Bill Text: CA AB1278 | 2017-2018 | Regular Session | Amended
Bill Title: Contractor licensing: judgment debtor prohibition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-05 - Chaptered by Secretary of State - Chapter 506, Statutes of 2017. [AB1278 Detail]
Download: California-2017-AB1278-Amended.html
Amended
IN
Assembly
April 03, 2017 |
Assembly Bill | No. 1278 |
Introduced by Assembly Member Low |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
The Physical Therapy Practice Act provides for the licensure and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California within the Department of Consumer Affairs. Existing law requires the board to adopt regulations necessary to effectuate that act and to comply with the Administrative Procedure Act when adopting those regulations.
This bill would make nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7071.17 of the Business and Professions Code is amended to read:7071.17.
(a) Notwithstanding any other provision of law, the board shall require, as a condition precedent to accepting an application for licensure, renewal, reinstatement, or to change officers or other personnel of record, that an applicant, previously found to have failed or refused to pay a contractor, subcontractor, consumer, materials supplier, or employee based on an unsatisfied final judgment, file or have on file with the board a bond sufficient to guarantee payment of an amount equal to the unsatisfied final judgment or judgments. The applicant shall have 90 days from the date of notification by the board to file the bond or the application shall become void and the applicant shall reapply for issuance, reinstatement, or reactivation of a license. The board may not issue, reinstate, or reactivate a license until the bond is filed with the board. The bond required by this section is in addition to the contractor’s bond. The bond shall be on file for a minimum of one year, after which the bond may be removed by submitting proof of satisfaction of all debts. The applicant may provide the board with a notarized copy of any accord, reached with any individual holding an unsatisfied final judgment, to satisfy a debt in lieu of filing the bond. The board shall include on the license application for issuance, reinstatement, or reactivation, a statement, to be made under penalty of perjury, as to whether there are any unsatisfied judgments against the applicant on behalf of contractors, subcontractors, consumers, materials suppliers, or the applicant’s employees. Notwithstanding any other provision of law, if it is found that the applicant falsified the statement then the license will be retroactively suspended to the date of issuance and the license will stay suspended until the bond, satisfaction of judgment, or notarized copy of any accord applicable under this section is filed.The board shall adopt those regulations as may be necessary to effectuate this chapter. In adopting regulations the board shall comply with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).