BILL NUMBER: SB 541	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

   An act to  amend Sections 7000.5 and 7011 of 
 add Section 40 to  the Business and Professions Code,
relating to  contractors   profession and
vocations, and declaring the urgency thereof, to take effect
immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 541, as amended, Price. Contractors' State License 
Board.   Regulatory boards: expert consultants. 

   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law, the Chiropractic Act, enacted by initiative,
provides for the licensure and regulation of chiropractors by the
State Board of Chiropractic Examiners. Existing law, the Osteopathic
Act, requires the Osteopathic Medical Board of California to regulate
osteopathic physicians and surgeons. Existing law generally requires
applicants for a license to pass an examination and authorizes
boards to take disciplinary action against licensees for violations
of law. Existing law establishes standards relating to personal
service contracts in state employment.  
   This bill would authorize these boards to enter into an agreement
with an expert consultant, subject to the standards regarding
personal service contracts described above, to provide enforcement
and examination assistance. The bill would require each board to
establish policies and procedures for the selection and use of these
consultants.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law establishes within the Department of Consumer
Affairs, until January 1, 2012, the Contractors' State License Board
and a registrar of contractors, for purposes of the licensure and
regulation of contractors. Under existing law, boards scheduled for
repeal are required to be evaluated by the Joint Sunset Review
Committee.  
   This bill would extend the operation of those provisions until
January 1, 2016, and would specify that the board would be subject to
review by the appropriate policy committees of the Legislature.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 40 is added to the  
Business and Professions Code   , to read:  
   40.  (a) Subject to the standards described in Section 19130 of
the Government Code, any board, as defined in Section 22, the State
Board of Chiropractic Examiners, or the Osteopathic Medical Board of
California may enter into an agreement with an expert consultant to
do any of the following:
   (1) Provide an expert opinion on enforcement-related matters,
including providing testimony at an administrative hearing.
   (2) Assist the board as a subject matter expert in examination
development, examination validation, or occupational analyses.
   (3) Evaluate the mental or physical health of a licensee or an
applicant for a license as may be necessary to protect the public
health and safety.
   (b) An executed contract between a board and an expert consultant
shall be exempt from the provisions of Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.
   (c) Each board shall establish policies and procedures for the
selection and use of expert consultants. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   To ensure that licensees engaging in certain professions and
vocations are adequately regulated at the earliest possible time in
order to protect and safeguard consumers and the public in this
state, it is necessary that this act take effect immediately. 

  SECTION 1.    Section 7000.5 of the Business and
Professions Code is amended to read:
   7000.5.  (a) There is in the Department of Consumer Affairs a
Contractors' State License Board, which consists of 15 members.
   (b) Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature.
   (c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.  
  SEC. 2.    Section 7011 of the Business and
Professions Code is amended to read:
   7011.  (a) The board, by and with the approval of the director,
shall appoint a registrar of contractors and fix his or her
compensation.
   (b) The registrar shall be the executive officer and secretary of
the board and shall carry out all of the administrative duties as
provided in this chapter and as delegated to him or her by the board.

   (c) For the purpose of administration of this chapter, there may
be appointed a deputy registrar, a chief reviewing and hearing
officer, and, subject to Section 159.5, other assistants and
subordinates as may be necessary.
   (d) Appointments shall be made in accordance with the provisions
of civil service laws.
   (e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.