Existing law, the Contractors' State License Law, creates the Contractors' State License Board within the Department of Consumer Affairs and provides for the licensure and regulation of contractors. Existing law prohibits a person, acting as a contractor, from bringing an action to collect compensation for performance of any act or contract requiring a license without alleging that he or she was licensed at all times during the performance of the act or contract, except as specified. Existing law authorizes a person who utilizes an unlicensed contractor to bring an action in any court of competent jurisdiction in this state for recovery of all compensation paid to the unlicensed contractor for performance of any act or contract. This bill would define an "unlicensed contractor," for these purposes, as a person who has engaged in the business or acted in the capacity of a contractor and who has either never been licensed as a contractor under the Contractors' State License Law or who performed an act or contract after his or her license was suspended pursuant to a disciplinary action. The bill would state the intent of the Legislature in this regard.
Sponsored bills
Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. Existing law provides for the submission of the bond act to the voters at the November 6, 2012, statewide general election. This bill would declare the intent of the Legislature to enact legislation relating to the Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
(1) Existing law authorizes the State Water Resources Control Board to hold any hearings and conduct any investigations in any part of the state necessary to carry out its powers. Existing law authorizes a hearing or investigation to be conducted by any member of the board upon authorization of the board, with a specified exception. This bill would additionally authorize the board to employ administrative law judges meeting specified qualifications and to authorize an administrative law judge to conduct hearings and issue decisions and orders relating to the administration of water rights, as specified. The bill would authorize any hearing or investigation of the board to be conducted by an administrative law judge, with a specified exception. (2) Under existing law, the board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water, upon an application to appropriate water. Existing law authorizes an applicant, permittee, or licensee for a right to appropriate water to change the point of diversion, place of use, or purpose of use of the water from that specified in the application, permit, or license, upon filing a petition with the board and approval of the petition by the board. Existing law establishes various procedures for the submission, processing, and approval of an application to appropriate water and a petition to change the point of diversion, place of use, or purpose of use of the water in an application, permit, or license. This bill would authorize a person who files an application to appropriate water, a protest to an application to appropriate water, a petition to change the point of diversion, place of use, or purpose of use of the water in an application, permit, or license, or a protest to a petition, to appeal specified determinations for review by a member of the board or an administrative law judge before the board takes final action on the application or petition.
The Vehicle License Fee Law, in lieu of any ad valorem property tax upon vehicles, imposes an annual license fee for any vehicle subject to registration in this state in the amount of 1% of the market value of that vehicle, as provided, for a specified amount of time. Existing law also, until July 1, 2011, imposes an additional tax equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to the vehicle license fee, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, a continuously appropriated fund. Existing law provides that money in the account shall be allocated for various public safety programs, as provided. This bill would, beginning July 1, 2011, and each July 1 thereafter for a transfer $500,000,000 from the General Fund to the account total of 5 years, as provided. By transferring funds to a continuously appropriated fund, this bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, the Department of Water Resources operates the State Water Resources Development System that includes dams, reservoirs, and other infrastructure. This bill would require the department to undertake an expedited evaluation and feasibility study with regard to the implementation of a specified Delta Corridors Plan as part of the State Water Resources Development System. The bill would require the department to consult with the Department of Fish and Game to study specified impacts and benefits of the Delta Corridors Plan and to include in the study an assessment of the incorporation of the Two-Gates Fish Protection Demonstration Project managed by the United States Bureau of Reclamation into the Delta Corridors Plan. The department would be required to prepare and submit to the Legislature, on or before January 1, 2013, a report that includes its feasibility findings. If the department determines the implementation of the plan is feasible, the department would be required to include recommendations with regard to specific facilities to be constructed, and to identify potential funding sources, for the purposes of implementing the plan. This bill would declare the intent of the Legislature to appropriate money to the department to pay the costs of the feasibility study required by this bill.
Existing law, the Professional Fiduciaries Act, requires a professional fiduciary to be licensed by the Professional Fiduciaries Bureau within the Department of Consumer Affairs. Existing law defines various terms for the purposes of the act. This bill would make a technical, nonsubstantive change to that provision.
Existing law provides for the regulation of the operation of various businesses. This bill would, on and after July 1, 2012, provide for the regulation of gardening or landscape maintenance services, as defined. The bill would require a local jurisdiction to obtain from an applicant for issuance or renewal of a business license who provides gardening or landscape maintenance services, (1) documentation that he or she has workers' compensation coverage or is exempt from those coverage requirements and proof of current licensure as a contractor issued by the Contractors' State License Board, or (2) a signed acknowledgment of the consequences of performing the duties of a contractor without a license. The bill would impose a civil penalty, as specified, on an applicant who provides false information with respect to an application, and would authorize certain persons to obtain an injunction under specified circumstances. Because the bill would specify additional duties for local jurisdictions, it would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law regulates fireworks and pyrotechnic displays and requires that a permit be obtained from the State Fire Marshal in certain instances. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone. Existing law defines development for these purposes. This bill would exempt a municipal fireworks display, as defined, from the provisions of CEQA. Because a lead agency would have to determine the applicability of the exemption and to take certain specified action upon a determination of exemption, the bill would impose a state-mandated local program. The bill would provide that a coastal development permit is not required for a municipal fireworks display and would specify that "development" does not include a municipal fireworks display. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law requires these boards to file disciplinary action accusations against licensees for various violations within a specified limitations period particular to each board. This bill would delete those specified limitations periods for each board and would instead impose a specified limitations period on all boards within the Department of Consumer Affairs.
Existing law prohibits specified holders of alcoholic beverage licenses from having specified relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law permits a manufacturer, winegrower, rectifier, distiller, distilled spirits wholesaler, or any agent of those licensees, to conduct market research and, in connection with that research, to purchase from licensed off-sale retailers data, regarding purchases and sales of alcoholic beverage products, at the customary rates that those retailers sell similar data for nonalcoholic beverage products, provided that a licensed retailer shall not be obligated to purchase or sell the alcoholic beverages of the manufacturer, winegrower, rectifier, or distiller. This bill would additionally include a distilled spirits wholesaler in the provision prohibiting a licensed retailer from being obligated to purchase or sell the alcoholic beverages of the licensee conducting the market research. Existing law makes it a misdemeanor for a licensee, subject to these provisions, to violate existing provisions relating to the purchase of that advertising time or space. This bill would impose a state-mandated local program by expanding the licensees subject to these criminal provisions. 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.