BILL NUMBER: SB 543	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2011

INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

   An act to amend Sections 5510, 5517,  5552.5,  5620,
5621, 5622, 6710, 6714, 7200,  7215.6,  8710, 18602, and
18613 of the Business and Professions Code, relating to business and
professions.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 543, as amended, Price. Business and professions: regulatory
boards. 
   Existing 
    (1)     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. 
   (2) Existing law authorizes the California Architects Board to, by
regulation, implement an intern development program until July 1,
2012.  
   This bill by deleting that termination date, would instead
authorize the board to, by regulation, implement the intern
development program indefinitely.  
   (3) Existing law authorizes the State Board of Guide Dogs for the
Blind to establish an arbitration panel pilot project, until January
1, 2012, for the purpose of resolving disputes between a guide dog
user and a licensed guide dog school, as specified.  
   This bill would instead authorize the arbitration panel pilot
project until January 1, 2014. 
   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, 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.
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, 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. 3.    Section 5552.5 of the   Business
and Professions Code   is amended to read: 
   5552.5.  The board may, by regulation, implement an intern
development program  until July 1, 2012  .
   SEC. 3.  SEC. 4.   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,
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. 4.   SEC. 5.   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,
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. 5.   SEC. 6.   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,
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. 6.   SEC. 7.   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,
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. 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.   SEC. 8.   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, 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. 8.   SEC. 9.   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,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 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 7215.6 of the   Business
and Professions Code   is amended to read: 
   7215.6.  (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
   (b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes that may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards. The
board and its representative are not parties to any dispute
described in this section.
   (c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
   (1) One person designated by the guide dog user.
   (2) One person designated by the licensed guide dog school.
   (3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
   (d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by the
arbitration panel and subject to its procedures, each party to the
dispute shall waive any right for subsequent judicial review.
   (e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The license
of a guide dog school shall not be renewed until all penalties have
been paid.
   The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
   (f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take custody
of the dog at once. However, if the dog is removed from the user's
custody without the user's concurrence, the school shall provide to
the board the evidence that caused this action to be taken at once
and without fail; and within five calendar days a special committee
of two members of the board shall make a determination regarding
custody of the dog pending hearing by the arbitration panel.
   (g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
   All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
   (h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
   (i) This section shall become inoperative on July 1, 2011,
and as of January 1, 2012,   remain in effect only
until January 1, 2014, and as of that date  is repealed, unless
a later enacted statute,  which   that  is
enacted before January 1,  2012   2014  ,
deletes or extends that date.
   SEC. 9.   SEC. 11.  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,
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. 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.   SEC. 12.   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,
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.
   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.   SEC. 13.   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,
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.