BILL ANALYSIS
AB 370
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 370 (Eng)
As Amended June 29, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 11, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: B. & P .
SUMMARY : Increases the maximum criminal penalties for
unlicensed contractors, imposes a mandatory jail sentence for a
third or subsequent conviction for unlicensed contracting, and
requires the court to order an unlicensed contractor to pay
restitution to its victims.
The Senate amendments make technical, clarifying changes to the
bill.
EXISTING LAW :
1)Creates the Contractors State License Board (CSLB) within the
Department of Consumer Affairs for the purposes of licensing
and regulating contractors in California.
2)Allows CSLB to bring disciplinary actions against a contractor
who willfully or deliberately violates building laws of the
state.
3)Makes it a misdemeanor for a person to engage in the business
or act in the capacity of a contractor without having a
license and makes a first offense punishable by imprisonment
in the county jail for no more than six months, or by a fine
not exceeding $1,000, or both.
4)Requires that a second conviction be punishable by both a fine
and imprisonment in the county jail for not less than 90 days,
except as specified. The fine must be the greater of 20% of
the price of the contract or $4,500.
5)Requires that a third or subsequent conviction be punishable
by a fine or imprisonment in the county jail for between 90
days and one year, or both. The fine must be no less than
AB 370
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$4,500 and no more than the greater of $10,000 or 20% of the
price of the contract.
AS PASSED BY THE ASSEMBLY , this bill is substantially similar to
the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0001960