BILL NUMBER: SB 232 CHAPTERED 10/07/05 CHAPTER 675 FILED WITH SECRETARY OF STATE OCTOBER 7, 2005 APPROVED BY GOVERNOR OCTOBER 7, 2005 PASSED THE SENATE SEPTEMBER 7, 2005 PASSED THE ASSEMBLY SEPTEMBER 6, 2005 AMENDED IN ASSEMBLY SEPTEMBER 2, 2005 AMENDED IN ASSEMBLY AUGUST 16, 2005 AMENDED IN SENATE APRIL 18, 2005 INTRODUCED BY Senator Figueroa FEBRUARY 15, 2005 An act to amend Sections 2460, 2531, 3504, 3516.1, 3710, 3716, 5810, 7000.5, and 7011 of, and to amend and repeal Sections 2531.75 and 3512 of, the Business and Professions Code, to amend Sections 12231 and 14999 of the Government Code, to amend Section 80.2 of the Harbors and Navigation Code, and to amend Section 5090.15 of the Public Resources Code, relating to boards and commissions. LEGISLATIVE COUNSEL'S DIGEST SB 232, Figueroa Boards and commissions. Existing law provides for the licensure and regulation of various professions, as applicable, by the Board of Podiatric Medicine, the Speech-Language Pathology and Audiology Board, the Respiratory Care Board of California, and the Physician Assistant Committee of the Medical Board of California, and authorizes these entities, other than the Board of Podiatric Medicine, to employ personnel, including an executive officer. Under existing law, the provisions creating these entities and authorizing the Respiratory Care Board of California to employ these personnel become inoperative on July 1, 2007, and are repealed on January 1, 2008. This bill would extend these provisions by one year to July 1, 2008, and January 1, 2009, respectively, and would make the provisions that authorize employment of personnel by the Speech-Language Pathology and Audiology Board and the Physician Assistant Committee inoperative on July 1, 2008, and would repeal them on January 1, 2009. Existing law, until January 1, 2007, recognizes certain activities of a specified interior design certification organization relative to interior designers. Existing law creates the Contractors' State License Board, the California Heritage Preservation Commission, the Commission for Economic Development, the Boating and Waterways Commission, and the Off-Highway Motor Vehicle Recreation Commission and authorizes the Contractors' State License Board to appoint a registrar of contractors. Under existing law, the provisions creating these commissions become inoperative on July 1, 2006, and are repealed on January 1, 2007, and the provisions creating the board and authorizing the appointment of a registrar of contractors become inoperative on July 1, 2007, and are repealed on January 1, 2008. This bill would extend the interior design provisions until January 1, 2008. The bill would delete the inoperative and repeal provisions relating to the commissions, other than the Off-Highway Motor Vehicle Recreation Commission, and would extend by one year the inoperative and repeal dates of the provisions creating that commission and the provisions creating the Contractors' State License Board and authorizing its appointment of a registrar of contractors. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2460 of the Business and Professions Code is amended to read: 2460. There is created within the jurisdiction of the Medical Board of California and its divisions the California Board of Podiatric Medicine.This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the California Board of Podiatric Medicine subject to the review required by Division 1.2 (commencing with Section 473). SEC. 2. 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, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2009, deletes or extends the inoperative and repeal dates. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). SEC. 3. Section 2531.75 of the Business and Professions Code is amended to read: 2531.75. (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, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. Section 3504 of the Business and Professions Code is amended to read: 3504. There is established a Physician Assistant Committee of the Medical Board of California. The committee consists of nine members.This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the committee subject to the review required by Division 1.2 (commencing with Section 473). SEC. 5. Section 3512 of the Business and Professions Code is amended to read: 3512. (a) Except as provided in Sections 159.5 and 2020, the committee shall employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of this chapter including an executive officer who shall be exempt from civil service. The board and committee shall make all necessary expenditures to carry out the provisions of this chapter from the funds established by Section 3520. The committee may accept contributions to effect the purposes of this chapter. (b) This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 6. Section 3516.1 of the Business and Professions Code is amended to read: 3516.1. (a) (1) Notwithstanding any other provision of law, a physician who provides services in a medically underserved area may supervise not more than four physician assistants at any one time. (2) As used in this section, "medically underserved area" means a "health professional(s) shortage area" (HPSA) as defined in Part 5 (commencing with Section 5.1) of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state where unmet priority needs for physicians exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128225 of the Health and Safety Code. (b) This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute that is enacted before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 7. Section 3710 of the Business and Professions Code is amended to read: 3710. The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter. This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2009, 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 3716 of the Business and Professions Code is amended to read: 3716. The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties. This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 9. Section 5810 of the Business and Professions Code is amended to read: 5810. (a) This chapter shall be subject to the review required by Division 1.2 (commencing with Section 473). (b) This chapter shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date. SEC. 10. Section 7000.5 of the Business and Professions Code is amended to read: 7000.5. (a) There is in the Department of Consumer Affairs a Contractors' State License Board, which consists of 15 members. (b) The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). However, the review of this board by the department shall be limited to only those unresolved issues identified by the Joint Committee on Boards, Commissions, and Consumer Protection. (c) This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, 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. 11. Section 7011 of the Business and Professions Code is amended to read: 7011. The board, by and with the approval of the director, shall appoint a registrar of contractors and fix his or her compensation. The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to him or her by the board. For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary. Appointments shall be made in accordance with the provisions of civil service laws. This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 12. Section 12231 of the Government Code is amended to read: 12231. In carrying out the provisions of this article, the Secretary of State shall consult with and give consideration to the recommendations of the California Heritage Preservation Commission, which for that purpose shall serve in an advisory capacity to the Secretary of State. SEC. 13. Section 14999 of the Government Code is amended to read: 14999. The Commission for Economic Development, hereinafter referred to as the commission, is continued in existence. The purpose of the commission is to provide continuing bipartisan legislative, executive branch and private sector support and guidance for the best possible overall economic development of the state by any and all of the following means: (a) Assessing specific regional or local economic development problems and making recommendations for solving problems. (b) Providing a forum for ongoing dialogue on economic issues between state government and the private sector. (c) Recommending, where deemed appropriate, legislation to require evaluation of demonstration and ongoing economic development projects and programs to ensure continued cost effectiveness. (d) Identifying and reporting important secondary effects on economic development of programs and regulations which may have other primary purposes. (e) Undertaking specialized studies and preparing specialized reports at the request of the Governor or Legislature. SEC. 14. Section 80.2 of the Harbors and Navigation Code is amended to read: 80.2. The commission shall be composed of seven members appointed by the Governor, with the advice and consent of the Senate. The members shall have experience and background consistent with the functions of the commission. In making appointments to the commission, the Governor shall give primary consideration to geographical location of the residence of members as related to boating activities and harbors. In addition to geographical considerations, the members of the commission shall be appointed with regard to their special interests in recreational boating. At least one of the members shall be a member of a recognized statewide organization representing recreational boaters. One member of the commission shall be a private small craft harbor owner and operator. One member of the commission shall be an officer or employee of a law enforcement agency responsible for enforcing boating laws. The first vacancy occurring on the commission on and after January 1, 1997, shall be filled by such an officer or employee. The Governor shall appoint the first seven members of the commission for the following terms to expire on January 15: one member for one year, two members for two years, two members for three years, and two members for four years. Thereafter, appointments shall be for a four-year term. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. SEC. 15. Section 5090.15 of the Public Resources Code is amended to read: 5090.15. (a) There is in the department the Off-Highway Motor Vehicle Recreation Commission, consisting of seven members, three of whom shall be appointed by the Governor, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly. (b) In order to be appointed to the commission, a nominee shall represent one or more of the following groups: (1) Off-highway vehicle recreation interests. (2) Biological or soil scientists. (3) Groups or associations of predominantly rural landowners. (4) Law enforcement. (5) Environmental protection organizations. (6) Nonmotorized recreationist interests. It is the intent of the Legislature that appointees to the commission represent all of the groups delineated in paragraphs (1) to (6), inclusive, to the extent possible. (c) Whenever any reference is made to the State Park and Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park and Recreation Commission with respect to the state vehicular recreation areas, as established by this chapter, it shall be deemed to be a reference to, and to mean, the Off-Highway Motor Vehicle Recreation Commission. (d) Based on the findings in the 2004 Off-Highway Vehicle Fuel Tax Study, the division shall, not later than January 1, 2005, prepare and submit to the Legislature a report that identifies the principal reasons why people are using off-road trails and facilities, and an estimate of the proportional amount of off-highway motor vehicle use by jurisdiction, as a means of assisting in the determination of how fuel tax and in lieu of property tax funds should be expended. (e) This section shall become inoperative on July 1, 2007, and, as of January 1, 2008, is repealed, unless a later enacted statute that is enacted before January 1, 2008, deletes or extends the dates on which it becomes inoperative and is repealed.