BILL NUMBER: AB 880 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
INTRODUCED BY Assembly Member Niello
FEBRUARY 26, 2009
An act to amend Section 7027.3 of the Business and
Professions Code, relating to contractors. An act to
amend Section 7026.2 of the Business and Professions Code, and to add
Section 18007.5 to the Health and Safety Code, relating to
manufactured housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 880, as amended, Niello. Contractors: license fraud
penalty. Manufactured housing: prefabricated panelized
homes.
(1) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. Existing law specifies that a violation of
various provisions of the Contractors' State License Law is a
misdemeanor. Existing law includes in the definition of the term
"contractor" any person engaged in the business of the construction,
installation, alteration, repair, or preparation for moving of a
mobilehome or mobilehome accessory buildings and structures upon a
site for the purpose of occupancy.
This bill would, except as specified, include any person engaged
in the business of the construction, installation, alteration,
repair, or preparation for the moving of a prefabricated panelized
home in the definition of the term "contractor." By expanding the
definition of a crime, the bill would impose a state-mandated local
program.
(2) The Mobilehomes-Manufactured Housing Act of 1980 requires the
Department of Housing and Community Development to enforce various
laws pertaining to the structural, fire safety, plumbing,
heat-producing, or electrical systems and installations or equipment
of a manufactured home, mobilehome, special purpose commercial coach,
or commercial coach. The act defines several terms for its purposes.
This bill would define the term "prefabricated panelized home" for
purposes of the act.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law provides for the licensure and regulation of
contractors by the Contractor's State License Board within the
Department of Consumer Affairs, and specifies that contractor's
license fraud is punishable by a fine of up to $10,000, imprisonment,
as specified, or by both that fine and imprisonment.
This bill would raise the maximum fine to $15,000.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7026.2 of the
Business and Professions Code is amended to read:
7026.2. (a) For the purposes of this chapter, "contractor"
includes any person engaged in the business of the construction,
installation, alteration, repair, or preparation for moving of a
prefabricated panelized home, mobilehome , or
mobilehome accessory buildings and structures upon a site for the
purpose of occupancy as a dwelling.
(b) "Contractor" does not include the manufacturer of the
mobilehome or mobilehome accessory building or structure if it is
constructed at a place other than the site upon which it is installed
for the purpose of occupancy as a dwelling, and does not include the
manufacturer when the manufacturer is solely performing work in
compliance with the manufacturer's warranty. "Contractor" includes
the manufacturer if the manufacturer is engaged in onsite
construction, alteration, or repair of a mobilehome or mobilehome
accessory buildings and structures pursuant to specialized plans,
specifications, or models, or any work other than in compliance with
the manufacturer's warranty.
(c) "Contractor" does not include a seller of a manufactured home
or mobilehome who holds a retail manufactured home or mobilehome
dealer's license under Chapter 7 (commencing with Section 18045) of
Part 2 of Division 13 of the Health and Safety Code, if the
installation of the manufactured home or mobilehome is to be
performed by a licensed contractor and the seller certifies that fact
in writing to the buyer prior to the performance of the
installation. The certification shall include the name, business
address, and contractor's license number of the licensed contractor
by whom the installation will be performed.
(d) "Contractor" does not include a seller of a prefabricated
panelized home who holds a retail manufactured home or mobilehome
dealer's license under Chapter 7 (commencing with Section 18045) of
Part 2 of Division 13 of the Health and Safety Code, if the
installation of the prefabricated panelized home is to be performed
by a licensed contractor and the seller certifies that fact in
writing to the buyer prior to the performance of the installation.
The certification shall include the name, business address, and
contractor's license number of the licensed contractor by whom the
installation will be performed.
(d)
(e) For the purposes of this chapter, the following
terms have the following meanings:
(1) "Mobilehome" means a vehicle defined in Section 18008 of the
Health and Safety Code.
(2) "Mobilehome accessory building or structure" means a building
or structure defined in Section 18008.5 of the Health and Safety
Code.
(3) "Manufactured home" means a structure defined in Section 18007
of the Health and Safety Code.
(4) "Prefabricated panelized home" means a structure as defined in
Section 18007.5 of the Health and Safety Code.
SEC. 2. Section 18007.5 is added to the
Health and Safety Code , to read:
18007.5. (a) For purposes of this part, "prefabricated panelized
home" means a structure that meets all of the following requirements:
(1) Is transportable in one or more sections or panels, including
exterior siding.
(2) Is eight feet or more in width, or 40 feet or more in length.
(3) Is built to be permanently attached to a piece of real
property.
(4) Is designed to be used as a single-family dwelling with or
without a foundation when connected to the required utilities.
(b) "Prefabricated panelized home" includes, but is not limited
to, any structure that meets all of the requirements of subdivision
(a), with the exception of paragraph (2), and complies with the
standards established under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5041 et
seq.).
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 7027.3 of the Business and
Professions Code is amended to read:
7027.3. Any person, licensed or unlicensed, who willfully and
intentionally uses, with intent to defraud, a contractor's license
number that does not correspond to the number on a currently valid
contractor's license held by that person, is punishable by a fine not
exceeding fifteen thousand dollars ($15,000), or by imprisonment in
state prison, or in county jail for not more than one year, or by
both that fine and imprisonment. The penalty provided by this section
is cumulative to the penalties available under all other laws of
this state. If, upon investigation, the registrar has probable cause
to believe that an unlicensed individual is in violation of this
section, the registrar may issue a citation pursuant to Section
7028.7.