AB 370 — Unlicensed contractors.

Summary

Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board. Existing law makes it a misdemeanor for a person to engage in the business or act in the capacity of a contractor without having a license and makes a first offense punishable by imprisonment in the county jail for no more than 6 months, or by a fine not exceeding $1,000, or both. Existing law requires a court to impose upon a person who has been previously convicted of that offense a fine of 20% of the price of the contract, as specified, or $4,500, whichever is greater, and imprisonment in the county jail for at least 90 days, except as specified. Existing law specifies that a 3rd or subsequent conviction is punishable by a fine of not less than $4,500 nor more than the greater of $10,000 or 20% of the contract price or by imprisonment in the county jail, as specified, or both, and applies those penalty provisions to a person who is named on a revoked license and is held responsible for the act or omission resulting in the revocation. Existing law requires a court to order a defendant convicted of a crime under those provisions, or under provisions related to the offering or performance of repairs caused by a natural disaster, to pay restitution to the victim, as specified. This bill would make a first conviction punishable by a fine not exceeding $5,000 or by imprisonment in a county jail for no more than 6 months, as specified, or both. The bill would require that the fine for a 2nd conviction be the greater of 20% of the contract price, 20% of the aggregate payments made to, or at the direction of, the unlicensed contractor, or $5,000. In addition, the bill would require that a 3rd or subsequent conviction be punishable by both a fine and imprisonment in a county jail, as specified, and would require that the fine be no less than $5,000 and no more than the greater of $10,000, 20% of the contract price, or 20% of the aggregate payments made to, or at the direction of, the unlicensed contractor. By requiring 3rd or subsequent convictions to be punishable by imprisonment in a county jail, the bill would impose a state-mandated local program. Under the provisions described above, the bill would also provide that a person who used the services of an unlicensed contractor is a victim of crime and eligible for restitution for economic losses, regardless of whether that person had knowledge that the contractor was unlicensed. 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.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/02/09 - Enrolled pdf September 02, 2009
• Amended 06/29/09 - Amended Senate pdf June 29, 2009
• Amended 03/23/09 - Amended Assembly pdf March 23, 2009
• Introduced 02/23/09 - Introduced pdf February 23, 2009
• AB370 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 319, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 08, 2009

   Enrolled and to the Governor at 4:15 p.m.

4. August 31, 2009

   Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2800.)

5. August 27, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

6. August 27, 2009

   Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 1969.)

7. July 15, 2009

   Read second time. To third reading.

8. July 14, 2009

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

9. June 30, 2009

   Withdrawn from committee. Re-referred to Com. on APPR.

10. June 30, 2009

    In committee: Hearing postponed by committee.

11. June 29, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

12. June 08, 2009

    From committee: Do pass, and re-refer to Com. on PUB. S. Re-referred. (Ayes 7. Noes 0.) (June 8).

13. May 21, 2009

    Referred to Coms. on B., P. & E.D. and PUB. S.

14. May 11, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 11, 2009

    Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1349.)

16. April 27, 2009

    Read second time. To third reading.

17. April 23, 2009

    From committee: Do pass. (Ayes 14. Noes 1.) (April 22).

18. March 31, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 0.) (March 31).

19. March 24, 2009

    Re-referred to Com. on B. & P.

20. March 23, 2009

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

21. March 09, 2009

    Referred to Com. on B. & P.

22. February 24, 2009

    From printer. May be heard in committee March 26.

23. February 23, 2009

    Read first time. To print.

Sponsors

• Blumenfield · Cosponsor
• Eng · Primary
• Huffman · Cosponsor
• Nestande · Cosponsor

Votes

Subjects