Bill Text: CA AB2286 | 2015-2016 | Regular Session | Introduced
Bill Title: Contractors: home improvement salespersons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2286 Detail]
Download: California-2015-AB2286-Introduced.html
BILL NUMBER: AB 2286 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mullin
FEBRUARY 18, 2016
An act to amend Sections 7137 and 7153.3 of, and to add Sections
7067 and 7153.5 to, the Business and Professions Code, relating to
professions and vocations, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2286, as introduced, Mullin. Contractors: home improvement
salespersons.
Existing law, the Contractors' State License Law, provides for the
licensure and regulation of contractors, including home improvement
contractors, by the Contractors' State License Board within the
Department of Consumer Affairs. Existing law also provides for the
registration and regulation of home improvement salespersons, who are
employed by a licensed home improvement contractor, by the board.
Existing law requires the fees and civil penalties received under
this law to be deposited in the Contractors' License Fund, a
continuously appropriated fund. Existing law authorizes the board to
set fees by regulation and sets forth certain limitations on those
fees. Existing law, in connection with a delinquent application for
the renewal of registration of a home improvement salesperson,
establishes a delinquent renewal penalty.
This bill would increase various fee limitations and would
additionally provide that the application fee to add personnel to an
existing license be no more than $150. The bill would also increase
the delinquent renewal penalty described above. Because the increased
and new fees would be deposited into the Contractors' License Fund,
a continuously appropriated fund, the bill would make an
appropriation.
Existing law, on and after July 1, 2016, requires a board within
the department to expedite, and authorizes the department to assist
with, the initial licensure process for an applicant who supplied
satisfactory evidence that he or she has served as an active duty
member of the Armed Forces of the United States and was honorably
discharged. Existing law also establishes a similar expedited
licensure process for an applicant who holds a current license in
another jurisdiction and has a specified relationship with such an
active duty member who is assigned to a duty station in this state
under official orders.
This bill would require the board to establish, by regulation,
expedited processes for applications for licensure of contractors and
registration of home improvement salespersons, including criteria
for approval. The bill would exempt from these regulations an
application that is required to be expedited pursuant to other law,
including, but not limited to, the applications of those
aforementioned applicants who have, among other things, served as an
active duty member of the Armed Forces of the United States or have a
specified relationship with such an active duty member.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7067 is added to the Business and Professions
Code, to read:
7067. The board shall, by regulation, establish an expedited
process for applications for licensure, including criteria for
approval. Those regulations shall not apply to an application for
licensure that is required to be expedited pursuant to other law,
including, but not limited to, Section 115.4 or 115.5.
SEC. 2. Section 7137 of the Business and Professions Code is
amended to read:
7137. The board shall set fees by regulation. These fees shall
not exceed the following schedule:
(a) (1) The application fee for an original
license in a single classification shall not be more than three
hundred sixty dollars ($300).
($360).
The
(2) The application fee for each
additional classification applied for in connection with an original
license shall not be more than seventy-five dollars ($75).
The
(3) The application fee for each
additional classification pursuant to Section 7059 shall not be more
than seventy-five dollars ($75). three
hundred dollars ($300).
The
(4) The application fee to
replace a responsible managing officer, responsible managing manager,
responsible managing member, or responsible managing employee
pursuant to Section 7068.2 shall not be more than
seventy-five dollars ($75). three hundred dollars
($300).
(5) The application fee to add personnel, other than a qualifying
individual, to an existing license shall not be more than one hundred
fifty dollars ($150).
(b) The fee for rescheduling an examination for an applicant who
has applied for an original license, additional classification, a
change of responsible managing officer, responsible managing manager,
responsible managing member, or responsible managing employee, or
for an asbestos certification or hazardous substance removal
certification, shall not be more than sixty dollars ($60).
(c) The fee for scheduling or rescheduling an examination for a
licensee who is required to take the examination as a condition of
probation shall not be more than sixty dollars ($60).
(d) The initial license fee for an active or inactive license
shall not be more than one hundred eighty dollars ($180).
two hundred twenty dollars ($220).
(e) (1) The renewal fee for an active
license shall not be more than three hundred sixty dollars
($360). four hundred thirty dollars ($430).
The
(2) The renewal fee for an
inactive license shall not be more than one hundred eighty
dollars ($180). two hundred twenty dollars ($220).
(f) The delinquency fee is an amount equal to 50 percent of the
renewal fee, if the license is renewed after its expiration.
(g) The registration fee for a home improvement salesperson shall
not be more than seventy-five dollars ($75).
ninety dollars ($90).
(h) The renewal fee for a home improvement salesperson
registration shall not be more than seventy-five dollars
($75). ninety dollars ($90).
(i) The application fee for an asbestos certification examination
shall not be more than seventy-five dollars ($75).
ninety dollars ($90).
(j) The application fee for a hazardous substance removal or
remedial action certification examination shall not be more than
seventy-five dollars ($75). ninety dollars
($90).
(k) In addition to any other fees charged to C-10 and C-7
contractors, the board may charge a fee not to exceed twenty dollars
($20), which shall be used by the board to enforce provisions of the
Labor Code related to electrician certification.
SEC. 3. Section 7153.3 of the Business and Professions Code is
amended to read:
7153.3. (a) To renew a home improvement salesperson registration,
which has not expired, the registrant shall before the time at which
the registration would otherwise expire, apply for renewal on a form
prescribed by the registrar and pay a renewal fee prescribed by this
chapter. Renewal of an unexpired registration shall continue the
registration in effect for the two-year period following the
expiration date of the registration, when it shall expire if it is
not again renewed.
(b) An application for renewal of registration is delinquent if
the application is not postmarked or received via electronic
transmission as authorized by Section 7156.6 by the date on which the
registration would otherwise expire. A registration may, however,
still be renewed at any time within three years after its expiration
upon the filing of an application for renewal on a form prescribed by
the registrar and the payment of the renewal fee prescribed by this
chapter and a delinquent renewal penalty in the
an amount of twenty-five dollars ($25).
equal to 50 percent of the renewal fee. If a registration
is not renewed within three years, the person shall make a new
application for registration pursuant to Section 7153.1.
(c) (1) The registrar may refuse to renew a
registration for failure by the registrant to complete the
application for renewal of registration. If a registrant fails to
return the application rejected for insufficiency or incompleteness
within 90 days from the original date of rejection, the application
and fee shall be deemed abandoned. Any application abandoned may not
be reinstated. However, the person may file a new application for
registration pursuant to Section 7153.1.
The
(2) The registrar may review and
accept the petition of a person who disputes the abandonment of his
or her renewal application upon a showing of good cause. This
petition shall be received within 90 days of the date the application
for renewal is deemed abandoned.
SEC. 4. Section 7153.5 is added to the Business and Professions
Code, to read:
7153.5. The board shall, by regulation, establish an expedited
process for applications for a registration, including criteria for
approval. Those regulations shall not apply to an application for a
registration that is required to be expedited pursuant to other law,
including, but not limited to, Section 115.4 or 115.5.
