Bill Text: CA AB2210 | 2019-2020 | Regular Session | Chaptered

California Assembly Bill 2210 (Prior Session Legislation)

Bill Title: Contractors: violations: disciplinary actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-24 - Chaptered by Secretary of State - Chapter 128, Statutes of 2020. [AB2210 Detail]

Download: California-2019-AB2210-Chaptered.html

Assembly Bill No. 2210

CHAPTER 128

An act to amend Sections 7109.5 and 7110.5 of the Business and Professions Code, relating to professions and vocations.

[ Approved by Governor September 24, 2020. Filed with Secretary of State September 24, 2020. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2210, Aguiar-Curry. Contractors: violations: disciplinary actions.

Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors. Existing law creates the Contractors’ State License Board, within the Department of Consumer Affairs and authorizes the board to impose discipline on contractors for violations of laws and to impose, among other penalties, civil penalties. Existing law authorizes the board to appoint a registrar as the executive officer and secretary to carry out all of the administrative duties of the board. Existing law provides that a cause for disciplinary action against a contractor arises for violations of specified safety provisions that result in death or serious injury to a person.

This bill would also authorize disciplinary action against a contractor for violations of specified regulations regarding tree work, including maintenance or removal, without regard to whether death or serious injury to an employee resulted.

Existing law requires the registrar to initiate disciplinary action against a contractor within 180 days of receipt of notification from the Labor Commissioner that a contractor has made a willful or deliberate violation of the Labor Code.

This bill would also require the registrar to initiate disciplinary action against a contractor upon transmission to the Contractors’ State License Board of copies of any citations or other actions for willful or deliberate violations of specified tree trimming regulations. The bill would also extend the time for the registrar to bring the disciplinary action from 180 days to 18 months.

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

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

SECTION 1.

Section 7109.5 of the Business and Professions Code is amended to read:

7109.5.

(a) Violation of any safety provision in, or authorized by, Article 12 (commencing with Section 3420) of Group 3 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations constitutes a cause for disciplinary action without regard to whether death or serious injury to an employee resulted from the violation.

(b) Violation of any safety provision in, or authorized by, Division 5 (commencing with Section 6300) of the Labor Code resulting in death or serious injury to an employee constitutes a cause for disciplinary action.

SEC. 2.

Section 7110.5 of the Business and Professions Code is amended to read:

7110.5.

Upon receipt of a certified copy of the Labor Commissioner’s finding of a willful or deliberate violation of the Labor Code by a licensee, pursuant to Section 98.9 of the Labor Code, or upon transmission to the Contractors’ State License Board of copies of any citations or other actions taken by the Division of Occupational Safety and Health pursuant to Article 12 (commencing with Section 3420) of Group 3 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the Code of California Regulations, the registrar shall initiate disciplinary action against the licensee within 18 months from the date of the registrar’s receipt of the violation.