BILL NUMBER: SB 1698	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Romero

                        FEBRUARY 22, 2008

   An act to amend Section 7137 of, and to add Sections 7058.1 and
7058.2 to, the Business and Professions Code, relating to
contractors, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1698, as introduced, Romero. 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 an unspecified date, prohibit a
contractor from performing work as a contractor or subcontractor on a
public work, as defined, 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 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 an unspecified amount.
   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 ____, a contractor shall not perform
work as a contractor or subcontractor on a public work 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 7137.
   (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
its political subdivisions, 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) 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___, 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 and political subdivisions 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) 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 7137 of the Business and Professions Code is
amended to read:
   7137.  The board shall set fees by regulation. These fees shall
not exceed the following schedule:
   (a) The application fee for an original license in a single
classification shall not be more than three hundred dollars ($300).
   The application fee for each additional classification applied for
in connection with an original license shall not be more than
seventy-five dollars ($75).
   The application fee for each additional classification pursuant to
Section 7059 shall not be more than seventy-five dollars ($75).
   The application fee to replace a responsible managing officer or
employee pursuant to Section 7068.2 shall not be more than
seventy-five dollars ($75).
   (b) The fee for rescheduling an examination for an applicant who
has applied for an original license, additional classification, a
change of responsible managing officer or responsible managing
employee, or for an asbestos certification or hazardous substance
removal certification, shall not be more than sixty dollars ($60).
   (c) The fee for scheduling or rescheduling an examination for a
licensee who is required to take the examination as a condition of
probation shall not be more than sixty dollars ($60).
   (d) The initial license fee for an active or inactive license
shall not be more than one hundred eighty dollars ($180).
   (e) The renewal fee for an active license shall not be more than
three hundred sixty dollars ($360).
   The renewal fee for an inactive license shall not be more than one
hundred eighty dollars ($180).
   (f) The delinquency fee is an amount equal to 50 percent of the
renewal fee, if the license is renewed after its expiration.
   (g) The registration fee for a home improvement salesperson shall
not be more than seventy-five dollars ($75).
   (h) The renewal fee for a home improvement salesperson
registration shall not be more than seventy-five dollars ($75).
   (i) The application fee for an asbestos certification examination
shall not be more than seventy-five dollars ($75).
   (j) The application fee for a hazardous substance removal or
remedial action certification examination shall not be more than
seventy-five dollars ($75). 
   (k) The application fee for a public works certification
examination shall not be more than ____ dollars ($____).