BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1491|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1491
Author: Senate Business, Professions and Economic
Development Com.
Amended: 8/20/10
Vote: 21
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 7-0, 4/19/10
AYES: Negrete McLeod, Wyland, Aanestad, Correa, Oropeza,
Walters, Yee
NO VOTE RECORDED: Calderon, Florez
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 30-0, 5/10/10 (Consent)
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,
Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,
Simitian, Steinberg, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Corbett, Denham, Dutton, Harman, Liu,
Oropeza, Strickland, Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 75-0, 8/23/10 - See last page for vote
SUBJECT : Professions and vocations
SOURCE : Author
DIGEST : This bill makes several non-controversial,
minor, non-substantive or technical changes to various
CONTINUED
SB 1491
Page
2
miscellaneous provisions pertaining to regulatory boards of
the Department of Consumer Affairs and professions
regulated under the Business and Professions Code.
Assembly Amendments add provisions to this bill relating to
the board of Professional Engineers and Land Surveyors,
define "keepsake urn," delete provisions in the bill which
named the California Board of Accountancy's Enforcement
Advisory Committee, and make other technical changes.
ANALYSIS :
Existing Law
1. Provides for the licensing and regulation of various
professions and businesses by some 23 boards, four
committees, seven bureaus, and one commission within the
Department of Consumer Affairs (DCA) under various
Business and Professions Code (BPC) licensing acts.
This bill:
1. Makes the following changes relating to the California
Board of Accountancy (CBA):
A. Clarifies that the CBA may appoint public board
members to its committees.
B. Recasts the provisions regarding issuing peer
review reports for greater clarity.
C. Cleans up language relating to alternative
licensure pathways which was made obsolete by last
year's SB 819 (Yee) Chapter 308, Statutes of 2009.
D. Makes technical, correcting and updating.
2. Makes the following changes relating to the Contractors
State License Board (CSLB):
A. Makes conforming changes by removing a reference
to a notice requirement which was repealed by SB
1914 (B&P Committee), Chapter 865, Statutes of
2004.
CONTINUED
SB 1491
Page
3
B. Extends the time for the 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. Clarifies that civil penalties assessed by the
CSLB for unlicensed contracting or aiding and
abetting unlicensed activity are not subject to
other provisions of law which restrict fine
amounts.
D. Corrects a reference to the Department of Public
Health and authorizes the CSLB to administer its
asbestos open book examination electronically.
E. Clarifies that violation of the Subletting and
Subcontracting Fair Practices Act in the Public
Contract Code is a cause for disciplinary action.
3. Clarifies that guide dog schools and guide dog
instructors licensed by the Board of Guide Dogs for the
Blind (BGDB) may provide in-home training, regardless of
the user's experience with a guide dog.
4. Makes the following changes relating to the Board of
Barbering and Cosmetology (BBC):
A. Clarifies the definition of nail care to refer
to massaging, cleansing, or beautifying from the
elbow to the finger tips or the knee to the toes.
B. Clarifies that unlicensed activity violations
which are misdemeanors may also be subject to
administrative fines.
C. Clarifies that metal instruments for the
smoothing and massaging of hands and feet may be
used when providing a manicure or pedicure.
D. Clarifies that a licensed establishment may
provide towels or hand air dryers instead of
"approved sanitary towels" in the establishment's
hand washing facilities.
CONTINUED
SB 1491
Page
4
E. Clarifies that licensee appealing an
administrative fine may either appear in person or
may file a written appeal.
5. Makes the following changes relating to human remains:
A. Provides that cremated remains may be placed
into "keepsake urns" and kept as authorized by
those with the right to control disposition;
requires a disposition permit to be obtained for
each keepsake urn; makes conforming and clarifying
changes.
B. Repeals an obsolete provision that conflicts
with current licensure practices.
6. 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.
B. Prohibits licensure examination fees
administered by a public or private organization
from being greater than the cost of the development
and administration of the examination and permits
the fee to be paid directly to the organization.
C. Clarifies that application, examination, and
licensure fees are separate fees and makes
conforming changes.
D. Defines "keepsake urn" as a closed durable
container which accommodates an amount of cremated
remains not to exceed one cubic centimeter.
Background
The following is background and reasons for the more
significant and substantive provisions in this bill:
CONTINUED
SB 1491
Page
5
California Board of Accountancy . According to CBA, the
term, "administrative committee," does not clearly
communicate to licensees or to consumers the actual role
that this committee fulfills as an enforcement advisory
committee to the CBA; therefore, the CBA has recommended
renaming the committee as the enforcement advisory
committee. The CBA states that current practice is to
allow public board members to be appointed to the CBA's
legislative committee, the committee on professional
conduct and other committees of the CBA. However, it is
unclear whether this practice is consistent with BPC
Section 5024 which states that CPAs may be appointed to
committees; therefore, this bill clarifies the CBA's
practice of appointing non-CPA board members (i.e. public
members) to committees. The law provides that a licensee
must conduct a peer review, however it is not clear that a
licensee must issue the actual peer review report; this
bill clarifies those provisions.
Contractors State License Board . According to the CSLB,
the requirement for an unlicensed person to give a notice
to consumers was repealed by SB 1914 (B&P Committee),
Chapter 865, Statutes of 2004; this bill makes a conforming
change by removing reference to that notice. Complaints
received against unlicensed contractors just prior to the
expiration of the statute of limitations (four years from
the act or omission) cannot be pursued due to the lack of
sufficient time to conduct an investigation, according to
CSLB, while the timeframe for action against a licensee is
18 months after the complaint is filed; this bill conforms
the timeframe for taking action against an unlicensed
contractor to the time for taking action against a
licensee. CSLB further states that BPC Sections 125.9 and
148 places a $5,000 cap for fines assessed by agencies
under the DCA, while the contractor's law provides for
additional civil penalties assessed by the CSLB for
unlicensed contracting or aiding and abetting unlicensed
activity. This bill clarifies that that these civil
penalties are not subject to those general provisions of
law which restrict fine amounts. CSLB indicates that
currently the asbestos open book examination is
administered by paper and pencil, a more expensive and slow
examination method. This bill requires the CSLB to offer
CONTINUED
SB 1491
Page
6
the exam and study booklet online on its Internet Web site.
The CSLB also indicates that the Subletting and
Subcontracting Fair Practices Act (Act) in the Public
Contract Code (Section 4111), authorizes the CSLB to
discipline contractors for violations of the Act; however
BPC Section 7110 does not include a specific reference to
violations of the PCC. This bill makes reference to that
Act.
Board of Guide Dogs for the Blind . According to the BGDB,
current law is unclear, restrictive and problematic on the
provision of in-home training to potential guide dog users;
this bill clarifies these provisions and provides that
guide dog schools and guide dog instructors licensed by the
board may provide in-home training, regardless of the
user's experience with a guide dog.
Board of Barbering and Cosmetology . According to the BBC,
the law is unclear whether the practice of nail care
includes massaging, cleansing, or beautifying from the
elbow to the finger tips or the knee to the toes. The
amendments clarify these provisions. BBC states, that
although the law provides that unlicensed barbering,
cosmetology, or electrolysis is a misdemeanor violation, it
is unclear whether it may be subject to an administrative
citation and fine. This bill clarifies that unlicensed
practice may also be subject to an administrative fine.
BBC also indicates that the law prohibits a licensee
providing a manicure or pedicure from using metal
instruments, except those instruments necessary for the
cutting, trimming, manicuring or pedicuring of nails or
cuticles. However it does not include the use of metal
instruments to smooth or massage the hands or feet. This
bill clarifies that mental instruments may be used for the
smoothing and massaging the hands or feet.
BBC further indicates that provisions requiring an
establishment to have "approved sanitary towels" have been
a source of confusion for licensees and board staff alike.
While the statute attempts to be specific, it only serves
to make the towel requirements vaguer, according to BBC,
and this bill clarifies those provisions. BBC states that
in order to process appeals as expeditiously and
conveniently as possible for licensees, the BBC's
CONTINUED
SB 1491
Page
7
disciplinary review committee has recently allowed
citations to be appealed in writing without the licensee
physically appearing. However, the statutory language
could be interpreted to require the physical appearance of
the appellant, which is expensive for the licensee, and
time consuming for the disciplinary review committee.
Giving individuals the option to submit a written appeal
would mitigate these issues, according to BBC.
Human Remains . According to DCA, current law requires a
crematory to be associated with a cemetery, columbarium,
burial park, or mausoleum. However, this provision is
confusing because it seems to suggest that a crematory must
be located within a cemetery. Many licensed crematories do
not operate within a cemetery and the provision is
outdated. This bill repeals this provision.
According to the California Funeral Directors Association
(CFDA), the Health and Safety Code makes specified
provisions regarding cremated remains including providing
that cremated remains may 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 other specified
places, under the authority of a disposition permit issued
by the local registrar of vital records. These provisions
do not allow for family members or other loved ones to use
keepsake urns to hold small portions of the cremated
remains. This bill permits the use of keepsake urns, as
specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/24/10)
Board of Barbering and Cosmetology
Board of Guide Dogs for the Blind
California Board of Accountancy
California Council of the Blind
Contractors State License Board
Guide Dog Users of California
SCI California Funeral Services
CONTINUED
SB 1491
Page
8
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Gaines, Galgiani, Gatto, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Furutani, Garrick, Vacancy,
Vacancy
JJA:do:kc 8/24/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED