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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 456Introduced by Senator Ashby(Coauthor: Senator Laird)February 19, 2025 An act to amend Section 7044 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 456, as introduced, Ashby. Contractors: exemptions: muralists.Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Existing law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified.This bill would exempt from that law a muralist, as defined, who produces a mural, as defined, pursuant to an agreement with a person who could legally authorize the work.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7044 of the Business and Professions Code is amended to read:7044. (a) This chapter does not apply to any of the following:(1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) None of the improvements are intended or offered for sale.(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation.(2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.(3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist:(A) The work is performed prior to sale.(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.(C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period.(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.(5) A muralist who produces a mural.(A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work.(B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure.(b) In all actions brought under this chapter, both of the following shall apply:(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 456Introduced by Senator Ashby(Coauthor: Senator Laird)February 19, 2025 An act to amend Section 7044 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTSB 456, as introduced, Ashby. Contractors: exemptions: muralists.Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Existing law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified.This bill would exempt from that law a muralist, as defined, who produces a mural, as defined, pursuant to an agreement with a person who could legally authorize the work.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate April 02, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 02, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 456 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Ashby(Coauthor: Senator Laird)February 19, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Ashby(Coauthor: Senator Laird) | |
| 18 | 18 | February 19, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to amend | |
| 20 | + | An act to amend Section 7044 of the Business and Professions Code, relating to professions and vocations. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 456, as | |
| 26 | + | SB 456, as introduced, Ashby. Contractors: exemptions: muralists. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Existing law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified.This bill would exempt from that law a muralist, as defined, who produces a mural, as defined, pursuant to an agreement with a person who could legally authorize the work. | |
| 28 | + | Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Existing law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified.This bill would exempt from that law a muralist, as defined, who produces a mural, as defined, pursuant to an agreement with a person who could legally authorize the work. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law makes it a misdemeanor for a person to engage in the business, or act in the capacity, of a contractor without a license, unless exempted. Existing law exempts from the Contractors State License Law, among other things, a nonprofit corporation providing assistance to an owner, as specified. | |
| 31 | 31 | ||
| 32 | 32 | This bill would exempt from that law a muralist, as defined, who produces a mural, as defined, pursuant to an agreement with a person who could legally authorize the work. | |
| 33 | 33 | ||
| 34 | - | ||
| 35 | - | ||
| 36 | - | This bill would exempt from that law an artist who draws, paints, applies, executes, restores, or conserves a mural, as defined, pursuant to an agreement with a person who could legally authorize the work. | |
| 37 | - | ||
| 38 | 34 | ## Digest Key | |
| 39 | 35 | ||
| 40 | 36 | ## Bill Text | |
| 41 | 37 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 7044 of the Business and Professions Code is amended to read:7044. (a) This chapter does not apply to any of the following:(1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) None of the improvements are intended or offered for sale.(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation.(2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.(3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist:(A) The work is performed prior to sale.(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.(C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period.(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.(5) A muralist who produces a mural.(A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work.(B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure.(b) In all actions brought under this chapter, both of the following shall apply:(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. | |
| 43 | 39 | ||
| 44 | 40 | The people of the State of California do enact as follows: | |
| 45 | 41 | ||
| 46 | 42 | ## The people of the State of California do enact as follows: | |
| 47 | 43 | ||
| 48 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 7044 of the Business and Professions Code is amended to read:7044. (a) This chapter does not apply to any of the following:(1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) None of the improvements are intended or offered for sale.(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation.(2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.(3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist:(A) The work is performed prior to sale.(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.(C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period.(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.(5) A muralist who produces a mural.(A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work.(B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure.(b) In all actions brought under this chapter, both of the following shall apply:(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. | |
| 49 | 45 | ||
| 50 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 7044 of the Business and Professions Code is amended to read: | |
| 51 | 47 | ||
| 52 | 48 | ### SECTION 1. | |
| 53 | 49 | ||
| 54 | - | ||
| 50 | + | 7044. (a) This chapter does not apply to any of the following:(1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) None of the improvements are intended or offered for sale.(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation.(2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.(3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist:(A) The work is performed prior to sale.(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.(C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period.(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.(5) A muralist who produces a mural.(A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work.(B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure.(b) In all actions brought under this chapter, both of the following shall apply:(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. | |
| 55 | 51 | ||
| 56 | - | ||
| 52 | + | 7044. (a) This chapter does not apply to any of the following:(1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) None of the improvements are intended or offered for sale.(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation.(2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.(3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist:(A) The work is performed prior to sale.(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.(C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period.(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.(5) A muralist who produces a mural.(A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work.(B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure.(b) In all actions brought under this chapter, both of the following shall apply:(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. | |
| 57 | 53 | ||
| 58 | - | ||
| 54 | + | 7044. (a) This chapter does not apply to any of the following:(1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) None of the improvements are intended or offered for sale.(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation.(2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met:(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.(3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist:(A) The work is performed prior to sale.(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.(C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period.(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.(5) A muralist who produces a mural.(A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work.(B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure.(b) In all actions brought under this chapter, both of the following shall apply:(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. | |
| 59 | 55 | ||
| 60 | 56 | ||
| 61 | 57 | ||
| 62 | - | ||
| 58 | + | 7044. (a) This chapter does not apply to any of the following: | |
| 63 | 59 | ||
| 64 | - | (b) For purposes of this section, mural means a unique work of fine art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly onto interior or exterior walls or ceilings, fixtures, or other appurtenances of a building or structure. Mural does not include painted wall signs. | |
| 65 | - | ||
| 66 | - | ||
| 67 | - | ||
| 68 | - | ||
| 69 | - | ||
| 70 | - | (a)This chapter does not apply to any of the following: | |
| 71 | - | ||
| 72 | - | ||
| 73 | - | ||
| 74 | - | (1)An owner who builds or improves a structure on the owners property, provided that both of the following conditions are met: | |
| 75 | - | ||
| 76 | - | ||
| 60 | + | (1) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met: | |
| 77 | 61 | ||
| 78 | 62 | (A) None of the improvements are intended or offered for sale. | |
| 79 | 63 | ||
| 80 | - | ||
| 81 | - | ||
| 82 | 64 | (B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owners employees with wages as their sole compensation. | |
| 83 | 65 | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | (2)An owner who builds or improves a structure on the owners property, provided that both of the following conditions are met: | |
| 87 | - | ||
| 88 | - | ||
| 66 | + | (2) An owner who builds or improves a structure on his or her the owners property, provided that both of the following conditions are met: | |
| 89 | 67 | ||
| 90 | 68 | (A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project. | |
| 91 | 69 | ||
| 92 | - | ||
| 93 | - | ||
| 94 | 70 | (B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction. | |
| 95 | 71 | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (3)A homeowner improving the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist: | |
| 99 | - | ||
| 100 | - | ||
| 72 | + | (3) A homeowner improving his or her the homeowners principal place of residence or appurtenances thereto, provided that all of the following conditions exist: | |
| 101 | 73 | ||
| 102 | 74 | (A) The work is performed prior to sale. | |
| 103 | 75 | ||
| 104 | - | ||
| 105 | - | ||
| 106 | 76 | (B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work. | |
| 107 | 77 | ||
| 108 | - | ||
| 109 | - | ||
| 110 | - | (C)The homeowner has not claimed the exemption in this paragraph on more than two structures more than once during any three-year period. | |
| 111 | - | ||
| 112 | - | ||
| 78 | + | (C) The homeowner has not availed himself or herself of claimed the exemption in this paragraph on more than two structures more than once during any three-year period. | |
| 113 | 79 | ||
| 114 | 80 | (4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code. | |
| 115 | 81 | ||
| 116 | - | ||
| 117 | - | ||
| 118 | 82 | (5) A muralist who produces a mural. | |
| 119 | - | ||
| 120 | - | ||
| 121 | 83 | ||
| 122 | 84 | (A) For purposes of this section, a muralist means an artist who draws, paints, applies, executes, restores, conserves, or affixes visual art directly onto walls, ceilings, or other fixtures of a building or structure pursuant to an agreement with a person who could legally authorize the work. | |
| 123 | 85 | ||
| 124 | - | ||
| 125 | - | ||
| 126 | 86 | (B) For purposes of this section, a mural means a unique work of visual art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly upon, or affixed directly to, an exterior or interior wall or ceiling of a building or structure. | |
| 127 | - | ||
| 128 | - | ||
| 129 | 87 | ||
| 130 | 88 | (b) In all actions brought under this chapter, both of the following shall apply: | |
| 131 | 89 | ||
| 132 | - | ||
| 133 | - | ||
| 134 | 90 | (1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale. | |
| 135 | - | ||
| 136 | - | ||
| 137 | 91 | ||
| 138 | 92 | (2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. |