California 2011-2012 Regular Session Status: Enacted

SB 944 — Business and professions.

Last action — Chaptered by Secretary of State. Chapter 432, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 31, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board within the Department of Consumer Affairs. Existing law requires licensed contractors to be classified and authorizes them to be classified as, among other things, a plumbing contractor, an electrical contractor, a sign contractor, and a well-drilling contractor. Existing law requires all plumbing contractors, sign contractors, and well-drilling contractors to display on their business motor vehicle certain identifying information pertaining to their contractor's license. This bill would make that requirement applicable, instead, to C-36 plumbing contractors, C-45 sign contractors, and C-57 well-drilling contractors. Existing law authorizes persons to obtain blank license application, renewal, or reinstatement forms from the Department of Consumer Affairs. This bill would instead authorize persons to obtain blank license applications from the board. (2) Existing law establishes within the Department of Consumer Affairs the State Board of Guide Dogs for the Blind that, among others things, licenses and regulates schools and instructors for the training of guide dogs for the blind and the instruction of blind persons in the use of guide dogs. Existing law requires those schools to furnish to the board an independent audit of the school's finances, as specified, within 180 days after the end of a calendar year. This bill would instead require a school to furnish that audit within 90 days after a calendar year end. Existing law requires applicants for an instructor's license to file an application with the secretary. Under existing law, the secretary keeps the records of the boards and carries out other duties as prescribed by the board. This bill would instead require the executive officer to keep those records and carry out those duties and would require the application described above to be filed with the board. Existing law prohibits a person from selling, giving, or furnishing any guide dog or seeing-eye dog to a blind person unless certain requirements have been met, including that the dog has been neutered. Under existing law, a certificate from a veterinarian certifying that those requirements have been met is required to be delivered to the recipient of the dog at the time of delivery. This bill would require that the dog be spayed or neutered and would require that certificate to be delivered at the time the dog is assigned to a blind person. Because a violation of these requirements would constitute a crime, the bill would impose a state-mandated local program. (3) Under existing law, prior to January 1, 2011, regulatory boards and other boards in state government, as specified, were subject to review by the Joint Committee on Boards, Commissions, and Consumer Protection. On and after January 1, 2011, existing law requires boards scheduled for repeal to be evaluated by the Joint Sunset Review Committee. Existing law in effect prior to January 1, 2011, required the former Joint Committee on Boards, Commissions, and Consumer Protection, upon request from the chairperson of the appropriate policy committee, to evaluate plans for the establishment and operation of a new specified state board or to create a new category of licensed professionals. This bill would instead require the appropriate policy committees to evaluate those plans. (4) Under existing law, there exists the Board for Professional Engineers, Land Surveyors, and Geologists, consisting of 15 members, including professional members appointed by the Governor, at least one of whom is required to be a licensed professional engineer or land surveyor from each of a local public agency and a state agency. This bill would authorize the Governor to appoint a licensed geologist or geophysicist to fill the local public agency and state agency requirements. Existing law authorizes the board to receive and investigate complaints against professional engineers, engineers-in-training, land surveyors, and land surveyors-in-training. This bill would authorize the board to investigate the actions of any professional engineer, engineer-in-training, land surveyor, or land surveyor-in-training upon the receipt of a complaint or upon the board's own initiative. Under existing law, the board is authorized to appoint committees to perform duties, as specified. This bill would repeal that authorization and instead authorize the board to establish technical advisory committees, as specified. The bill would require the board to establish relations with bodies that regulate the practice of professional engineering and land surveying, or closely related professions, in other states, as specified. Under existing law, the board is required to prepare an annual list of the names and addresses of geologists and geophysicists registered by it and a list of every person whose registration was suspended or revoked the previous year and to mail the list to the county clerks of each county. This bill would instead require the board to compile and maintain a register of all licensees including the licensee's name, address of record, type of branch license, license number, and the license issuance and expiration dates. Existing law provides for the registration and regulation of geologists. This bill would provide for certification as a geologist-in-training. (5) Existing law, the Collateral Recovery Act, provides for procedures and qualifications for issuance by the Bureau of Security and Investigative Services of an initial qualification certificate required for a person who is in active control or management, as specified, of a licensed repossession agency and requires every person employed by or contracting with an agency to be registered with the bureau. This bill would authorize a person to work as a qualified certificate holder or as a registrant pending receipt of the qualification certificate or registration card if he or she has been approved by the bureau and carries on his or her person a hardcopy printout or electronic copy of the approval, as specified, and a valid picture identification. Existing law specifies circumstances for disposal of personal effects removed by a repossession agency from repossessed collateral, including maintaining permanent records. This bill would specify that those records shall be maintained for 4 years. (6) Existing law requires a tax preparer to complete annually a minimum of 20 hours of continuing education, including 12 hours in federal taxation, and 4 hours in California taxation, and an additional 4 hours in federal taxation or California taxation. This bill would instead require a tax preparer to complete annually 15 hours of continuing education in federal taxation and 5 hours in California taxation. Existing law requires a tax preparer to register with the California Tax Education Council and requires the council to notify the Attorney General, a district attorney, or a city attorney of any notice the council receives of a failure of a tax preparer to so register which failure constitutes a violation of these provisions. This bill would instead authorize the council to make this notification. (7) Existing law requires any public works contract of any public entity to include an affidavit, as specified, affirming that the bidder has not participated in various collusive activities. This bill would recast these provisions to, instead, require every bid on every public works contract of any public entity to include a declaration under penalty of perjury that the bidder has not participated in various collusive activities, and to require that the declaration include a representation that the person executing the declaration on behalf of a corporation or other entity, as prescribed, is fully empowered to execute the declaration. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. (8) The bill would make other technical, nonsubstantive changes. (9) This bill would incorporate additional changes to Section 3099.2 of the Labor Code proposed by AB 1346, to be operative only if AB 1346 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (10) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 432, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2319.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 2597.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 28). Re-referred to Com. on APPR.

  12. (Corrected June 24.)

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & C.P.

  14. Referred to Com. on B., P. & C.P.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 1281.) Ordered to the Assembly.

  17. Ordered to special consent calendar.

  18. Read second time. Ordered to third reading.

  19. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  20. Set for hearing May 23.

  21. Read second time and amended. Re-referred to Com. on APPR.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 849.) (May 2).

  23. Set for hearing May 2.

  24. Referred to Com. on B., P. & E.D.

  25. From printer. May be acted upon on or after May 1.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Professions and Economic Development Committee on Business · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Business, Professions and Economic Development

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Hancock — Yea
Corbett — Yea
Hernandez — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Correa — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Hagman — Yea
Yamada — Yea
Feuer — Yea
Garrick — Yea
Gordon — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Yea
Atkins — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Butler — Yea
Portantino — Yea
Huffman — Yea
Jeffries — Yea
Campos — Yea
Allen — Yea
Lara — Yea
Logue — Yea
Fong — Yea
Ammiano — Yea
Blumenfield — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Fletcher — Yea
Bonilla — Not Voting
Fuentes — Yea
Galgiani — Yea
Gorell — Not Voting
Beall — Yea
Monning — Yea
Smyth — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Conway — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Mitchell — Yea
Donnelly — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Runner — Not Voting
Cannella — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Anderson — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 944 do?
(1) Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board within the Department of Consumer Affairs. Existing law requires licensed contractors to be classified and authorizes them to be classified as, among other things, a plumbing contractor, an electrical contractor, a sign contractor, and a well-drilling contractor. Existing law requires all plumbing contractors, sign contractors, and well-drilling contractors to display on their business motor vehicle certain identifying information pertaining to their contractor's license. This bill would make that requirement applicable, instead, to C-36 plumbing contractors, C-45 sign contractors, and C-57 well-drilling contractors. Existing law authorizes persons to obtain blank license application, renewal, or reinstatement forms from the Department of Consumer Affairs. This bill would instead authorize persons to obtain blank license applications from the board. (2) Existing law establishes within the Department of Consumer Affairs the State Board of Guide Dogs for the Blind that, among others things, licenses and regulates schools and instructors for the training of guide dogs for the blind and the instruction of blind persons in the use of guide dogs. Existing law requires those schools to furnish to the board an independent audit of the school's finances, as specified, within 180 days after the end of a calendar year. This bill would instead require a school to furnish that audit within 90 days after a calendar year end. Existing law requires applicants for an instructor's license to file an application with the secretary. Under existing law, the secretary keeps the records of the boards and carries out other duties as prescribed by the board. This bill would instead require the executive officer to keep those records and carry out those duties and would require the application described above to be filed with the board. Existing law prohibits a person from selling, giving, or furnishing any guide dog or seeing-eye dog to a blind person unless certain requirements have been met, including that the dog has been neutered. Under existing law, a certificate from a veterinarian certifying that those requirements have been met is required to be delivered to the recipient of the dog at the time of delivery. This bill would require that the dog be spayed or neutered and would require that certificate to be delivered at the time the dog is assigned to a blind person. Because a violation of these requirements would constitute a crime, the bill would impose a state-mandated local program. (3) Under existing law, prior to January 1, 2011, regulatory boards and other boards in state government, as specified, were subject to review by the Joint Committee on Boards, Commissions, and Consumer Protection. On and after January 1, 2011, existing law requires boards scheduled for repeal to be evaluated by the Joint Sunset Review Committee. Existing law in effect prior to January 1, 2011, required the former Joint Committee on Boards, Commissions, and Consumer Protection, upon request from the chairperson of the appropriate policy committee, to evaluate plans for the establishment and operation of a new specified state board or to create a new category of licensed professionals. This bill would instead require the appropriate policy committees to evaluate those plans. (4) Under existing law, there exists the Board for Professional Engineers, Land Surveyors, and Geologists, consisting of 15 members, including professional members appointed by the Governor, at least one of whom is required to be a licensed professional engineer or land surveyor from each of a local public agency and a state agency. This bill would authorize the Governor to appoint a licensed geologist or geophysicist to fill the local public agency and state agency requirements. Existing law authorizes the board to receive and investigate complaints against professional engineers, engineers-in-training, land surveyors, and land surveyors-in-training. This bill would authorize the board to investigate the actions of any professional engineer, engineer-in-training, land surveyor, or land surveyor-in-training upon the receipt of a complaint or upon the board's own initiative. Under existing law, the board is authorized to appoint committees to perform duties, as specified. This bill would repeal that authorization and instead authorize the board to establish technical advisory committees, as specified. The bill would require the board to establish relations with bodies that regulate the practice of professional engineering and land surveying, or closely related professions, in other states, as specified. Under existing law, the board is required to prepare an annual list of the names and addresses of geologists and geophysicists registered by it and a list of every person whose registration was suspended or revoked the previous year and to mail the list to the county clerks of each county. This bill would instead require the board to compile and maintain a register of all licensees including the licensee's name, address of record, type of branch license, license number, and the license issuance and expiration dates. Existing law provides for the registration and regulation of geologists. This bill would provide for certification as a geologist-in-training. (5) Existing law, the Collateral Recovery Act, provides for procedures and qualifications for issuance by the Bureau of Security and Investigative Services of an initial qualification certificate required for a person who is in active control or management, as specified, of a licensed repossession agency and requires every person employed by or contracting with an agency to be registered with the bureau. This bill would authorize a person to work as a qualified certificate holder or as a registrant pending receipt of the qualification certificate or registration card if he or she has been approved by the bureau and carries on his or her person a hardcopy printout or electronic copy of the approval, as specified, and a valid picture identification. Existing law specifies circumstances for disposal of personal effects removed by a repossession agency from repossessed collateral, including maintaining permanent records. This bill would specify that those records shall be maintained for 4 years. (6) Existing law requires a tax preparer to complete annually a minimum of 20 hours of continuing education, including 12 hours in federal taxation, and 4 hours in California taxation, and an additional 4 hours in federal taxation or California taxation. This bill would instead require a tax preparer to complete annually 15 hours of continuing education in federal taxation and 5 hours in California taxation. Existing law requires a tax preparer to register with the California Tax Education Council and requires the council to notify the Attorney General, a district attorney, or a city attorney of any notice the council receives of a failure of a tax preparer to so register which failure constitutes a violation of these provisions. This bill would instead authorize the council to make this notification. (7) Existing law requires any public works contract of any public entity to include an affidavit, as specified, affirming that the bidder has not participated in various collusive activities. This bill would recast these provisions to, instead, require every bid on every public works contract of any public entity to include a declaration under penalty of perjury that the bidder has not participated in various collusive activities, and to require that the declaration include a representation that the person executing the declaration on behalf of a corporation or other entity, as prescribed, is fully empowered to execute the declaration. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. (8) The bill would make other technical, nonsubstantive changes. (9) This bill would incorporate additional changes to Section 3099.2 of the Labor Code proposed by AB 1346, to be operative only if AB 1346 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (10) 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.
Who sponsors SB 944?
SB 944 is sponsored by Committee on Business, Professions and Economic Development.
What is the current status of SB 944?
This bill has been enacted into law. Introduced March 31, 2011. Enacted.
Where can I track SB 944?
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