Contractors: failure to pay wages: discipline.
What changed between versions
A new Section 7036 was added that authorizes the Attorney General to bring civil actions to impose discipline upon, deny an application for, or deny continued maintenance of a contractor's license - broader than the original which only covered temporary suspension or permanent revocation of existing licenses.
The legislative intent statement directing future legislation to strengthen remedies against contractors who repeatedly commit labor violations was removed entirely.
A new good-faith exemption (subdivision f) provides that a good faith mistake regarding which wage rate applies to a particular category of work, including for prevailing wage purposes, shall not constitute a violation under the new section.
The court's relief mechanism was changed: instead of directly ordering suspension or bar, the court now directs the registrar to exercise its own authority to suspend, revoke, deny application, or deny continued maintenance. The court may also consider the severity and form of relief already imposed by the registrar in its disciplinary actions.
New cross-references establish that orders under the new section are considered 'disciplinary action' under Section 7071.8 and 'legal action' under Section 7124.6, and that the registrar determines reinstatement timing under Section 7102 (or Section 486(a) for denied licenses).
New language clarifies the board is not required to afford notice or a hearing under Government Code Chapter 5 (administrative procedure), and adds a reference to Section 7090 alongside Section 7011.7.
The bill now adds two separate code sections (7036 and 7110.6) rather than one, with the original provision preserved as Section 7110.6 and the new broader provision placed at Section 7036.
The fiscal committee designation changed from 'no' to 'yes,' indicating a state fiscal impact was identified in the Senate amendment.