BILL NUMBER: SB 543	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

   An act to amend Sections 5510, 5517, 5620, 5621, 5622, 6710, 6714,
7200, 8710, 18602, and 18613 of the Business and Professions Code,
relating to business and professions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 543, as introduced, Price. Business and professions: regulatory
boards.
   Existing law provides for the licensure and regulation of various
businesses and professions by boards within the Department of
Consumer Affairs, including, the California Architects Board, the
Landscape Architects Technical Committee, the Board for Professional
Engineers, Land Surveyors, and Geologists, the State Board of Guide
Dogs for the Blind, and the State Athletic Commission. Existing law
requires or authorizes these boards, with certain exceptions, to
appoint an executive officer. Existing law repeals these provisions
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, except the State Board of Guide Dogs for the Blind,
which would be extended until January 1, 2014. The bill would instead
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 5510 of the Business and Professions Code is
amended to read:
   5510.  There is in the Department of Consumer Affairs a California
Architects Board which consists of 10 members.
   Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
   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2012   2016  , and as of that date is repealed,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. 
  SEC. 2.  Section 5517 of the Business and Professions Code is
amended to read:
   5517.  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 5620 of the Business and Professions Code is
amended to read:
   5620.  The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of Consumer
Affairs in accordance with Chapter 908 of the Statutes of 1994 are
hereby transferred to the California Architects Board. The
Legislature finds that the purpose for the transfer of power is to
promote and enhance the efficiency of state government and that
assumption of the powers and duties by the California Architects
Board shall not be viewed or construed as a precedent for the
establishment of state regulation over a profession or vocation that
was not previously regulated by a board, as defined in Section 477.
   (a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.
   Whenever in this chapter "board" is used, it refers to the
California Architects Board.
   (b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.
   (c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
   (d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.
   (e) 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. 4.  Section 5621 of the Business and Professions Code is
amended to read:
   5621.  (a) There is hereby created within the jurisdiction of the
board, a Landscape Architects Technical Committee, hereinafter
referred to in this chapter as the landscape architects committee.
   (b) The landscape architects committee shall consist of five
members who shall be licensed to practice landscape architecture in
this state. The Governor shall appoint three of the members. The
Senate Committee on Rules and the Speaker of the Assembly shall
appoint one member each.
   (c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; one member for a term of
two years; and one member for a term of three years. The Senate
Committee on Rules and the Speaker of the Assembly shall initially
each appoint one member for a term of four years. Thereafter,
appointments shall be made for four-year terms, expiring on June 1 of
the fourth year and until the appointment and qualification of his
or her successor or until one year shall have elapsed, whichever
first occurs. Vacancies shall be filled for the unexpired term.
   (d) No person shall serve as a member of the landscape architects
committee for more than two consecutive terms.
   (e) 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. 5.  Section 5622 of the Business and Professions Code is
amended to read:
   5622.  (a) The landscape architects committee may assist the board
in the examination of candidates for a landscape architect's license
and, after investigation, evaluate and make recommendations
regarding potential violations of this chapter.
   (b) The landscape architects committee may investigate, assist,
and make recommendations to the board regarding the regulation of
landscape architects in this state.
   (c) The landscape architects committee may perform duties and
functions that have been delegated to it by the board pursuant to
Section 5620.
   (d) The landscape architects committee may send a representative
to all meetings of the full board to report on the committee's
activities.
   (e) 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. 6.  Section 6710 of the Business and Professions Code is
amended to read:
   6710.  (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers, Land Surveyors, and Geologists, which
consists of 15 members.
   (b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors, or the
Board for Professional Engineers and Land Surveyors, is deemed to
refer to the Board for Professional Engineers, Land Surveyors, and
Geologists.
   (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
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. 
  SEC. 7.  Section 6714 of the Business and Professions Code is
amended to read:
   6714.  The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
   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. 8.  Section 7200 of the Business and Professions Code is
amended to read:
   7200.  (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by the
Governor. One member shall be the Director of Rehabilitation or his
or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
   (b) This section shall remain in effect only until January 1,
 2012   2014  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2014  , 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. 
  SEC. 9.  Section 8710 of the Business and Professions Code is
amended to read:
   8710.  (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
   (b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued by
the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
   (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 shall render
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. 

  SEC. 10.  Section 18602 of the Business and Professions Code is
amended to read:
   18602.  (a) Except as provided in this section, there is in the
Department of Consumer Affairs the State Athletic Commission, which
consists of seven members. Five members shall be appointed by the
Governor, one member shall be appointed by the Senate Rules
Committee, and one member shall be appointed by the Speaker of the
Assembly.
   The members of the commission appointed by the Governor are
subject to confirmation by the Senate pursuant to Section 1322 of the
Government Code.
   No person who is currently licensed, or who was licensed within
the last two years, under this chapter may be appointed or
reappointed to, or serve on, the commission.
   (b) In appointing commissioners under this section, the Governor,
the Senate Rules Committee, and the Speaker of the Assembly shall
make every effort to ensure that at least four of the members of the
commission shall have experience and demonstrate expertise in one of
the following areas:
   (1) A licensed physician or surgeon having expertise or
specializing in neurology, neurosurgery, head trauma, or sports
medicine. Sports medicine includes, but is not limited to,
physiology, kinesiology, or other aspects of sports medicine.
   (2) Financial management.
   (3) Public safety.
   (4) Past experience in the activity regulated by this chapter,
either as a contestant, a referee or official, a promoter, or a venue
operator.
   (c) Each member of the commission shall be appointed for a term of
four years. All terms shall end on January 1. Vacancies occurring
prior to the expiration of the term shall be filled by appointment
for the unexpired term. No commission member may serve more than two
consecutive terms.
   (d) Notwithstanding any other provision of this chapter, members
first appointed shall be subject to the following terms:
   (1) The Governor shall appoint two members for two years, two
members for three years, and one member for four years.
   (2) The Senate Committee on Rules shall appoint one member for
four years.
   (3) The Speaker of the Assembly shall appoint one member for four
years.
   (e) 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 commission 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. 
  SEC. 11.  Section 18613 of the Business and Professions Code is
amended to read:
   18613.  (a) (1) The commission shall 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
commission and vested in him or her by this chapter. The appointment
of the executive officer is subject to the approval of the Director
of Consumer Affairs.
   (2) The commission may employ in accordance with Section 154 other
personnel as may be necessary for the administration of this
chapter.
   (b) 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.