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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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:
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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
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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
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319-3301 FN:
0005907