BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 820
          Author:   Senate Business, Professions and Economic  
          Development 
                      Committee
          Amended:  4/21/09
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMM.  :  10-0, 4/27/09
          AYES:  Negrete McLeod, Wyland, Aanestad, Corbett, Correa,  
            Florez, Oropeza, Romero, Walters, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Consumer affairs:  professions and vocations

           SOURCE  :     Author


           DIGEST  :    This bill makes several non-controversial,  
          minor, nonsubstantive or technical changes to various  
          miscellaneous provisions pertaining to regulatory boards of  
          the Department of Consumer Affairs and professions  
          regulated under the Business and Professions Code.

           ANALYSIS  :    

          Existing law:

          1. Provides for the licensing and regulation of various  
             professions and businesses by some 26 boards, eight  
             bureaus, and one commission within the Department of  
                                                           CONTINUED





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             Consumer Affairs (DCA) under various Business and  
             Professions Code (BPC) licensing acts.

          2. Provides authority to issue an infraction citation for  
             practicing in certain industries regulated by specified  
             DCA programs without the required license, but that  
             authority does not apply to the Professional Fiduciaries  
             Bureau (BPC Section 146).

          3. Establishes the Department of Real Estate within DCA to  
             license and regulate real estate brokers and real estate  
             salespersons.

          This bill:
           
          1. Makes changes to the following general provisions in the  
             BPC pertaining to the Office of Examination Resources:

             A.    Changes the name of the Office of Examination  
                Resources to the Office of Professional Examination  
                Resources.  (BPC Sections 139, 1632.5, 1634.2, 2493,  
                4200.3, 4200.4, 4938, and 7303.2)

          2. Makes the following changes pertaining to the  
             Professional Fiduciaries Bureau:

             A.    Includes professional fiduciary as a profession  
                for which an infraction may be issued for practicing  
                without a license.  (BPC Section 146)

          3. Makes the following changes pertaining to the Board of  
             Accountancy:

             A.    Deletes references to notices regarding Board of  
                Accountancy meetings and, instead, refers to the  
                Bagley-Keene Open Meeting Act.  (BPC Section 5016)

             B.    In addition to the Board of Accountancy's  
                administrative committee, also refers to a  
                qualifications committee and changes committee terms  
                from one to two years.  (BPC Section 5021)

             C.    Clarifies that the provisions apply to the  
                qualifications committee and clarifies its duties.   







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                (BPC Sections 5022 and 5023)

          4. Makes the following changes pertaining to landscape  
             architects:

             A.    Corrects a drafting error in prior legislation to  
                clarify that a reciprocity candidate seeking  
                licensure in California must meet the same experience  
                requirements as any other candidate for licensure.   
                (BPC Section 5651)

          5. Makes the following changes pertaining to the  
             Contractors State License Board (CSLB):

             A.    Recasts provisions of existing law for clarity and  
                readability.  (BPC Sections 7028.7, 7044, 7044.01,  
                and 7108.5)
             
             B.    Corrects a reference to another section of law and  
                makes technical corrections and clarifications.  (BPC  
                Sections 7159, 7159.5, and 7159.14)

          6. Makes the following changes pertaining to licensed  
             repossessors:

             A.    Makes technical clarification, includes "trailer"  
                in the definition of "collateral," and clarifies by  
                adding "specific" to the definition that each item of  
                collateral is to be considered separately.  (BPC  
                Section 7500.1)

             B.    Permits a qualified manager to be in charge of  
                two, rather than one license location.  (BPC Section  
                7505.5)

             C.    Authorizes repossessors to retain a license plate  
                to be returned to the debtor upon request, rather  
                than destroy the license plate; clarifies that the  
                repossessor must consent to the release of personal  
                effects without an inventory; and makes technical  
                changes.  (BPC Section 7507.9)

             D.    Clarifies that a repossessor shall not appraise  
                the value of any collateral (BPC Section 7505.11)







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             E.    Provides that once the repossession is complete, a  
                only the legal owner or other person with legal  
                authority may direct the repossessor to release a  
                vehicle (BPC Section 7507.12)

             F.    Requires that if more than one vehicle is  
                repossessed, each vehicle shall be considered and  
                reported separately.  (Section 28 of the Vehicle  
                Code)

             G.    Permits a repossessor's tow vehicle to mount the  
                license plate (Section 5201 of the Vehicle Code) and  
                stop lamps (Section 24603 of the Vehicle Code) in the  
                same manner as other tow vehicles.

          7. Makes the following changes pertaining to the Cemetery  
             and Funeral Bureau:

             A.    Updates terminology to refer to "mortuary science  
                programs" instead of "embalming schools or colleges"  
                and makes clarifying and conforming changes.  (BPC  
                Sections 7606, 7616, 7641, 7643, 7665, 7666, 7671,  
                and 7725.5)

             B.    Requires the Bureau to accept a national  
                examination for embalmer licensing and to administer  
                an examination only on California law applicable to  
                the practice of embalming and makes clarifying and  
                conforming changes.  (BPC Sections 7643, 7646, 7647,  
                7662, and 7729)

             C.    Provides that an embalmer or apprentice embalmer  
                applicant must furnish official transcripts to the  
                Bureau and deletes the requirement to have completed  
                high school for applicants who have graduated from a  
                mortuary science program.  (BPC Sections 7643 and  
                7662)

          8. Makes the following changes pertaining to the Bureau of  
             Automotive (BAR):

             A.    Updates terminology relating to BAR applicants and  
                registrants to refer to "issue," "deny," "suspend,"  







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                or "revoke" registrations rather than "validate,"  
                "refuse to validate," invalidate temporarily," or  
                "invalidate permanently."  (BPC Sections 9884.2,  
                9884.7, and 9884.12)

             B.    Adds specific authority for BAR to suspend, revoke  
                or otherwise discipline an automotive repair dealer  
                registration based on a criminal conviction.  (BPC  
                Section 9884.7)

             C.    Clarifies that BAR may take disciplinary action  
                for a conviction relating to the "qualifications,  
                functions, or duties" rather than to "qualifications,  
                functions and duties."  Thus requiring the conviction  
                to relate to one characteristic (qualifications,  
                functions, or duties) instead of all three (BPC  
                Section 9889.3; Sections 44072.1 and 44072.2 of the  
                Health and Safety Code)

             D.    Revises the requirement for a smog check station  
                to post a sign advising customers of cost limits for  
                repairs under the smog check program to instead  
                require the sign to inform customers about their  
                options when a vehicle fails a smog check inspection  
                and makes technical and clarifying changes.  (Section  
                44017.3 of the Health and Safety Code)

          9. Makes the following changes pertaining to the Department  
             of Real Estate:

             A.    Makes technical and clarifying changes to the real  
                estate law.  (BPC Section 10146)

           Comments  

          This bill is authored by the Senate Business, Professions  
          and Economic Development Committee and is intended to  
          consolidate a number of non-controversial provisions  
          related to various regulatory programs and professions  
          governed by the Business and Professions Code.   
          Consolidating the provisions in one bill is designed to  
          relieve the various licensing boards, bureaus and  
          professions from the necessity and burden of having  
          separate measures for a number of non-controversial  







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          revisions.

          Many of the provisions of this bill are minor, technical  
          and updating changes, while other provisions are  
          substantive changes intended to improve the ability of  
          various licensing programs and other entities to  
          efficiently and effectively administer their respective  
          laws.

          However, as a Committee bill, if controversy or opposition  
          should arise regarding any provision that cannot be  
          resolved, then that provision will be removed from the  
          bill.  This will eliminate the chance of placing any of the  
          other provisions in jeopardy.

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

           SUPPORT  :   (Verified  5/11/09)

          California Board of Accountancy
          Contractors State License Board


          JJA:mw  5/12/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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