BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 797|
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UNFINISHED BUSINESS
Bill No: SB 797
Author: Ridley-Thomas (D)
Amended: 4/24/08
Vote: 27 - Urgency
SEN. BUS., PROF. & ECON. DEV. COMMITTEE : 8-0, 4/9/07
AYES: Ridley-Thomas, Aanestad, Corbett, Denham, Florez,
Harman, Simitian, Yee
SENATE APPROPRIATIONS COMMITTEE : 11-0, 4/16/07
AYES: Torlakson, Battin, Cedillo, Corbett, Dutton, Florez,
Kuehl, Oropeza, Ridley-Thomas, Runner, Yee
NO VOTE RECORDED: Cox, Aanestad, Ashburn, Calderon,
Correa, Wyland
SENATE FLOOR : 33-6, 4/23/07
AYES: Aanestad, Ackerman, Alquist, Ashburn, Calderon,
Cedillo, Corbett, Cox, Denham, Ducheny, Dutton, Florez,
Harman, Kehoe, Kuehl, Lowenthal, Machado, Maldonado,
Margett, Migden, Negrete McLeod, Oropeza, Padilla,
Perata, Ridley-Thomas, Romero, Runner, Scott, Simitian,
Steinberg, Torlakson, Wiggins, Yee
NOES: Battin, Cogdill, Correa, Hollingsworth, McClintock,
Wyland
NO VOTE RECORDED: Vincent
ASSEMBLY FLOOR : 76-0, 5/29/08 - See last page for vote
SUBJECT : Professions and vocations
SOURCE : Author
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DIGEST : This bill authorizes the Department of Consumer
Affairs to create advisory committees to the Dental Board
of California, the Speech-Language Pathology and Audiology
Board, the Board of Vocational Nursing and Psychiatric
Technicians, and the Barbering and Cosmetology Board, and
allows the Board of Behavioral Sciences to take
disciplinary action against licensees after the current
statute of limitation has expired in specified
circumstances, and makes other changes to boards and
programs under the Department of Consumer Affairs.
Assembly Amendments deleted the portion of the bill which
required a person who offers to perform, purports to have
the capacity to perform, or submits a bid to perform tree
removal and pruning services be licensed. In addition, the
amendments remove the section of the bill which clarified
that enhanced penalties for repeat convictions for
unlicensed contracting applies to unlicensed persons who
perform or who offer to perform contracting work. Lastly,
the amendments added language authorizing the Department of
Consumer Affairs to create advisory committees through
January 1, 2009, to the Dental Board of California, the
Speech-Language Pathology and Audiology Board, the Board of
Vocational Nursing and Psychiatric Technicians, and the
Barbering and Cosmetology Board, upon the conversion of
those boards to bureaus, and extends the sunset date of the
vertical prosecution pilot project within the Medical Board
of California by two years, from July 1, 2008 to July 1,
2010, added an urgency clause, and made other technical and
clarifying changes.
ANALYSIS :
Existing law establishes the Dental Board of California,
the Speech-Language Pathology and Audiology Board, the
Board of Vocational Nursing and Psychiatric Technicians,
and the Board of Barbering and Cosmetology in the
Department of Consumer Affairs.
Existing law authorizes the Dental Board of California and
the Speech-Language Pathology and Audiology Board to
appoint executive officers, requires the Board of
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Vocational Nursing and Psychiatric Technicians to select an
executive officer, and requires the Board of Barbering and
Cosmetology to appoint an executive officer, as specified.
Under existing law, the provisions establishing these
boards and their authority to appoint or select executive
officers will become inoperative on July 1, 2008, and be
repealed on January 1, 2009.
Existing law, the Architects Practice Act, establishes the
California Architects Board and provides for its licensure
and regulation of architects. Under existing law, the
Board is authorized to implement an intern development
program until July 1, 2009.
Existing law provides for the certification of optometrists
to diagnose and treat certain conditions of the human eye
or its appendages, and to use therapeutic pharmaceutical
agents. It requires the board to decide all issues
relating to the equivalency of an optometrists' education
or training for certification, as specified.
Existing law imposes specified requirements and
prohibitions on tax preparers, as defined, and exempts
specified persons from these requirements and prohibitions.
A violation of those provisions is a misdemeanor. Under
existing law, those provisions will become inoperative on
July 1, 2008, and will be repealed on January 1, 2009.
This bill:
1. Authorizes the Department of Consumer Affairs to create
advisory committees through January 1, 2009, to the
Dental Board of California, the Speech-Language
Pathology and Audiology Board, the Board of Vocational
Nursing and Psychiatric Technicians, and the Barbering
and Cosmetology Board, upon the conversion of those
boards to bureaus.
2. Extends the sunset date on the authority of the Dental
Board of California, the Speech-Language Pathology and
Audiology Board, the Board of Vocational Nursing and
Psychiatric Technicians, and the Barbering and
Cosmetology Board to appoint an executive officer by
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January 1, 2012.
3. Requires all income tax returns completed by a paid
preparer to be signed by an exempt or registered tax
preparer, including returns prepared by an unregistered
or non-exempt employee of an exempt tax preparer.
4. Extends the sunset date of provisions regulating tax
preparers from July 1, 2008 to January 1, 2012.
5. Deletes an obsolete reference to an Advisory Committee
within the State Board of Optometry.
6. Permits the Board of Behavioral Sciences (BBS) to file
an accusation against a licensee after the current
statute of limitations has expired in cases involving
specified sexual acts against a minor. This amendment
gives BBS three years from the date of discovery of the
alleged act to file an accusation if there is
independent evidence that corroborates the allegation of
certain acts against a minor.
7. Clarifies that the enhanced penalties for repeat
convictions for unlicensed contracting applies to
unlicensed persons who perform contracting work.
8. Extends the sunset date of the vertical prosecution
pilot project within the Medical Board of California by
two years, from July 1, 2008 to July 1, 2010, and makes
other technical and clarifying changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/4/08)
Board of Barbering and Cosmetology
Board of Behavioral Sciences
Board of Geologists and Geophysicists
Board of Vocational Nurses and Psychiatric Technicians
California Chapter of the American Fence Contractors
Association California Landscape Contractors Association
California Dental Association
California Fence Contractors Association
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California Spa and Pool Industry Education Council
California Tax Education Council
Center for Public Interest Law
Contractors State License Board
Dental Board of California
Engineering Contractors Association
Flasher/Barricade Association
Marin Builders Exchange
Speech-Language Pathology and Audiology Board
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Carter,
Cook, Coto, Davis, De La Torre, De Leon, DeSaulnier,
DeVore, Duvall, Dymally, Emmerson, Eng, Evans, Feuer,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garcia,
Garrick, Hancock, Hayashi, Hernandez, Horton, Huff,
Huffman, Jeffries, Jones, Karnette, Keene, Krekorian, La
Malfa, Laird, Leno, Levine, Lieber, Lieu, Ma, Maze,
Mendoza, Mullin, Nakanishi, Nava, Niello, Nunez, Parra,
Plescia, Portantino, Price, Sharon Runner, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Spitzer, Strickland,
Swanson, Torrico, Tran, Villines, Walters, Wolk, Bass
NO VOTE RECORDED: Caballero, Charles Calderon, Houston,
Soto
JJA:do 6/4/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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