. 

          4)Authorizes the CSLB to award grants from the CMEA to  
            qualified post-secondary educational institutions.

          5)States legislative intent which emphasizes the need for  
            construction management education programs.

          This bill:

          1)Authorizes the CSLB to transfer revenue from other  
            funding sources including but not limited to donations,  
            penalties, settlements, and gifts to the Construction  
            Education Account (CEA).






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          2)Deems references in law to the Construction Management  
            Education Account to be references to the Construction  
            Education Account.  Additionally, deletes references to  
            "management" in the sections affected by this bill.

          FISCAL EFFECT:  Unknown 

          COMMENTS:
          
          1.Purpose.  The sponsor believes that there is an  
            ever-increasing need for continuing education for  
            contractors in an advancing system.  Additionally, the  
            sponsor states that currently there is little or no  
            funding for the Construction 


          Management Education Fund, and this bill will provide  
            another source of funding for construction education  
            programs at colleges and universities throughout the  
            state. 

          2.Background.  The Construction Management Education  
            Account was established in 1992 pursuant to AB 2158  
            (Bentley), Chapter 1158, Statutes of 1991.  The CMEA,  
            however, has not grown at the rate that was originally  
            anticipated by the enabling legislation.  Since its  
            inception, the Construction Management Education Account  
            has relied solely on voluntary contributions which has  
            not raised sufficient funding for the program. The fund  
            balance at the end of March 2001 was $279,000.   

          3.No Grants Have Been Issued from the CMEA.  Apparently,  
            due to the number of qualifying institutions and the  
            amount of grants, the CSLB has determined that the  
            balance of the fund needs to reach $1,000,000 before  
            grants should be issued.  As a result, to date, no grants  
            have been issued.  

          4.Bill Takes Out References to Management.  The latest set  
            of amendments deletes references to "management" in the  
            sections affected by this bill (B & P Code Sections  
            7139.1 and 7139.2).  Additionally, references to  
            management starting with the title of the article and  
            throughout the related code (B & P Code Sections 7139 -  
            7139.10) should be amended to reflect the sponsor's  
            intent of relating the account to construction education  





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            generally. 

          It is unclear, however, if the deletion of the word  
            "management" in law will change the fact that the money  
            will go to construction management programs in  
            institutions of higher learning.  The sponsor should  
            address this issue in committee.  

          5.Bill Opens the Door for Additional Funding But Does Not  
            Ensure Money Will Flow There.  While giving the CSLB the  
            authority to transfer revenue to the account is helpful,  
            it will not create permanent funding for the program.   
            Also, it is not clear where the funds would come from and  
            to what extent CSLB programs or its fund would be  
            affected.  

          This account has been sitting unused for the past nine  
            years.  Through this bill, the sponsor has the  
            opportunity to make the CMEA more useful and workable to  
            aid in the funding of construction education programs in  
            California.  The sponsor should commit to working with  
            the CSLB to do so. 

          6.Arguments in Support.  The sponsor asserts that while the  
            funding of the account by voluntary contribution is  
            well-intentioned, it has not produced the needed funds to  
            support the CMEA.  It is obvious that additional  
            assistance is necessary in order for the CMEA to be  
            successful in carrying out its intended purpose.

          
          
          SUPPORT AND OPPOSITION:
          
          Support:

          Associated General Contractors of California (sponsor)
          Construction Employers' Association (CEA)

           Opposition:

           None on file 


          Consultant:Robin M. Hartley