Bill Text: CA AB1383 | 2023-2024 | Regular Session | Introduced
Bill Title: Contractors: discipline: noncompliance with child support obligations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1383 Detail]
Download: California-2023-AB1383-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1383
| Introduced by Assembly Member Ortega (Coauthor: Assembly Member Schiavo) |
February 17, 2023 |
An act to add Section 7105 to the Business and Professions Code, relating to contractors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1383, as introduced, Ortega.
Contractors: discipline: noncompliance with child support obligations.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board, as defined, to suspend a license on certain bases, including if the licensee is not in compliance with a child support order or judgment. Under the Contractors State License Law, the Contractors State License Board is responsible for the licensure, regulation, and discipline of contractors, as defined.
This bill would require the Contractors State License Board, by January 1, 2025, to adopt regulations to provide for withholding issuance or renewal of a license application if the qualifying individual, responsible managing officer, or responsible managing employee is not in compliance with a child support order or judgment, as provided. The bill would require the board’s
regulations to provide for the suspension of licenses if the Department of Child Support Services provides the board with a list of delinquent child support obligors and the qualifying individual, responsible managing officer, or responsible managing employee for the license is not in compliance with a child support order.
This bill would require licensees to notify the registrar of the board in writing of any earnings assignment order for child support issued by a court that includes an amount ordered to be paid toward the liquidation of an arrearage owed, unless the arrearage has been paid or the order has been suspended. The bill would require a license to be automatically suspended if the licensee fails to notify the registrar in writing within 120 days of the issuance of the earnings assignment order, as provided. The bill would require the board to adopt regulations providing procedures for the suspension of the license of a licensee who is out of compliance
with a judgment or order of support that requires payment of unsatisfied arrearages.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7105 is added to the Business and Professions Code, to read:7105.
(a) The board shall adopt regulations to provide for withholding issuance or renewal of a license application if the qualifying individual, responsible managing officer, or responsible managing employee is not in compliance with a child support order or judgment, pursuant to Section 17520 of the Family Code. The regulations shall also provide for the suspension of licenses if the Department of Child Support Services provides the board with a list of delinquent child support obligors, as permitted by subdivision (e) of Section 17520 of the Family Code and Section 490.5, and the qualifying individual, responsible managing officer, or responsible managing employee for the license is not in compliance with a child support order.(b) (1) Notwithstanding any other provision of law, all licensees shall notify the registrar in writing of any earnings assignment order for child support issued by a court under Section 5230 of the Family Code that includes an amount ordered to be paid toward the liquidation of an arrearage owed by the qualifying individual, responsible managing officer, or responsible managing employee, unless the arrearage has been paid or the order has been suspended. If the licensee fails to notify the registrar in writing within 120 days of the issuance of the earnings assignment order, the license shall be automatically suspended if the registrar is informed or is made aware of the order including an unsatisfied arrearage owed and the licensee fails to provide proof that the arrearage has been satisfied within 10 days of notice from the registrar. This paragraph shall not be effective until the board adopts the regulations required by paragraph (2).
(2) The board shall adopt regulations providing procedures for the suspension of the license of a licensee who is out of compliance with a judgment or order of support that requires payment of unsatisfied arrearages. The regulations shall include provisions for the board to take action upon notification by any party having knowledge of the judicial determination of arrearages and proof of the order and unpaid arrearages.
(c) The board shall adopt the regulations required by this section by January 1, 2025.
