BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 820| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 820 Page 2 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. SB 820 Page 3 (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) SB 820 Page 4 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," SB 820 Page 5 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 SB 820 Page 6 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 **** END ****