SB 1189 — Contracting business: home improvement: residential property.

Summary

(1) Existing law, the Contractors' State License Law, defines and regulates the activities of contractors and provides for their licensure, regulation, and discipline by the Contractors' State License Board within the Department of Consumer Affairs. Existing law classifies the contracting business as general engineering contracting, general building contracting, and specialty contracting. Certain violations of the Contractors' State License Law are punished as misdemeanors. This bill would create a new classification of contracting business, to be called residential remodeling contracting. The bill would provide that a residential remodeling contractor's principal contracting business is in projects that make improvements to, on, or in an existing residential wood frame structure that require the use of at least 3 unrelated building trades or crafts for a single contract. The bill would provide a nonexclusive list of trades or crafts in this regard. The bill would prohibit a residential remodeling contractor from taking a contract for a project unless the contract includes 3 or more unrelated trades or crafts, including fire protection, unless the contractor holds the appropriate license classification or subcontracts with an appropriately licensed contractor. The bill would also prohibit a residential remodeling contractor from contracting to make structural changes to load bearing portions of an existing structure and from contracting to install, replace, substantially alter, or extend electrical, mechanical, or plumbing systems or their component parts, or the mechanisms or devices that are part of those systems, except as specified. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) Under existing law, a person who engages in the business or acts in the capacity of a contractor, without having a license in connection with the offer or performance of repairs to a residential or nonresidential structure for damage caused by a natural disaster, as specified, is guilty of a crime, punishable as a felony or a misdemeanor. Existing law prescribes certain sentence enhancements for people who commit specified crimes as part of a scheme to defraud owners and lessees of residential or nonresidential structures in connection with the offer or performance of repairs to a residential or nonresidential structure caused by a natural disaster, as specified. This bill would apply the provisions described above to improvements, to property as well as to structures, and to the adding to, or subtracting from, grounds in connection with them. The bill would also specify that the provisions described above apply to destruction as well as damage caused by a natural disaster. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law defines and regulates the activities of home improvement contractors and home improvement sales people. For these purposes, existing law defines "home improvement" as the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property, as specified, and the installation of home improvement goods or the furnishing of home improvement services. Certain violations of these provisions are punished as misdemeanors. This bill would expand the definition of home improvement to include the reconstruction, restoration, or rebuilding of residential property that is damaged or destroyed by a natural disaster for which a state of emergency is proclaimed by the Governor or for which an emergency or major disaster is declared by the President of the United States. By expanding the definition of a crime, this bill would impose a state-mandated local program. (4) 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 09/30/20 - Chaptered Current pdf September 30, 2020
• Enrolled 09/01/20 - Enrolled pdf September 01, 2020
• Amended 08/03/20 - Amended Assembly pdf August 03, 2020
• Amended 07/27/20 - Amended Assembly pdf July 27, 2020
• Amended 06/18/20 - Amended Senate pdf June 18, 2020
• Amended 05/06/20 - Amended Senate pdf May 06, 2020
• Amended 04/09/20 - Amended Senate pdf April 09, 2020
• Introduced 02/20/20 - Introduced pdf February 20, 2020
• SB1189 View text html

Action History

1. September 30, 2020

   Chaptered by Secretary of State. Chapter 364, Statutes of 2020.

2. September 30, 2020

   Approved by the Governor.

3. September 04, 2020

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 28, 2020

   Assembly amendments concurred in. (Ayes 39. Noes 0. Page 4397.) Ordered to engrossing and enrolling.

5. August 25, 2020

   In Senate. Concurrence in Assembly amendments pending.

6. August 25, 2020

   Read third time. Passed. (Ayes 75. Noes 0. Page 5202.) Ordered to the Senate.

7. August 24, 2020

   Read second time. Ordered to third reading.

8. August 20, 2020

   From committee: Do pass. (Ayes 18. Noes 0.) (August 20).

9. August 18, 2020

   August 18 set for first hearing. Placed on suspense file.

10. August 11, 2020

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 19. Noes 0.) (August 10). Re-referred to Com. on APPR.

11. August 03, 2020

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.

12. July 27, 2020

    July 27 hearing postponed by committee.

13. July 27, 2020

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.

14. June 29, 2020

    Referred to Com. on B. & P.

15. June 24, 2020

    In Assembly. Read first time. Held at Desk.

16. June 24, 2020

    Read third time. Passed. (Ayes 39. Noes 0. Page 3818.) Ordered to the Assembly.

17. June 23, 2020

    Ordered to special consent calendar.

18. June 22, 2020

    Read second time. Ordered to third reading.

19. June 18, 2020

    Read second time and amended. Ordered to second reading.

20. June 18, 2020

    From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3770.) (June 18).

21. June 11, 2020

    Set for hearing June 18.

22. June 09, 2020

    June 9 hearing: Placed on APPR. suspense file.

23. June 03, 2020

    Set for hearing June 9.

24. June 02, 2020

    Hearing rescheduled due to Capitol closure.

25. May 26, 2020

    Set for hearing June 1.

26. May 18, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3550.) (May 18). Re-referred to Com. on APPR.

27. May 14, 2020

    Set for hearing May 18.

28. May 06, 2020

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

29. April 09, 2020

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

30. March 18, 2020

    March 23 hearing postponed by committee.

31. March 11, 2020

    Set for hearing March 23.

32. March 05, 2020

    Referred to Com. on B., P. & E.D.

33. February 21, 2020

    From printer. May be acted upon on or after March 22.

34. February 20, 2020

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Mike McGuire · Primary
• Dodd · Cosponsor
• Low · Cosponsor

Votes

Subjects