BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 261
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                SB 261 (Monning) - As Introduced:  February 13, 2013 

          Policy Committee:                              Business and  
          Professions  Vote:                            12 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the Contractors' State License Board (CSLB)  
          to take administrative action against any licensed or unlicensed  
          person for the improper use of a contractor's license. 

           FISCAL EFFECT  

          There are no significant costs associated with this legislation.  


           COMMENTS  

           1)Purpose  . Currently, CSLB only has administrative authority to  
            enforce the Contractors' Law (commencing with Business and  
            Professions Code (BPC) 7000).  This bill expands CSLB's  
            administrative authority to include additional instances when  
            a licensed or unlicensed contractor has improperly or  
            fraudulently used a contractor's license, as specified in BPC  
            119.  

            According to the author, individuals who commit BPC 119  
            violations represent a risk to the public and legitimate  
            licensees.  Under existing law, the CSLB does not have  
            administrative authority to impose discipline upon licensed or  
            unlicensed persons for those specific violations. 

           2)Business and Professions Code 119  specifies that improper use  
            of a Department of Consumer Affairs issued license is a  
            misdemeanor when an individual: 

             a)   Displays, permits to be displayed or has in his or her  








                                                                  SB 261
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               possession, a cancelled, revoked, suspended or fraudulently  
               altered license, or a fictitious license or document  
               simulating a license.

             b)   Lends or knowingly permits his or her license to be used  
               by another. 

             c)   Displays or represents any license not issued to him or  
               her as being his or her license.

             d)   Fails or refuses to surrender to the issuing board or  
               bureau upon a lawful written demand any license,  
               registration, permit, or certificate which has been  
               suspended, revoked, or canceled.

             e)   Knowingly permits any unlawful use of a license. 

             f)   Photographs, copies, duplicates, manufactures, or in any  
               way reproduces a license in a manner that it could be  
               mistaken for a valid license, or displays or has in their  
               possession a photograph, copy, duplicate, reproduction, or  
               facsimile unless authorized by the BPC.  

             g)   Knowingly buys or receives a fraudulent, forged, or  
               counterfeit license.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081