BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1491
                                                                  Page  1

          SENATE THIRD READING
          SB 1491 (Business, Professions and Economic Development  
          Committee)
          As Amended  August 20, 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)   Clarifies that CBA may appoint board members and non-board  
               members to its advisory committees; and,

        b)   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:

        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;








                                                                 SB 1491
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        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  
               misdemeanor; and,

        b)   Clarifies that persons appealing a citation may either appear  
               in person or file a written appeal to the disciplinary  
               review committee.









                                                                  SB 1491
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          6)Provides that cremated remains may be placed into "keepsake  
            urns", as defined, 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.

          7)Makes technical, clarifying changes.

           EXISTING LAW  provides for the licensing and regulation of  
          various professions and businesses by 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)  
          319-3301                                               


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