BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              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  
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          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.

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             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.

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             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:

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           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  

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          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  

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          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


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           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

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