BILL NUMBER: SB 1491 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 16, 2010
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Negrete McLeod (Chair), Aanestad, Calderon,
Correa, Florez, Oropeza, Walters, Wyland, and Yee)
MARCH 11, 2010
An act to amend Sections 5020, 5021, 5024, 5076, 5090, 5109, 5120,
5122, 6750, 6751, 6756, 6758, 6759, 6763, 6799, 7028.6,
7028.7, 7028.9, 7058.5, 7099.2, 7110, 7210.7, 7316, 7317, 7320.1,
7352, and 7410 7410, 8740, 8746, 8748, 8805,
and 22457 of, and to repeal Section 5109.5 of, the Business and
Professions Code, to amend Section 11126 of the Government Code,
and to amend Sections 7054.6 and 8344 of, and to
repeal Section 8340 of, the Health and Safety Code, , and to
amend Section 7106 of the Public Contract Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1491, as amended, Committee on Business, Professions and
Economic Development. Professions and vocations.
(1) Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy. Existing law
authorizes the board to appoint an administrative committee to
provide advice and assistance relative to investigations of licensee
misconduct. Existing law also authorizes the board to create and
appoint other advisory committees consisting of public accountants or
certified public accountants who need not be members of the board
for the purpose of making recommendations to the board.
This bill would designate the administrative committee as the
enforcement advisory committee. The bill would require these other
advisory committees to consist solely of board members or to consist
of board members and other persons who are not board members.
(2) Existing law provides for the licensure and regulation of
professional engineers and professional land surveyors by the Board
for Professional Engineers and Land Surveyors. Existing law
authorizes the board to make arrangements with a public or private
organization to conduct licensure examinations and to authorize the
organization to receive examination fees directly from applicants.
This bill would provide that the fee to take an examination
administered by a public or private organization may not be greater
than actual cost of examination development and administration.
Existing law authorizes an applicant for certification as an
engineer-in-training to sit for the first division of the licensing
examination after he or she completes 3 or more years of college or
university education in board-approved engineering curriculum or 3 or
more years of board-approved experience.
This bill would allow an applicant for certification as an
engineer-in-training to sit for the first division of the examination
upon completion of 3 years of engineering experience, postsecondary
engineering education, or a combination of education and experience.
The bill would make other conforming changes.
(2)
(3) Existing law provides for the licensure and
regulation of contractors by the Contractors' State License Board.
Existing law, based upon complaint or otherwise, authorizes the
Registrar of Contractors to issue citations for violations of the
licensure requirement within 4 years after the act or omission that
is the basis for the citation.
This bill would require a citation to be issued within 4 years
after the act or omission that is the basis for the citation or
within 18 months after filing the complaint with the registrar,
whichever is later.
Existing law prohibits a contractor from engaging in
asbestos-related work, as specified, without passing an asbestos
certification examination. Existing law requires the board to
develop, and deliver to all applicants with the request for bond and
fee, a booklet relating to the handling and disposal of asbestos,
that includes an open book examination concerning asbestos-related
work. Existing law requires all applicants for an initial contractor'
s license and specified applicants filing a delinquent renewal
application to complete and sign the open book examination and to
submit it to the board with the required renewal or bond and fee.
This bill would instead require the board to make that booklet
available to all applicants, either on the board's Internet Web site
or upon request in hard copy. The bill would require only applicants
for initial licensure to complete the examination and to submit it to
the board, as specified.
Under existing law, a willful or deliberate disregard by a
licensed contractor of various state building, labor, and safety laws
constitutes a cause for disciplinary action.
This bill would specify that a willful or deliberate disregard of
the Subletting and Subcontracting Fair Practices Act also constitutes
a cause for disciplinary action.
(3)
(4) Existing law establishes within the Department of
Consumer Affairs a State Board of Guide Dogs for the Blind that,
among others things, licenses and regulates schools and instructors
for the training of guide dogs for the blind and the instruction of
blind persons in the use of guide dogs.
Under existing law, the board may authorize board-licensed schools
or instructors employed by those schools to provide home training,
as specified, in the use of guide dogs. Existing law requires schools
desiring to provide home training to apply to the board and provide
the board with specified information for conducting that home
training subject to board approval. Existing law requires these
schools to annually provide the board specified information about
those persons receiving home training. Existing law also requires,
except in cases of undue hardship, the guide dog user to complete a
formal in-residence training program from a licensed or recognized
school as a condition of receiving home training.
This bill would eliminate that approval process and other
requirements, including the formal in-residence training program for
guide dog users, and would instead authorize schools and instructors
licensed by the board to provide home training in the use of guide
dogs. The bill would also require instructors to file annual reports
with the board regarding persons receiving home training.
(4)
(5) Existing law, the Barbering and Cosmetology Act,
provides for the licensure and regulation of the practice of
barbering and cosmetology by the State Board of Barbering and
Cosmetology.
Under existing law, nail care is a specialty branch within the
practice of cosmetology and is the practice of, among other things,
cutting, trimming, manicuring nails or massaging, cleansing, or
beautifying the hands or feet of any person. Existing law permits
metal instruments to be used for the cutting, trimming, manicuring,
or pedicuring of nails or cuticles.
This bill would specify that nail care is also the practice of
pedicuring nails or massaging, cleansing, or beautifying from the
elbow to the fingertips or the knees to the toes of any person. The
bill would also permit metal instruments to be used for the smoothing
and massaging of the hands and feet.
Existing law makes it unlawful for any person to engage in
barbering or cosmetology for compensation or to operate an
establishment where barbering or cosmetology is practiced without a
license and specifies that a violation of this requirement is a
misdemeanor.
This bill would instead provide that a violation of that
requirement is subject to an administrative fine and may be subject
to a misdemeanor.
Existing law requires barbering and cosmetology establishments to
provide specified handwashing facilities, including running water,
soap, and approved sanitary towels.
This bill would instead require these establishments to provide
running water, soap, and towels or air hand dryers.
Existing law authorizes the board to issue a notice of violation
or a citation with an administrative fine to persons violating the
act. Existing law authorizes these persons to appeal the citation and
requires them or their appointed representative to appear in person
before the disciplinary review committee.
This bill would eliminate that appearance requirement and instead
authorize these persons or their appointed representative to appear
in person before the disciplinary review committee.
(5)
(6) Existing law, the Cemetery Act, establishes the
Cemetery and Funeral Bureau within the Department of Consumer Affairs
and sets forth its powers and duties, including, but not limited to,
the registering and regulating of cremated remains disposers.
Existing law authorizes cremated remains to be removed in a
durable container from the place of cremation or interment and kept
in the dwelling owned or occupied by the person having the right to
control disposition of the remains, or kept in a church or religious
shrine if certain requirements are met, if the removal is under the
authority of a permit for disposition of human remains. Under
existing law, these disposition permits are required to include a
description of the final place of disposition sufficient to identify
the place and are issued by the local registrar. Existing law
requires a crematory to maintain a specified identification system
and requires that after cremation an identifying disk, tab, or other
permanent label be placed within the urn or cremated remains
container before the cremated remains are released from the
crematory.
This bill would authorize cremated remains to be kept in or on the
real property owned or occupied by specified persons with the
permission of the person with the right to control disposition of
remains. The bill would also authorize a specified amount of cremated
remains to be placed in a keepsake urn and kept as authorized by the
person or persons with the right to control disposition, provided
that a disposition permit is issued by the local registrar for each
keepsake urn and a specified permit fee is paid, and would exempt
remains in the keepsake urn from those identification system
requirements. For all other urns, the bill would require the
identifying disk, tab, or other permanent label to contain, among
other things, the license number of the crematory. By establishing
new duties on the local registrar, the bill would impose a
state-mandated local program.
Existing law prohibits a crematory from conducting any business
unless there is in the same fireproof building or structure or in a
separate fireproof building within the same cemetery a specified
columbarium, burial park, or mausoleum.
This bill would delete that prohibition.
(7) Existing law provides for regulation of professional
photocopiers, including a requirement for issuance of an
identification card by the county clerk.
This bill would require the identification card for an employee of
a professional photocopier or partnership or corporation to contain
a photograph of the employee. By imposing additional duties on county
clerks, the bill would impose a state-mandated local program.
(8) Existing law requires a person bidding on a public works
contract of a public entity to execute and submit an affidavit of
noncollusion with the bid.
This bill would revise the affidavit and require it to be executed
under penalty of perjury, thereby imposing a state-mandated local
program by expanding the definition of a crime.
(6)
(9) The bill would delete various obsolete provisions
and make other clarifying and conforming changes.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5020 of the Business and Professions Code is
amended to read:
5020. The board may, for the purpose of obtaining technical
expertise, appoint an enforcement advisory committee of not more than
13 licensees to provide advice and assistance related to the
functions specified in Section 5103. The committee shall act only in
an advisory capacity, shall have no authority to initiate any
disciplinary action against a licensee, and shall only be authorized
to report its findings from any investigation or hearing conducted
pursuant to this section to the board, or upon direction of the
board, to the executive officer.
SEC. 2. Section 5021 of the Business and Professions Code is
amended to read:
5021. The members of the enforcement advisory and qualifications
committees shall hold office for two years.
SEC. 3. Section 5024 of the Business and Professions Code is
amended to read:
5024. The board may create and appoint advisory committees,
consisting solely of board members or consisting of board members and
other persons who are not board members, for the purpose of making
recommendations on matters as may be specified by the board.
SEC. 4. Section 5076 of the Business and Professions Code is
amended to read:
5076. (a) In order to renew its registration, a firm, as defined
in Section 5035.1, shall have a peer review report of its accounting
and auditing practice accepted by a board-recognized peer review
program no less frequently than every three years.
(b) For purposes of this article, the following definitions apply:
(1) "Peer review" means a study, appraisal, or review conducted in
accordance with professional standards of the professional work of a
firm, and may include an evaluation of other factors in accordance
with the requirements specified by the board in regulations. The peer
review report shall be issued by an individual who has a valid and
current license, certificate, or permit to practice public
accountancy from this state or another state and is unaffiliated with
the firm being reviewed.
(2) "Accounting and auditing practice" includes any services that
are performed using professional standards defined by the board in
regulations.
(c) The board shall adopt regulations as necessary to implement,
interpret, and make specific the peer review requirements in this
section, including, but not limited to, regulations specifying the
requirements for board recognition of a peer review program,
standards for administering a peer review, extensions of time for
fulfilling the peer review requirement, exclusions from the peer
review program, and document submission.
(d) The board shall adopt emergency regulations in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) to establish policies, guidelines, and procedures as outlined
in subdivision (c). The adoption of the regulations shall be
considered by the Office of Administrative Law to be necessary for
the immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and publication in the California Code of Regulations, and shall be
replaced in accordance with the Administrative Procedure Act.
(e) Nothing in this section shall prohibit the board from
initiating an investigation and imposing discipline against a firm or
licensee, either as the result of a complaint that alleges
violations of statutes, rules, or regulations, or from information
contained in a peer review report received by the board.
(f) A firm issued a substandard peer review report, as defined by
the board in regulation, shall submit a copy of that report to the
board. The board shall establish in regulation the time period that a
firm must submit the report to the board. This period shall not
exceed 60 days from the time the report is accepted by a
board-recognized peer review program provider to the date the report
is submitted to the board.
(g) (1) A board-recognized peer review program provider shall file
a copy with the board of all substandard peer review reports issued
to California-licensed firms. The board shall establish in regulation
the time period that a board-recognized peer review program provider
shall file the report with the board. This period shall not exceed
60 days from the time the report is accepted by a board-recognized
peer review program provider to the date the report is filed with the
board. These reports may be filed with the board electronically.
(2) Nothing in this subdivision shall require a board-recognized
peer review program provider, when administering peer reviews in
another state, to violate the laws of that state.
(h) The board shall, by January 1, 2010, define a substandard peer
review report in regulation.
(i) Any requirements imposed by a board-recognized peer review
program on a firm in conjunction with the completion of a peer review
shall be separate from, and in addition to, any action by the board
pursuant to this section.
(j) Any report of a substandard peer review submitted to the board
in conjunction with this section shall be collected for
investigatory purposes.
(k) Nothing in this section affects the discovery or admissibility
of evidence in a civil or criminal action.
(l) Nothing in this section requires any firm to become a member
of any professional organization.
(m) A peer reviewer shall not disclose information concerning
licensees or their clients obtained during a peer review, unless
specifically authorized pursuant to this section, Section 5076.1, or
regulations prescribed by the board.
(n) By January 1, 2013, the board shall provide the Legislature
and Governor with a report regarding the peer review requirements of
this section that includes, without limitation:
(1) The extent to which mandatory peer review of small firms or
sole practitioners that prepare nondisclosure compiled financial
statements on an other comprehensive basis of accounting enhances
consumer protection.
(2) The impact of peer review required by this section on small
firms and sole practitioners that prepare nondisclosure
complied compiled financial statements on an
other comprehensive basis of accounting.
(3) The impact of peer review required by this section on small
businesses, nonprofit corporations, and other entities that utilize
small firms or sole practitioners for the purposes of nondisclosure
compiled financial statements prepared on an other comprehensive
basis of accounting.
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 5. Section 5090 of the Business and Professions Code is
amended to read:
5090. An applicant for the certified public accountant license
shall comply with the education, examination, and experience
requirements in either Section 5092 or 5093.
SEC. 6. Section 5109 of the Business and Professions Code is
amended to read:
5109. The expiration, cancellation, forfeiture, or suspension of
a license, practice privilege, or other authority to practice public
accountancy by operation of law or by order or decision of the board
or a court of law, or the voluntary surrender of a license by a
licensee shall not deprive the board of jurisdiction to commence or
proceed with any investigation of or action or disciplinary
proceeding against the licensee, or to render a decision suspending
or revoking the license.
SEC. 7. Section 5109.5 of the Business and Professions Code is
repealed.
SEC. 8. Section 5120 of the Business and Professions Code is
amended to read:
5120. Any person who violates Article 3 (commencing with Section
5050) is guilty of a misdemeanor, punishable by imprisonment for not
more than six months, or by a fine of not more than one thousand
dollars ($1,000), or both.
Whenever the board has reason to believe that any person is liable
to punishment under this article, the board or with its approval the
enforcement advisory committee, may certify the facts to the
appropriate enforcement officer of the city or county where the
alleged violation had taken place and the officer may cause
appropriate proceedings to be brought.
SEC. 9. Section 5122 of the Business and Professions Code is
amended to read:
5122. Whenever in the judgment of the board, or with its approval
the enforcement advisory committee, any person has engaged, or is
about to engage, in any acts or practices that constitute, or will
constitute, an offense against this chapter, the board may make
application to the appropriate court for an order enjoining the acts
or practices, and upon showing by the board that the person has
engaged, or is about to engage, in any such acts or practices, an
injunction, restraining order, or other order that may be appropriate
shall be granted by the court.
SEC. 10. Section 6750 of the Business
and Professions Code is amended to read:
6750. (a) An application for licensure as a professional engineer
or certification as an engineer-in-training shall be made to the
board on the prescribed form, with all statements made therein under
oath, and shall be accompanied by the application
fee prescribed by this chapter. An application for licensure as a
professional engineer shall specify, additionally, the branch of
engineering in which the applicant desires licensure.
(b) The board may authorize an organization specified by the board
pursuant to Section 6754 to receive directly from applicants payment
of the examination fees charged by that organization as payment for
examination materials and services.
SEC. 11. Section 6751 of the Business
and Professions Code is amended to read:
6751. (a) The applicant for certification as an
engineer-in-training shall comply with all of the following:
(1) Not have committed acts or crimes constituting grounds for
denial of registration under Section 480.
(2) Successfully pass the first division of the examination. The
applicant shall be eligible to sit for the first division of the
examination after satisfactory completion of three years or more of
college or university education in a board-approved
postsecondary engineering curriculum or after
completion of education, three years or more of
board-approved engineering experience
, or a combination of postsecondary education and experience in
engineerin g totaling three years .
The board need not verify the applicant's eligibility other than
to require the applicant to sign a statement of eligibility on the
application form.
(b) The applicant for registration as a professional engineer
shall comply with all of the following:
(1) Not have committed acts or crimes constituting grounds for
denial of registration under Section 480.
(2) Furnish evidence of six years or more of qualifying experience
in engineering work satisfactory to the board evidencing that the
applicant is competent to practice the character of engineering in
the branch for which he or she is applying for registration, and
successfully pass the second division of the examination.
(3) The applicant for the second division of the examination shall
successfully pass the first division examination or shall be exempt
therefrom.
SEC. 12. Section 6 756 of the
Business and Professions Code is amended to read:
6756. (a) An applicant for certification as an
engineer-in-training shall, upon making a passing grade in that
division of the examination prescribed in Section 6755, relating to
fundamental engineering subjects, be issued a certificate as an
engineer-in-training. A renewal or other fee, other than the
application fee and examination fees ,
may not be charged for this certification. The certificate shall
become invalid when the holder has qualified as a professional
engineer as provided in Section 6762.
(b) An engineer-in-training certificate does not authorize the
holder thereof to practice or offer to practice civil, electrical, or
mechanical engineering work, in his or her own right, or to use the
titles specified in Sections 6732, 6736, and 6736.1.
(c) It is unlawful for anyone other than the holder of a valid
engineer-in-training certificate issued under this chapter to use the
title of "engineer-in-training" or any abbreviation of that title.
SEC. 13. Section 6758 of the Business
and Professions Code is amended to read:
6758. An applicant failing in an examination may be examined
again upon filing a new application and the payment of the
application fee fixed by this chapter.
SEC. 14. Section 6759 of the Business
and Professions Code is amended to read:
6759. The board, upon application therefor, on its prescribed
form, and the payment of the application fee fixed
by this chapter, may issue a certificate of registration as a
professional engineer, without written examination, to any person
holding a certificate of registration issued to him or her by any
state or country when the applicant's qualifications meet the
requirements of this chapter , and rules
established by the board. The board shall not require a comity
applicant to meet any requirement not required of California
applicants. For purposes of this section, equivalent second division
examinations shall be eight-hour written examinations prepared by or
administered by a state or territory either by single or combined
branch at the level generally administered by the board to persons
who passed or were exempted from the first division examination.
Applicants who have passed an equivalent second division combined
branch or a single branch examination in a branch not recognized for
registration in California shall be registered in the branch in which
their experience and education indicate the closest relationship.
SEC. 15. Section 6763 of the Business
and Professions Code is amended to read:
6763. Application for authority to use the title "structural
engineer," "soil engineer," "soils engineer," or "geotechnical
engineer" shall be made to the board on forms prescribed by it and
shall be accompanied by the application fee fixed
by this chapter.
An applicant for authority to use the title "structural engineer,"
"soil engineer," "soils engineer," or "geotechnical engineer" who
has passed the examination prescribed by the board, or an applicant
for authority to use the title "soil engineer," "soils engineer," or
"geotechnical engineer" whose application is submitted prior to July
1, 1986, and who has otherwise demonstrated that he or she is
qualified, shall have a certificate of authority issued to him or
her.
For purposes of this chapter, an authority to use the title
"structural engineer," "soil engineer," "soils engineer," or
"geotechnical engineer" is an identification of competence and
specialization in a subspecialty of civil engineering and
necessitates education or experience in addition to that required for
registration as a civil engineer.
SEC. 16. Section 6799 of the Business
and Professions Code is amended to read:
6799. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a
professional engineer and each application for authority level
designation at not more than four hundred dollars ($400) ,
and for each application for certification as an
engineer-in-training at not more than one hundred dollars ($100).
(b) The fee to take an examination administered by a public or
private organization pursuant to Section 6754 shall be no greater
than the actual cost of the development and administration of the
examination and may be paid directly to the organization by the
applicant.
(b)
(c) The temporary authorization fee for a professional
engineer at not more than 25 percent of the application fee in effect
on the date of application.
(c)
(d) The renewal fee for each branch of professional
engineering in which licensure is held, and the renewal fee for each
authority level designation held, at no more than the professional
engineer application fee currently in effect.
(d)
(e) The fee for a retired license at not more than 50
percent of the professional engineer application fee in effect on the
date of application.
(e)
(f) The delinquency fee at not more than 50 percent of
the renewal fee in effect on the date of reinstatement.
(f)
(g) The board shall establish by regulation an appeal
fee for examination. The regulation shall include provisions for an
applicant to be reimbursed the appeal fee if the appeal results in
passage of examination. The fee charged shall be no more than the
costs incurred by the board.
(g)
(h) All other document fees are to be set by the board
by rule.
Applicants wishing to be examined in more than one branch of
engineering shall be required to pay the additional fee for each
examination after the first.
SEC. 10. SEC. 17. Section 7028.6 of
the Business and Professions Code is amended to read:
7028.6. The Registrar of Contractors is hereby empowered to issue
citations containing orders of abatement and civil penalties against
persons acting in the capacity of or engaging in the business of a
contractor within this state without having a license in good
standing to so act or engage.
SEC. 11. SEC. 18. Section 7028.7 of
the Business and Professions Code is amended to read:
7028.7. (a) If upon inspection or investigation, either upon
complaint or otherwise, the registrar has probable cause to believe
that a person is acting in the capacity of or engaging in the
business of a contractor or salesperson within this state without
having a license or registration in good standing to so act or
engage, and the person is not otherwise exempted from this chapter,
the registrar shall issue a citation to that person.
(b) Within 72 hours of receiving notice that a public entity is
intending to award, or has awarded, a contract to an unlicensed
contractor, the registrar shall give written notice to the public
entity that a citation may be issued if a contract is awarded to an
unlicensed contractor. If after receiving the written notice from the
registrar that the public entity has awarded or awards the contract
to an unlicensed contractor, the registrar may issue a citation to
the responsible officer or employee of the public entity as specified
in Section 7028.15.
(c) Each citation shall be in writing and shall describe with
particularity the basis of the citation. Notwithstanding Sections
125.9 and 148, each citation shall contain an order of abatement and
an assessment of a civil penalty in an amount not less than two
hundred dollars ($200) nor more than fifteen thousand dollars
($15,000).
(d) With the approval of the Contractors' State License Board, the
registrar shall prescribe procedures for the issuance of a citation
under this section. The board shall adopt regulations covering the
assessment of a civil penalty that shall give due consideration to
the gravity of the violation, and any history of previous violations.
(e) The sanctions authorized under this section shall be separate
from, and in addition to, all other remedies either civil or
criminal.
SEC. 12. SEC. 19. Section 7028.9 of
the Business and Professions Code is amended to read:
7028.9. A citation under Section 7028.7 shall be issued by the
registrar within four years after the act or omission that is the
basis for the citation or within 18 months after the date of the
filing of the complaint with the registrar, whichever is later.
SEC. 13. SEC. 20. Section 7058.5 of
the Business and Professions Code is amended to read:
7058.5. (a) No contractor shall engage in asbestos-related work,
as defined in Section 6501.8 of the Labor Code, that involves 100
square feet or more of surface area of asbestos containing materials,
unless the qualifier for the license passes an asbestos
certification examination. Additional updated asbestos certification
examinations may be required based on new health and safety
information. The decision on whether to require an updated
certification examination shall be made by the Contractors' State
License Board, in consultation with the Division of Occupational
Safety and Health in the Department of Industrial Relations and the
Division of Environmental and Occupational Disease Control in the
State Department of Public Health.
No asbestos certification examination shall be required for
contractors involved with the installation, maintenance, and repair
of asbestos cement pipe or sheets, vinyl asbestos floor materials, or
asbestos bituminous or resinous materials.
"Asbestos," as used in this section, has the same meaning as
defined in Section 6501.7 of the Labor Code.
(b) The Contractors' State License Board shall make available to
all applicants, either on the board's Internet Web site or, if
requested, in hard copy, a booklet containing information relative to
handling and disposal of asbestos, together with an open book
examination concerning asbestos-related work. All applicants for an
initial contractor's license shall complete the open book examination
and, prior to the issuance of a contractor's license, submit it to
the board electronically or by mail if the applicant elects to use
the hard-copy format.
SEC. 14. SEC. 21. Section 7099.2 of
the Business and Professions Code is amended to read:
7099.2. (a) The board shall promulgate regulations covering the
assessment of civil penalties under this article that give due
consideration to the appropriateness of the penalty with respect to
the following factors:
(1) The gravity of the violation.
(2) The good faith of the licensee or applicant for licensure
being charged.
(3) The history of previous violations.
(b) Except as otherwise provided by this chapter, no civil penalty
shall be assessed in an amount greater than five thousand dollars
($5,000). Notwithstanding Section 125.9, a civil penalty not to
exceed fifteen thousand dollars ($15,000) may be assessed for a
violation of Section 7114 or 7118.
SEC. 15. SEC. 22. Section 7110 of
the Business and Professions Code is amended to read:
7110. Willful or deliberate disregard and violation of the
building laws of the state, or of any political subdivision thereof,
or of Section 8550 or 8556 of this code, or of Sections 1689.5 to
1689.15, inclusive, of the Civil Code, or of the safety laws or labor
laws or compensation insurance laws or Unemployment Insurance Code
of the state, or of the Subletting and Subcontracting Fair Practices
Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2
of the Public Contract Code), or violation by any licensee of any
provision of the Health and Safety Code or Water Code, relating to
the digging, boring, or drilling of water wells, or Article 2
(commencing with Section 4216) of Chapter 3.1 of Division 5 of Title
1 of the Government Code, constitutes a cause for disciplinary
action.
SEC. 16. SEC. 23. Section 7210.7 of
the Business and Professions Code is amended to read:
7210.7. Schools and instructors licensed by the board may provide
home training in the use of guide dogs.
Schools and instructors providing home training in the use of
guide dogs shall, annually, provide the board with the names and
addresses of those persons who are receiving home training and shall
include those persons who have received home training from the school
or instructor subsequent to the last report filed with the board.
SEC. 17. SEC. 24. Section 7316 of
the Business and Professions Code is amended to read:
7316. (a) The practice of barbering is all or any combination of
the following practices:
(1) Shaving or trimming the beard or cutting the hair.
(2) Giving facial and scalp massages or treatments with oils,
creams, lotions, or other preparations either by hand or mechanical
appliances.
(3) Singeing, shampooing, arranging, dressing, curling, waving,
chemical waving, hair relaxing, or dyeing the hair or applying hair
tonics.
(4) Applying cosmetic preparations, antiseptics, powders, oils,
clays, or lotions to scalp, face, or neck.
(5) Hairstyling of all textures of hair by standard methods that
are current at the time of the hairstyling.
(b) The practice of cosmetology is all or any combination of the
following practices:
(1) Arranging, dressing, curling, waving, machineless permanent
waving, permanent waving, cleansing, cutting, shampooing, relaxing,
singeing, bleaching, tinting, coloring, straightening, dyeing,
applying hair tonics to, beautifying, or otherwise treating by any
means, the hair of any person.
(2) Massaging, cleaning, or stimulating the scalp, face, neck,
arms, or upper part of the human body, by means of the hands,
devices, apparatus or appliances, with or without the use of cosmetic
preparations, antiseptics, tonics, lotions, or creams.
(3) Beautifying the face, neck, arms, or upper part of the human
body, by use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
(4) Removing superfluous hair from the body of any person by the
use of depilatories or by the use of tweezers, chemicals, or
preparations or by the use of devices or appliances of any kind or
description, except by the use of light waves, commonly known as
rays.
(5) Cutting, trimming, polishing, tinting, coloring, cleansing, or
manicuring the nails of any person.
(6) Massaging, cleansing, treating, or beautifying the hands or
feet of any person.
(c) Within the practice of cosmetology there exist the specialty
branches of skin care and nail care.
(1) Skin care is any one or more of the following practices:
(A) Giving facials, applying makeup, giving skin care, removing
superfluous hair from the body of any person by the use of
depilatories, tweezers or waxing, or applying eyelashes to any
person.
(B) Beautifying the face, neck, arms, or upper part of the human
body, by use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
(C) Massaging, cleaning, or stimulating the face, neck, arms, or
upper part of the human body, by means of the hands, devices,
apparatus, or appliances, with the use of
cosmetic preparations, antiseptics, tonics, lotions,
or creams.
(2) Nail care is the practice of cutting, trimming, polishing,
coloring, tinting, cleansing, manicuring, or pedicuring the nails of
any person or massaging, cleansing, or beautifying from the elbow to
the fingertips or the knee to the toes of any person.
(d) The practice of barbering and the practice of cosmetology do
not include any of the following:
(1) The mere sale, fitting, or styling of wigs or hairpieces.
(2) Natural hair braiding. Natural hair braiding is a service that
results in tension on hair strands or roots by twisting, wrapping,
weaving, extending, locking, or braiding by hand or mechanical
device, provided that the service does not include haircutting or the
application of dyes, reactive chemicals, or other preparations to
alter the color of the hair or to straighten, curl, or alter the
structure of the hair.
(3) Threading. Threading is a technique that results in removing
hair by twisting thread around unwanted hair and pulling it from the
skin and the incidental trimming of eyebrow hair.
(e) Notwithstanding paragraph (2) of subdivision (d), a person who
engages in natural hairstyling, which is defined as the provision of
natural hair braiding services together with any of the services or
procedures defined within the regulated practices of barbering or
cosmetology, is subject to regulation pursuant to this chapter and
shall obtain and maintain a barbering or cosmetology license as
applicable to the services respectively offered or performed.
(f) Electrolysis is the practice of removing hair from, or
destroying hair on, the human body by the use of an electric needle
only.
"Electrolysis" as used in this chapter includes electrolysis or
thermolysis.
SEC. 18. SEC. 25. Section 7317 of
the Business and Professions Code is amended to read:
7317. Except as provided in this article, it is unlawful for any
person, firm, or corporation to engage in barbering, cosmetology, or
electrolysis for compensation without a valid, unexpired license
issued by the board, or in an establishment or mobile unit other than
one licensed by the board, or conduct or operate an establishment,
or any other place of business in which barbering, cosmetology, or
electrolysis is practiced unless licensed under this chapter. Persons
licensed under this chapter shall limit their practice and services
rendered to the public to only those areas for which they are
licensed. Any violation of this section is subject to an
administrative fine and may be subject to a misdemeanor.
SEC. 19. SEC. 26. Section 7320.1 of
the Business and Professions Code is amended to read:
7320.1. When providing a manicure or pedicure, no metal
instruments shall be used except those metal instruments necessary
for the cutting, trimming, manicuring, or pedicuring of nails or
cuticles or for the smoothing and massaging of the hands and feet.
SEC. 20. SEC. 27. Section 7352 of
the Business and Professions Code is amended to read:
7352. Every establishment shall provide adequate and convenient
handwashing facilities, including running water, soap, and towels or
air hand dryers.
SEC. 21. SEC. 28. Section 7410 of
the Business and Professions Code is amended to read:
7410. Persons to whom a notice of violation or a citation is
issued and an administrative fine assessed may appeal the citation to
a disciplinary review committee established by the board. All
appeals shall be submitted in writing to the program within 30 days
of the date the citation was issued. Appeals of citations that are
not submitted in a timely manner shall be rejected.
After a timely appeal has been filed with the program, the
administrative fine, if any, shall be stayed until the appeal has
been adjudicated.
Persons appealing a citation, or their appointed representatives,
may appear in person before the disciplinary review committee. The
appellant may present written or oral evidence relating to the facts
and circumstances relating to the citation that was issued. Following
an appeal to a disciplinary review committee, the disciplinary
review committee shall issue a decision, based on findings of fact,
which may affirm, reduce, dismiss, or alter any charges filed in the
citation. In no event shall the administrative fine be increased. The
appellant shall be provided with a written copy of the disciplinary
review committee's decision relating to the appeal.
SEC. 29. Section 8740 of the Business
and Professions Code is amended to read:
8740. (a) An application for each division of the examination for
a license as a land surveyor shall be made to the board on the form
prescribed by it, with all statements therein made under oath, and
shall be accompanied by the application fee fixed
by this chapter.
(b) The board may authorize an organization specified by the board
pursuant to Section 8745 to receive directly from applicants payment
of the examination fees charged by that organization as payment for
examination materials and services.
SEC. 30. Section 8746 of the Business
and Professions Code is amended to read:
8746. An applicant failing on an
examination , may be examined again
upon filing a new application and the payment of
another application the fee , may be
examined again fixed by the board .
SEC. 31. Section 8748 of the Business
and Professions Code is amended to read:
8748. The board, upon application therefor, and the payment of
the application and license fees fee
fixed by this chapter, may issue a land surveyor's license, without
written examination, to any person who holds a valid land surveyor's
license issued to him or her by any State
state or country when the applicant's
qualifications meet the requirements of this chapter and rules
established by the board.
SEC. 32. Section 8805 of the Business
and Professions Code is amended to read:
8805. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a land
surveyor at not more than four hundred dollars ($400) ,
and for each application for certification as a land
surveyor-in-training (LSIT) at not more than one hundred dollars
($100).
(b) The fees to take an examination administered by a public or
private organization pursuant to Section 8754 shall be no greater
than the actual cost of the development and administration of the
examination and may be paid directly to the organization by the
applicant.
(b)
(c) The renewal fee for a land surveyor at not more
than the application fee.
(c)
(d) The fee for a retired license at not more than 50
percent of the professional land surveyor application fee in effect
on the date of application.
(d)
(e) The delinquency fee at not more than 50 percent of
the renewal fee in effect on the date of reinstatement.
(e)
(f) The board shall establish by regulation an appeal
fee for examination. The regulation shall include provisions for an
applicant to be reimbursed the appeal fee if the appeal results in
passage of examination. The fee shall be no more than the costs
incurred by the board.
(f)
(g) All other document fees are to be set by the board
by rule.
SEC. 33. Section 22457 of the Business
and Professions Code is amended to read:
22457. (a) The county clerk shall maintain a register of
professional photocopiers, assign a number to each professional
photocopier, and issue an identification card to each one. Additional
cards for employees of professional photocopiers shall be issued
upon the payment of ten dollars ($10) for each card. Upon renewal of
registration, the same number shall be assigned, provided there is no
lapse in the period of registration.
(b) The identification card shall be a card not less than 31/4
inches by 2 inches, and shall contain at the top the title,
"Professional Photocopier" followed by the registrant's name,
address, registration number, date of expiration, and county of
registration. It shall also contain a photograph of the registrant in
the lower left corner. The identification card for a partnership or
corporation registration shall be issued in the name of the
partnership or corporation, and shall not contain a photograph.
The identification card for an employee of a professional photocopier
or partnership or corporation shall contain a photograph of the
employee in the lower left corner.
(c) The identification card for an employee of a professional
photocopier or partnership or corporation shall be issued in
the name of the employee and include "Employee of: [insert name of
the professional photocopier or partnership or
corporation]."
SEC. 22. SEC. 34. Section 11126 of
the Government Code is amended to read:
11126. (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, "employee" does not include
any person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee includes a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(c) Nothing in this article shall be construed to do any of the
following:
(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises. Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) or
similar provisions of law.
(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
(7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member
of the state body.
(D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
(8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
(9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
(10) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or
information the public disclosure of which is prohibited by law, or
from considering matters pertaining to the appointment or removal of
the Executive Officer of the Franchise Tax Board.
(11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code.
(12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.
(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
(14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 9 (commencing with
Section 60850) of, Part 33 of Division 4 of Title 2 of the Education
Code during which actual test content is reviewed and discussed. The
purpose of this provision is to maintain the confidentiality of the
assessments under review.
(15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
(17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500), Chapter 10.3 (commencing with Section
3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits. For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
(18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security of
the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.
(B) Notwithstanding any other provision of law, a state body, at
any regular or special meeting, may meet in a closed session pursuant
to subparagraph (A) upon a two-thirds vote of the members present at
the meeting.
(C) After meeting in closed session pursuant to subparagraph (A),
the state body shall reconvene in open session prior to adjournment
and report that a closed session was held pursuant to subparagraph
(A), the general nature of the matters considered, and whether any
action was taken in closed session.
(D) After meeting in closed session pursuant to subparagraph (A),
the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant to
this subparagraph.
(d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.
(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
(ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
(C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
(iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
(2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
(3) Prevent the enforcement advisory committee established by the
California Board of Accountancy pursuant to Section 5020 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503. Nothing in this article shall be construed to prevent
the qualifications committee established by the California Board of
Accountancy pursuant to Section 5023 of the Business and Professions
Code from conducting a closed hearing to interview an individual
applicant or accountant regarding the applicant's qualifications.
(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in closed session by the state body
whose authority it exercises.
(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the body defined
as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the state body it
advises.
(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the Office
of Emergency Services or the Governor concerning matters relating to
volcanic or earthquake predictions, from holding closed sessions
when considering the evaluation of possible predictions.
(g) This article does not prevent either of the following:
(1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
(2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
(h) This article does not prevent the Board of Administration of
the Public Employees' Retirement System from holding closed sessions
when considering matters relating to the development of rates and
competitive strategy for plans offered pursuant to Chapter 15
(commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i) This article does not prevent the Managed Risk
Medical Insurance Board from holding closed sessions when considering
matters related to the development of rates and contracting strategy
for entities contracting or seeking to contract with the board
pursuant to Part 6.2 (commencing with Section 12693), Part 6.3
(commencing with Section 12695), Part 6.4 (commencing with Section
12699.50), or Part 6.5 (commencing with Section 12700) of Division 2
of the Insurance Code.
(j) Nothing in this article shall be construed to prevent the
board of the State Compensation Insurance Fund from holding closed
sessions in the following:
(1) When considering matters related to claims pursuant to Chapter
1 (commencing with Section 3200) of Division 4 of the Labor Code, to
the extent that confidential medical information or other
individually identifiable information would be disclosed.
(2) To the extent that matters related to audits and
investigations that have not been completed would be disclosed.
(3) To the extent that an internal audit containing proprietary
information would be disclosed.
(4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive
strategy, pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.
(k) The State Compensation Insurance Fund shall comply with the
procedures specified in Section 11125.4 of the Government Code with
respect to any closed session or meeting authorized by subdivision
(j), and in addition shall provide an opportunity for a member of the
public to be heard on the issue of the appropriateness of closing
the meeting or session.
SEC. 23. SEC. 35. Section 7054.6 of
the Health and Safety Code is amended to read:
7054.6. (a) Except as provided in subdivision (b), cremated
remains may be removed in a durable container from the place of
cremation or interment and kept in or on the real property owned or
occupied by a person described in Section 7100, with the permission
of the person with the right to disposition, or the durable container
holding the cremated remains may be kept in a church or religious
shrine, if written permission of the church or religious shrine is
obtained and there is no conflict with local use permit requirements
or zoning laws, if the removal is under the authority of a permit for
disposition granted under Section 103060. The placement, in any
place, of six or more cremated remains under this section does not
constitute the place a cemetery, as defined in Section 7003.
(b) Notwithstanding any other provision of law, cremated remains
may be placed in one or more keepsake urns, in an amount not to
exceed one cubic centimeter for each keepsake urn. Keepsake urns
shall be kept as authorized by the person or persons with the right
to control disposition pursuant to Section 7100, provided that a
permit for disposition of human remains pursuant to Section 103060 is
issued by the local registrar for each keepsake urn designating the
home address of each person receiving a keepsake urn and a permit fee
pursuant to Section 103065 is paid. No keepsake urn shall be subject
to Section 8345.
(c) Prior to disposition of cremated remains, every licensee or
registrant pursuant to Chapter 12 (commencing with Section 7600) or
Chapter 19 (commencing with Section 9600) of Division 3 of the
Business and Professions Code, and the agents and employees of the
licensee or registrant shall do all of the following:
(1) Remove the cremated remains from the place of cremation in a
durable container.
(2) Keep the cremated remains in a durable container.
(3) Store the cremated remains in a place free from exposure to
the elements.
(4) Responsibly maintain the cremated remains.
SEC. 24. SEC. 36. Section 8340 of
the Health and Safety Code is repealed.
SEC. 25. SEC. 37. Section 8344 of
the Health and Safety Code is amended to read:
8344. A crematory shall maintain an identification system
allowing identification of each decedent beginning from the time the
crematory accepts delivery of human remains until the point at which
it releases the cremated remains to a third party. After cremation,
an identifying disk, tab, or other permanent label shall be placed
within the urn or cremated remains container before the cremated
remains are released from the crematory. Each identification disk,
tab, or label shall contain the license number of the crematory and
shall have a unique number that shall be recorded on all paperwork
regarding the decedent's case and in the crematory log. Each
crematory shall maintain a written procedure for identification of
remains. These identification requirements shall not apply to
cremated remains placed in a keepsake urn pursuant to subdivision (b)
of Section 7054.6 if space does not permit.
On or after March 1, 1994, any crematory that fails, when
requested by an official of the bureau to produce a written procedure
for identification of remains, shall have 15 working days from the
time of the request to produce an identification procedure for review
by the chief of the Cemetery and Funeral Bureau. The license of the
crematory shall be suspended pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, if no identification procedure is produced for review after 15
working days have elapsed.
SEC. 38. Section 7106 of the Public
Contract Code is amended to read:
7106. Any Every bid on every public
works contract of a public entity shall include an affidavit, in the
following form:
""NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY
BIDDER AND SUBMITTED WITH BID
State of )
California
ss.
County of )
________
______, being first duly sworn, deposes and says that he or she is
____ of ____
I am the party making the foregoing bid that
the . The bid is not made in the interest of, or
on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation ; that the
. The bid is genuine and not collusive or sham
; that the bidder has . I have not
directly or indirectly induced or solicited any other bidder to put
in a false or sham bid, and has I have
not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that
anyone shall to refrain from bidding ;
that the bidder has . I have not in any manner,
directly or indirectly, sought by agreement, communication, or
conference with anyone to fix my bid price or the bid
price of the bidder or any other bidder, or to fix
any overhead, profit, or cost element of the
my bid price, or of that of any other bidder , or to
secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all
. All statements contained in the bid are true ; and,
further, that the bidder has . I
have not, directly or indirectly, submitted his or her
my bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto
, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a
collusive or sham bid." bid, and I have not
paid and will not pay any pers on or entity for that
purpose.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct and that this
declaration is executed on _____________ at _______________.
__________________________________________
(name)
SEC. 26. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SEC. 39. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, a local agency or school
district has the authority to levy service charges, fees or
assessments sufficient to pay for the program or level of service
mandated by this act within the meaning of Section 17556 of the
Government Code and this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.