Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3087

Introduced by Assembly Member Brough

February 21, 2020

An act to amend Section 101.6 of the Business and Professions Code, relating to professions and vocations. An act to amend Section 7065 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 3087, as amended, Brough. Professions and vocations. Contractors’ State License Law.
Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law authorizes the issuance of contractors’ licenses to individual owners, partnerships, and corporations and authorizes those persons and entities to qualify for a license by written examination administered by the registrar. Under existing law, the registrar, among other things, carries out specified administrative duties and those duties delegated by the board.
This bill would authorize the registrar to contract with a public or private organization to administer the examination and to provide materials and services for the examination.

Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, and commissions that license and regulate the practice of various professions and vocations deemed to engage in activities that have potential impact upon the public health, safety, and welfare for the purpose of ensuring that those professions and vocations are adequately regulated in order to protect the people of California.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7065 of the Business and Professions Code is amended to read:

7065.
 (a) Under rules and regulations adopted by the board and approved by the director, the registrar shall investigate, classify, and qualify applicants for contractors’ licenses by written examination. This examination shall include questions designed to show that the applicant has the necessary degree of knowledge required by Section 7068 and shall include pertinent questions relating to the laws of this state and the contracting business and trade.
(b) Contractors’ licenses are to be issued to individual owners, partnerships, corporations, and limited liability companies in accordance with this chapter.
(1) Every person who is an officer, member, responsible manager, or director of a corporation or limited liability company seeking licensure under this chapter shall be listed on the application as a member of the personnel of record.
(2) Every person who is a member of a partnership seeking licensure under this chapter shall be listed on the application as a member of the personnel record.
(c) An applicant shall qualify for licensure in accordance with this subdivision as follows:
(1) An individual owner may qualify by examination for a contractor’s license upon the appearance of the owner or a qualifying individual appearing as a responsible managing employee on behalf of the owner.
(2) A partnership may qualify by examination for a contractor’s license upon the appearance of a partner or a qualifying individual appearing as a responsible managing employee on behalf of the partnership.
(3) A corporation may qualify by examination for a contractor’s license upon the appearance of a qualifying individual appearing either as a responsible managing officer or a responsible managing employee on behalf of the corporation.
(4) A limited liability company may qualify by examination for a contractor’s license upon the appearance of a qualifying individual appearing as a responsible managing officer, a responsible managing manager, a responsible managing member, or a responsible managing employee on behalf of the company.
(d) No examination shall be required of a qualifying individual if, within the five-year period immediately preceding the application for licensure, the qualifying individual has either personally passed the written examination for the same classification being applied for, or has served as the qualifying individual for a licensee whose license was in good standing at any time during the five-year period immediately preceding the application for licensure and in the same classification being applied for.
(e) The registrar may contract with a public or private organization to conduct or administer the examination. The registrar may also contract with a public or private organization for materials or services related to the examination.

SECTION 1.Section 101.6 of the Business and Professions Code is amended to read:
101.6.

(a)The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California.

(b)To this end, the boards, bureaus, and commissions establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate upon determining that those persons possess the requisite skills and qualifications necessary to provide safe and effective services to the public, or register or otherwise certify persons in order to identify practitioners and ensure performance according to set and accepted professional standards. They provide a means for redress of grievances by investigating allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the public and institute disciplinary action against persons licensed or registered under the provisions of this code when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or otherwise certified persons in order to ensure compliance with the relevant sections of this code.