BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1260|
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                                 THIRD READING


          Bill No:  AB 1260
          Author:   Huffman (D)
          Amended:  4/20/09 in Assembly
          Vote:     21

           
           SENATE BUS., PROF. & ECON. DEV. COMMITTEE  :  9-0, 7/6/09
          AYES:  Negrete McLeod, Wyland, Aanestad, Corbett, Correa,  
            Florez, Romero, Walters, Yee
          NO VOTE RECORDED:  Oropeza

           ASSEMBLY FLOOR  :  62-16, 5/11/09 - See last page for vote


           SUBJECT  :    Acupuncture

           SOURCE  :     California Acupuncture Board


           DIGEST  :    This bill changes the number of members required  
          to establish a quorum to conduct business for the  
          California Acupuncture Board from five to four members,  
          including at least one acupuncturist.

           ANALYSIS  :    

          Existing law:

          1. Provides for the licensure and regulation of the  
             practice of acupuncture and establishes the California  
             Acupuncture Board (Board) to enforce and administer  
             these provisions.

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          2. Specifies that the Board is comprised of seven members,  
             made up of three acupuncturists and four public members.  
              States that five members constitute a quorum to conduct  
             business.

          3. Requires an affirmative vote of a majority of those  
             present at a meeting of the Board to take any action or  
             pass any motion.

          This bill changes the number of members required to  
          establish a quorum to conduct business for the Board from  
          five to four members, including at least one acupuncturist.

           Background
           
          Prior to 2006, the Acupuncture License Act provided that  
          the Board would consist of nine members.  On July 1, 2006,  
          the Board sunseted and SB 248 (Figueroa), Chapter 659,  
          Statutes of 2005, repealed the old Board and created a  
          reconstituted Board of seven members.  Three of the seven  
          members of the Board must be acupuncturists with at least  
          five years of experience in acupuncture and four of the  
          members shall be public members who do not hold a license  
          or certificate as a physician and surgeon or acupuncturist.  
           The Governor appoints the three acupuncturist members and  
          two of the public members, subject to the confirmation of  
          the State Senate.  The Senate Rules Committee and the  
          Speaker of the Assembly each appoint a public member.  Each  
          of the members serves a four-year term.  

          Although the Board was reconstituted in 2006, the number of  
          members required to establish a quorum remained at five  
          members.  Subsequent legislation extending the sunset date  
          of the Board did not change this quorum requirement.

           Prior legislation

          SB 248 (Figueroa), Chapter 659, Statutes of 2005  , appointed  
          a new Board with seven members, and sunseted the Board on  
          July 1, 2008.

           SB 963 (Ridley-Thomas), Chapter 385, Statutes of 2008   
          further extended the sunset date of the Board to January 1,  
          2011.







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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  7/7/09)

          California Acupuncture Board (source)
          Council of Acupuncture and Oriental Medicine Associations


           ARGUMENTS IN SUPPORT  :    According to the California  
          Acupuncture Board, the sponsor of this bill, this bill is  
          necessary for the Board to conduct business.  The author's  
          office states that in January 2003, legislation went into  
          effect changing the Board quorum requirement from a  
          majority of the appointed members to five members.   At  
          that time, the Board consisted of nine members.  In January  
          2006, the Board was reconstituted with the nine-member  
          Board being repealed and a new seven-member Board was  
          created.  However, no change was made to the quorum  
          requirement when the Board membership was reduced.  The  
          author's office further points that that if there are  
          vacancies on the Board and/or if one member is unable to  
          make a meeting, there is a potential for not having a  
          quorum to conduct business.  Two meetings had to be  
          cancelled last year due to the lack of a quorum.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,  
            Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,  
            Emmerson, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Galgiani, Gilmore, Hall, Harkey, Hayashi, Hernandez,  
            Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Nielsen,  
            V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Tran, Yamada, Bass
          NOES:  Anderson, Tom Berryhill, Blakeslee, Charles  
            Calderon, Fletcher, Fuller, Gaines, Garrick, Hagman,  
            Jeffries, Knight, Logue, Miller, Niello, Audra  
            Strickland, Villines
          NO VOTE RECORDED:  Bill Berryhill, John A. Perez







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          JJA:do  7/7/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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