BILL NUMBER: SB 1047 CHAPTERED
BILL TEXT
CHAPTER 354
FILED WITH SECRETARY OF STATE OCTOBER 8, 2007
APPROVED BY GOVERNOR OCTOBER 8, 2007
PASSED THE SENATE SEPTEMBER 5, 2007
PASSED THE ASSEMBLY SEPTEMBER 4, 2007
AMENDED IN ASSEMBLY AUGUST 20, 2007
AMENDED IN ASSEMBLY JUNE 25, 2007
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Ridley-Thomas (Chair), Aanestad, Corbett,
Denham, Florez, Harman, Simitian, and Yee)
MARCH 22, 2007
An act to amend Sections 6501, 6520, 6530, 6533, 6534, 6536, 6561,
6712, 6738, 6770, 6770.6, 6775.1, 6799, 7058, 7071.6, 7071.9,
8505.2, 8505.3, 8505.4, 8506.1, 8507, 8509, 8510, 8512, 8525, 8551.5,
8565.5, 8591, 8592, 8610, 8611, 8612, 8617, 8776, 8776.7, 8780.1,
8805, 9812.5, 9830.5, 9831, 9832.5, 9841, 9847.5, 9848, 9849, 9851,
9853, 9855.7, 9855.8, 9855.9, 9860, 9862.5, 9863, 9873, 19008.1,
19129, 19132, and 19170.5 of, to add Sections 101.7 and 9884.20 to,
to repeal Section 8505.15 of, and to repeal and add Section 8712 of,
the Business and Professions Code, and to amend Section 60.1 of the
Probate Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1047, Committee on Business, Professions and Economic
Development. Professions and vocations.
(1) Existing law establishes the Department of Consumer Affairs
which is comprised of various boards and similar entities with
responsibilities for the licensure and regulation of various licensed
professions and vocations. Under existing law, the department is
under the control of the Director of Consumer Affairs.
This bill would require each of those boards to meet at least 3
times each calendar year and at least once each calendar year in
northern California and in southern California. The bill would
authorize the director to exempt any board from the meeting
requirement upon a showing of good cause and to call a special
meeting of the board when a board is not fulfilling its duties.
(2) Existing law, the Professional Fiduciaries Act, provides for
the licensure and regulation of professional fiduciaries by the
Professional Fiduciaries Bureau.
Existing law provides that, on and after July 1, 2008, no person
shall act or hold himself or herself out to the public as a
professional fiduciary unless that person has satisfied the licensure
requirements.
This bill would instead make that provision applicable on and
after January 1, 2009.
Existing law requires a person to meet specified requirements for
licensure as a professional fiduciary, including the possession of
either a baccalaureate degree of arts or sciences, an associate of
arts or science degree and at least 5 years experience with
substantive fiduciary responsibilities, as specified, or experience
of not less than 3 years with substantive fiduciary responsibilities,
as specified.
This bill would instead require possession of either a
baccalaureate degree of arts or sciences, an associate of arts or
sciences degree and at least 3 years experience working as a
professional fiduciary or working with substantive fiduciary
responsibilities, as specified, or experience of not less than 5
years, prior to July 1, 2012, working as a professional fiduciary or
working with substantive fiduciary responsibilities, as specified.
Existing law requires the bureau to maintain certain information
in each licensee's file, including whether the licensee has ever been
removed for cause or resigned as a conservator, guardian, trustee,
or personal representative as well as various other details relating
to that removal or resignation, and it also requires licensees to
annually file with the bureau a statement, under penalty of perjury,
containing that information.
This bill would instead require licensees to file and the bureau
to maintain information regarding whether the licensee has ever been
removed as a fiduciary by a court for breach of trust committed
intentionally, with gross negligence, in bad faith, or with reckless
indifference, or the has demonstrated a pattern of negligent conduct,
as specified.
Existing law specifies that a professional fiduciary, among other
things, does not include any person whose sole activity as a
professional fiduciary is as a broker-dealer, broker-dealer agent, or
investment adviser representative.
This bill would specify that a professional fiduciary also does
not include any person whose sole activity as a professional
fiduciary is as an investment adviser.
(3) Existing law, the Professional Engineers Act and the
Professional Land Surveyors' Act, provides for the licensure and
regulation of professional engineers and land surveyors by the Board
for Professional Engineers and Land Surveyors, in the Department of
Consumer Affairs.
Existing law requires a licensee to report to the board a felony
conviction and a civil judgment, settlement, arbitration award, or
administrative action award of $50,000 or more, occurring on or after
July 1, 2006, if funds are appropriated for that purpose in the
2006-07 Budget Act and sufficient hiring authority is granted to the
board for that purpose.
This bill would instead require a licensee to report to the board
those matters occurring on or after January 1, 2008, if funds are
appropriated for that purpose in the 2007-08 Budget Act and
sufficient hiring authority is granted to the board for that purpose.
Existing law authorizes the board to receive and investigate
complaints against engineers-in-training and land
surveyors-in-training and, by a majority vote, to revoke his or her
certificate for, among other things, conviction of a crime or
violating the act.
This bill would additionally authorize the board, by a majority
vote, to revoke the certificate of any engineer-in-training or land
surveyor-in-training for committing any act constituting grounds for
denial of a license.
Existing law requires the executive officer of the board to
prepare a specified roster with the names and addresses of all
licensed land surveyors and delinquent licenses, to be filed with the
Secretary of State.
This bill would instead require the board or an entity designated
by the board to compile and maintain a register of all licensed land
surveyors that includes specified information for each licensee.
The bill would also make nonsubstantive, technical changes.
(4) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board.
The bill would make nonsubstantive, technical changes to
provisions of that law.
(5) Existing law provides for the licensure and regulation of
structural pest control operators by the Structural Pest Control
Board. Existing law provides that a violation of those provisions is
a crime.
Existing law authorizes fumigation to be performed only under the
direct and personal supervision of an operator or field
representative in a branch of pest control that includes fumigation
or who is the qualifying manager of a registered company.
This bill would instead authorize fumigation to be performed only
under the direct and personal supervision of an operator or field
representative in a branch of pest control that includes fumigation
and would modify the definition of "direct and personal supervision"
for that purpose.
Existing law requires a registered company, as defined, to make
specified masks available for a fumigating crew for protection
against fumigants.
This bill would repeal that provision.
Existing law provides that a structural pest control field
representative is licensed by the board to secure structural pest
control work, identify infestations or infections, make inspections,
submit bids for or otherwise contract, in behalf of a registered
company.
This bill would specify that a structural pest control field
representative is also licensed by the board to apply pesticides on
behalf of a registered company.
Existing law requires the board to consult with the Director of
Food and Agriculture when developing or adopting regulations that may
affect the Department of Food and Agriculture.
This bill would instead require the board to consult with the
Department of Pesticide Regulation in that regard.
Existing law requires applicants for a Branch 1, 2, or 3 operator'
s license to demonstrate to the board that he or she has passed
board-approved courses in certain areas and requires the board to
develop correspondence courses with educational institutions to
fulfill this requirement.
This bill would delete the provision requiring the board to
develop those correspondence courses.
Existing law requires companies engaging in the practice of
structural pest control to be registered with the board and to
designate an individual with an operator's license to act as its
qualifying manager.
This bill would prohibit an individual with an operator's license
from acting as a qualifying manager for more than 2 registered
companies, as specified.
Existing law requires the licenses of operators to be prominently
displayed in the registered company's office.
This bill would instead require the licenses of qualifying
managers to be prominently displayed in the registered company's
office. The bill would also require the branch supervisor's license
to be prominently displayed in a branch office.
The bill would make nonsubstantive, conforming, and technical
changes to provisions of that law.
Because the bill would impose new requirements under the law
dealing with structural pest control operators, a violation of which
would be a crime, the bill would impose a state-mandated local
program.
(6) The Electronic and Appliance Repair Dealer Registration Law
provides for registration and regulation of service dealers and
service contractors by the Bureau of Electronic and Appliance Repair
in the Department of Consumer Affairs.
Existing law regulating service contractors will be repealed on
January 1, 2008. Existing law requires persons acting as service
contractors to be registered, and provides for various criminal
penalties for a violation of these provisions.
This bill would extend the operation of these provisions until
January 1, 2013. Because these criminal penalties would be extended,
the bill would impose a state-mandated local program by expanding the
scope of a crime.
Existing law requires the Director of Consumer Affairs to validate
the registration and send proof of validation to the service dealer.
Under existing law, the director may refuse to validate, or may
temporarily or permanently invalidate the registration of a service
dealer for specified acts or omissions done by the service dealer or
associated person.
This bill would instead require the director to issue the
registration and send proof of issuance to the service dealer. The
bill would instead authorize the director to deny, suspend, revoke,
or place on probation the registration of a service dealer for
specified acts or omissions done by the service dealer or associated
person and would also add to that list of specified acts or
omissions.
(7) Existing law, the Automotive Repair Act, provides for the
licensure and regulation of automotive repair dealers. Under existing
law, there is a Bureau of Automotive Repair, which is under the
supervision of the Director of Consumer Affairs. Existing law
authorizes the director and the Chief of the Bureau of Automotive
Repair to bring disciplinary actions against an automotive repair
dealer.
This bill would provide that all accusations against an automotive
repair dealer shall be filed within 3 years after the act or
omission alleged as the ground for disciplinary action, except that
an accusation alleging fraud or misrepresentation may be filed within
2 years after the bureau's discovery of the fraud or
misrepresentation, as specified.
(8) Under existing law, the Home Furnishings and Thermal
Insulation Act, there is the Bureau of Home Furnishings and Thermal
Insulation which is responsible for the licensure and regulation of,
among others, upholstered furniture retailers, bedding retailers, and
upholstered furniture and bedding wholesalers. A violation of the
act is a crime.
Under existing law, a license that is not renewed within one year
of expiration is canceled; however, the holder of a license may apply
to have his or her license restored, reinstated, or reissued if
specified requirements are met.
This bill would delete that provision authorizing the holder of a
license to have his or her license restored, reinstated, or reissued.
The bill would specify that to renew an expired license within 6
years after expiration, the licensee shall apply on a form prescribed
by the bureau and pay all accrued renewal, delinquent, and penalty
fees. The bill would specify that a license that is not renewed
within 6 years of its expiration shall not be renewed, restored,
reinstated, or reissued. The bill would authorize the holder of this
type of a license to apply for and obtain a new license if certain
requirements are satisfied and the bill would authorize the bureau to
impose conditions on these licenses.
Existing law requires secondhand, as defined, bedding to be
sanitized before it is sold.
This bill would extend that requirement to used, as defined,
bedding. Because a violation of this requirement would be a crime,
the bill would impose a state-mandated local program.
(9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101.7 is added to the Business and Professions
Code, to read:
101.7. (a) Notwithstanding any other provision of law, boards
shall meet at least three times each calendar year. Boards shall meet
at least once each calendar year in northern California and once
each calendar year in southern California in order to facilitate
participation by the public and its licensees.
(b) The director at his or her discretion may exempt any board
from the requirement in subdivision (a) upon a showing of good cause
that the board is not able to meet at least three times in a calendar
year.
(c) The director may call for a special meeting of the board when
a board is not fulfilling its duties.
SEC. 2. Section 6501 of the Business and Professions Code is
amended to read:
6501. As used in this chapter, the following terms have the
following meanings:
(a) "Act" means this chapter.
(b) "Bureau" means the Professional Fiduciaries Bureau within the
Department of Consumer Affairs, established pursuant to Section 6510.
(c) "Client" means an individual who is served by a professional
fiduciary.
(d) "Department" means the Department of Consumer Affairs.
(e) "Licensee" means a person who is licensed under this chapter
as a professional fiduciary.
(f) "Professional fiduciary" means a person who acts as a
conservator or guardian for two or more persons at the same time who
are not related to the professional fiduciary or to each other by
blood, adoption, marriage, or registered domestic partnership.
"Professional fiduciary" also means a person who acts as a trustee,
agent under a durable power of attorney for health care, or agent
under a durable power of attorney for finances, for more than three
people or more than three families, or a combination of people and
families that totals more than three, at the same time, who are not
related to the professional fiduciary by blood, adoption, marriage,
or registered domestic partnership. "Professional fiduciary" does not
include any of the following:
(1) A trust company, as defined in Section 83 of the Probate Code.
(2) An FDIC-insured institution, or its holding companies,
subsidiaries, or affiliates. For the purposes of this paragraph,
"affiliate" means any entity that shares an ownership interest with,
or that is under the common control of, the FDIC-insured institution.
(3) A person employed by an entity described in paragraph (1) or
(2) who is acting in the course and scope of that employment.
(4) Any public officer or public agency, including the public
guardian, public conservator, or other agency of the State of
California or of a county of California, when that public officer or
public agency is acting in the course and scope of official duties,
or any regional center for persons with developmental disabilities as
defined in Section 4620 of the Welfare and Institutions Code.
(5) Any person whose sole activity as a professional fiduciary is
as a broker-dealer, broker-dealer agent, investment adviser, or
investment adviser representative registered and regulated under the
Corporate Securities Law of 1968 (Division 1 (commencing with Section
25000) of Title 4 of the Corporations Code), the Investment Advisers
Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.), or the Securities
Exchange Act of 1934 (15 U.S.C. Sec. 78a et seq.), or involves
serving as a trustee to a company regulated by the Securities and
Exchange Commission under the Investment Company Act of 1940 (15
U.S.C. Sec. 80a-1 et seq.).
(g) "Committee" means the Professional Fiduciaries Advisory
Committee, as established pursuant to Section 6511.
SEC. 3. Section 6520 of the Business and Professions Code is
amended to read:
6520. The bureau shall adopt, by regulation, a Professional
Fiduciaries Code of Ethics. The Professional Fiduciaries Code of
Ethics shall be consistent with all statutory requirements, as well
as requirements developed by the courts and the Judicial Council. The
Professional Fiduciaries Code of Ethics shall be provided
electronically on the bureau's Internet Web site and to persons who
request an application for licensure. The bureau may, by regulation,
amend the Professional Fiduciaries Code of Ethics from time to time,
as it deems necessary, provided that no amendment shall be effective
with regard to a licensee until the licensee's next annual license
renewal cycle, as specified in subdivision (a) of Section 6541, is
completed. Any amendment to the Professional Fiduciaries Code of
Ethics shall be included in the license renewal materials sent to a
licensee.
SEC. 4. Section 6530 of the Business and Professions Code is
amended to read:
6530. (a) On and after January 1, 2009, no person shall act or
hold himself or herself out to the public as a professional fiduciary
unless that person is licensed as a professional fiduciary in
accordance with the provisions of this chapter.
(b) This section does not apply to a person licensed as an
attorney under the State Bar Act (Chapter 4 (commencing with Section
6000)).
(c) This section does not apply to a person licensed as, and
acting within the scope of practice of, a certified public accountant
pursuant to Chapter 1 (commencing with Section 5000) of Division 3.
(d) This section does not apply to a person enrolled as an agent
to practice before the Internal Revenue Service who is acting within
the scope of practice pursuant to Part 10 of Title 31 of the Code of
Federal Regulations.
SEC. 5. Section 6533 of the Business and Professions Code is
amended to read:
6533. In order to meet the qualifications for licensure as a
professional fiduciary a person shall meet all of the following
requirements:
(a) Be at least 21 years of age.
(b) Be a United States citizen, or be legally admitted to the
United States.
(c) Have not committed any acts that are grounds for denial of a
license under Section 480 or 6536.
(d) Submit fingerprint images as specified in Section 6533.5 in
order to obtain criminal offender record information.
(e) Have completed the required prelicensing education described
in Section 6538.
(f) Have passed the licensing examination administered by the
bureau pursuant to Section 6539.
(g) Have at least one of the following:
(1) A baccalaureate degree of arts or sciences from a college or
university accredited by a nationally recognized accrediting body of
colleges and universities or a higher level of education.
(2) An associate of arts or sciences degree from a college or
university accredited by a nationally recognized accrediting body of
colleges and universities, and at least three years of experience
working as a professional fiduciary or working with substantive
fiduciary responsibilities for a professional fiduciary, public
agency, or financial institution acting as a conservator, guardian,
trustee, personal representative, or agent under a power of attorney.
(3) Experience of not less than five years, prior to July 1, 2012,
working as a professional fiduciary or working with substantive
fiduciary responsibilities for a professional fiduciary, public
agency, or financial institution acting as a conservator, guardian,
trustee, personal representative, or agent under a power of attorney.
(h) Agree to adhere to the Professional Fiduciaries Code of Ethics
and to all statutes and regulations.
(i) Consent to the bureau conducting a credit check on the
applicant.
(j) File a completed application for licensure with the bureau on
a form provided by the bureau and signed by the applicant under
penalty of perjury.
(k) Submit with the license application a nonrefundable
application fee, as specified in this chapter.
SEC. 6. Section 6534 of the Business and Professions Code is
amended to read:
6534. (a) The bureau shall maintain the following information in
each licensee's file, shall make this information available to a
court for any purpose, including the determination of the
appropriateness of appointing or continuing the appointment of, or
removing, the licensee as a conservator, guardian, trustee, or
personal representative, and shall otherwise keep this information
confidential, except as provided in subdivisions (b) and (c) of this
section:
(1) The names of the licensee's current conservatees or wards and
the trusts or estates currently administered by the licensee.
(2) The aggregate dollar value of all assets currently under the
licensee's supervision as a professional fiduciary.
(3) The licensee's current addresses and telephone numbers for his
or her place of business and place of residence.
(4) Whether the licensee has ever been removed as a fiduciary by a
court for breach of trust committed intentionally, with gross
negligence, in bad faith, or with reckless indifference, or the
licensee has demonstrated a pattern of negligent conduct, including a
removal prior to becoming licensed, and all appeals have been taken,
or the time to file an appeal has expired.
(5) The case names, court locations, and case numbers of all
conservatorship, guardianship, or trust or other estate
administration cases that are closed for which the licensee served as
the conservator, guardian, trustee, or personal representative.
(6) Information regarding any discipline imposed upon the licensee
by the bureau.
(7) Whether the licensee has filed for bankruptcy or held a
controlling financial interest in a business that filed for
bankruptcy in the last 10 years.
(b) The bureau shall make the information in paragraphs (2), (4),
(6), and (7) of subdivision (a) available to the public.
(c) The bureau shall also publish information regarding licensees
on the Internet as specified in Section 27. The information shall
include, but shall not be limited to, information regarding license
status and the information specified under subdivision (b).
SEC. 7. Section 6536 of the Business and Professions Code is
amended to read:
6536. The bureau shall review all applications for licensure and
may investigate an applicant's qualifications for licensure. The
bureau shall approve those applications that meet the requirements
for licensure, but shall not issue a license to any applicant who
meets any of the following criteria:
(a) Does not meet the qualifications for licensure under this
chapter.
(b) Has been convicted of a crime substantially related to the
qualifications, functions, or duties of a professional fiduciary.
(c) Has engaged in fraud or deceit in applying for a license under
this chapter.
(d) Has engaged in dishonesty, fraud, or gross negligence in
performing the functions or duties of a professional fiduciary,
including engaging in such conduct prior to January 1, 2009.
(e) Has been removed as a professional fiduciary by a court for
breach of trust committed intentionally, with gross negligence, in
bad faith, or with reckless indifference, or has demonstrated a
pattern of negligent conduct, including a removal prior to January 1,
2009, and all appeals have been taken, or the time to file an appeal
has expired.
SEC. 8. Section 6561 of the Business and Professions Code is
amended to read:
6561. (a) A licensee shall initially, and annually thereafter,
file with the bureau a statement under penalty of perjury containing
the following:
(1) Her or his business address, telephone number, and facsimile
number.
(2) Whether or not he or she has been removed as a fiduciary by a
court for breach of trust committed intentionally, with gross
negligence, in bad faith, or with reckless indifference, or he or she
has demonstrated a pattern of negligent conduct, including a removal
prior to becoming licensed, and all appeals have been taken, or the
time to file an appeal has expired. The licensee may file an
additional statement of the issues and facts pertaining to the case.
(3) The case names, court locations, and case numbers for all
matters where the licensee has been appointed by the court.
(4) Whether he or she has been found by a court to have breached a
fiduciary duty.
(5) Whether he or she has resigned or settled a matter in which a
complaint has been filed, along with the case number and a statement
of the issues and facts pertaining to the allegations.
(6) Any licenses or professional certificates held by the
licensee.
(7) Any ownership or beneficial interests in any businesses or
other enterprises held by the licensee or by a family member that
receives or has received payments from a client of the licensee.
(8) Whether the licensee has filed for bankruptcy or held a
controlling financial interest in a business that filed for
bankruptcy in the last ten years.
(9) The name of any persons or entities that have an interest in
the licensee's professional fiduciary business.
(10) Whether the licensee has been convicted of a crime.
(b) The statement by the licensee required by this section may be
filed electronically with the bureau, in a form approved by the
bureau. However, any additional statement filed under paragraph (2)
of subdivision (a) shall be filed in writing.
SEC. 9. Section 6712 of the Business and Professions Code is
amended to read:
6712. (a) All appointments to the board shall be for a term of
four years. Vacancies shall be filled by appointment for the
unexpired term. Each appointment thereafter shall be for a four-year
term expiring on June 30 of the fourth year following the year in
which the previous term expired.
(b) Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. No person shall serve as a member
of the board for more than two consecutive terms.
(c) The Governor shall appoint professional members so that one is
licensed to practice engineering as a civil engineer, one as an
electrical engineer, one as a mechanical engineer, another is
authorized to use the title of structural engineer, and one is a
member of one of the remaining branches of engineering. One of the
professional members licensed under this chapter or under Chapter 15
(commencing with Section 8700) shall be from a local public agency,
and one shall be from a state agency.
(d) The Governor shall appoint five of the public members and the
professional members qualified as provided in Section 6711. The
Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member.
SEC. 10. Section 6738 of the Business and Professions Code is
amended to read:
6738. (a) This chapter does not prohibit one or more civil,
electrical, or mechanical engineers from practicing or offering to
practice within the scope of their license civil (including
geotechnical and structural), electrical, or mechanical engineering
as a sole proprietorship, partnership, firm, or corporation
(hereinafter called business), if all of the following requirements
are met:
(1) A civil, electrical, or mechanical engineer currently licensed
in this state is an owner, partner, or officer in charge of the
engineering practice of the business.
(2) All civil, electrical, or mechanical engineering services are
performed by, or under the responsible charge of, a professional
engineer licensed in the appropriate branch of professional
engineering.
(3) If the business name of a California engineering business
contains the name of any person, then that person shall be licensed
as a professional engineer, a licensed land surveyor, a licensed
architect, or a geologist registered under the Geologist Act (Chapter
12.5 (commencing with Section 7800)). Any offer, promotion, or
advertisement by the business that contains the name of any
individual in the business, other than by use of the name of an
individual in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named.
(b) An out-of-state business with a branch office in this state
shall meet the requirements of subdivision (a) and shall have an
owner, partner, or officer who is in charge of the engineering work
in the branch in this state, who is licensed in this state, and who
is physically present at the branch office in this state on a regular
basis. However, the name of the business may contain the name of any
person not licensed in this state if that person is appropriately
registered or licensed in another state. Any offer, promotion, or
advertisement which contains the name of any individual in the
business, other than by use of the names of the individuals in the
business name, shall clearly and specifically designate the license
or registration discipline of each individual named.
(c) The business name of a California engineering business may be
a fictitious name. However, if the fictitious name includes the name
of any person, the requirements of paragraph (3) of subdivision (a)
shall be met.
(d) A person not licensed under this chapter may also be a partner
or an officer of a civil, electrical, or mechanical engineering
business if the requirements of subdivision (a) are met. Nothing in
this section shall be construed to permit a person who is not
licensed under this chapter to be the sole owner of a civil,
electrical, or mechanical engineering business, unless otherwise
exempt under this chapter.
(e) This chapter does not prevent an individual or business
engaged in any line of endeavor other than the practice of civil,
electrical, or mechanical engineering from employing or contracting
with a licensed civil, electrical, or mechanical engineer to perform
the respective engineering services incidental to the conduct of
business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering civil, electrical, or mechanical
engineering services, including the use by any lawful successor or
survivor, that lawfully was in existence on December 31, 1987.
However, the business is subject to paragraphs (1) and (2) of
subdivision (a).
(g) A business engaged in rendering civil, electrical, or
mechanical engineering services may use in its name the name of a
deceased or retired person provided all of the following conditions
are satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner, or officer of
the business, or an owner, partner, or officer of the predecessor in
interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased business if it is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a).
(h) This section does not affect the provisions of Sections 6731.2
and 8726.1.
(i) A current organization record form shall be filed with the
board for all businesses engaged in rendering civil, electrical, or
mechanical engineering services.
SEC. 11. Section 6770 of the Business and Professions Code is
amended to read:
6770. (a) A licensee shall report to the board in writing the
occurrence of any of the following events that occurred on or after
January 1, 2008, within 90 days of the date the licensee has
knowledge of the event:
(1) The conviction of the licensee of any felony.
(2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed professional engineer.
(3) Any civil action judgment, settlement, arbitration award, or
administrative action resulting in a judgment, settlement, or
arbitration award against the licensee in any action alleging fraud,
deceit, misrepresentation, breach or violation of contract,
negligence, incompetence, or recklessness by the licensee in the
practice of professional engineering if the amount or value of the
judgment, settlement, or arbitration award is fifty thousand dollars
($50,000) or greater.
(b) The report required by subdivision (a) shall be signed by the
licensee and set forth the facts that constitute the reportable
event. If the reportable event involves the action of an
administrative agency or court, the report shall set forth the title
of the matter, court or agency name, docket number, and the date the
reportable event occurred.
(c) A licensee shall promptly respond to oral or written inquiries
from the board concerning the reportable events, including inquiries
made by the board in conjunction with license renewal.
(d) Nothing in this section shall impose a duty upon any licensee
to report to the board the occurrence of any of the events set forth
in subdivision (a) either by or against any other licensee.
(e) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
(f) For the purposes of this section, a conviction includes the
initial plea, verdict, or finding of guilt; a plea of no contest; or
pronouncement of sentence by a trial court even though the conviction
may not be final or sentence actually imposed until all appeals are
exhausted.
SEC. 12. Section 6770.6 of the Business and Professions Code is
amended to read:
6770.6. This article shall become operative on January 1, 2008,
only if an appropriation is made from the Professional Engineer's and
Land Surveyor's Fund for the 2007-08 fiscal year in the annual
Budget Act to fund the activities of this article, and sufficient
hiring authority is granted to the board pursuant to a budget change
proposal to provide sufficient staffing to implement this article.
SEC. 13. Section 6775.1 of the Business and Professions Code is
amended to read:
6775.1. The board may receive and investigate complaints against
engineers-in-training and make findings thereon.
By a majority vote, the board may revoke the certificate of any
engineer-in-training:
(a) Who has been convicted of a crime as defined in subdivision
(a) of Section 480.
(b) Who has committed any act that would be grounds for denial of
licensure pursuant to Section 480 or 496.
(c) Who has been found guilty of any fraud, deceit, or
misrepresentation in obtaining his or her engineer-in-training
certificate or certificate of registration, certification, or
authority as a professional engineer.
(d) Who aids or abets any person in the violation of any provision
of this chapter.
(e) Who violates Section 119 with respect to an
engineer-in-training certificate.
(f) Who commits any act described in Section 6787.
(g) Who violates any provision of this chapter.
SEC. 14. Section 6799 of the Business and Professions Code is
amended to read:
6799. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a
professional engineer and each application for authority level
designation at not more than four hundred dollars ($400), and for
each application for certification as an engineer-in-training at not
more than one hundred dollars ($100).
(b) The temporary authorization fee for a professional engineer at
not more than 25 percent of the application fee in effect on the
date of application.
(c) The renewal fee for each branch of professional engineering in
which licensure is held, and the renewal fee for each authority
level designation held, at no more than the professional engineer
application fee currently in effect.
(d) The fee for a retired license at not more than 50 percent of
the professional engineer application fee in effect on the date of
application.
(e) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(f) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an applicant
to be reimbursed the appeal fee if the appeal results in passage of
examination. The fee charged shall be no more than the costs incurred
by the board.
(g) All other document fees are to be set by the board by rule.
Applicants wishing to be examined in more than one branch of
engineering shall be required to pay the additional fee for each
examination after the first.
SEC. 15. Section 7058 of the Business and Professions Code is
amended to read:
7058. (a) A specialty contractor is a contractor whose operations
involve the performance of construction work requiring special skill
and whose principal contracting business involves the use of
specialized building trades or crafts.
(b) A specialty contractor includes a contractor whose operations
include the business of servicing or testing fire extinguishing
systems.
(c) A specialty contractor includes a contractor whose operations
are concerned with the installation and laying of carpets, linoleum,
and resilient floor covering.
(d) A specialty contractor includes a contractor whose operations
are concerned with preparing or removing roadway construction zones,
lane closures, flagging, or traffic diversions on roadways,
including, but not limited to, public streets, highways, or any
public conveyance.
SEC. 16. Section 7071.6 of the Business and Professions Code is
amended to read:
7071.6. (a) The board shall require as a condition precedent to
the issuance, reinstatement, reactivation, renewal, or continued
maintenance of a license, that the applicant or licensee file or have
on file a contractor's bond in the sum of twelve thousand five
hundred dollars ($12,500).
(b) Excluding the claims brought by the beneficiaries specified in
subdivision (a) of Section 7071.5, the aggregate liability of a
surety on claims brought against a bond required by this section
shall not exceed the sum of seven thousand five hundred dollars
($7,500). The bond proceeds in excess of seven thousand five hundred
dollars ($7,500) shall be reserved exclusively for the claims of the
beneficiaries specified in subdivision (a) of Section 7071.5.
However, nothing in this
section shall be construed so as to prevent any beneficiary specified
in subdivision (a) of Section 7071.5 from claiming or recovering the
full measure of the bond required by this section.
(c) No bond shall be required of a holder of a license that has
been inactivated on the official records of the board during the
period the license is inactive.
(d) Notwithstanding any other provision of law, as a condition
precedent to licensure, the board may require an applicant to post a
contractor's bond in twice the amount required pursuant to
subdivision (a) until the time that the license is renewed, under the
following conditions:
(1) The applicant has either been convicted of a violation of
Section 7028 or has been cited pursuant to Section 7028.7.
(2) If the applicant has been cited pursuant to Section 7028.7,
the citation has been reduced to a final order of the registrar.
(3) The violation of Section 7028, or the basis for the citation
issued pursuant to Section 7028.7, constituted a substantial injury
to the public.
SEC. 17. Section 7071.9 of the Business and Professions Code is
amended to read:
7071.9. (a) If the qualifying individual, as referred to in
Sections 7068 and 7068.1, is neither the proprietor, a general
partner, nor a joint licensee, he or she shall file or have on file a
qualifying individual's bond as provided in Section 7071.10 in the
sum of twelve thousand five hundred dollars ($12,500). This bond is
in addition to, and may not be combined with, any contractor's bond
required by Sections 7071.5 to 7071.8, inclusive, and is required for
the issuance, reinstatement, reactivation, or continued valid use of
a license.
(b) Excluding the claims brought by the beneficiaries specified in
paragraph (1) of subdivision (a) of Section 7071.10, the aggregate
liability of a surety on claims brought against the bond required by
this section shall not exceed the sum of seven thousand five hundred
dollars ($7,500). The bond proceeds in excess of seven thousand five
hundred dollars ($7,500) shall be reserved exclusively for the claims
of the beneficiaries specified in paragraph (1) of subdivision (a)
of Section 7071.10. However, nothing in this section shall be
construed to prevent any beneficiary specified in paragraph (1) of
subdivision (a) of Section 7071.10 from claiming or recovering the
full measure of the bond required by this section. This bond is in
addition to, and may not be combined with, any contractor's bond
required by Sections 7071.5 to 7071.8, inclusive, and is required for
the issuance, reinstatement, reactivation, or continued valid use of
a license.
(c) The responsible managing officer of a corporation shall not be
required to file or have on file a qualifying individual's bond, if
he or she owns 10 percent or more of the voting stock of the
corporation and certifies to that fact on a form prescribed by the
registrar.
SEC. 18. Section 8505.2 of the Business and Professions Code is
amended to read:
8505.2. Fumigation shall be performed only under the direct and
personal supervision of an individual who is licensed by the board as
an operator or field representative in a branch of pest control that
includes fumigation.
SEC. 19. Section 8505.3 of the Business and Professions Code is
amended to read:
8505.3. "Direct and personal supervision" as used in Section
8505.2 means that the Branch 1 licensee exercising that supervision
shall be present at the site of the fumigation during the entire time
the fumigants are being released, the time ventilation is commenced,
and at the time property is released for occupancy.
SEC. 20. Section 8505.4 of the Business and Professions Code is
amended to read:
8505.4. Fumigation shall be performed in compliance with all
applicable state, county, and city laws and ordinances and all
applicable laws and regulations of the United States.
SEC. 21. Section 8505.15 of the Business and Professions Code is
repealed.
SEC. 22. Section 8506.1 of the Business and Professions Code is
amended to read:
8506.1. A "registered company" is any sole proprietorship,
partnership, corporation, or other organization or any combination
thereof that is registered with the Structural Pest Control Board to
engage in the practice of structural pest control.
A registered company may secure structural pest control work,
submit bids, or otherwise contract for pest control work. A
registered company may employ licensed field representatives and
licensed operators to identify infestations or infections, make
inspections, and represent the company in the securing of pest
control work. A registered company may hire or employ individuals who
are not licensed under this chapter to perform work on contracts
covering wood-destroying organisms only after an operator or field
representative has fully completed the negotiation or signing of the
contract covering a given job.
A registered company may hire and use individuals who are not
licensed under this chapter on service contracts already established.
SEC. 23. Section 8507 of the Business and Professions Code is
amended to read:
8507. (a) "Structural pest control field representative" is any
individual who is licensed by the board to secure structural pest
control work, identify infestations or infections, make inspections,
apply pesticides, submit bids for or otherwise contract, on behalf of
a registered company.
A pest control field representative shall not contract for pest
control work or perform pest control work on his or her own behalf.
(b) As used in this chapter, "field representative" refers to
"structural pest control field representative."
SEC. 24. Section 8509 of the Business and Professions Code is
amended to read:
8509. "Branch office" is any fixed place of business in addition
to the location of the principal office for which the company
registration is issued, where records are kept, mail received,
statements rendered, money is collected, or requests are received for
service or bids, or information is given pertaining to the practice
of pest control, other than governmental offices.
SEC. 25. Section 8510 of the Business and Professions Code is
amended to read:
8510. For purposes of this chapter, "wood preservative" means any
coating formulated to protect wood surfaces from deterioration
caused by insects, fungus, rot, and decay and which contains a wood
preservative chemical that is registered with the Department of
Pesticide Regulation and the United States Environmental Protection
Agency.
SEC. 26. Section 8512 of the Business and Professions Code is
amended to read:
8512. "Employer" refers to a registered company that employs
operators, field representatives, applicators, and other individuals,
the latter not being required to be licensed under this chapter, who
work on pest control jobs under the supervision of an operator or
field representative.
SEC. 27. Section 8525 of the Business and Professions Code is
amended to read:
8525. The board, subject to the approval of the director, may, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, adopt, amend,
repeal, and enforce reasonably necessary rules and regulations
relating to the practice of pest control and its various branches as
established by Section 8560 and the administration of this chapter.
The board shall also consult with the Department of Pesticide
Regulation when developing or adopting regulations that may affect
the Department of Pesticide Regulation or the county agricultural
commissioner's responsibilities pursuant to Division 7 (commencing
with Section 12501) of the Food and Agricultural Code.
SEC. 28. Section 8551.5 of the Business and Professions Code is
amended to read:
8551.5. No unlicensed individual in the employ of a registered
company shall apply any pesticide, rodenticide, or allied chemicals
or substances for the purpose of eliminating, exterminating,
controlling, or preventing infestation or infections of pests, or
organisms included in Branch 2 or Branch 3. However, an individual
may, for 30 days from the date of employment, apply pesticides,
rodenticides, or allied chemicals or substances for the purposes of
training under the direct supervision of a licensed field
representative or operator employed by the company. This direct
supervision means in the presence of the licensed field
representative or operator at all times. The 30-day time period may
not be extended.
SEC. 29. Section 8565.5 of the Business and Professions Code is
amended to read:
8565.5. (a) An applicant for a Branch 1 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Fumigation safety.
(b) An applicant for a Branch 2 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(c) An applicant for a Branch 3 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Construction repair and preservation techniques.
SEC. 30. Section 8591 of the Business and Professions Code is
amended to read:
8591. If delinquency in the payment of the fee for renewal of any
license extends beyond three months, the license shall not be
reinstated and the licensee shall be required to obtain a new license
in accordance with the provisions of Article 4 (commencing with
Section 8560).
SEC. 31. Section 8592 of the Business and Professions Code is
amended to read:
8592. Any licensee whose license is under suspension may make
application for renewal of his or her license as provided in this
article, but the board may not renew his or her license until the
suspension has been lifted.
SEC. 32. Section 8610 of the Business and Professions Code is
amended to read:
8610. (a) Every company that engages in the practice of
structural pest control, as a sole proprietorship, partnership,
corporation, or other organization or any combination thereof, shall
be registered with the Structural Pest Control Board. Each
application for a company registration shall include the name of the
company's owner if it is a sole proprietorship, the names of the
partners, if it is a partnership, or the names of its officers and
shareholders with 10 percent or more ownership interest, if it is a
corporation, and the address of the company's principal office in
this state.
(b) (1) A company registration shall not be issued to an applicant
that has an officer, director, qualifying manager, responsible
managing employee, or an individual who otherwise exercises dominion
or control over the company, whose license or registration is revoked
or suspended at the time of the application as the result of
disciplinary action pursuant to this chapter.
(2) A company registration shall not be issued to an applicant
that has an officer, director, qualifying manager, responsible
managing employee, or an individual who otherwise exercises dominion
or control over the company, who owns or has owned in the past more
than a 10 percent interest in another sole proprietorship,
partnership, corporation, or other organization that has its license
or registration revoked or suspended at the time of the application
as the result of disciplinary action pursuant to this chapter.
(c) Each registered company shall designate an individual or
individuals who hold an operator's license to act as its qualifying
manager or managers. The qualifying manager or managers must be
licensed in each branch of pest control in which the company engages
in business. The designated qualifying manager or managers shall
supervise the daily business of the company and shall be available to
supervise and assist all employees of the company, in accordance
with regulations which the board may establish.
(d) No individual who holds an operator's license shall act as a
qualifying manager for more than two registered companies.
(1) Any individual, who on January 1, 2008, is acting as the
qualifying manager for more than two registered companies shall
comply with this subdivision by January 1, 2010.
(2) Commencing January 1, 2010, failure to comply with this
subdivision shall result in the disassociation of the qualifying
manager and the automatic suspension of the company's registration.
(3) This subdivision shall not apply to a company engaging in the
practice of structural pest control as a corporation and which has an
additional company or companies operating under that corporation and
doing business in a name other than the corporation name.
SEC. 33. Section 8611 of the Business and Professions Code is
amended to read:
8611. Each branch office shall have a branch supervisor
designated by the registered company to supervise and assist the
company's employees who are located at that branch. The branch
supervisor shall be an individual who is licensed by the board as an
operator or a field representative and his or her license shall be
prominently displayed in the branch office.
If a branch supervisor ceases for any reason to be connected with
a registered company, the company shall notify the registrar in
writing within 10 days from that cessation. If this notice is given,
the company's branch office registration shall remain in force for a
reasonable length of time to be determined by rules of the board,
during which period the company shall submit to the registrar in
writing the name of another qualified branch supervisor.
SEC. 34. Section 8612 of the Business and Professions Code is
amended to read:
8612. The licenses of qualifying managers and company
registrations shall be prominently displayed in the registered
company's office, and no registration issued hereunder shall
authorize the company to do business except from the location for
which the registration was issued. Each registered company having a
branch office or more than one branch office shall be required to
display its branch office registration prominently in each branch
office it maintains.
When a registered company opens a branch office it shall notify
the registrar in writing on a form prescribed by the board and issued
by the registrar in accordance with rules and regulations adopted by
the board. The notification shall include the name of the individual
designated as the branch supervisor and shall be submitted with the
fee for a branch office prescribed by this chapter.
SEC. 35. Section 8617 of the Business and Professions Code is
amended to read:
8617. (a) The board or county agricultural commissioners, when
acting pursuant to Section 8616.4, may suspend the right of a
structural pest control licensee or registered company to work in a
county for up to three working days or, for a licensee, registered
company, or an unlicensed individual acting as a licensee, may levy
an administrative fine up to one thousand dollars ($1,000) or direct
the licensee to attend and pass a board-approved course of
instruction at a cost not to exceed the administrative fine, or both,
for each violation of this chapter or Chapter 14.5 (commencing with
Section 8698), or any regulations adopted pursuant to these chapters,
or Chapter 2 (commencing with Section 12751), Chapter 3 (commencing
with Section 14001), Chapter 3.5 (commencing with Section 14101), or
Chapter 7 (commencing with Section 15201) of Division 7 of the Food
and Agricultural Code, or any regulations adopted pursuant to those
chapters, relating to pesticides. However, any violation determined
by the board or the commissioner to be a serious violation as defined
in Section 1922 of Title 16 of the California Code of Regulations
shall be subject to a fine of not more than five thousand dollars
($5,000) for each violation. Fines collected shall be paid to the
Education and Enforcement Account in the Structural Pest Control
Education and Enforcement Fund. Suspension may include all or part of
the registered company's business within the county based on the
nature of the violation, but shall, whenever possible, be restricted
to that portion of a registered company's business in a county that
was in violation.
(b) A licensee who passes a course pursuant to this section shall
not be awarded continuing education credit for that course.
(c) Before a suspension action is taken, a fine levied, or a
licensee is required to attend and pass a board-approved course of
instruction, the person charged with the violation shall be provided
a written notice of the proposed action, including the nature of the
violation, the amount of the proposed fine or suspension, or the
requirement to attend and pass a board-approved course of
instruction. The notice of proposed action shall inform the person
charged with the violation that if he or she desires a hearing before
the commissioner issuing the proposed action to contest the finding
of a violation, that hearing shall be requested by written notice to
the commissioner within 20 days of the date of receipt of the written
notice of proposed action.
A notice of the proposed action that is sent by certified mail to
the last known address of the person charged shall be considered
received even if delivery is refused or the notice is not accepted at
that address.
If a hearing is requested, notice of the time and place of the
hearing shall be given at least 10 days before the date set for the
hearing. At the hearing, the person shall be given an opportunity to
review the commissioner's evidence and a right to present evidence on
his or her own behalf. If a hearing is not requested within the
prescribed time, the commissioner may take the action proposed
without a hearing.
(d) If the person upon whom the commissioner imposed a fine or
suspension or required attendance at a board-approved course of
instruction requested and appeared at a hearing before the
commissioner, the person may appeal the commissioner's decision to
the Disciplinary Review Committee and shall be subject to the
procedures in Section 8662.
(e) If a suspension or fine is ordered, it may not take effect
until 20 days after the date of the commissioner's decision if no
appeal is filed. If an appeal pursuant to Section 8662 is filed, the
commissioner's order shall be stayed until 30 days after the
Disciplinary Review Committee has ruled on the appeal.
(f) Failure of a licensee or registered company to pay a fine
within 30 days of the date of assessment or to comply with the order
of suspension, unless the citation is being appealed, may result in
disciplinary action being taken by the board.
Where a citation containing a fine is issued to a licensee and it
is not contested or the time to appeal the citation has expired and
the fine is not paid, the full amount of the assessed fine shall be
added to the fee for renewal of that license. A license shall not be
renewed without payment of the renewal fee and fine.
Where a citation containing a fine is issued to a registered
company and it is not contested or the time to appeal the citation
has expired and the fine is not paid, the board shall not sell to the
registered company any pesticide use stamps until the assessed fine
has been paid.
Where a citation containing the requirement that a licensee attend
and pass a board-approved course of instruction is not contested or
the time to appeal the citation has expired and the licensee has not
attended and passed the required board-approved course of
instruction, the licensee's license shall not be renewed without
proof of attendance and passage of the required board-approved course
of instruction.
(g) Once final action pursuant to this section is taken, no other
administrative or civil action may be taken by any state governmental
agency for the same violation. However, action taken pursuant to
this section may be used by the board as evidence of prior
discipline, and multiple local actions may be the basis for statewide
disciplinary action by the board pursuant to Section 8620. A
certified copy of the order of suspension or fine issued pursuant to
this section or Section 8662 shall constitute conclusive evidence of
the occurrence of the violation.
(h) Where the board is the party issuing the notice of proposed
action to suspend or impose a fine pursuant to subdivision (a),
"commissioner" as used in subdivisions (c), (d), and (e) includes the
board's registrar.
SEC. 36. Section 8712 of the Business and Professions Code is
repealed.
SEC. 37. Section 8712 is added to the Business and Professions
Code, to read:
8712. The board shall compile and maintain, or may have compiled
and maintained on its behalf, a register of all licensed land
surveyors that includes the following information for each licensee:
(a) Name.
(b) Address of record.
(c) Type of branch license.
(d) License number.
(e) The date the license was issued.
(f) The date the license will expire.
SEC. 38. Section 8776 of the Business and Professions Code is
amended to read:
8776. (a) A licensee shall report to the board in writing the
occurrence of any of the following events that occurred on or after
January 1, 2008, within 90 days of the date the licensee has
knowledge of the event:
(1) The conviction of the licensee of any felony.
(2) The conviction of the licensee of any other crime that is
substantially related to the qualifications, functions, and duties of
a licensed land surveyor.
(3) Any civil action judgment, settlement, arbitration award, or
administrative action resulting in a judgment, settlement, or
arbitration award against the licensee in any action alleging fraud,
deceit, misrepresentation, breach or violation of contract,
negligence, incompetence, or recklessness by the licensee in the
practice of land surveying if the amount or value of the judgment,
settlement, or arbitration award is fifty thousand dollars ($50,000)
or greater.
(b) The report required by subdivision (a) shall be signed by the
licensee and set forth the facts that constitute the reportable
event. If the reportable event involves the action of an
administrative agency or court, the report shall set forth the title
of the matter, court or agency name, docket number, and the dates the
reportable event occurred.
(c) A licensee shall promptly respond to oral or written inquiries
from the board concerning the reportable events, including inquiries
made by the board in conjunction with license renewal.
(d) Nothing in this section shall impose a duty upon any licensee
to report to the board the occurrence of any of the events set forth
in subdivision (a) either by or against any other licensee.
(e) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
(f) For purposes of this section, a conviction includes the
initial plea, verdict, or finding of guilt; a plea of no contest; or
pronouncement of sentence by a trial court even though the conviction
may not be final or sentence actually imposed until all appeals are
exhausted.
SEC. 39. Section 8776.7 of the Business and Professions Code is
amended to read:
8776.7. This article shall become operative on January 1, 2008,
only if an appropriation is made from the Professional Engineer's and
Land Surveyor's Fund for the 2007-08 fiscal year in the annual
Budget Act to fund the activities of this article, and sufficient
hiring authority is granted to the board pursuant to a budget change
proposal to provide sufficient staffing to implement this article.
SEC. 40. Section 8780.1 of the Business and Professions Code is
amended to read:
8780.1. The board may receive and investigate complaints against
land surveyors-in-training and make findings thereon.
By a majority vote, the board may revoke the certificate of any
land surveyor-in-training:
(a) Who has been convicted of a crime as defined in subdivision
(a) of Section 480.
(b) Who has committed any act that would be grounds for denial of
a license pursuant to Section 480 or 496.
(c) Who has been found guilty of any fraud, deceit, or
misrepresentation in obtaining his or her land surveyor-in-training
certificate or license as a professional land surveyor.
(d) Who aids or abets any person in the violation of any provision
of this chapter.
(e) Who violates Section 119 with respect to a land
surveyor-in-training certificate.
(f) Who commits any act described in Section 8792.
(g) Who violates any provision of this chapter.
SEC. 41. Section 8805 of the Business and Professions Code is
amended to read:
8805. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a land
surveyor at not more than four hundred dollars ($400), and for each
application for certification as a land surveyor-in-training (LSIT)
at not more than one hundred dollars ($100).
(b) The renewal fee for a land surveyor at not more than the
application fee.
(c) The fee for a retired license at not more than 50 percent of
the professional land surveyor application fee in effect on the date
of application.
(d) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(e) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an applicant
to be reimbursed the appeal fee if the appeal results in passage of
examination. The fee shall be no more than the costs incurred by the
board.
(f) All other document fees are to be set by the board by rule.
SEC. 42. Section 9812.5 of the Business and Professions Code is
amended to read:
9812.5. The director shall gather evidence of violations of this
chapter and of any regulation established hereunder by any service
contractor, whether registered or not, and by any employee, partner,
officer, or member of any service contractor. The director shall, on
his or her own initiative, conduct spot check investigations of
service contractors throughout the state on a continuous basis. This
section shall remain in
effect only until January 1, 2013, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2013, deletes or extends that date.
SEC. 43. Section 9830.5 of the Business and Professions Code is
amended to read:
9830.5. Each service contractor shall pay the fee required by
this chapter for each place of business operated by him or her in
this state and shall register with the bureau upon forms prescribed
by the director. The forms shall contain sufficient information to
identify the service contractor, including name, address, retail
seller's permit number, if a permit is required under the Sales and
Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of
the Revenue and Taxation Code), a copy of the certificate of
qualification as filed with the Secretary of State if the service
contractor is a foreign corporation, and other identifying data to be
prescribed by the bureau. If the business is to be carried on under
a fictitious name, that fictitious name shall be stated. If the
service contractor is a partnership, identifying data shall be stated
for each partner. If the service contractor is a private company
that does not file an annual report on Form 10-K with the Securities
and Exchange Commission, data shall be included for each of the
officers and directors of the company as well as for the individual
in charge of each place of the service contractor's business in the
State of California, subject to any regulations the director may
adopt. If the service contractor is a publicly held corporation or a
private company that files an annual report on Form 10-K with the
Securities and Exchange Commission, it shall be sufficient for
purposes of providing data for each of the officers and directors of
the corporation or company to file with the director the most recent
annual report on Form 10-K that is filed with the Securities and
Exchange Commission.
A service contractor who does not operate a place of business in
this state but who sells, issues, or administers service contracts in
this state, shall hold a valid registration issued by the bureau and
shall pay the registration fee required by this chapter as if he or
she had a place of business in this state.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 44. Section 9831 of the Business and Professions Code is
amended to read:
9831. Upon receipt of the form properly filled out and receipt of
the required fee, the director shall, provided the applicant has not
committed acts or crimes constituting grounds for denial of
licensure under Section 480, issue the registration and send a proof
of issuance to the service dealer. The director shall by regulation
prescribe conditions upon which a person whose registration has
previously been revoked or has previously been denied, may have his
or her registration issued.
SEC. 45. Section 9832.5 of the Business and Professions Code is
amended to read:
9832.5. (a) Registrations issued under this chapter shall expire
no more than 12 months after the issue date. The expiration date of
registrations shall be set by the director in a manner to best
distribute renewal procedures throughout the year.
(b) To renew an unexpired registration, the service contractor
shall, on or before the expiration date of the registration, apply
for renewal on a form prescribed by the director, and pay the renewal
fee prescribed by this chapter.
(c) To renew an expired registration, the service contractor shall
apply for renewal on a form prescribed by the director, pay the
renewal fee in effect on the last regular renewal date, and pay all
accrued and unpaid delinquency and renewal fees.
(d) Renewal is effective on the date that the application is
filed, the renewal fee is paid, and all delinquency fees are paid.
(e) For purposes of implementing the distribution of the renewal
of registrations throughout the year, the director may extend, by not
more than six months, the date fixed by law for renewal of a
registration, except that, in that event, any renewal fee that may be
involved shall be prorated in such a manner that no person shall be
required to pay a greater or lesser fee than would have been required
had the change in renewal dates not occurred.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2013, deletes or extends
that date.
SEC. 46. Section 9841 of the Business and Professions Code is
amended to read:
9841. (a) The director may deny, suspend, revoke, or place on
probation the registration of a service dealer for any of the
following acts or omissions done by himself or herself or any
employee, partner, officer, or member of the service dealer and
related to the conduct of his or her business:
(1) Making or authorizing any statement or advertisement that is
untrue or misleading, and that is known, or which by the exercise of
reasonable care should be known, to be untrue or misleading.
(2) Making any false promises of a character likely to influence,
persuade, or induce a customer to authorize the repair, installation,
service, or maintenance of the equipment as specified by this
chapter.
(3) Any other conduct that constitutes fraud or dishonest dealing.
(4) Conduct constituting incompetence or negligence.
(5) Failure to comply with the provisions of this chapter or any
regulation, rule, or standard established pursuant to this chapter.
(6) Any willful departure from or disregard of accepted trade
standards for good and workmanlike installation or repair.
(7) Conviction of a crime that has a substantial relationship to
the qualifications, functions and duties of a registrant under this
chapter, in which event the record of the conviction shall be
conclusive evidence thereof.
(8) A violation of any order of the bureau made pursuant to this
chapter.
(b) The director may also deny, or may suspend, revoke, or place
on probation, the registration of a service dealer if the applicant
or registrant, as the case may be, has committed acts or crimes
constituting grounds for denial of licensure under Section 480.
(c) The director may also deny, or may suspend, revoke, or place
on probation, the registration of a service dealer if the applicant
or registrant, as the case may be, will be or is holding the
registration for the benefit of a former registrant whose
registration has been suspended or revoked and who will continue to
have some involvement in the applicant's or new registrant's
business.
SEC. 47. Section 9847.5 of the Business and Professions Code is
amended to read:
9847.5. Each service contractor shall maintain those records as
are required by the regulations adopted to carry out the provisions
of this chapter for a period of at least three years. These records
shall be open for reasonable inspection by the director or other law
enforcement officials.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 48. Section 9848 of the Business and Professions Code is
amended to read:
9848. All proceedings to deny registration or suspend, revoke, or
place on probation a registration shall be conducted pursuant to
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
SEC. 49. Section 9849 of the Business and Professions Code, as
amended by Section 23 of Chapter 405 of the Statutes of 2002, is
amended to read:
9849. The expiration of a valid registration shall not deprive
the director of jurisdiction to proceed with any investigation or
hearing on a cease and desist order against a service dealer or
service contractor or to render a decision to suspend, revoke, or
place on probation a registration.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 50. Section 9849 of the Business and Professions Code, as
amended by Section 22 of Chapter 405 of the Statutes of 2002, is
amended to read:
9849. The expiration of a valid registration shall not deprive
the director of jurisdiction to proceed with any investigation or
hearing on a cease and desist order against a service dealer or to
render a decision to suspend, revoke, or place on probation a
registration.
This section shall become operative on January 1, 2013.
SEC. 51. Section 9851 of the Business and Professions Code, as
amended by Section 25 of Chapter 405 of the Statutes of 2002, is
amended to read:
9851. The superior court in and for the county wherein any person
carries on, or attempts to carry on, business as a service dealer or
service contractor in violation of the provisions of this chapter,
or any regulation thereunder, shall, on application of the director,
issue an injunction or other appropriate order restraining that
conduct.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the director shall not be required to
allege facts necessary to show or tending to show lack of an adequate
remedy at law or irreparable injury.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 52. Section 9851 of the Business and Professions Code, as
amended by Section 24 of Chapter 405 of the Statutes of 2002, is
amended to read:
9851. The superior court in and for the county wherein any person
carries on, or attempts to carry on, business as a service dealer in
violation of the provisions of this chapter, or any regulation
thereunder, shall, on application of the director, issue an
injunction or other appropriate order restraining that conduct.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the director shall not be required to
allege facts necessary to show or tending to show lack of an adequate
remedy at law or irreparable injury.
This section shall become operative on January 1, 2013.
SEC. 53. Section 9853 of the Business and Professions Code, as
amended by Section 27 of Chapter 405 of the Statutes of 2002, is
amended to read:
9853. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge substantially related to the
qualifications, functions, and duties of a service dealer or service
contractor is deemed to be a conviction within the meaning of this
article. The director may suspend, revoke, or place on probation a
registration, or may deny registration, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under Section 1203.4
of the Penal Code, allowing that person to withdraw his or her plea
of guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 54. Section 9853 of the Business and Professions Code, as
amended by Section 26 of Chapter 405 of the Statutes of 2002, is
amended to read:
9853. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge substantially related to the
qualifications, functions, and duties of a service dealer is deemed
to be a conviction within the meaning of this article. The director
may suspend, revoke, or place on probation a registration, or may
deny registration, when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing that person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment.
This section shall become operative on January 1, 2013.
SEC. 55. Section 9855.7 of the Business and Professions Code is
amended to read:
9855.7. The director may deny, or may suspend, revoke, or place
on probation the registration of a service contractor for any act,
omission, or crime that is committed by the service contractor or any
employee, partner, officer, or agent of the service contractor for
any of the following reasons:
(a) Any conduct that constitutes fraud or dishonest dealing.
(b) Conviction of a crime that has a substantial relationship to
the qualifications, functions and duties of a registrant under this
chapter, in which event the record of conviction shall be conclusive
evidence thereof.
(c) Assisting in or abetting the violation of, or conspiring to
violate, any provision of this article, or of regulations adopted
under this article.
SEC. 56. Section 9855.8 of the Business and Professions Code is
amended to read:
9855.8. (a) The director may issue a citation to the service
contractor for any of the following reasons:
(1) Violation of subdivision (a) of Section 9855.3 or Section
9855.5, or any regulation adopted thereunder.
(2) Upon a determination by the director that the service
contractor has committed a violation by (A) making or authorizing
statements or advertisements which are untrue or misleading; or (B)
making false promises of a character likely to influence, persuade,
or induce a customer to purchase a service contract as provided by
this chapter.
(3) For purposes of this section, a violation consists of a single
publication or single course of conduct that is determined by the
director to be untrue or misleading.
(b) The citation may contain an order of abatement and an order to
pay an administrative fine assessed by the director.
(1) Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a specific
reference to the provision of law determined to have been violated.
(2) Where appropriate, the citation shall contain an order of
abatement fixing a reasonable time for abatement of the violation.
(3) A citation or fine assessment issued pursuant to a citation
shall inform the service contractor that if he or she desires a
hearing to contest the finding of a violation, that hearing shall be
requested by written notice to the bureau within 30 days of the date
of issuance of the citation or assessment. If a hearing is not
requested pursuant to this section, payment of any fine shall not
constitute an admission of the violation charged. Hearings shall be
held pursuant to Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(4) (A) In addition to requesting a hearing as provided for
herein, the service contractor may request a citation review
conference with the director or his or her designee regarding the
acts charged in the citation. A citation review conference shall be
requested by written notice to the bureau within 20 days of the date
of the issuance of the citation or assessment.
(B) The director or his or her designee shall hold a citation
review conference within 60 days from the receipt of the request. At
the conclusion of the citation review conference, the director or his
or her designee shall state, in writing, the reasons for his or her
action and transmit a copy of his or her findings and decision to the
service contractor.
(5) The failure of a service contractor to pay a fine within 30
days of the date of assessment, unless the citation is being
appealed, may result in disciplinary action being taken by the
director. Where a citation is not contested and a fine is not paid,
the full amount of the assessed fine shall be added to the fee for
renewal of the registration. A registration shall not be renewed
without payment of the renewal fee and fine.
(c) Where a citation includes an administrative fine, it shall be
issued in accordance with the following procedures:
(1) For the first citation, the director may assess an
administrative fine of not less than one hundred dollars ($100) but
not more than five hundred dollars ($500).
(2) For the second citation issued during any one-year period, the
director may assess an administrative fine of not less than five
hundred dollars ($500) but not more than one thousand dollars
($1,000).
(3) For the third citation issued during any two-year period, the
director may assess an administrative fine of not less than one
thousand dollars ($1,000) but not more than two thousand dollars
($2,000).
(4) For the fourth violation of subdivision (a) of Section 9855.3
or of Section 9855.5, or any regulation adopted thereunder, during
any two-year period, the director may either assess an administrative
fine of not less than one thousand dollars ($1,000) but not more
than two thousand dollars ($2,000) or suspend, revoke, or place on
probation a registration of the service contractor.
SEC. 57. Section 9855.9 of the Business and Professions Code is
amended to read:
9855.9. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 58. Section 9860 of the Business and Professions Code, as
amended by Section 30 of Chapter 405 of the Statutes of 2002, is
amended to read:
9860. The director shall establish procedures for accepting
complaints from the public against any service dealer or service
contractor.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 59. Section 9860 of the Business and Professions Code, as
amended by Section 29 of Chapter 405 of the Statutes of 2002, is
amended to read:
9860. The director shall establish procedures for accepting
complaints from the public against any service dealer.
This section shall become operative on January 1, 2013.
SEC. 60. Section 9862.5 of the Business and Professions Code is
amended to read:
9862.5. If a complaint indicates a possible violation of this
chapter or of the regulations adopted pursuant to this chapter, the
director may advise the service contractor of the contents of the
complaint and, if the service contractor is so advised, the director
shall make a summary investigation of the facts after the service
dealer has had reasonable opportunity to reply thereto.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 61. Section 9863 of the Business and Professions Code, as
amended by Section 33 of Chapter 405 of the Statutes of 2002, is
amended to read:
9863. If, upon summary investigation, it appears probable to the
director that a violation of this chapter, or the regulations
thereunder, has occurred, the director, in his or her discretion, may
suggest measures that in the director's judgment would compensate
the complainant for the damages he or she has suffered as a result of
the alleged violation. If the service dealer or service contractor
accepts the director's suggestions and performs accordingly, the
director shall give that fact due consideration in any subsequent
disciplinary proceeding. If the service dealer or service contractor
declines to abide by the suggestions of the director, the director
may investigate further and may institute disciplinary proceedings in
accordance with the provisions of this chapter.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 62. Section 9863 of the Business and Professions Code, as
amended by Section 32 of Chapter 405 of the Statutes of 2002, is
amended to read:
9863. If, upon summary investigation, it appears probable to the
director that a violation of this chapter, or the regulations
thereunder, has occurred, the director, in his or her discretion, may
suggest measures that in the director's judgment would compensate
the complainant for the damages he or she has suffered as a result of
the alleged violation. If the service dealer accepts the director's
suggestions and performs accordingly, the director shall give that
fact due consideration in any subsequent disciplinary proceeding. If
the service dealer declines to abide by the suggestions of the
director, the director may investigate further and may institute
disciplinary proceedings in accordance with the provisions of this
chapter.
This section shall become operative on January 1, 2013.
SEC. 63. Section 9873 of the Business and Professions Code, as
amended by Section 35 of Chapter 405 of the Statutes of 2002, is
amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) (1) The initial registration fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than one hundred sixty-five dollars ($165) for
each place of business in this state. The initial registration fee
for a service contractor is not more than seventy-five dollars ($75)
for each place of business in this state.
(2) The initial registration fee for a person who engages in
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than three
hundred twenty-five dollars ($325) for each place of business in this
state. The initial registration fee for a person who is a service
contractor and engages in business as either an electronic repair
industry service dealer or an appliance repair industry service
dealer is not more than two hundred forty dollars ($240) for each
place of business in this state.
(3) The initial registration fee for a person who engages in both
the electronic repair industry and the appliance repair industry as a
service dealer and is a service contractor is not more than four
hundred dollars ($400) for each place of business in this state.
(4) On or after January 1, 2000, the initial registration fee for
a service contractor described in subdivision (e) of Section 12741 of
the Insurance Code shall be set by the director in an amount not to
exceed the actual and direct costs associated with the regulation of
those service contractors, but in no event more than fifty thousand
dollars ($50,000).
A service dealer or service contractor who does not operate a
place of business in this state, but engages in the electronic repair
industry, the appliance repair industry, or sells, issues, or
administers service contracts in this state shall pay the
registration fee specified herein as if he or she had a place of
business in this state.
(b) (1) The annual registration renewal fee for an electronic
repair industry service dealer or for an appliance repair industry
service dealer is not more than one hundred sixty-five dollars ($165)
for each place of business in this state, if renewed prior to its
expiration date. The annual registration renewal fee for a service
contractor is seventy-five dollars ($75) for each place of business
in this state, if renewed prior to its expiration date.
(2) The annual renewal fee for a service dealer who engages in the
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than three
hundred dollars ($300) for each place of business in this state.
(3) The annual renewal fee for a service dealer who engages in the
electronic repair industry and the appliance repair industry and is
a service contractor is not more than three hundred seventy-five
dollars ($375) for each place of business in this state.
(4) It is the intent of the Legislature that the amount of the
annual registration renewal fee for a service contractor described in
subdivision (e) of Section 12741 of the Insurance Code shall be
evaluated and set by the Legislature.
A service dealer or service contractor who does not operate a
place of business in this state, but who engages in the electronic
repair industry, the appliance repair industry, or sells or issues
service contracts in this state shall pay the registration fee
specified herein as if he or she had a place of business in this
state.
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute,
which is enacted before January 1, 2013, deletes or extends that
date.
SEC. 64. Section 9873 of the Business and Professions Code, as
amended by Section 34 of Chapter 405 of the Statutes of 2002, is
amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) The initial registration fee for an electronic repair industry
service dealer or for an appliance repair industry service dealer is
not more than one hundred sixty-five dollars ($165) for each place
of business in this state. The initial registration fee for a person
who engages in business as both an electronic repair industry service
dealer and an appliance repair industry service dealer is not more
than three hundred twenty-five dollars ($325).
(b) The annual registration renewal fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than one hundred sixty-five dollars ($165) for
each place of business in this state, if renewed prior to its
expiration date. The annual
renewal fee for a service dealer who engages in the business
as both an electronic repair industry service dealer and an appliance
repair industry service dealer is not more than three hundred
dollars ($300).
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
This section shall become operative on January 1, 2013.
SEC. 65. Section 9884.20 is added to the Business and Professions
Code, to read:
9884.20. All accusations against automotive repair dealers shall
be filed within three years after the performance of the act or
omission alleged as the ground for disciplinary action, except that
with respect to an accusation alleging fraud or misrepresentation as
a ground for disciplinary action, the accusation may be filed within
two years after the discovery, by the bureau, of the alleged facts
constituting the fraud or misrepresentation.
SEC. 66. Section 19008.1 of the Business and Professions Code is
amended to read:
19008.1. "Used" means furniture or bedding that has been
previously owned or used by another individual.
SEC. 67. Section 19129 of the Business and Professions Code is
amended to read:
19129. Secondhand or used bedding and any secondhand or used
article that can be used for sleeping purposes shall be sanitized
under the provisions of this chapter before being sold.
SEC. 68. Section 19132 of the Business and Professions Code is
amended to read:
19132. New or sanitized articles of bedding or materials shall at
all times be kept separate from any secondhand or used articles or
materials that are unsanitized.
SEC. 69. Section 19170.5 of the Business and Professions Code is
amended to read:
19170.5. (a) Except as provided in Section 19170.3, licenses
issued under this chapter expire two years from the date of issuance.
To renew his or her license, a licensee shall, on or before the date
on which it would otherwise expire, apply for renewal on a form
prescribed by the chief, and pay the fees prescribed by Sections
19170 and 19213.1. If a licensee fails to renew his or her license
before its expiration, a delinquency fee of 20 percent, but not more
than one hundred dollars ($100), notwithstanding the provisions of
Section 163.5, shall be added to the renewal fee. If the renewal fee
and delinquency fee are not paid within 90 days after expiration of a
license, the licensee shall be assessed an additional penalty fee of
30 percent of the renewal fee.
(b) Except as otherwise provided in this chapter, a licensee may
renew an expired license within six years after expiration of the
license by filing an application for renewal on a form prescribed by
the bureau, and paying all accrued renewal, delinquent, and penalty
fees.
(c) A license that is not renewed within six years of its
expiration shall not be renewed, restored, reinstated, or reissued,
but the holder of the license may apply for and obtain a new license
if both of the following requirements are satisfied:
(1) No fact, circumstance, or condition exists which would justify
denial of licensure under Section 480.
(2) The licensee pays all renewal, delinquency, and penalty fees
that have accrued since the date on which the license was last
renewed.
(d) The bureau may impose conditions on any license issued
pursuant to subdivision (c).
SEC. 70. Section 60.1 of the Probate Code is amended to read:
60.1. (a) "Professional fiduciary" means a person who is a
professional fiduciary as defined under subdivision (f) of Section
6501 of the Business and Professions Code.
(b) On and after January 1, 2009, no person shall act or hold
himself or herself out to the public as a professional fiduciary
unless he or she is licensed as a professional fiduciary under
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code.
SEC. 71. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.