BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 202 (Harman) Hearing Date: 5/11/2009 Amended: 5/5/2009 Consultant: Bob Franzoia Policy Vote: B,P&ED 10-0 _________________________________________________________________ ____ BILL SUMMARY: SB 202, relating to private investigators, would do the following: - Beginning January 1, 2013, require any licensed private investigator to complete 12 hours of continuing education, as specified, in order to renew his or her license. - Provide that licensees renewing between January 1, 2012 and January 1, 2013 shall complete six hours of continuing education. - Exempt specified licensees based on age and activity status. - Permit the Department of Consumer Affairs (DCA) to suspend a licensee found not to be in compliance with the continuing education requirements. - Permit DCA to audit the records of any licensee to verify compliance with the continuing education requirements. - Require continuing education providers (CEPs) to obtain DCA approval. - Require DCA to convene a review panel to consult in the approval of CEPs and course content and to develop criteria for course providers and course content. - Authorize DCA to charge a fee to CEPs, in an amount not to exceed DCA's direct costs and for no more than an unspecified amount of dollars per CEP. - Specify that the fee for a license may not exceed $195 (up from $175) and the fee for a license renewal may not exceed $145 (up from $125). _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund Development of criteria for $17 $41 $154Special* continuing education courses $212 ongoing and course providers Increase in license and($55) ($110) ($145) Special* license renewal fees ($179 ongoing) * Private Investigator Fund _________________________________________________________________ ____ STAFF COMMENTS: On page 5, lines 6 to 12, this bill grants DCA the discretion to establish and charge a fee to cover the direct costs of the statutorily required activities of approving CEPs, performing audits, and developing criteria for CEPs and course content. Staff notes the discretionary nature of the fee and unnecessary and unspecified dollar amount per CEP creates uncertainty. Staff recommends this provision be amended as follows to require the fee, thus ensuring funding, and to reduce potentially conflicting provisions: (4) The department
mayshall establish and charge a fee, to be paid by CEPs, in an amount not to exceed the department's direct costs, and for no more than ____ ($___)Page 2 SB 202 (Harman) dollars per CEP,in implementing the provisions of this section that require the department to approve CEPs and to perform audits, as described in subdivision (g), and to develop criteria for course providers and course content, as described in subdivision (h). This bill is similar to SB 1282 (Margett) which was vetoed by the Governor with the following message: The historic delay in passing the 2008-09 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time.