BILL NUMBER: SB 1362	CHAPTERED
	BILL TEXT

	CHAPTER  716
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 28, 2008
	PASSED THE ASSEMBLY  AUGUST 25, 2008
	AMENDED IN ASSEMBLY  AUGUST 22, 2008
	AMENDED IN ASSEMBLY  AUGUST 18, 2008
	AMENDED IN ASSEMBLY  AUGUST 8, 2008
	AMENDED IN SENATE  MAY 13, 2008
	AMENDED IN SENATE  APRIL 1, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Margett

                        FEBRUARY 21, 2008

   An act to amend Section 7137 of the Business and Professions Code,
and to amend Section 3099.2 of the Labor Code, relating to
employment, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1362, Margett. Electrician certification.
   Under the existing Contractors' State License Law, the Contractors'
State License Board is authorized to establish fees for, among other
things, an application for an original license, rescheduling an
examination, and the renewal of an active or an inactive license.
   This bill would authorize the board, in addition to any other fees
charged to C-10 and C-7 contractors, to charge a fee not to exceed
$20, to be used by the board to enforce provisions of the Labor Code
related to electrician certification. Because these fees would be
deposited into the Contractors' License Fund, which is continuously
appropriated, the bill would make an appropriation.
   Existing law requires that persons performing work as electricians
for specified contractors be certified pursuant to certification
standards established by the Division of Apprenticeship Standards
within the Department of Industrial Relations.
   This bill would require the Chief of the Division of
Apprenticeship Standards to develop a process for referring cases to
the Contractors' State License Board upon determining that a
violation of certification requirements has likely occurred and to
execute a memorandum of understanding with the Registrar of
Contractors to further this end by July 1, 2009. The bill would
authorize the Registrar of Contractors to open an investigation and
initiate disciplinary action against a licensed contractor pursuant
to these provisions upon his or her own investigation or upon a
finding of the Chief of the Division of Apprenticeship Standards
alleging a violation of these provisions.
   This bill would incorporate additional changes in Section 3099.2
of the Labor Code, proposed by AB 3048, to be operative only if AB
3048 and this bill are both chaptered and become effective on or
before January 1, 2009, and this bill is chaptered last.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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) In addition to any other fees charged to C-10 and C-7
contractors, the board may charge a fee not to exceed twenty dollars
($20), which shall be used by the board to enforce provisions of the
Labor Code related to electrician certification.
  SEC. 2.  Section 3099.2 of the Labor Code is amended to read:
   3099.2.  (a) (1) Persons who perform work as electricians shall
become certified pursuant to Section 3099 by the deadline specified
in this subdivision. After the applicable deadline, uncertified
persons may not perform electrical work for which certification is
required.
   (2) The deadline for certification as a general electrician or
fire/life safety technician is January 1, 2006, except that persons
who applied for certification prior to January 1, 2006, have until
January 1, 2007, to pass the certification examination. The deadline
for certification as a residential electrician is January 1, 2007,
and the deadline for certification as a voice data video technician
or a nonresidential lighting technician is January 1, 2008. The
California Apprenticeship Council may extend the certification date
for any of these three categories of electricians up to January 1,
2009, if the council concludes that the existing deadline will not
provide persons sufficient time to obtain certification, enroll in an
apprenticeship or training program, or register pursuant to Section
3099.4.
   (3) For purposes of any continuing education or recertification
requirement, individuals who become certified prior to the deadline
for certification shall be treated as having become certified on the
first anniversary of their certification date that falls after the
certification deadline.
   (b) Certification is required only for those persons who perform
work as electricians for contractors licensed as class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations. Certification is not required for persons
performing work for contractors licensed as class C-7 low voltage
systems or class C-45 electric sign contractors as long as the work
performed is within the scope of the class C-7 or class C-45 license,
including incidental and supplemental work as defined in Section
7059 of the Business and Professions Code, and regardless of whether
the same contractor is also licensed as a class C-10 contractor.
   (c) The division shall establish separate certifications for
general electrician, fire/life safety technician, residential
electrician, voice data video technician, and nonresidential lighting
technician.
   (d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Office
of Apprenticeship program, or a state apprenticeship program
authorized by the federal Office of Apprenticeship. An apprentice who
is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
   (e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
   (f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
   (g) Notwithstanding subdivision (a), the qualifying person for a
class C-10 electrical contractor license issued by the Contractors'
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
   (h) Commencing July 1, 2009, the following shall constitute
additional grounds for disciplinary proceedings, including suspension
or revocation of the license of a class C-10 electrical contractor
pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of
Division 3 of the Business and Professions Code:
   (1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.

   (2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 3099.4.
   (3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
   (i) The Chief of the Division of Apprenticeship Standards shall
develop a process for referring cases to the Contractors' State
License Board when it has been determined that a violation of this
section has likely occurred. On or before July 1, 2009, the chief
shall prepare and execute a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
   (j) Upon receipt of a referral by the Chief of the Division of
Apprenticeship Standards alleging a violation under this section, the
Registrar of Contractors shall open an investigation. Any
disciplinary action against the licensee shall be initiated within 60
days of the receipt of the referral. The Registrar of Contractors
may initiate disciplinary action against any licensee upon his or her
own investigation, the filing of any complaint, or any finding that
results from a referral from the Chief of the Division of
Apprenticeship Standards alleging a violation under this section.
Failure of the employer or employee to provide evidence of
certification or trainee status shall create a rebuttable presumption
of violation of this provision.
   (k) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.
  SEC. 2.5.  Section 3099.2 of the Labor Code is amended to read:
   3099.2.  (a) (1) Persons who perform work as electricians shall
become certified pursuant to Section 3099 by the deadline specified
in this subdivision. After the applicable deadline, uncertified
persons shall not perform electrical work for which certification is
required.
   (2) The deadline for certification as a general electrician or
fire/life safety technician is January 1, 2006, except that persons
who applied for certification prior to January 1, 2006, have until
January 1, 2007, to pass the certification examination. The deadline
for certification as a residential electrician is January 1, 2007,
and the deadline for certification as a voice data video technician
or a nonresidential lighting technician is January 1, 2008. The
California Apprenticeship Council may extend the certification date
for any of these three categories of electricians up to January 1,
2009, if the council concludes that the existing deadline will not
provide persons sufficient time to obtain certification, enroll in an
apprenticeship or training program, or register pursuant to Section
3099.4.
   (3) For purposes of any continuing education or recertification
requirement, individuals who become certified prior to the deadline
for certification shall be treated as having become certified on the
first anniversary of their certification date that falls after the
certification deadline.
   (b) (1) Certification is required only for those persons who
perform work as electricians for contractors licensed as class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations.
   (2) Certification is not required for persons performing work for
contractors licensed as class C-7 low voltage systems or class C-45
electric sign contractors as long as the work performed is within the
scope of the class C-7 or class C-45 license, including incidental
and supplemental work as defined in Section 7059 of the Business and
Professions Code, and regardless of whether the same contractor is
also licensed as a class C-10 contractor.
   (3) Certification is not required for work performed by a worker
on a high-voltage electrical transmission or distribution system
owned by a local publicly owned electric utility, as defined in
Section 224.3 of the Public Utilities Code; an electrical
corporation, as defined in Section 218 of the Public Utilities Code;
a person, as defined in Section 205 of the Public Utilities Code; or
a corporation, as defined in Section 204 of the Public Utilities
Code; when the worker is employed by the utility or a licensed
contractor principally engaged in installing or maintaining
transmission or distribution systems.
   (c) The division shall establish separate certifications for
general electrician, fire/life safety technician, residential
electrician, voice data video technician, and nonresidential lighting
technician.
   (d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Office
of Apprenticeship program, or a state apprenticeship program
authorized by the federal Office of Apprenticeship. An apprentice who
is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
   (e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
   (f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
   (g) Notwithstanding subdivision (a), the qualifying person for a
class C-10 electrical contractor license issued by the Contractors'
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
   (h) Commencing July 1, 2009, the following shall constitute
additional grounds for disciplinary proceedings, including suspension
or revocation of the license of a class C-10 electrical contractor
pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of
Division 3 of the Business and Professions Code:
   (1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.

   (2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 3099.4.
   (3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
   (i) The Chief of the Division of Apprenticeship Standards shall
develop a process for referring cases to the Contractors' State
License Board when it has been determined that a violation of this
section has likely occurred. On or before July 1, 2009, the chief
shall prepare and execute a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
   (j) Upon receipt of a referral by the Chief of the Division of
Apprenticeship Standards alleging a violation under this section, the
Registrar of Contractors shall open an investigation. Any
disciplinary action against the licensee shall be initiated within 60
days of the receipt of the referral. The Registrar of Contractors
may initiate disciplinary action against any licensee upon his or her
own investigation, the filing of any complaint, or any finding that
results from a referral from the Chief of the Division of
Apprenticeship Standards alleging a violation under this section.
Failure of the employer or employee to provide evidence of
certification or trainee status shall create a rebuttable presumption
of violation of this provision.
   (k) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.
  SEC. 3.  Section 2.5 of this bill incorporates amendments to
Section 3099.2 of the Labor Code proposed by both this bill and AB
3048. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2009, (2) each bill
amends Section 3099.2 of the Labor Code, and (3) this bill is enacted
after AB 3048, in which case Section 2 of this bill shall not become
operative.