Bill Text: CA SB261 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Contractors: fraudulent use of license.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 163, Statutes of 2013. [SB261 Detail]

Download: California-2013-SB261-Chaptered.html

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BILL NUMBER: SB 261	CHAPTERED
	BILL TEXT

	CHAPTER  163
	FILED WITH SECRETARY OF STATE  AUGUST 27, 2013
	APPROVED BY GOVERNOR  AUGUST 27, 2013
	PASSED THE SENATE  APRIL 29, 2013
	PASSED THE ASSEMBLY  AUGUST 8, 2013

INTRODUCED BY   Senator Monning
   (Principal coauthor: Assembly Member Achadjian)

                        FEBRUARY 13, 2013

   An act to add Section 7114.2 to the Business and Professions Code,
relating to contractors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 261, Monning. Contractors: fraudulent use of license.
   The Contractors' State License Law provides for the licensure and
regulation of contractors by the Contractors' State License Board and
requires the board to appoint a registrar of contractors to perform
specified duties. Existing law authorizes the registrar to issue a
citation, instead of initiating disciplinary proceedings, to a
licensee when the registrar has probable cause to believe that the
licensee has committed acts in violation of the Contractors' State
License Law. Existing law authorizes the citation to include an order
for payment by a licensee of a specified sum to an injured party.
Existing law provides that it is grounds for disciplinary action for
a licensed contractor to aid an unlicensed person in evading the
Contractors' State License Law, to allow an unlicensed person to use
his or her license, or to act in the capacity of a contractor under
an inactive or suspended license. Under existing law, any person who
willfully and intentionally uses, with intent to defraud, a
contractor's license number that does not correspond to the number on
a currently valid contractor's license held by that person, is
guilty of a crime. Existing law authorizes the registrar of
contractors to issue a citation to an unlicensed individual who is in
violation of that provision, including an order of abatement and a
civil penalty.
   Under existing law, it is a crime to engage in specified
activities with respect to professional licenses, as defined to
include a contractor's license, including lending a license to any
other person or knowingly permitting the use of the license by
another person.
   This bill would provide that any licensed or unlicensed person who
commits any of those specified activities with respect to a
contractor's license is subject to the administrative remedies
authorized by the Contractors' State License Law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7114.2 is added to the Business and Professions
Code, to read:
   7114.2.  Any licensed or unlicensed person who commits any act
prohibited by Section 119 is subject to the administrative remedies
authorized by this chapter. Unless otherwise expressly provided, the
remedies authorized under this section shall be separate from, and in
addition to, all other available remedies, whether civil or
criminal.