Bill Text: CA SB630 | 2023-2024 | Regular Session | Chaptered
Bill Title: Contractors State License Board: regulation of contractors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-09-01 - Chaptered by Secretary of State. Chapter 153, Statutes of 2023. [SB630 Detail]
Download: California-2023-SB630-Chaptered.html
Senate Bill
No. 630
CHAPTER 153
An act to amend Section 7095 of, and to add Section 7083.2 to, the Business and Professions Code, relating to businesses and professions.
[
Approved by
Governor
September 01, 2023.
Filed with
Secretary of State
September 01, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 630, Dodd.
Contractors State License Board: regulation of contractors.
(1) Existing law, the Contractors State License Law, provides for the licensure and regulation of contractors by the Contractors State License Board in the Department of Consumer Affairs. That law requires an applicant, registrant, or licensee to provide certain information to the board.
This bill would additionally require an applicant, registrant, or licensee that has a valid email address to provide the board with that email address at the time of application or renewal, as applicable.
(2) Existing law, the California Public Records Act, requires a state or local public agency to make public records available for public inspection and to make copies available upon request and payment of a fee, unless the records are exempt from
disclosure.
The bill would provide that the above-specified email addresses are not subject to disclosure under prescribed law, including the California Public Records Act, except as specified.
(3) Existing law authorizes the board to take various measures as part of a decision in a disciplinary action, including impose conditions upon the licensee.
This bill would further authorize a decision to provide for a stay of execution of the decision, pending the completion of specified terms and conditions of probation. The bill would provide that the failure to fully comply with the terms and conditions of probation may result in the automatic termination of the stay of execution.
(4) Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 7083.2 is added to the Business and Professions Code, to read:7083.2.
(a) An applicant for licensure or registration that has a valid email address shall report to the board that email address at the time of application.(b) A registrant or licensee that has a valid email address shall report that email address to the board at the time of renewal.
(c) To protect the privacy of applicants, registrants, and licensees, the email address provided to the board pursuant to subdivisions (a) and (b) shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an
order of a court of competent jurisdiction.
(d) Information sent from an email account of the board to a valid email address provided by an applicant, registrant, or licensee is presumed to have been delivered to the email address provided.
(e) For the purposes of this section, “valid email address” means an email address at which the applicant, registrant, or licensee is currently receiving email at the time the application, registration, or license renewal is submitted to the board.
SEC. 2.
Section 7095 of the Business and Professions Code is amended to read:7095.
(a) The decision may:(1) Provide for the immediate complete suspension by the licensee of all operations as a contractor during the period fixed by the decision.
(2) Permit the licensee to complete any or all contracts shown by competent evidence taken at the hearing to be then uncompleted.
(3) Impose upon the licensee compliance with such specific terms and conditions as may be just in connection with
the licensee’s operations as a contractor disclosed at the hearing and may further provide that until those terms and conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the registrar.
(4) (A) Provide for the stay of execution of the decision pending completion of specified terms and conditions of probation.
(B) Failure to fully comply with the terms and conditions of probation set pursuant to subparagraph (A) may result in automatic termination of the stay of execution without
further notice. If a stay of execution is terminated pursuant to this subparagraph, the decision shall be considered a disciplinary action within the meaning of this chapter.
(b) The specific terms and conditions imposed pursuant to paragraph (3) or (4) of subdivision (a) may include, but are not limited to, any of the following:
(1) Payment of restitution to persons injured as a result of the violation.
(2) Payment of the costs of investigation and enforcement pursuant to Section 125.3.
(3) Enrollment in, and completion of, specified administrative or trade-specific coursework.
(4) Successful completion of the board’s law and business examination or trade examination, as appropriate.
(5) Any further terms and conditions as are set forth for specified violations in the board’s disciplinary guidelines in Section 871 of Title 16 of the California Code of Regulations.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Section 7083.2 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:This act restricts public access to information retained by the Contractors State License Board to protect the personal and private email addresses of licensed contractors.
