Enrolled August 24, 2022 Passed IN Senate August 22, 2022 Passed IN Assembly May 25, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1747Introduced by Assembly Member QuirkJanuary 31, 2022 An act to amend Sections 7099.2 and 7110 of the Business and Professions Code, relating to contractors. LEGISLATIVE COUNSEL'S DIGESTAB 1747, Quirk. Contractors: disciplinary action.Existing law provides for the licensure and regulation of contractors by the Contractors State License Board. Under existing law, willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. Existing law provides for related disciplinary proceedings, requires the board to promulgate regulations covering the assessment of civil penalties under those disciplinary provisions, and authorizes a civil penalty not to exceed $30,000 for specified violations.This bill would provide that the list of violations that constitute cause for a disciplinary action by the board includes a willful or deliberate disregard of any state or local law relating to the issuance of building permits, and would authorize a civil penalty not to exceed $30,000 for any violation included on that above-specified list.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7099.2 of the Business and Professions Code is amended to read:7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure being charged.(3) The history of previous violations.(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4SEC. 2. Section 7110 of the Business and Professions Code is amended to read:7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:(a) Section 8550 or 8556.(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.(h) Any state or local law relating to the issuance of building permits.
Enrolled August 24, 2022 Passed IN Senate August 22, 2022 Passed IN Assembly May 25, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1747Introduced by Assembly Member QuirkJanuary 31, 2022 An act to amend Sections 7099.2 and 7110 of the Business and Professions Code, relating to contractors. LEGISLATIVE COUNSEL'S DIGESTAB 1747, Quirk. Contractors: disciplinary action.Existing law provides for the licensure and regulation of contractors by the Contractors State License Board. Under existing law, willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. Existing law provides for related disciplinary proceedings, requires the board to promulgate regulations covering the assessment of civil penalties under those disciplinary provisions, and authorizes a civil penalty not to exceed $30,000 for specified violations.This bill would provide that the list of violations that constitute cause for a disciplinary action by the board includes a willful or deliberate disregard of any state or local law relating to the issuance of building permits, and would authorize a civil penalty not to exceed $30,000 for any violation included on that above-specified list.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Enrolled August 24, 2022 Passed IN Senate August 22, 2022 Passed IN Assembly May 25, 2022
Enrolled August 24, 2022
Passed IN Senate August 22, 2022
Passed IN Assembly May 25, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1747
Introduced by Assembly Member QuirkJanuary 31, 2022
Introduced by Assembly Member Quirk
January 31, 2022
An act to amend Sections 7099.2 and 7110 of the Business and Professions Code, relating to contractors.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1747, Quirk. Contractors: disciplinary action.
Existing law provides for the licensure and regulation of contractors by the Contractors State License Board. Under existing law, willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. Existing law provides for related disciplinary proceedings, requires the board to promulgate regulations covering the assessment of civil penalties under those disciplinary provisions, and authorizes a civil penalty not to exceed $30,000 for specified violations.This bill would provide that the list of violations that constitute cause for a disciplinary action by the board includes a willful or deliberate disregard of any state or local law relating to the issuance of building permits, and would authorize a civil penalty not to exceed $30,000 for any violation included on that above-specified list.
Existing law provides for the licensure and regulation of contractors by the Contractors State License Board. Under existing law, willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. Existing law provides for related disciplinary proceedings, requires the board to promulgate regulations covering the assessment of civil penalties under those disciplinary provisions, and authorizes a civil penalty not to exceed $30,000 for specified violations.
This bill would provide that the list of violations that constitute cause for a disciplinary action by the board includes a willful or deliberate disregard of any state or local law relating to the issuance of building permits, and would authorize a civil penalty not to exceed $30,000 for any violation included on that above-specified list.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7099.2 of the Business and Professions Code is amended to read:7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure being charged.(3) The history of previous violations.(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4SEC. 2. Section 7110 of the Business and Professions Code is amended to read:7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:(a) Section 8550 or 8556.(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.(h) Any state or local law relating to the issuance of building permits.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 7099.2 of the Business and Professions Code is amended to read:7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure being charged.(3) The history of previous violations.(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4
SECTION 1. Section 7099.2 of the Business and Professions Code is amended to read:
### SECTION 1.
7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure being charged.(3) The history of previous violations.(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4
7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure being charged.(3) The history of previous violations.(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4
7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure being charged.(3) The history of previous violations.(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4
7099.2. (a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation.
(2) The good faith of the licensee or applicant for licensure being charged.
(3) The history of previous violations.
(b) Notwithstanding Section 125.9, and except as otherwise provided by this chapter, a civil penalty shall not be assessed in an amount greater than eight thousand dollars ($8,000). Notwithstanding Section 125.9, a civil penalty not to exceed thirty thousand dollars ($30,000) may be assessed for a violation of Section 7110, 7114, 7118, or 7125.4
SEC. 2. Section 7110 of the Business and Professions Code is amended to read:7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:(a) Section 8550 or 8556.(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.(h) Any state or local law relating to the issuance of building permits.
SEC. 2. Section 7110 of the Business and Professions Code is amended to read:
### SEC. 2.
7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:(a) Section 8550 or 8556.(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.(h) Any state or local law relating to the issuance of building permits.
7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:(a) Section 8550 or 8556.(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.(h) Any state or local law relating to the issuance of building permits.
7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:(a) Section 8550 or 8556.(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.(h) Any state or local law relating to the issuance of building permits.
7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee:
(a) Section 8550 or 8556.
(b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code.
(c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state.
(d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).
(e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells.
(f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code.
(g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code.
(h) Any state or local law relating to the issuance of building permits.