BILL NUMBER: AB 2216 CHAPTERED 09/18/04 CHAPTER 586 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2004 APPROVED BY GOVERNOR SEPTEMBER 18, 2004 PASSED THE ASSEMBLY AUGUST 25, 2004 PASSED THE SENATE AUGUST 24, 2004 AMENDED IN SENATE AUGUST 19, 2004 AMENDED IN SENATE AUGUST 4, 2004 AMENDED IN ASSEMBLY APRIL 12, 2004 AMENDED IN ASSEMBLY MARCH 26, 2004 INTRODUCED BY Assembly Member Nakanishi FEBRUARY 18, 2004 An act to amend Section 7073 of, and to add Section 7069.1 to, the Business and Professions Code, and to amend, repeal, and add Section 802 of the Penal Code, relating to contractors. LEGISLATIVE COUNSEL'S DIGEST AB 2216, Nakanishi. Contractors. (1) Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board. Under existing law, the registrar of the Contractors' State License Board may deny an application for a license for specified reasons. This bill would require the board to inform an applicant who has been denied an application for licensure on the grounds that the applicant has committed a crime substantially related to the qualifications, functions, and duties of a contractor, of the earliest date on which the applicant may reapply for a license. (2) Under existing law, a license that has been revoked shall not be reinstated within a minimum period of one year and a maximum period of 5 years after the final decision of revocation. This bill would, for an applicant who has been denied licensure because the applicant has committed a crime substantially related to the qualifications, functions, and duties of a contractor, require the registrar to set the date on which those applicants may reapply at no more than 5 years after the effective date of the decision or service of notice. (3) Under existing law, unless otherwise specified, prosecution for a misdemeanor must be brought within a year after commission of the offense. The Contractors' State License Law specifies that for certain misdemeanor violations, prosecution shall be commenced within 4 years of the commission of the offense. This bill would require prosecution of misdemeanor violations of the Contractors' State License Law to be commenced within one, 2, 3, or 4 years of the commission of the offense, depending on the offense. The bill would, effective July 1, 2005, require specified violations relating to home improvement and service and repair contracts to be commenced within 2, 3, or 4 years of the commission of the offense, depending on whether the perpetrator is licensed, if SB 30 of the 2003-04 Regular Session is enacted and becomes effective on or before January 1, 2005. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7069.1 is added to the Business and Professions Code, to read: 7069.1. (a) Upon notification of an arrest of a member of the personnel of a licensee or a home improvement salesperson, the registrar, by first-class mail to the last official address of record, may require the arrestee to provide proof of the disposition of the matter. (b) The proof required by this section shall be satisfactory for carrying out the purposes of this chapter, and at the registrar's discretion may include, but is not limited to, certified court documents, certified court orders, or sentencing documents. Any proof required by this section shall be received by the registrar within 90 days of the date of the disposition, or within 90 days of the registrar's demand for information if that date is later. (c) Failure to comply with the provisions of this section constitutes cause for disciplinary action. SEC. 2. Section 7073 of the Business and Professions Code is amended to read: 7073. (a) The registrar may deny any application where the applicant has failed to comply with any rule or regulation adopted pursuant to this chapter or where there are grounds for denial under Section 480. Procedures for denial of an application shall be conducted in accordance with Section 485. (b) When the board has denied an application for a license on grounds that the applicant has committed a crime substantially related to qualifications, functions, or duties of a contractor, it shall, in its decision or in its notice under subdivision (b) of Section 485, inform the applicant of the earliest date on which the applicant may reapply for a license. The board shall develop criteria, similar to the criteria developed to evaluate rehabilitation, to establish the earliest date on which the applicant may reapply. The date set by the registrar shall not be more than five years from the effective date of the decision or service of notice under subdivision (b) of Section 485. (c) The board shall inform an applicant that all competent evidence of rehabilitation shall be considered upon reapplication. (d) Along with the decision or notice under subdivision (b) of Section 485, the board shall serve a copy of the criteria for rehabilitation formulated under Section 482. SEC. 3. Section 802 of the Penal Code is amended to read: 802. (a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense. (b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be commenced within three years after commission of the offense. (c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense. (d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows: (1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense. (2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense. (3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense. (4) With respect to Sections 7028 and 7159 (nonlicensee only) of the Business and Professions Code, within four years of the commission of the offense. (e) This section shall become inoperative on July 1, 2005, and as of January 1, 2006, is repealed if Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes effective on or before January 1, 2005. SEC. 4. Section 802 is added to the Penal Code, to read: 802. (a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense. (b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be commenced within three years after commission of the offense. (c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense. (d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows: (1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense. (2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only), 7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense. (3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense. (4) With respect to Sections 7028, 7159.5 (nonlicensee only) and 7159.14 (nonlicensee only), of the Business and Professions Code, within four years of the commission of the offense. (e) This section shall become operative on July 1, 2005, only if Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes effective on or before January 1, 2005.