March 28, 2012

The Contractors' State License Board held a Legislative Committee and a Public Affairs Committee meeting at the CSLB Headquarters on March 28, 2012, with the ability to attend by teleconference from Deer Valley Resort for the Legislative Committee meeting.

 

 

Committee Members Present:

Mark Thurman, Chair; Bob Brown; and Paul Schifino

 

Committee Members Absent:

Louise Kirkbride; and Jim Miller

REVIEW AND APPROVAL OF RECOMMENDED

POSITIONS ON LEGISLATION

AB 1588 (Atkins)

 

AB 1588 would require boards, commissions, or bureaus within the Department of Consumer Affairs to waive renewal fees and continuing education requirements of any licensee or registrant who is a reservist called to active duty as a member of the Military Reserve or the California National Guard if certain requirements are met.

 

The full financial impact on the CSLB is not yet known. The CSLB currently has this piece of Legislation on their watch list.

 

AB 1655 (Dickinson)

 

AB 1655 would enact the Public Employees' Bill of Rights Act. Informs public employees of their rights and terms of employment in order to promote harmonious personnel relations between public employees and their employers. Provides that state employees shall be entitled to priority over excluded employees or contractors in filling permanent, overtime, and on-call positions. Authorizes the formation of peer review committees for professional staff to provide input regarding workplace operations.

 

The fiscal impact on the CSLB is not yet known. The CSLB currently opposes this piece of Legislation because it could potentially make it more difficult and expensive for the government to operate.

 

AB 1750 (Solorio)

 

SB 1750 would enact the Rainwater Capture Act of 2012. Authorizes residential, commercial and governmental landowners to install, maintain, and operate rain barrel systems and rainwater capture systems for specified purposes, provided that the systems comply with specified requirements. Authorizes a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a rainwater capture system if the system is used exclusively for landscape irrigation.

 

This piece of Legislation should only have minor fiscal impact. The CSLB currently has it on their watch list. The Legislative Committee is going to recommend to the full Board that the CSLB oppose this bill.

 

AB 1794 (Williams)

 

AB 1794 would make it a misdemeanor for a licensed contractor or a qualifier for a license to fail to notify his or her workers' compensation insurance carrier within a specified number of days of hiring an employee. Requires an insurer who issues a workers' compensation insurance policy to any contractor to require that the contractor report the hiring of new workers within a specified number of days and extends those provisions, as specified.

 

The fiscal impact for the CSLB is pending and a support position has been taken by the CSLB since this bill will insure that more current information on construction employees is available.

 

AB 1810 (Norby)

 

AB 1810 would provide a person with a right to engage in a lawful profession or vocation without the imposition of an occupational regulation that imposes a substantial burden on that person. Authorizes a person to bring an action for declaratory judgment or equitable relief for a violation of that right.

 

The fiscal impact for the CSLB is pending and the CSLB has this piece of Legislation on their watch list.

 

AB 1904 (Block)

 

AB 1904 relates to the issuance of reciprocal licenses, regulated by the Department of Consumer Affairs, in certain fields. Authorizes a board within the Department of Consumer Affairs to issue a temporary license to an applicant who holds an equivalent license in another jurisdiction and is married to an active duty member of the Armed Forces of the United States.

 

Although the fiscal impact for the CSLB is currently unknown, it is potentially significant to the IT workload. The CSLB has this bill on its watch list.

 

AB 1920 (Berryhill)

 

AB 1920 relates to the Contractor's State License Law. Authorizes a person acting in the capacity of a contractor without a license to bring or maintain an action for recovery of compensation for any act or contract if the person had previously been licensed as a contractor within a specified number of days of commencement of the work. Limits the liability of a contractor performing work outside the scope of his or her license to the value of the unlicensed work under certain circumstances.

 

This bill is on the CSLB's watch list and the fiscal impact is pending. Parke Terry, Phil Vermeulen, Larry Rohlfes and David Kalb spoke regarding their support of this bill.

 

AB 2219 (Knight)

 

AB 2219 relates to existing law requiring every licensed contractor to have on file at all times with the Contractors' State License Board, a current and valid Certificate of Workers' Compensation Insurance or Certification of Self-Insurance, or a statement certifying that he or she has no employees and is not required to obtain or maintain workers' compensation insurance and requires certain roofing contractors to have such insurance even if he or she has no employees. Extends the operation of these provisions.

 

The fiscal impact to the CSLB is currently pending and they have added this bill to their watch list.

 

AB 2237 (Monning)

 

AB 2237 would define contractor, under the Contractors' State License Law, to include a person who provides or oversees a bid, arranges for and sets up work schedules, or maintains oversight of a construction project.

 

The CSLB is sponsoring this bill.

 

AB 2482 (Ma)

 

AB 2482 would create the California Registered Interior Designers Board within the Department of Consumer Affairs. Requires the board to issue a license to a person who meets specified requirements. Authorizes licensees, architects, landscape architects, and engineers to join or form business organizations or associations with persons outside their field of practice if certain requirements are met.

 

The CSLB opposes this bill because they believe it is an overlap with the Contractor's State License Law. The fiscal impact for the CSLB is pending.

 

AB 2554 (Berryhill)

 

AB 2554 would specify that revocation of a license, under the Contractors' State License Law, does not deprive the Contractors' State License Board of jurisdiction to proceed with, among other things, any investigation or disciplinary proceeding against the licensee.

 

The fiscal impact for the CSLB is pending but the CSLB does support this bill as well as sponsor it.

 

AB 2570 (Hill)

 

AB 2570 relates to professional misconduct by an attorney. Prohibits a licensee who is regulated by the Department of Consumer Affairs or various boards, bureaus, or programs from including a provision in an agreement to settle a civil dispute that prohibits the other party in that dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau, or program.

 

The CSLB is currently watching this bill and the fiscal impact is pending.

The plan outlines how to use budgeted funds o f $700,000 annually for advertising and public relations services. By using the available research from prior public opinion surveys and focus group research projects, the current proposal was developed and centers on the budget reaching the 300,000 licensees rather than the 37,000,000 consumers in California. The goal would be to provide licensees with tools they can use to educate consumers/potential clients as well as provide the licensees with the resources that will help ensure that they are aware of laws and best business practices. The CSLB's research shows that the majority of contractors believe that the CSLB is there just to regulate contractors and collect license fees. The CSLB wants to start this outreach program to reach all licensees.

 

With the Outreach Program, the CSLB would like to:

 

• Develop a resource center;
• Develop a licensed contractor logo that contractors will be able to use;
• Expand and develop videos for contractors
• Develop monthly discussion topics on the website

There is much more research and development that will go into this plan as well as numerous questions to answer prior to any implementation, but the Committee approved the motion for staff development of a contractor education program, including the use of vendors, if necessary.