BILL NUMBER: SB 542	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

   An act to amend Sections 5000, 5015.6, and 6510 of the Business
and Professions Code, relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 542, as introduced, Price. Professions and vocations:
regulatory boards.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the department, including,
the California Board of Accountancy and the Professional Fiduciaries
Bureau. Existing law authorizes the board to appoint an executive
officer and authorizes the Governor to appoint the chief of the
bureau. Under existing law, these provisions are repealed on January
1, 2012. 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 these provisions until
January 1, 2016, and would specify that these boards would be subject
to review by the appropriate policy committees of the Legislature.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5000 of the Business and Professions Code is
amended to read:
   5000.  There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, seven
of whom shall be licensees, and eight of whom shall be public members
who shall not be licentiates of the board or registered by the
board. The board has the powers and duties conferred by this chapter.

   The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate Rules
Committee and the Speaker of the Assembly shall each appoint two
public members. In appointing the seven licensee members, the
Governor shall appoint members representing a cross section of the
accounting profession with at least two members representing a small
public accounting firm. For the purposes of this chapter, a small
public accounting firm shall be defined as a professional firm that
employs a total of no more than four licensees as partners, owners,
or full-time employees in the practice of public accountancy within
the State of California.
   This section shall remain in effect only until January 1, 
2012   2016  , and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
 2012   2016  , deletes or extends that
date.  The repeal of this section renders the board subject
to the review required by Division 1.2 (commencing with Section 473).
  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.  However, the
review of the board shall be limited to reports or studies specified
in this chapter and those issues identified by the  Joint
Committee on Boards, Commissions, and Consumer Protection 
 appropriate policy committees of the Legislature  and the
board regarding the implementation of new licensing requirements.
  SEC. 2.  Section 5015.6 of the Business and Professions Code is
amended to read:
   5015.6.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
   This section shall remain in effect only until January 1, 
2012   2016  , and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
 2012   2016  , deletes or extends that
date.
  SEC. 3.  Section 6510 of the Business and Professions Code is
amended to read:
   6510.  (a) There is within the jurisdiction of the department the
Professional Fiduciaries Bureau. The bureau is under the supervision
and control of the director. The duty of enforcing and administering
this chapter is vested in the chief of the bureau, who is responsible
to the director. Every power granted or duty imposed upon the
director under this chapter may be exercised or performed in the name
of the director by a deputy director or by the chief, subject to
conditions and limitations as the director may prescribe.
   (b) The Governor shall appoint, subject to confirmation by the
Senate, the chief of the bureau, at a salary to be fixed and
determined by the director with the approval of the Director of
Finance. The chief shall serve under the direction and supervision of
the director and at the pleasure of the Governor.
   (c) This section shall remain in effect only until January 1,
 2012   2016  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012  2016  , deletes or
extends that date.  The repeal of this section renders the
bureau subject to the review required by Division 1.2 (commencing
with Section 473).   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. 

   Notwithstanding any other provision of law, upon the repeal of
this section, the responsibilities and jurisdiction of the bureau
shall be transferred to the Professional Fiduciaries Advisory
Committee, as provided by Section 6511.