BILL NUMBER: SB 364	CHAPTERED
	BILL TEXT

	CHAPTER  789
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2003
	APPROVED BY GOVERNOR  OCTOBER 10, 2003
	PASSED THE SENATE  SEPTEMBER 12, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 11, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 9, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2003
	AMENDED IN ASSEMBLY  JUNE 19, 2003
	AMENDED IN SENATE  APRIL 21, 2003

INTRODUCED BY   Senator Figueroa
   (Principal coauthor:  Senator Karnette)

                        FEBRUARY 19, 2003

   An act to amend Sections 144, 473.1, 473.2, 473.3, 2001, 2020,
2099.5, 2153.5, 2220.1, 2531, 3010.1, 3014.6, 6732, 6732.3,  6732.4,
and 7153.1 of, and to add Chapter 2 (commencing with Section 474) to,
and to add a chapter heading to, Division 1.2 of, the Business and
Professions Code, to amend Section 94990 of, and to add Sections
94779.1, 94779.3, and 94779.4 to, the Education Code, to amend
Section 9148.8 of, to add Article 8.5 (commencing with Section
9148.50) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of, and to
repeal Section 9148.10 of, the Government Code, and to amend Section
1095 of the Unemployment Insurance Code, relating to professions and
vocations.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 364, Figueroa.  Licensing boards.
   (1) Existing law requires specified boards, commissions, and
bureaus in the Department of Consumer Affairs to obtain fingerprint
cards from applicants applying for licensure so that they may obtain
and receive, at their discretion, criminal history information on the
applicant from the Department of Justice and the United States
Federal Bureau of Investigation.  Effective January 1, 2004, existing
law also requires that an applicant for registration as a home
improvement salesperson furnish a full set of fingerprints to the
Contractors' State License Board.
   This bill would add the Contractors' State License Board, the
Structural Pest Control Board, and the Bureau of Naturopathic
Medicine to this list.  The bill would also delay until July 1, 2004,
the requirement that an applicant for registration as a home
improvement salesperson furnish a full set of fingerprints to the
Contractors' State License Board.
   (2) Existing law establishes the Joint Sunset Review Committee and
requires the committee to hold public hearings and evaluate whether
a board or regulatory program has demonstrated a need for its
continued existence.
   This bill would, commencing in 2003 and every 4 years thereafter,
require the committee to hold a hearing and receive testimony from
the Director of the Department of Consumer Affairs and the Bureau of
Automotive Repair concerning the continued public need of continuing
the regulatory program of the bureau.
   (3) Existing law provides for the operational review by the Joint
Legislative Budget Committee of certain state boards whose members
are appointed by the Governor or the Legislature.
   This bill would repeal those provisions and would, instead,
provide for a review of these boards by the Joint Legislative Sunset
Review Committee in a similar manner as that committee currently
reviews boards and commissions in the Department of Consumer Affairs.
  The bill would require the affected boards and entities to prepare
and submit an analysis and report to the Joint Legislative Sunset
Review Committee not later than 22 months before the board is
scheduled to be reviewed.
   (4) Existing law provides that the Committee on Rules of either
house may direct the Joint Legislative Budget Committee to evaluate
the creation of a new state board.
   This bill would transfer these duties and responsibilities to the
Joint Legislative Sunset Review Committee.
   (5) Existing law, the Medical Practice Act, creates the Medical
Board of California within the Department of Consumer Affairs.
Existing law authorizes the board to employ an executive director.
Existing law requires the executive director to appoint a Medical
Board of California Enforcement Program Monitor who is required to
submit specified reports to the board, the department, and to the
Legislature.  Under existing law, the act's provision creating the
board and authorizing it to employ individuals becomes inoperative on
July 1, 2005, and are repealed on January 1, 2006.
   This bill would extend the dates on which the provisions creating
the board and authorizing board employees become inoperative and are
repealed to July 1, 2006, and January 1, 2007, respectively.  The
bill would change the reporting dates for the program monitor to
submit reports.
   (6) Existing law, the Osteopathic Act, establishes the Osteopathic
Medical Board of California.  Under existing law, the board is
authorized to issue an originating or reciprocal osteopathic
physician and surgeon's certificate to an applicant who satisfies
specified criteria, including successfully completing an oral,
clinical, and practical examination administered by the board.
   This bill would delete the requirement to complete an oral,
clinical, and practical examination as a prerequisite for these types
of licensure.
   (7) Existing law, the Speech-Language Pathologists and
Audiologists Licensure Act, provides for the licensure of
speech-language pathologists by the Speech-Language Pathology and
Audiology Board.  Under existing law, the board becomes inoperative
on July 1, 2005.
   This bill would extend this board to July 1, 2006.
   (8) Existing law, the Professional Engineers Act, provides for
licensing and regulation of professional engineers and land surveyors
by the Board for Professional Engineers and Land Surveyors.  The act
prohibits any person other than a licensed professional engineer
from using the title "professional engineer" and certain other
similar titles, including the branch titles "corrosion engineer,"
"manufacturing engineer," "quality engineer," and "safety engineer."
   This bill would delete the title "manufacturing engineer" from the
list of prohibited titles.  The bill would authorize persons
registered in this branch or completing the examination process for
this branch prior to January 1, 2004, to continue to use this branch
title.  The bill would prohibit the board from administering any
examination for this branch title on or after January 1, 2004.
   (9) Existing law authorizes the Director of the Employment
Development Department to permit the use of information in his or her
possession for specified purposes.
   This bill would additionally authorize the director to release
information to the Division of Investigations in the Department of
Consumer Affairs to verify the employment history of an individual
for investigative purposes concerning a crime or unlawful act.
   (10) Existing law establishes the Bureau for Private Postsecondary
and Vocational Education in the Department of Consumer Affairs to
administer and enforce specified provisions concerning private
postsecondary and vocational educational institutions.
   This bill would require the bureau to work together with the staff
of the Joint Legislative Sunset Review Committee and other specified
entities to streamline its provisions regarding private
postsecondary and vocational educational institutions and to
determine what changes are advisable to improve the effectiveness of
the state's regulation of private postsecondary and vocational
education.  The bill would require the bureau to expand its outreach
program for current and prospective students, including high school
students, on how best to select schools, how to enter into contracts
and student enrollment agreements, as specified, and how to best
protect themselves in the postsecondary and vocational education
marketplace.  The bill would require the bureau to report to the
Director of Consumer Affairs and the Joint Legislative Sunset Review
Committee by October 1, 2004, on, among other things, the costs of
meeting its statutory obligations, the staffing necessary to meet
these obligations, and whether the current fee structure allows for
collection of revenue sufficient to support necessary staffing.  The
bill would require the bureau to report to the Legislature, by
October 1, 2003, on its progress regarding corrective actions taken
to resolve audit deficiencies found in specified audits.  The bill
would make other related changes.
   (11) Existing law provides for the licensing and regulation of the
practice of optometry by the State Board of Optometry and authorizes
the board to employ an executive officer.  The board and the
executive officer will be terminated on July 1, 2005.
   This bill would extend the termination date of the board and the
executive officer to January 1, 2007.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 144 of the Business and Professions Code is
amended to read:
   144.  (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks.  Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
   (b) Subdivision (a) applies to the following boards or committees:

   (1) California Board of Accountancy.
   (2) State Athletic Commission.
   (3) Board of Behavioral Sciences.
   (4) Court Reporters Board of California.
   (5) State Board of Guide Dogs for the Blind.
   (6) California State Board of Pharmacy.
   (7) Board of Registered Nursing.
   (8) Veterinary Medical Board.
   (9) Registered Veterinary Technician Committee.
   (10) Board of Vocational Nursing and Psychiatric Technicians.
   (11) Respiratory Care Board of California.
   (12) Hearing Aid Dispensers Advisory Commission.
   (13) Physical Therapy Board of California.
   (14) Physician Assistant Committee of the Medical Board of
California.
   (15) Speech-Language Pathology and Audiology Board.
   (16) Medical Board of California.
   (17) State Board of Optometry.
   (18) Acupuncture Board.
   (19) Cemetery and Funeral  Bureau.
   (20) Bureau of Security and Investigative Services.
   (21) Division of Investigation.
   (22) Board of Psychology.
   (23) The California Board of Occupational Therapy.
   (24) Structural Pest Control Board.
   (25) Contractors' State License Board.
   (26) Bureau of Naturopathic Medicine.
   (c) The provisions of paragraphs (24) and (25) of subdivision (b)
shall become operative on July 1, 2004.
  SEC. 2.  A chapter heading is added to Division 1.2 of the Business
and Professions Code, immediately preceding Section 473, to read:

      CHAPTER 1.  REVIEW OF BOARDS UNDER THE DEPARTMENT OF CONSUMER
AFFAIRS

  SEC. 3.  Section 473.1 of the Business and Professions Code is
amended to read:
   473.1.  This chapter shall apply to all of the following:
   (a) Every board, as defined in Section 22, that is scheduled to
become inoperative and to be repealed on a specified date as provided
by the specific act relating to the board.
   (b) The Bureau for Postsecondary and Vocational Education.  For
purposes of this chapter, "board" includes the bureau.
   (c) The Cemetery and Funeral Bureau.
  SEC. 4.  Section 473.2 of the Business and Professions Code is
amended to read:
   473.2.  All boards to which this chapter applies shall, with the
assistance of the Department of Consumer Affairs, prepare an analysis
and submit a report to the Joint Legislative Sunset Review Committee
no later than 22 months before that board shall become inoperative.
The analysis and report shall include, at a minimum, all of the
following:
   (a) A comprehensive statement of the board's mission, goals,
objectives and legal jurisdiction in protecting the health, safety,
and welfare of the public.
   (b) The board's enforcement priorities, complaint and enforcement
data, budget expenditures with average- and median-costs per case,
and case aging data specific to post and preaccusation cases at the
Attorney General's office.
   (c) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
   (d) The board's description of its licensing process including the
time and costs required to implement and administer its licensing
examination, ownership of the license examination, relevancy and
validity of the licensing examination, and passage rate and areas of
examination.
   (e) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.
  SEC. 5.  Section 473.3 of the Business and Professions Code is
amended to read:
   473.3.  (a) Prior to the termination, continuation, or
reestablishment of any board or any of the board's functions, the
Joint Legislative Sunset Review Committee shall, during the interim
recess preceding the date upon which a board becomes inoperative,
hold public hearings to receive testimony from the Director of
Consumer Affairs, the board involved, and the public and regulated
industry.  In that hearing, each board shall have the burden of
demonstrating a compelling public need for the continued existence of
the board or regulatory program, and that its licensing function is
the least restrictive regulation consistent with the public health,
safety, and welfare.
   (b) In addition to subdivision (a), in 2002 and every four years
thereafter, the committee, in cooperation with the California
Postsecondary Education Commission, shall hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions.  In those hearings, the bureau shall
have the burden of demonstrating a compelling public need for the
continued existence of the bureau and its regulatory program, and
that its function is the least restrictive regulation consistent with
the public health, safety, and welfare.
   (c) The committee, in cooperation with the California
Postsecondary Education Commission, shall evaluate and review the
effectiveness and efficiency of the Bureau for Private Postsecondary
and Vocational Education, based on factors and minimum standards of
performance that are specified in Section 473.4.  The committee shall
report its findings and recommendations as specified in Section
473.5.  The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.
   (d) In addition to subdivision (a), in 2003 and every four years
thereafter, the committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the Bureau of
Automotive Repair.  In those hearings, the bureau shall have the
burden of demonstrating a compelling public need for the continued
existence of the bureau and its regulatory program, and that its
function is the least restrictive regulation consistent with the
public health, safety, and welfare.
   (e) The committee shall evaluate and review the effectiveness and
efficiency of the Bureau of Automotive Repair based on factors and
minimum standards of performance that are specified in Section 473.4.
  The committee shall report its findings and recommendations as
specified in Section 473.5. The bureau shall prepare an analysis and
submit a report to the committee as specified in Section 473.2.
  SEC. 6.  Chapter 2 (commencing with Section 474) is added to
Division 1.2 of the Business and Professions Code, to read:

      CHAPTER 2.  REVIEW OF OTHER STATE BOARDS

   474.  The Joint Legislative Sunset Review Committee established
pursuant to Section 473 shall review all state boards as defined in
Section 9148.2 of the Government Code, other than boards subject to
review pursuant to Chapter 1 (commencing with Section 473), every
four years or over another time period as determined by the
committee.
   474.1.  Prior to recommending the termination, continuation, or
reestablishment of any board or any of the state board's functions,
the Joint Legislative Sunset Review Committee shall hold public
hearings to receive testimony from the board involved and the public.
  In that hearing, each board shall have the burden of demonstrating
a compelling public need for the continued existence of the board.
   474.2.  All state boards to which this chapter applies shall
prepare an analysis and submit a report to the Joint Legislative
Sunset Review Committee not later than 22 months before that state
board is scheduled to be reviewed by the committee.  The analysis and
report shall include, at a minimum, all of the following:
   (a) A comprehensive statement of the state board's mission, goals,
objectives, and legal jurisdiction in protecting the health, safety,
and welfare of the public.
   (b) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
   (c) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.
   (d) A complete cost-benefit analysis of the board's operation for
each of the four years preceding the date of the report or over a
time period specified by the committee.
   474.3.  (a) The Joint Legislative Sunset Review Committee shall
evaluate and determine whether a state board as defined in Section
9148.2 of the Government Code, other than a board, subject to review
pursuant to Chapter 1 (commencing with Section 473), has demonstrated
a public need for its continued existence based on, but not limited
to, the following factors and minimum standards of performance:
   (1) Whether the board is necessary to protect the public health,
safety, and welfare.
   (2) Whether the basis or facts that necessitated the initial
creation of the state board have changed.
   (3) If the state board is necessary, whether existing statutes and
regulations establish the most effective regulation consistent with
the public interest, considering other available regulatory
mechanisms, and whether the board rules enhance the public interest
and are within the scope of legislative intent.
   (4) Whether the state board operates and enforces its
responsibilities in the public interest and whether its mission is
impeded or enhanced by existing statutes, regulations, policies,
practices, or any other circumstances, including budgetary, resource,
and personnel matters.
   (5) Whether an analysis of the state board indicates that it
performs its statutory duties efficiently and effectively.
   (6) Whether the composition of the state board adequately
represents the public interest and whether it encourages public
participation in its decisions rather than participation only by the
entities it regulates or advises.
   (7) Whether the state board and its laws or regulations stimulate
or restrict competition, and the extent of the economic impact the
board's regulatory practices have on the state's business and
technological growth.
   (8) Whether administrative and statutory changes are necessary to
improve the state board operations to enhance the public interest.
   (b) The Joint Legislative Sunset Review Committee shall consider
the appropriateness of eliminating and consolidating responsibilities
between state boards.
   (c) Nothing in this section precludes any state board or, if
requested by the Joint Legislative Sunset Review Committee, the
Legislative Analyst's Office, from submitting other appropriate
information to the Joint Legislative Sunset Review Committee.
   474.4.  The Joint Legislative Sunset Review Committee shall meet
to vote on final recommendations.  A final report shall be completed
by the committee and made available to the public and the
Legislature.  The report shall include final recommendations of the
committee and whether each board or function shall be terminated, or
continued, and whether its functions should be revised or
consolidated with those of other state boards.  If the committee
deems it advisable, the report may include proposed bills to carry
out its recommendations.
  SEC. 7.  Section 2001 of the Business and Professions Code is
amended to read:
   2001.  There is in the Department of Consumer Affairs a Medical
Board of California that consists of 21 members, nine of whom shall
be public members.
   The Governor shall appoint 19 members to the board, subject to
confirmation by the Senate, seven of whom shall be public members.
The Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member, and their initial appointment shall be made
to fill, respectively, the first and second public member vacancies
that occur on or after January 1, 1983.
  This section shall become inoperative on July 1, 2006, and, as of
January 1, 2007, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2007, deletes or extends
the dates on which it becomes inoperative and is repealed.  The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 8.  Section 2020 of the Business and Professions Code is
amended to read:
   2020.  The board may employ an executive director exempt from the
provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry into effect this
chapter.  The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
   The Attorney General shall act as legal counsel for the board for
any judicial and administrative proceedings and his or her services
shall be a charge against it.
  This section shall become inoperative on July 1, 2006, and, as of
January 1, 2007, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2007, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 9.  Section 2099.5 of the Business and Professions Code is
amended to read:
   2099.5.  Notwithstanding any other provision of law, an
originating license for an osteopathic physician's and surgeon's
certificate issued by the Osteopathic Medical Board of California
shall require a written examination that is either prepared or
selected by the Osteopathic Medical Board of California.  The written
examination shall include osteopathic principles and practices and
all applicable provisions of Article 4 (commencing with Section
2080).  An applicant shall successfully complete the written
examination, as determined by the board.
  SEC. 10.  Section 2153.5 of the Business and Professions Code is
amended to read:
   2153.5.  Notwithstanding any other provisions of law, the
Osteopathic Medical Board of California shall issue an osteopathic
physician's and surgeon's certificate on reciprocity to an applicant
providing he or she meets the following requirements:
   (a) The applicant holds an unlimited license to engage in the
practice of osteopathic medicine in another state whose written
licensing examination is recognized and approved by the board to be
equivalent in content to that administered in California.  For the
purposes of this section, the board may recognize and approve as
equivalent, along with other examinations, an examination prepared by
the Federation of State Medical Boards if an applicant had been
licensed in another state as a result of the successful completion,
prior to December 31, 1993, of that examination.  In lieu of a board
recognized and approved state written license examination, the board
may require the applicant to successfully complete a special
examination in general medicine and osteopathic principles prepared
by the National Board of Osteopathic Medical Examiners, or the
Osteopathic Medical Board of California.  The board may also utilize
a special purpose examination prepared by the Federation of State
Medical Boards.
   (b) The board determines that no disciplinary action has been
taken against the applicant by any medical licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of medicine  that the board
determines constitutes evidence of a pattern of negligence or
incompetence.
  SEC. 11.  Section 2220.1 of the Business and Professions Code is
amended to read:
   2220.1.  (a) (1) The director shall appoint a Medical Board of
California Enforcement Program Monitor prior to March 31, 2003.  The
director may retain a person for this position by a personal services
contract, the Legislature finding, pursuant to Section 19130 of the
Government Code, that this is a new state function.
   (2) The director shall supervise the enforcement program monitor
and may terminate or dismiss him or her from this position.
   (b) The director shall advertise the availability of this
position.  The requirements for this position include experience in
conducting investigations and familiarity with state laws, rules, and
procedures pertaining to the board and with relevant administrative
procedures.
   (c) (1) The enforcement program monitor shall monitor and evaluate
the disciplinary system and procedures of the board, making as his
or her highest priority the reform and reengineering of the board's
enforcement program and operations and the improvement of the overall
efficiency of the board's disciplinary system.
   (2) This monitoring duty shall be performed on a continuing basis
for a period not exceeding two years from the date of the enforcement
program monitor's appointment and shall include, but not be limited
to, improving the quality and consistency of complaint processing and
investigation, reducing the timeframes for completing complaint
processing and investigation, reducing any complaint backlog,
assessing the relative value to the board of various sources of
complaints or information available to the board about licensees in
identifying licensees who practice substandard care causing serious
patient harm, assuring consistency in the application of sanctions or
discipline imposed on licensees, and shall include the following
areas:  the accurate and consistent implementation of the laws and
rules affecting discipline, appropriate application of investigation
and prosecution priorities, particularly with respect to priority
cases, as defined in Section 2220.05, board and Attorney General
staff, defense bar, licensee, and patients' concerns regarding
disciplinary matters or procedures, and the board's cooperation with
other governmental entities charged with enforcing related laws and
regulations regarding physicians and surgeons.  The enforcement
program monitor shall also evaluate the method used by investigators
in the regional offices for selecting experts to review cases to
determine if the experts are selected on an impartial basis and to
recommend methods of improving the selection process.  The
enforcement program monitor shall also evaluate the effectiveness and
efficiency of the board's diversion program and make recommendations
regarding the continuation of the program and any changes or reforms
required to assure that physicians and surgeons participating in the
program are appropriately monitored and the public is protected from
physicians and surgeons who are impaired due to alcohol or drug
abuse or mental or physical illness.
   (3) The enforcement program monitor shall exercise no authority
over the board's discipline operations or staff; however, the board
and its staff shall cooperate with him or her, and the board shall
provide data, information, and case files as requested by the
enforcement program monitor to perform all of his or her duties.
   (4) The director shall assist the enforcement program monitor in
the performance of his or her duties, and the enforcement program
monitor shall have the same investigative authority as the director.

   (d) The enforcement program monitor shall submit an initial
written report of his or her findings and conclusions to the board,
the department, and the Legislature no later than September 1, 2004,
and be available to make oral reports if requested to do so.  The
initial report shall include an analysis of the sources of
information that resulted in each disciplinary action imposed since
January 1, 2003, involving priority cases, as defined in Section
2220.05.  The enforcement program monitor may also provide additional
information to either the department or the Legislature at his or
her discretion or at the request of either the department or the
Legislature.  The enforcement program monitor shall make his or her
reports available to the public or the media.  The enforcement
program monitor shall make every effort to provide the board with an
opportunity to reply to any facts, findings, issues, or conclusions
in his or her reports with which the board may disagree.
   (e) The board shall reimburse the department for all of the costs
associated with the employment of an enforcement program monitor.
   (f) The enforcement program monitor shall issue a final report
prior to September 1, 2005.  The final report shall include final
findings and conclusions on the topics addressed in the initial
report submitted by the monitor pursuant to subdivision (d).
   (g) This section shall become inoperative on January 1, 2006, and
as of January 1, 2006, shall be repealed, unless a later enacted
statute, which is enacted before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 12.  Section 2531 of the Business and Professions Code is
amended to read:
   2531.  There is in the Department of Consumer Affairs a
Speech-Language Pathology and Audiology Board in which the
enforcement and administration of this chapter is vested.  The
Speech-Language Pathology and Audiology Board shall consist of nine
members, three of whom shall be public members.
   This section shall become inoperative on July 1, 2006, and, as of
January 1, 2007, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2007, deletes or extends
the inoperative and repeal dates.
  SEC. 13.  Section 3010.1 of the Business and Professions Code is
amended to read:
   3010.1.  (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested.  The board consists of 11 members, five of whom shall be
public members.
   Six members of the board shall constitute a quorum.
   (b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010.  The board may enforce any disciplinary actions
undertaken by that board.
  (c) This section shall remain in effect only until July 1, 2006,
and, as of January 1, 2007, is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 14.  Section 3014.6 of the Business and Professions Code is
amended to read:
   3014.6.  (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
  (b) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute, that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 15.  Section 6732 of the Business and Professions Code is
amended to read:
   6732.  It is unlawful for anyone other than a professional
engineer licensed under this chapter to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal or
stamp of a professional engineer, or in any manner, use the title
"professional engineer," "licensed engineer," "registered engineer,"
or "consulting engineer," or any of the following branch titles:
"agricultural engineer," "chemical engineer," "civil engineer,"
"control system engineer," "electrical engineer," "fire protection
engineer," "industrial engineer," "mechanical engineer,"
"metallurgical engineer," "nuclear engineer," "petroleum engineer,"
or "traffic engineer," or any combination of these words and phrases
or abbreviations thereof unless licensed under this chapter.
  SEC. 16.  Section 6732.3 of the Business and Professions Code is
amended to read:
   6732.3.  (a) Any person who has received from the board a
registration or license in corrosion, manufacturing, quality, or
safety engineering, and who holds a valid registration or license to
practice professional engineering under this chapter, may continue to
use the branch title of the branch in which the professional
engineer is legally registered.  A person holding a registration in
corrosion, manufacturing, quality, or safety engineering is subject
to the registration or license renewal provisions of this chapter.
   (b) The professional engineer also may continue to use the title
of "professional engineer," "licensed engineer," "registered
engineer," or "consulting engineer."
  SEC. 17.  Section 6732.4 of the Business and Professions Code is
amended to read:
   6732.4.  (a) Notwithstanding any other provision of law, any
person who has applied for registration as a corrosion, quality, or
safety engineer, and who has completed the written examination in one
or more of these branch titles prior to January 1, 1999, shall be
issued a registration in the branch title for which the applicant was
examined, provided that he or she has met all other qualifications
for registration.  The board shall not administer any examination for
registration as a corrosion, quality, or safety engineer on or after
January 1, 1999.
   (b) Notwithstanding any other provision of law, any person who has
applied for registration as a manufacturing engineer, and who has
completed the written examination for this branch title prior to
January 1, 2004, shall be issued a registration as a manufacturing
engineer, provided that he or she has met all other qualifications
for registration.  The board shall not administer any examination for
registration as a manufacturing engineer on or after January 1,
2004.
  SEC. 18.  Section 7153.1 of the Business and Professions Code is
amended to read:
   7153.1.  (a) The home improvement  salesperson shall submit to the
registrar an application in writing containing the statement that he
or she desires the issuance of a registration under the terms of
this article.
   The application shall be made on a form prescribed by the
registrar and shall be accompanied by the fee fixed by this chapter.

   (b) The registrar may refuse to register the applicant under the
grounds specified in Section 480.
   (c) As part of an application for a home improvement salesperson,
the board shall require an applicant to furnish a full set of
fingerprints for purposes of conducting
               criminal history record checks.  Fingerprints
furnished pursuant to this subdivision shall be submitted in an
electronic format where readily available.  Requests for alternative
methods of furnishing fingerprints are subject to the approval of the
registrar.  The board shall use the fingerprints furnished by an
applicant to obtain criminal history information on the applicant
from the Department of Justice and the United States Federal Bureau
of Investigation, including any subsequent arrest information
available.  This subdivision shall become operative on July 1, 2004.

  SEC. 19.  Section 94779.1 is added to the Education Code, to read:

   94779.1.  (a) The bureau shall work together with the staff of the
Joint Legislative Sunset Review Committee, along with
representatives of regulated institutions, the California
Postsecondary Education Commission, the California Student Aid
Commission, students, and other interested parties to revise this
chapter to streamline its provisions and eliminate contradictions,
redundancies, ambiguities, conflicting provisions, and unnecessary
provisions, including consideration of having accreditation by the
United States Department of Education approved regional accrediting
bodies replace some of the bureau's approval requirements of
degree-granting institutions, educational programs, and instructors.
In addition, the bureau, in conjunction with these various entities,
shall evaluate the provisions of this chapter to determine what
additional changes are advisable to improve the effectiveness of the
state's regulation of private postsecondary and vocational education,
including, but not limited to, the need to regulate out-of-state
postsecondary institutions that offer educational programs to
California students via the Internet and the feasibility of that
regulation, and the type and timeliness of information required to be
provided to the bureau.
   (b) The bureau shall objectively assess the cost of meeting its
statutory obligations, determine the staffing necessary to meet those
obligations, determine whether the current fee structure allows for
collection of revenue sufficient to support the necessary staffing,
and report that information to the Director of Consumer Affairs and
the Joint Legislative Sunset Review Committee by October 1, 2004.
   (c) The bureau shall continue to make additional improvements to
its data collection and dissemination systems so that it will provide
improved reporting of information regarding the private
postsecondary and vocational education sector, and improved
monitoring of reports, initial and renewal applications, complaint
and enforcement records, and collection of fees among other
information necessary to serve the bureau's wide-ranging data
management needs effectively.
  SEC. 20.  Section 94779.3 is added to the Education Code, to read:

   94779.3.  (a) The bureau shall establish an expanded outreach
program for prospective and current private postsecondary and
vocational education students and high school students, to provide
them with information on how best to select postsecondary or
vocational schools, how to enter into contracts and student
enrollment agreements, how to protect themselves in the postsecondary
and vocational education marketplace, and how to contact the bureau
for assistance if problems arise.
   (b) Notwithstanding subdivision (a), the bureau may not establish
an expanded outreach program pursuant to that subdivision until the
occurrence of the following events:
   (1) The bureau reports to the Director of Consumer Affairs and to
the Joint Legislative Sunset Review Committee on its fee structure
and revenues pursuant to subdivision (b) of Section 94779.1.
   (2) The Director of Consumer Affairs makes findings after
submittal of that report that the bureau has sufficient revenues to
meet its current obligations and that the cost of an outreach program
will not further jeopardize the bureau's ability to meet those
obligations.
   (3) The director reports those findings to the committee.
  SEC. 21.  Section 94779.4 is added to the Education Code, to read:

   94779.4.  The bureau shall report to the Legislature, no later
than October 1, 2003, on its progress in accomplishing the corrective
actions necessary to resolve the deficiencies found in the audit
performed by the department's Internal Audit Office, and any
remaining deficiencies found in the 2000 audit by the Bureau of State
Audits.  In particular, the bureau shall report on the status and
timeliness of its complaint and enforcement, and application and
renewal processes and procedures, the condition of the Student
Tuition Recovery Fund and the status of any claims thereon, the
status and timeliness of its various approval or registration
processes, the status and capabilities of its data processing and
dissemination system, its outreach efforts to current and prospective
private postsecondary and vocational education students, and any
recommendations for improvement to its operations, including any
recommendations regarding revisions to this chapter.
  SEC. 22.  Section 94990 of the Education Code is amended to read:
   94990.  The bureau is subject to the sunset review process
conducted by the Joint Legislative Sunset Review Committee pursuant
to Division 1.2 (commencing with Section 473) of the Business and
Professions Code.  Notwithstanding that this chapter does not specify
that it will become inoperative on a specified date, the analyses,
reports, public hearings, evaluations, and determinations required to
be prepared, conducted, and made pursuant to Division 1.2
(commencing with Section 473) of the Business and Professions Code
shall be prepared, conducted, and made in 2002 and every four years
thereafter as long as this chapter is operative.
  SEC. 23.  Section 9148.8 of the Government Code is amended to read:

   9148.8.  (a) The Committee on Rules of either house of the
Legislature, acting pursuant to a request from the chairperson of the
appropriate policy committee, may direct the Joint Legislative
Sunset Review Committee to evaluate a plan prepared pursuant to
Section 9148.4 or 9148.6.
   (b) Evaluations prepared by the Joint Legislative Sunset Review
Committee pursuant to this section shall be provided to the
respective Committee on Rules and the policy and fiscal committees of
the Legislature pursuant to rules adopted by each committee for this
purpose.
  SEC. 24.  Section 9148.10 of the Government Code is repealed.
  SEC. 25.  Article 8.5 (commencing with Section 9148.50) is added to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:

      Article 8.5.  Legislative Review of State Boards

   9148.50.  The Legislature finds and declares all of the following:

   (a) California's multilevel, complex governmental structure today
contains more than 400 categories of administrative or regulatory
boards, commissions, committees, councils, associations, and
authorities.
   (b) These administrative or regulatory boards, commissions,
committees, councils, associations, and authorities have been
established without any method of periodically reviewing their
necessity, effectiveness, or utility.
   (c) As a result, the Legislature and residents of California
cannot be assured that existing or proposed administrative or
regulatory boards, commissions, committees, councils, associations,
and authorities adequately protect the public health, safety, and
welfare.
   9148.51.  (a) It is the intent of the Legislature that all
existing and proposed state boards be subject to review every four
years to evaluate and determine whether each has demonstrated a
public need for its continued existence in accordance with enumerated
factors and standards as set forth in Chapter 2 (commencing with
Section 474) of Division 1.2 of the Business and Professions Code.
   (b) In the event that any state board becomes inoperative or is
repealed in accordance with the act that added this section, any
provision of existing law that provides for the appointment of board
members and specifies the qualifications and tenure of board members
shall not be implemented and shall have no force or effect while that
state board is inoperative or repealed.
   (c) Any provision of law authorizing the appointment of an
executive officer by a state board subject to the review described in
Chapter 2 (commencing with Section 474) of Division 1.2 of the
Business and Professions Code, or prescribing his or her duties,
shall not be implemented and shall have no force or effect while the
applicable state board is inoperative or repealed.
   (d) It is the intent of the Legislature that subsequent
legislation to extend or repeal the inoperative date for any state
board shall be a separate bill for that purpose.
   9148.52.  (a) The Joint Legislative Sunset Review Committee
established pursuant to Section 473 of the Business and Professions
Code shall review all state boards, as defined in Section 9148.2,
other than a board subject to review pursuant to Chapter 1
(commencing with Section 473) of Division 1.2 of the Business and
Professions Code, every four years.
   (b) The committee shall evaluate and make determinations pursuant
to Chapter 2 (commencing with Section 474) of Division 1.2 of the
Business and Professions Code.
  SEC. 26.  Section 1095 of the Unemployment Insurance Code is
amended to read:
   1095.  The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
   (a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
   (b) To properly present a claim for benefits.
   (c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
   (d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
   (e) To enable an employer to receive a reduction in contribution
rate.
   (f) To enable federal, state, or local government departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Title IV of the Social Security Act, where the verification or
determination is directly connected with, and limited to, the
administration of public social services.
   (g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, where the
determination is directly connected with, and limited to, the
administration of general relief or assistance.
   (h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
   (i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence.  The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal law
and regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records.  Any person who receives any information under
this subdivision shall make a written report of the information to
the law enforcement agency that employs him or her, for filing under
the normal procedures of that agency.
   (1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
   (2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
   (3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
   (4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
   (j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system.  The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system.  The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
   (k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
   (l) To enable federal, state, or local governmental departments or
agencies to administer child support enforcement programs under
Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
   (m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration of
the Victims of Crime Program or in the location of victims of crime
who, by state mandate or court order, are entitled to restitution
that has been or can be recovered.
   (n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are or
have been:
   (1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.
   (2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies.  The information released by
the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.
   (o) To provide an authorized governmental agency with any or all
relevant information that relates to any specific workers'
compensation insurance fraud investigation.  The information shall be
provided to the extent permitted by federal law and regulations.
For the purposes of this subdivision, "authorized governmental agency"
means the district attorney of any county, the office of the
Attorney General, the Department of Industrial Relations, and the
Department of Insurance.  An authorized governmental agency may
disclose this information to the State Bar, the Medical Board of
California, or any other licensing board or department whose licensee
is the subject of a workers' compensation insurance fraud
investigation.  This subdivision shall not prevent any authorized
governmental agency from reporting to any board or department the
suspected misconduct of any licensee of that body.
   (p) To enable the Director of the Bureau for Private Postsecondary
and Vocational Education, or his or her representatives, to access
unemployment insurance quarterly wage data on a case-by-case basis to
verify information on school administrators, school staff, and
students provided by those schools who are being investigated for
possible violations of Chapter 7 (commencing with Section 94700) of
Part 59 of the Education Code.
   (q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists.  For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department.  Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents.  Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
   (r) To enable city and county planning agencies to develop
economic forecasts for planning purposes.  The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
   (s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
   (t) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by any private collection agency.
   (u) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included penalties
under Section 1128 or 1128.1 shall not be in violation of Section
1094 if the assessment is final.  The disclosure may also include any
of the following:
   (1) The total amount of the assessment.
   (2) The amount of the penalty imposed under Section 1128 or 1128.1
that is included in the assessment.
   (3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.
   (v) To enable the Contractors' State License Board to verify the
employment history of an individual applying for licensure pursuant
to Section 7068 of the Business and Professions Code.
   (w) To provide any peace officer with the Division of
Investigation in the Department of Consumer Affairs information
pursuant to subdivision (i) when the requesting peace officer has
been designated by the Chief of the Division of Investigations and
requests this information in the course of and in part of an
investigation into the commission of a crime or other unlawful act
when there is reasonable suspicion to believe that the crime or act
may be connected to the information requested and would lead to
relevant information regarding the crime or unlawful act.