California Legislature—2015–16 Regular Session

Assembly Bill No. 2286

Introduced by Assembly Member Mullin

February 18, 2016

An act to amend Sections 7137 and 7153.3 of, and to add Sections 7067 and 7153.5 to, the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2286, as introduced, Mullin. Contractors: home improvement salespersons.

Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors, including home improvement contractors, by the Contractors’ State License Board within the Department of Consumer Affairs. Existing law also provides for the registration and regulation of home improvement salespersons, who are employed by a licensed home improvement contractor, by the board.

Existing law requires the fees and civil penalties received under this law to be deposited in the Contractors’ License Fund, a continuously appropriated fund. Existing law authorizes the board to set fees by regulation and sets forth certain limitations on those fees. Existing law, in connection with a delinquent application for the renewal of registration of a home improvement salesperson, establishes a delinquent renewal penalty.

This bill would increase various fee limitations and would additionally provide that the application fee to add personnel to an existing license be no more than $150. The bill would also increase the delinquent renewal penalty described above. Because the increased and new fees would be deposited into the Contractors’ License Fund, a continuously appropriated fund, the bill would make an appropriation.

Existing law, on and after July 1, 2016, requires a board within the department to expedite, and authorizes the department to assist with, the initial licensure process for an applicant who supplied satisfactory evidence that he or she has served as an active duty member of the Armed Forces of the United States and was honorably discharged. Existing law also establishes a similar expedited licensure process for an applicant who holds a current license in another jurisdiction and has a specified relationship with such an active duty member who is assigned to a duty station in this state under official orders.

This bill would require the board to establish, by regulation, expedited processes for applications for licensure of contractors and registration of home improvement salespersons, including criteria for approval. The bill would exempt from these regulations an application that is required to be expedited pursuant to other law, including, but not limited to, the applications of those aforementioned applicants who have, among other things, served as an active duty member of the Armed Forces of the United States or have a specified relationship with such an active duty member.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 7067 is added to the Business and
Professions Code, to read:

7067.  

The board shall, by regulation, establish an expedited
process for applications for licensure, including criteria for
approval. Those regulations shall not apply to an application for
licensure that is required to be expedited pursuant to other law,
including, but not limited to, Section 115.4 or 115.5.

SEC. 2.  

Section 7137 of the Business and Professions Code is
amended to read:

7137.  

The board shall set fees by regulation. These fees shall
not exceed the following schedule:

(a)  begin insert (1) end insert begin insert   end insert The application fee for an original license in a single
classification shall not be more than three hundred begin insert sixty end insert dollars
begin delete ($300). end delete begin insert ($360). end insert

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert application fee for each additional classification applied
for in connection with an original license shall not be more than
seventy-five dollars ($75).

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert application fee for each additional classification pursuant
to Section 7059 shall not be more than begin delete seventy-five dollars ($75). end delete
begin insert three hundred dollars ($300). end insert

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert application fee to replace a responsible managing officer,
responsible managing manager, responsible managing member,
or responsible managing employee pursuant to Section 7068.2
shall not be more than begin delete seventy-five dollars ($75). end delete begin insert three hundred
dollars ($300). end insert

begin insert

(5) The application fee to add personnel, other than a qualifying
individual, to an existing license shall not be more than one
hundred fifty dollars ($150).

end insert

(b) The fee for rescheduling an examination for an applicant
who has applied for an original license, additional classification,
a change of responsible managing officer, responsible managing
manager, responsible managing member, or responsible managing
employee, or for an asbestos certification or hazardous substance
removal certification, shall not be more than sixty dollars ($60).

(c) The fee for scheduling or rescheduling an examination for
a licensee who is required to take the examination as a condition
of probation shall not be more than sixty dollars ($60).

(d) The initial license fee for an active or inactive license shall
not be more than begin delete one hundred eighty dollars ($180). end delete begin insert two hundred
twenty dollars ($220). end insert

(e)  begin insert (1) end insert begin insert   end insert The renewal fee for an active license shall not be more
than begin delete three hundred sixty dollars ($360). end delete begin insert four hundred thirty dollars
($430). end insert

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert renewal fee for an inactive license shall not be more
than begin delete one hundred eighty dollars ($180). end delete begin insert two hundred twenty dollars
($220). end insert

(f) The delinquency fee is an amount equal to 50 percent of the
renewal fee, if the license is renewed after its expiration.

(g) The registration fee for a home improvement salesperson
shall not be more than begin delete seventy-five dollars ($75). end delete begin insert ninety dollars
($90). end insert

(h) The renewal fee for a home improvement salesperson
registration shall not be more than begin delete seventy-five dollars ($75). end delete begin insert ninety
dollars ($90). end insert

(i) The application fee for an asbestos certification examination
shall not be more than begin delete seventy-five dollars ($75). end delete begin insert ninety dollars
($90). end insert

(j) The application fee for a hazardous substance removal or
remedial action certification examination shall not be more than
begin delete seventy-five dollars ($75). end delete begin insert ninety dollars ($90). end insert

(k) In addition to any other fees charged to C-10 and C-7
contractors, the board may charge a fee not to exceed twenty dollars
($20), which shall be used by the board to enforce provisions of
the Labor Code related to electrician certification.

SEC. 3.  

Section 7153.3 of the Business and Professions Code
is amended to read:

7153.3.  

(a) To renew a home improvement salesperson
registration, which has not expired, the registrant shall before the
time at which the registration would otherwise expire, apply for
renewal on a form prescribed by the registrar and pay a renewal
fee prescribed by this chapter. Renewal of an unexpired registration
shall continue the registration in effect for the two-year period
following the expiration date of the registration, when it shall
expire if it is not again renewed.

(b) An application for renewal of registration is delinquent if
the application is not postmarked or received via electronic
transmission as authorized by Section 7156.6 by the date on which
the registration would otherwise expire. A registration may,
however, still be renewed at any time within three years after its
expiration upon the filing of an application for renewal on a form
prescribed by the registrar and the payment of the renewal fee
prescribed by this chapter and a delinquent renewal penalty in begin delete the end delete
begin insert an end insert amount begin delete of twenty-five dollars ($25). end delete begin insert equal to 50 percent of the
renewal fee. end insert If a registration is not renewed within three years, the
person shall make a new application for registration pursuant to
Section 7153.1.

(c)  begin insert (1) end insert begin insert   end insert The registrar may refuse to renew a registration for
failure by the registrant to complete the application for renewal of
registration. If a registrant fails to return the application rejected
for insufficiency or incompleteness within 90 days from the
original date of rejection, the application and fee shall be deemed
abandoned. Any application abandoned may not be reinstated.
However, the person may file a new application for registration
pursuant to Section 7153.1.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert registrar may review and accept the petition of a person
who disputes the abandonment of his or her renewal application
upon a showing of good cause. This petition shall be received
within 90 days of the date the application for renewal is deemed
abandoned.

SEC. 4.  

Section 7153.5 is added to the Business and Professions
Code, to read:

7153.5.  

The board shall, by regulation, establish an expedited
process for applications for a registration, including criteria for
approval. Those regulations shall not apply to an application for
a registration that is required to be expedited pursuant to other law,
including, but not limited to, Section 115.4 or 115.5.