BILL NUMBER: SB 135	CHAPTERED  10/04/01

	CHAPTER  494
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2001
	APPROVED BY GOVERNOR  OCTOBER 4, 2001
	PASSED THE SENATE  SEPTEMBER 6, 2001
	PASSED THE ASSEMBLY  AUGUST 31, 2001
	AMENDED IN ASSEMBLY  JULY 2, 2001
	AMENDED IN SENATE  MAY 2, 2001
	AMENDED IN SENATE  MARCH 26, 2001
	AMENDED IN SENATE  MARCH 12, 2001

INTRODUCED BY   Senator Figueroa
   (Coauthor:  Assembly Member Vargas)

                        JANUARY 29, 2001

   An act to amend, repeal, and add Section 7124.6 of the Business
and Professions Code, relating to contractors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 135, Figueroa.  Contractors.
   Existing law, the Contractors' State Licensing Law, requires the
registrar to make available to the public the nature and disposition
of all complaints on file against a licensee that have been referred
for legal action.  Existing law prohibits the disclosure of
complaints that have been resolved in favor of the contractor.
   This bill would require on July 1, 2002, the registrar to make
available to the public the date, nature, and status of all
complaints on file that have been referred for an accusation or an
investigation due to a probable violation that, if proven, would be
appropriate for suspension or revocation of the contractor's license
or criminal prosecution.  The bill would require the board to adopt a
disclaimer that would accompany the disclosure of a complaint.  The
bill would require the registrar to disclose on July 1, 2002, or a
later date, the date, nature, and disposition of all legal actions
except as specified.


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


  SECTION 1.  Section 7124.6 of the Business and Professions Code is
amended to read:
   7124.6.  (a) The registrar shall make available to members of the
public the nature and disposition of all complaints on file against a
licensee that have been referred for legal action.
   (b) Any complaints resolved in favor of the contractor shall not
be subject to disclosure under subdivision (a).
   (c) This section shall become inoperative on July, 2002, and, as
of January 1, 2003, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2003, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 7124.6 is added to the Business and Professions
Code, to read:
   7124.6.  (a) The registrar shall make available to members of the
public the date, nature, and status of all complaints on file against
a licensee that do either of the following:
   (1) Have been referred for accusation.
   (2) Have been referred for investigation after a determination by
board enforcement staff that a probable violation has occurred, and
have been reviewed by a supervisor, and regard allegations that if
proven would present a risk of harm to the public and would be
appropriate for suspension or revocation of the contractor's license
or criminal prosecution.
   (b) The board shall create a disclaimer that shall accompany the
disclosure of a complaint that shall state that the complaint is an
allegation.  The disclaimer may also contain any other information
the board determines would be relevant to a person evaluating the
complaint.
   (c) A complaint resolved in favor of the contractor shall not be
subject to disclosure.
   (d) Except as described in subdivision (e), the registrar shall
make available to members of the public the date, nature, and
disposition of all legal actions.
   (e) Disclosure of legal actions shall be limited as follows:
   (1) Citations shall be disclosed from the date of issuance and for
five years after the date of compliance, counting only the time the
contractor's license is active.
   (2) Accusations that result in suspension or stayed revocation of
the contractor's license shall be disclosed from the date the
accusation is filed and for seven years after the accusation has been
settled, including the terms and conditions of probation, counting
only the time the contractor's license is active.
   (3) All revocations that are not stayed shall be disclosed
indefinitely from the effective date of the revocation.
   (f) Subdivisions (a), (b), and (c) shall become operative on July
1, 2002.  Subdivisions (d) and (e) shall become operative on July 1,
2002, or as soon thereafter as administratively feasible, as
determined by the registrar, but not later than January 2, 2003.