BILL ANALYSIS
SB 1079
Page 1
Date of Hearing: July 1, 2003
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Lou Correa, Chair
SB 1079 (Committee on Business and Professions) - As Amended:
June 26, 2003
SENATE VOTE : 37-0
SUBJECT : Department of Consumer Affairs.
SUMMARY : Makes several non-controversial, minor,
non-substantive or technical changes to various provisions
pertaining to regulatory boards and bureaus of the Department of
Consumer Affairs (Department). Specifically, this bill :
1)Makes the following changes pertaining to the California
Architects Board (Board) :
a) Provides that it is unlawful for an unlicensed person to
use other terms such as "landscape architecture,"
"landscape architectural," or any other titles or words or
abbreviations that would imply or indicate that he or she
is a landscape architect.
b) Clarifies that each licensee must file his or her proper
or current mailing and business address with the Board and
to immediately notify the Board of any changes of address.
2)Specifies that the Bureau of Security and Investigative
Services may approve a training facility that provides
security guards with proficiency in the use of tear gas or any
other non-lethal chemical agent, rather than the Department of
Justice or the Commission on Peace Officer Training and
Standards.
3)Makes the following changes pertaining to the Board for
Geologists and Geophysicists:
a) Makes various technical, non-substantive changes to the
Geologist and Geophysicist Act that would correct
references to that Board's name, repeals an obsolete
section, and makes a conforming change regarding the
collection of delinquent fees.
SB 1079
Page 2
b) Removes an obsolete educational requirement for
licensing applicants that delineates the number of upper
division courses that must be completed as part of a
geology major and instead provides that all applicants must
graduate with a major in geological sciences from a college
or university.
c) Reduces the current seven-year experience requirement
for admittance to the geologists licensing examination to
five years.
EXISTING LAW :
1)Provides for the licensing and regulation of landscape
architects by the California Architects Board and for that
Board to delegate its authority to the Landscape Architect
Technical Committee for specified purposes.
2)Provides that it is unlawful for an unlicensed person to
engage in the practice of landscape architecture or use the
title or term "landscape architect," and requires licensed
landscape architects to submit notification to the executive
officer of the California Architects Board of any change of
address of his or her place of business.
3)Provides for the licensing and regulation of private
investigators, private patrol operators and the registration
and regulation of security guards by the Bureau of Security
and Investigative Services within the Department.
4)Allows a licensed private investigator, private patrol
operator, or registered security guard to purchase, possess or
transport any tear gas weapon if used solely for defensive
purposes and if the person has completed a course of
instruction approved by the Department in the use of tear gas
(Penal Code).
5)Permits employee security guards of a private patrol operator
to carry tear gas or any other non-lethal chemical agent if
they have received a certificate of training from a facility
approved by the Department of Justice or by the Commission on
Peace Officers Standards and Training in the use of tear gas
or any other non-lethal chemical agent (Business and
Profession Code).
SB 1079
Page 3
6)Provides for the licensing and regulation of geologists and
geophysicists by the Board for Geologists and Geophysicists.
7)Requires that to be licensed as a geologist an applicant must
either graduate from a college or university with a major in
geology, or complete 30 semester units in geological science
courses leading to a major in geology with at least 24 units
taken in the last two years of school or during graduate
study. Additionally, requires that an applicant have at least
seven years of professional geological work experience of
which three years must be under the supervision of a licensed
geologist or civil or petroleum engineer.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . This bill is sponsored by the Department
and is one of four "committee bills" authored by the Business
and Professions Committee that are intended to consolidate a
number of non-controversial provisions related to various
regulatory programs governed by the Business and Professions
Code, and generally located within the Department.
Consolidating the provisions in one bill is designed to relieve
the various licensing boards from the necessity and burden of
having separate measures for a number of non-controversial
revisions.
Many of the provisions make minor, technical and updating
changes, while other provisions are substantive changes which
are intended to improve the ability of the various licensing
programs to efficiently and effectively administer their
respective licensing laws. However, as
a "committee bill," if controversy or opposition should arise
regarding any provision that cannot be resolved, then that
provision will be removed from the bill. This will eliminate
the chance of placing any of the other provisions in jeopardy.
Background . The following provides background and reasons given
by the Department for significant and substantive provisions in
this bill.
Clarify terms and/or titles only a licensed landscape architect
may use . The Department indicates that the Landscape Architects
Technical Committee suggests that current language preventing an
SB 1079
Page 4
individual from using the term or title "Landscape Architect"
does not take into consideration the use of other terms or
titles that may mislead the public into perceiving an unlicensed
person as licensed to practice.
Approval of training courses in the use of tear gas . Currently,
the approval instruction courses in the use of tear gas by
security guards is primarily the responsibility of the
Department and the Bureau of Security and Investigative Services
as specified in Section 12403.5 of the Penal Code. However,
Section 7583.36 of the Business and Professions Code has not
been updated to reflect the change made in the Penal Code to
eliminate the need for such courses to be approved by the
Department of Justice and the Commission on Peace Officer
Training and Standards.
Changes in licensing requirements for Geologists . In 1999, the
Joint Legislative Sunset Review Committee (JLSRC) expressed
concern that the seven-year requirement does not appear
necessary and could be considered as a barrier to entry into the
profession. The JLSRC recommended the Board of Geologists and
Geophysicists consider reducing the experience requirement for
geologists and geophysicists.
REGISTERED SUPPORT / OPPOSITION :
Support
Department of Consumer Affairs (sponsor)
Opposition
None on file.
Analysis Prepared by : Alejandro Esparza / B. & P. / (916)
319-3301