BILL ANALYSIS
AB 370
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 370 (Eng) - As Amended: March 23, 2009
Policy Committee: Business and
Professions Vote: 11 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases the maximum penalties for unlicensed
contractor convictions and requires restitution to the victims
of unlicensed contractors. Specifically, this bill:
1)Increases the maximum fine for a first conviction from $1,000
to $5,000.
2)Increases the fine for a second conviction from the greater of
$4,000 or 20% of the contract price, to the greater of $5,000,
20% of the contract price, or 20% of the aggregate payments
made to the unlicensed contractor.
3)Changes the fine for a third or subsequent conviction from
between $4,500 and the greater of $10,000 or 20% of the
contract price, to between $5,000 and the greater of $10,000,
20% of the contract price, or 20% of the aggregate payments.
4)Requires a sentence to county jail of between 90 days and one
year for a third or subsequent conviction. (Current law
provides for a fine and/or imprisonment.)
5)Specifies that a person who utilized the services of an
unlicensed contractor is a victim of a crime, regardless of
whether or not the person had knowledge that the contractor
was unlicensed.
FISCAL EFFECT
Potential increase in fine revenue to local governments from
increased penalties and potential increase in non-reimbursable
AB 370
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costs for mandatory jail sentences upon a third or subsequent
conviction for operating without a contractor's license.
COMMENTS
1)Purpose . According to the author's office, contractor fraud,
most of which involves unlicensed contractors, consistently
ranks in the top 10 lists of consumer complaints nationally
and statewide. Despite the problems they cause, violators are
punished by up to six months in jail and a maximum fine of
$1,000 - regardless of how much money a victim paid that
unlicensed contractor. Although second-time offenders pay an
increased fine, the potential jail time is limited to six
months. Only a third-time violator is subject to up to one
year jail sentence."
This bill is sponsored by the Los Angeles City Attorney Rocky
Delgadillo, who states in part that AB 370 "is necessary
because the current criminal statutes do not clearly require
unlicensed contractors to disgorge the amounts paid to them,
despite the fact that civil law specifically mandates such
disgorgement. As a result, victims of unscrupulous unlicensed
contractors have often been denied restitution. Since many of
these victims do not have the means to pursue their loss
through the civil courts, the unlicensed contractors are the
beneficiaries of this serious flaw in the current criminal
statute."
2)Previous Legislation . AB 2412 (Eng) of 2008 was a
substantially similar bill that the Governor vetoed. The
Governor vetoed a large number of bills that year with the
same message that, due to the delay in passing the 2008-2009
State Budget, he would only sign bills that were "the highest
priority for California." AB 2412 was vetoed for this reason.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081