BILL NUMBER: SB 1209	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2016

INTRODUCED BY   Senator Morrell

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1209, as amended, Morrell. Contractors: discipline.
   Existing law, the Contractors' State License Law, provides for the
licensure and regulation of contractors by the Contractors' State
License Board. Existing law requires the board, with the approval of
the Director of Consumer Affairs, to appoint a registrar of
contractors to serve as the executive officer and secretary of the
board. Existing law requires an applicant for licensure to
qualify in regard to his or her experience depending on whether the
applicant is an individual or a business entity. For purposes of the
law, existing law defines "members of the personnel of record" as
every person listed in the records of the registrar as then
associated with a licensee.  Existing law requires the
registrar, among other things, to make available to the public the
date, nature, and disposition of all legal actions against a
licensee, except as specified. Existing law limits the disclosure of
citations to a specified time period.
   This bill would require that disclosure of citations also appear,
for the period of disclosure of the citation, on the license record
of any other license  that was issued, or was associated with
the license subject to the citation, on or after the date of the act
or omission that led to the citation and the other license includes
a member of the personnel of record who, at the time that the act or
omission occurred that led to the citation, was identified as a
qualifier of the license subject to the citation.  
identified as a qualifier who is listed in the members of the
personnel of record of the license that was issued the citation.

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


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 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) (A) Citations shall be disclosed from the date of issuance and
for five years after the date of compliance if no additional
disciplinary actions have been filed against the licensee during the
five-year period. If additional disciplinary actions were filed
against the licensee during the five-year period, all disciplinary
actions shall be disclosed for as long as the most recent
disciplinary action is subject to disclosure under this section. At
the end of the specified time period, those citations shall no longer
be disclosed. 
   (B) Any disclosure pursuant to this paragraph also shall appear on
the license record of any other license that meets both of the
following criteria:  
   (i) The other license was issued, or was associated with the
license subject to the citation, on or after the date of the act or
omission that led to the issuance of the citation.  

   (ii) The other license includes a member of the personnel of
record, as defined in Section 7025, who, at the time of the act or
omission that led to the issuance of the citation, was identified as
a qualifier, as defined in Section 7025, of the license subject to
the citation.  
   (B) Any disclosure pursuant to this paragraph shall also appear on
the license record of any other license identified as a qualifier as
defined in Section 7025 who is listed in the members of the
personnel of record as defined in Section 7025 of the license that
was issued the citation. 
   (C) The disclosure described in subparagraph (B) shall be for the
period of disclosure of the citation.
   (2) Accusations that result in suspension, stayed 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 if no additional disciplinary actions have been filed
against the licensee during the seven-year period. If additional
disciplinary actions were filed against the licensee during the
seven-year period, all disciplinary actions shall be posted for as
long as the most recent disciplinary action is subject to disclosure
under this section. At the end of the specified time period, those
accusations shall no longer be disclosed.
   (3) All revocations that are not stayed shall be disclosed
indefinitely from the effective date of the revocation.