BILL ANALYSIS SB 1491 Page 1 SENATE THIRD READING SB 1491 (Business, Professions and Economic Development Committee) As Amended June 16, 2010 Majority vote SENATE VOTE :30-0 BUSINESS & PROFESSIONS 11-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Conway, Eng, |Ayes:|Fuentes, Conway, | | |Hernandez, Hill, Ma, | |Bradford, | | |Nava, Niello, Ruskin, | |Charles Calderon, Coto, | | |Smyth, Nestande | |Davis, | | | | |De Leon, Gatto, Hall, | | | | |Harkey, Miller, Nielsen, | | | | |Norby, Skinner, Solorio, | | | | |Torlakson, Torrico | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Amends various provisions pertaining to the regulatory boards under the Department of Consumer Affairs (DCA) and professions regulated in the Business and Professions Code (BPC). Specifically, this bill : 1)Makes the following changes to the California Board of Accountancy (CBA): a) Renames the "administrative" committee under CBA the "enforcement advisory" committee and makes conforming changes; b) Clarifies that CBA may appoint board members and non-board members to its advisory committees; and, c) Clarifies that a peer review report shall be issued by an individual permitted to practice public accountancy and is unaffiliated with the firm being reviewed, as specified. 2)Makes the following changes to the Board for Professional Engineers and Land Surveyors: SB 1491 Page 2 a) Allows applicants for certification as an engineer-in-training to qualify using engineering education, engineering experience, or a combination of engineering education and experience totaling three years; b) Prohibits licensure examination fees administered by a public or private organization from being greater than the actual cost of the development and administration of the examination and permits the fee to be paid directly to the organization; and, c) Clarifies that application, examination, and licensure fees are separate fees and makes conforming changes. 3)Makes the following changes to the Contractors State License Board (CSLB): a) Clarifies that civil penalties assessed by CSLB for unlicensed contracting or aiding and abetting unlicensed activity are not subject to certain provisions of law limiting fines by agencies under DCA; b) Extends the time for CSLB to pursue a complaint against an unlicensed contractor to 18 months after the complaint is filed, conforming to the same timeframe for action against a licensee; c) Authorizes CSLB to administer its asbestos open book examination electronically; and, d) Adds violation of the Subletting and Subcontracting Fair Practices Act (Act) as cause for disciplinary action by CSLB. 4)Permits guide dog schools and instructors licensed by the Board of Guide Dogs for the Blind (BGDB) to provide in-home training, without BGDB's authorization. 5)Makes the following changes to the Board of Barbering and Cosmetology (BBC): a) Specifies that unlicensed activity violations may also be subject to an administrative fine in addition to a SB 1491 Page 3 misdemeanor; and, b) Clarifies that persons appealing a citation may either appear in person or file a written appeal to the disciplinary review committee. 6)Clarifies that identification cards issued by county clerks to employees of professional corporations or partnerships contain a photograph of the employee in the lower left corner. 7)Provides that cremated remains may be placed into "keepsake urns" and kept as authorized by those with the right to control their disposition, requires a disposition permit to be obtained for each keepsake urn, and makes conforming and clarifying changes; and, 8)Makes technical changes to the non-collusion affidavit required in public works contract bids. 9)Makes technical, clarifying changes. EXISTING LAW provides for the licensing and regulation of various professions and businesses by some 23 boards, four committees, seven bureaus, and one commission within DCA under various BPC licensing acts. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, there are no significant costs associated with this legislation. COMMENTS : According to the author's office, "[This] bill consolidates a number of non-controversial provisions related to various regulatory programs and professions governed by the [BPC]. Consolidating the provisions in one bill is designed to relieve the various licensing boards, agencies and professions from the necessity and burden of having separate measures for a number of non-controversial revisions. Many 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." Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) SB 1491 Page 4 319-3301 FN: 0005907