BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 294
                                                                  Page  1


          SENATE THIRD READING
          SB 294 (Negrete McLeod)
          As Amended  August 2, 2010
          Majority vote 

           SENATE VOTE  :Vote not relevant  
           
           BUSINESS & PROFESSIONS     11-0 APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Conway, Eng,     |Ayes:|Fuentes, Conway,          |
          |     |Hernandez, Hill, Ma,      |     |Bradford,                 |
          |     |Nava, Niello, Ruskin,     |     |Charles Calderon, Coto,   |
          |     |Smyth, Cook               |     |Davis,                    |
          |     |                          |     |De Leon, Gatto, Hall,     |
          |     |                          |     |Miller, Nielsen, Norby,   |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Changes the sunset review dates on various boards,  
          bureaus, and programs within the Department of Consumer Affairs  
          (DCA).   Specifically  , this bill:   

          1)Changes the sunset dates on various DCA regulatory boards and  
            bureaus as follows:

             a)   Medical Board of California (MBC), from 2013 to 2014;

             b)   Speech-Language Pathology and Audiology and Hearing Aid  
               Dispensers Board, from 2012 to 2014;

             c)   Board of Registered Nursing, from 2013 to 2012;

             d)   Board of Psychology, from 2011 to 2013;

             e)   State Board of Optometry, from 2013 to 2014;

             f)   Physician Assistant Committee of MBC, from 2012 to 2013;

             g)   Naturopathic Committee from 2013 to 2014, and requires  
               the Naturopathic Committee to prepare a report, as  
               specified, in 2012, rather than 2010;









                                                                  SB 294
                                                                  Page  2


             h)   Acupuncture Board, from 2011 to 2013;

             i)   Board of Behavioral Sciences, from 2011 to 2013;

             j)   Permits the California Architects Board to implement an  
               intern development program until July 2012, rather than  
               2011;

             aa)  Contractors State License Board, from 2011 to 2012;

             bb)  Board of Barbering and Cosmetology, from 2012 to 2014;

             cc)  Court Reporters Board of California, from 2011 to 2013;

             dd)  Pesticide Regulation and Structural Pest Control Board,  
               from 2012 to 2015; 

             ee)  Respiratory Care Board, from 2013 to 2014;

             ff)  Massage Therapy Organization, from 2016 to 2015;

             gg)  State Athletic Commission, from 2011 to 2012; and,

             hh)  Bureau for Private Postsecondary Education, from 2016 to  
               2015.

          2)Requires review of the following chapters related to:

             a)   Certified Common Interest Development Managers, from  
               2012 to 2015; and,

             b)   Tax Preparers, from 2012 to 2015. 

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, no direct fiscal impact to extend the operation of  
          fee-supported (professional fees) boards and commissions under  
          the jurisdiction of the DCA. 

           COMMENTS  :  According to the author's office, "This bill extends  
          the sunset dates on various boards which are scheduled to be  
          sunsetted in 2011.  This bill would also adjust the sunset dates  
          for other boards to meet a four year schedule for Legislative  
          Sunset Oversight Hearings of all boards under DCA."









                                                                  SB 294
                                                                  Page  3


          In 1994, the Legislature established the Joint Legislative  
          Sunset Review Committee (JLSRC) and a process for routinely  
          reviewing the performance of the semiautonomous boards.  JLSRC  
          begins its review process by sending a board a questionnaire and  
          a request for information covering every aspect of the board's  
          operation for a specified period.  Although JLSRC staff and the  
          board meet to discuss the information and to seek input from  
          consumer groups, all the information supplied to the JLSRC comes  
          from the board itself.  The basic issue for JLSRC to consider  
          during its deliberations is whether the board should continue to  
          regulate the profession in question or be terminated.  JLSRC  
          gives the department as well as the board an opportunity to  
          respond to its recommendations before presenting them to the  
          Legislature.  As a result of its review, the JLSRC might  
          recommend that the Legislature terminate, or "sunset," a board.   
          The 1994 law provides only for the elimination of a board, not  
          for the actual deregulation of the profession. 

          DCA is the parent organization for 35 boards and bureaus  
          responsible for regulating businesses and licensees affecting  
          the health, safety, and welfare of California consumers.  DCA is  
          responsible for overseeing the regulatory boards and bureaus to  
          ensure that they carry out this mission. 


           Analysis Prepared by  :    Sarah Weaver / B.,P. & C.P. / (916)  
          319-3301 



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