Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Noelia Corzo, District 2
Subject: Resolution Supporting California Senate Bill 456 (Ashby), Relating to Contractors: Exemptions for Muralists
RECOMMENDATION:
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Adopt a resolution supporting California Senate Bill 456 (Ashby), relating to contractors: exemptions for muralists.
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BACKGROUND:
Under existing California law, individuals performing work on buildings valued over $500 must hold a contractor’s license issued by the Contractors State License Board. While this requirement serves to protect consumers and ensure quality in construction, it does not appropriately reflect the nature of artistic work such as murals, which are fundamentally creative rather than structural in scope.
Senate Bill 456, introduced by Senator Angelique Ashby, proposes to amend Section 7044 of the Business and Professions Code to add an exemption for muralists. The bill defines muralists as visual artists who paint or affix original art directly to walls or structures under an agreement with an authorized entity. This clarification would allow muralists to work independently without needing licensure as a construction contractor.
DISCUSSION:
In 2023, public notices began being issued to municipalities indicating that muralists fall within the definition of a "contractor" under Business and Professions Code section 7026. As a result, muralists must carry a contractor's license if they undertake a mural on a building for more than $500. Additionally, per Business and Professions Code section 7028.15 (e), city staff may be fined for knowingly hiring an unlicensed muralist. Due to these licensure requirements, cities across California have had to cease or stall the implementation of mural projects.
To qualify for these commercial licenses, muralists must accumulate four years of specialized experience under a licensed contractor, pass the Law and Business examination, and pay annual licensing fees. These requirements create unnecessary barriers to work on public art projects and expose city employees and artists to fines if such requirements are not met.
The County of San Mateo has long recognized the critical role that arts and culture play in enriching communities, strengthening local economies, and supporting public well-being. In 2022, the County established the Office of Arts and Culture (OAC) under the County Executive’s Office to guide and support a comprehensive arts strategy, as outlined in the County’s Strategic Cultural Plan. The plan identifies a key goal of reducing systemic barriers for local artists and ensuring equitable access to cultural and creative opportunities.
SB 456 aligns with this vision by removing an unnecessary regulatory burden that disproportionately affects independent and emerging artists, particularly those from marginalized communities. By supporting SB 456, the County reinforces its commitment to public art, cultural equity, and the economic vitality.
Additionally, the County’s Public Art Policy, adopted in April 2022, promotes the creation and maintenance of visual art in public spaces and ensures inclusive engagement with artists across the region. Removing licensure requirements for muralists would align with this policy by expanding the pool of artists able to legally and affordably contribute to public art initiatives.
COMMUNITY IMPACT:
Under the current licensure framework, the requirement for a contractor’s license creates a significant financial and bureaucratic hurdle for independent muralists, many of whom operate outside formal construction trades. By exempting muralists, SB 456 would increase access to public and private art commissions, allowing a more diverse range of artists to participate in beautifying public spaces and sharing culturally relevant narratives.
This policy aligns with San Mateo County’s Strategic Cultural Plan and Public Art Policy, both of which emphasize equity, access, and community engagement in the arts. Supporting SB 456 promotes inclusive economic opportunity, fosters cultural representation, and ensures that the County’s investment in public art reflects the diversity of its residents.
FISCAL IMPACT:
There is no fiscal impact associated with support for SB 456.