BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 294
Author: Negrete McLeod (D)
Amended: 8/2/09
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 72-2, 8/18/10 - See last page for vote
SUBJECT : Department of Consumer Affairs
SOURCE : Author
DIGEST : This bill changes the sunset review dates on
various boards, bureaus, and program within the Department
of Consumer Affairs.
Assembly Amendments delete the Senate version of the bill,
which dealt with nurse practitioners, and instead add the
current language.
ANALYSIS : Existing law provides for the licensure and
regulation of various healing arts licensees by various
boards, as defined, within the Department of Consumer
Affairs, including the California Board of Occupational
Therapy, and the Physician Assistant Committee of the
Medical Board of California.
Existing law also provides for the licensure and regulation
of various professions and vocations by boards within the
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department, including, the California Board of Accountancy,
the California Architects Board, the Landscape Architects
Technical Committee, Professional Fiduciaries Bureau, the
Board for Professional Engineers and Land Surveyors, and
the State Board of Guide Dogs for the Blind.
Existing law authorizes the California Architects Board to
implement an intern development program until July 1, 2011.
Existing law establishes in the Department of Pesticide
Regulation a Structural Pest Control Board and requires the
board, with the approval of the director of the department,
to appoint a registrar.
Existing law provides for the certification and regulation
of interior designers until January 1, 2013.
Existing law provides for the regulation of certified
common interest development managers and tax preparers and
repeals these provisions on January 1, 2012.
Under existing law, there is the Contractors' State License
Board within the department and it is responsible for the
licensure and regulation of contractors and existing law
requires the board to appoint a registrar.
Existing law, the California Private Postsecondary
Education Act of 2009, provides for the regulation of
private postsecondary educational institutions by the
Bureau for Private Postsecondary Education in the
Department of Consumer Affairs. Existing law repeals that
act on January 1, 2016.
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.
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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.
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.
K. Contractors State License Board, from 2011 to
2012.
L Board of Barbering and Cosmetology, from 2012 to
2014.
M. Court Reporters Board of California, from 2011
to 2013.
N. Pesticide Regulation and Structural Pest Control
Board, from 2012 to 2015.
O. Respiratory Care Board, from 2013 to 2014.
P. Massage Therapy Organization, from 2016 to 2015.
Q. State Athletic Commission, from 2011 to 2012.
R. Bureau for Private Postsecondary Education, from
2016 to 2015.
2. Requires review of the following chapters related to:
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A. Certified Common Interest Development Managers,
from 2012 to 2015.
B. Tax Preparers, from 2012 to 2015.
Background
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/10)
Board of Behavioral Sciences
ARGUMENTS IN SUPPORT :
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng,
Feuer, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
NOES: Anderson, Norby
NO VOTE RECORDED: Blakeslee, Charles Calderon, Evans,
Fletcher, Logue, Vacancy
JJA:do 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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