Among other things, extends the sunset date of January
1, 2007 for architecture limited liability partnerships (LLP)
and foreign LLPs to
January 1, 2012.
Requires all roofing contractors to have workers' compensation
insurance, whether or not having current employees.
licensees with an active Roofing (C-39) classification must
file with the Contractor State License Board ("CSLB") by
January 1, 2007, either a valid certification of Workers'
Compensation Insurance or a valid Certification of Self Insurance.
Failure to have one of the required certifications on file
with the CSLB will result in: (1) the removal of the Roofing
( C-39) classification from a license with multiple classifications
and/or (2) the suspension of a license where the sole classification
is the Roofing (C-39) classification.
No exemptions to the
Workers' Compensation Insurance requirement will be granted
effective January 1, 2007.
Inactive roofing (C-39) contractors
will not be subject to this requirement as long as their
license remains inactive. In order to return
to active status, the contractor must obtain Workers' Compensation
Insurance and provide the required certification to the CSLB.
881 also adds Section 11665 to the Insurance Code, requiring
insurers who issue workers' compensation insurance to Roofing
to provide an annual payroll audit for the contractor. The
insurer may impose a surcharge on the policy holder for the
audit. The new workers' compensation insurance requirements
imposed by AB881 will remain in effect until January 1, 2011
Exempts the sale, installation, and servicing of a fire
alarm, sold in conjunction
with a security alarm system, from the home improvement contract
requirement if the cost of making the fire alarm operable
does not exceed $500.00, and other conditions are satisfied.
Increases the amount of money a person can seek in small
claims court from $4,000
to $7,500 against a contractor who posts a cash deposit.
This change brings the jurisdictional limit for these actions
into conformity with 2005 legislation that increased other
small claims court jurisdictional limits brought by natural
persons to $7,500.
Prohibits the personnel of a contractor whose license
is suspended due to outstanding liabilities, from serving
as certain types of personnel for
another licensee, and makes employment of such an individual,
in certain capacities, cause for license suspension.
California Business and Professions Code Section 714.5 defines
final liabilities as taxes, additions to tax, penalties,
on any fees that may be assessed by the Contractor's State
License Board, the Department of Industrial Relations, the
Employment Development Department, or the Franchise Tax Board.
Until the debts covered by this section are satisfied, the
qualifying person and any other person of record named on
a license that has been suspended under this section shall
be prohibited from serving in any capacity that is subject
to licensure under this chapter, but shall remain suspended
until the debt has been satisfied or until the personnel
of record with the outstanding liabilities disassociates
themselves from the renewable licensed entity.
Exempts from registration as a home improvement sales
person a general partner on the license record of a partnership,
and clarifies that
certain individuals exempt from registering as home improvement
sales persons, must be listed as personnel of record for
the licensee responsible for soliciting, negotiating, or
contracting for a service or improvement that is subject
to regulation, at the time of the sales transaction.
amends California Business and Professions Code Section 7152.
Provides that in order for a contractor's license to
be issued, reinstated, or
reissued, satisfaction of monetary obligation or debt is
required only to the extent that those obligations were not
discharged, rather than adjudicated, in a bankruptcy proceeding
and requires licensees to satisfy all their obligations to
the extent that those obligations are not discharged under
AB 2658 amends California Business Professions
Code Section 7713.5.
Prohibits a person of record of a revoked license,
who meets specified criteria, from performing acts regulated
by the Contractor State License
Law, for a licensee, except as a bona fide non-supervising
employee, and makes it a misdemeanor to violate this section,
or for someone to knowingly hire an individual who meets
the specified criteria, in any position other than a bona
fide non-supervising employee.
The specified criteria are:
- The individual is a member, officer,
director, owner, or partner of a license that was revoked.
individual had knowledge of or participated in any
act or omission for which the license was revoked.
individual is not eligible for reinstatement of licensure
under Section 7102.
In addition, an individual who:
1) furnished the qualifications for licensure, as
set forth under Section 7068, and that license
was revoked; and 2) the individual served in the
capacity of a qualifying
individual during the commission or omission
of any of the acts that resulted in the revocation
or not he or she had knowledge of or participated
acts), shall not perform acts regulated by
State License Law except as a bona fide non-supervisory
employee. Violation of this section is a misdemeanor
and is punishable
by a fine of not less than $4,500, by imprisonment
in the county jail for not less than ninety days
and no more that
one year or by both fine and imprisonment.
2897 adds a new Section 7121.6 to the California Business
and Professions Code.
Adds sexual orientation
to existing classifications protected from discrimination
by recipients of state funds and expands
of discrimination to include the perception
that the victim is a member of a protected class.
sexual orientation discrimination has long been prohibited
in employment, SB 1441 adds "sexual orientation" to existing
law that prohibits discrimination in the conduct
operation of state-funded
programs and activities. The new law applies
to any program operated or funded by the state,
that receives any financial
assistance from the state, such as workers'
compensation and paid family leave.
and clarifies the prohibition on smoking in
the workplace. The California Smoke Free Workplace
1994 prohibits smoking in public
buildings and in all enclosed places of employment.
This law specifically excluded covered parking
common areas such as lobbies, lounges, waiting
areas, elevators, stairwells and restrooms.
It also defines "enclosed places
of employment" to include the above listed
Establishes the California Wireless Telephone Act
that as of July 1, 2008, limits the use of cell phones while
to those having hands-free
operation except for contacts with law enforcement
and public safety agencies and certain commercial
vehicles for whom
the effective date is July 1, 2011.
2011, this prohibition does not apply to a person driving
a motor truck or truck tractor, an agricultural vehicle,
tow truck, or a commercial vehicle, when using
a digital 2-way radio
service that utilizes a wireless telephone
that operates by depressing a push-to-talk
long as it does not
require immediate proximity to the user's ear.
law does not apply to a person driving a school bus or transit
vehicle that is subject to certain existing wireless telephone
usage restrictions, or to a person while driving
a motor vehicle on private property.
This new law extends the safety requirements for construction of new pools (or remodeling of existing pools)
law changes what is acceptable for the safety
features. This law also adds a new disclosure
to be given to
consumers by contractors/builders when obtaining
a permit to work on a pool or spa.
required certain safety features whenever a building permit
is issued for construction of a new swimming pool at
a private, single-family house. Such pools
must have one of
the following five features:
- A pool enclosure;
- A safety pool
- Exit alarms on doors providing
direct access to the
- Self-closing, self-latching device
with a release mechanism
on doors providing direct access
to the pool; or
- Other means of
protection, if the degree of
protection is equal or greater than any of the four previously
Under the new law, the
safety feature provision would be applicable to construction of a new pool or spa, or
remodeling to a pool or spa (when permit is required).
(1) and (2) must have
locking feature. Furthermore,
two additional safety measures
- Removable mesh
fencing meeting standards
of the American Society
for Testing and Materials ("ASTM");
- Swimming pool alarms
meeting ASTM standards.
addition this law requires that the building inspectors
ensure that the standards are met
and that the safety feature is working
consumer notice required under prior law that must be given
when constructing new pools is now
required for new spas, and on
work on pools
or spas requiring a permit. This law also updates
(e.g., suction outlets are to have anti-entrapment
Commission to update the building
code for swimming pools and spas
1, 2010. This
and Safety Code Sections 115922, 115924
(60) day notice which is required by landlords
to give to residential
on periodic leases (e.g month-to-month lease) when the tenants have
been living in
the property for at least one year.
of a thirty (30) day
notice for certain qualifying
properties for sale.
Prior law required thirty
(30) days notice
for the landlord
or the tenant
AB 1169 adds
California Civil Code Section
that a landlord
under a residential
lease provide sixty (60) days notice
rental, if all tenants and
residents has been residing in the
less than one year, then
(30) days notice
Thirty (30) days notice may also be
given when a residential property is being sold if all of
seven conditions set forth in Section
Provides that anyone who offers to
perform professional landscape architect services,
must be licensed by
the Landscape Architects
in small claims court to $7,500 on certain
were left unchanged
limits increased from $5,000 to $7,500. This
the jurisdictional limit
of a number
in small claims
court, including some common
interest development actions and landlord/tenant
where small claims court jurisdiction was previously limited
to $5,000 and was increased
to $7,500 are the following:
- specified acts of
discrimination, including boycotting, blacklisting,
a threat of violence;
- specified enforcement
for declaratory, injunctive or writ relief
with monetary damages;
claim or counterclaim in a class action lawsuit;
PUC (Public Utilities Commission)
through its website;
- complaints to
the PUC against electrical,
gas, water, heat or telephone companies;
- specified juvenile
law claims against a minor, or a minor's
deadline to appeal decisions or actions by an advisory
tentative map on
subdivisions that are conversions.
Subdivision Map Act prior to being amended by SB 1052, authorized
the developer or any tenant in the property to appeal
or actions by an advisory agency
relating to a tentative map on subdivisions
that are conversions.
to be filed within ten
days of any decision, and then be heard by either the
board or the legislative body
( if there is no appeals
thirty (30) days. Under the new law,
legislative body does not have a regularly
scheduled meeting within the
thirty (30) days, then the appeal
can be heard at the next regular
after the notice of the appeal, so
long as such period does not exceed sixty (60) days.
new law restates that each decision
mad by the legislative
body under this section
of the law must be supported
by consistent findings of fact.
This law amends California Government
Code Section 66452.5.
an alternative to the current California
tax requirement upon transfer of real property of
percent of the sale
price on real estate on non-exempt transactions. Under
law, if withholding
the seller can opt to pay the top tier (under corporate
gain on the
of the real
Before amended, the law required the payment
of three and one-third percent as withholding
on the transfers of real
estate on properties
which do not qualify for an exemption.
Some of the
in the statute, are:
- Sale of a principal
as part of a 1031 Exchange;
- Loss on the sale
- Sales price of $100,000
or less; and
- A corporation
with a permanent place
of business in California.
Under the new law, if the
exempt from withholding
the sale/transfer, the
to withhold the maximum
tax rate (under
tax rates or corporation tax rates) on the actual
the transferred property instead of the three
and one-third percent. Such withholding
penalty of perjury which would
be subject to the penalty of
the greater of (i)
(ii) 10% of the amount required to be withheld, in addition
to the withholding plus any
interest, fees and other penalties. This law amends
California Revenue & Taxation
Code Sections 18662
located in California.
Before the amendment the law required that
employers train their "supervisory
a car (including
- 14 cents
AB 2095 amends
Section 204, which specifies
the periods required