BILL NUMBER: SB 543 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 144, 5510, 5517, 5552.5,
5600, 5620, 5621, 5622, 6710, 6714, 6763.1, 6797, 7000.5,
7011, 7200, 7215.6, 7885, 7886, 7887, 8710,
8800, 18602, and 18613 , and 18618
of the Business and Professions Code, relating to business and
professions , and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 543, as amended, Price. Business and professions: regulatory
boards.
(1) Existing law authorizes a board to suspend or revoke a
license on various grounds, including, but not limited to, conviction
of a crime, if the crime is substantially related to the
qualifications, functions, or duties of the business or profession
for which the license was issued. Existing law requires applicants to
certain boards to provide a full set of fingerprints for the purpose
of conducting criminal history record checks.
This bill would make the fingerprinting requirement applicable to
the Board for Professional Engineers, Land Surveyors, and Geologists.
(2) 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 Contractors' State License
Board, 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
and the State Athletic Commission , 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)
(3) 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.
(4) Existing law provides for the expiration of a license to
practice architecture on the last day of the birth month of the
licenseholder in each odd-numbered year following the issuance or
renewal of the license.
This bill would instead provide for the expiration of a license
within 24 months after the issue date as established by the board.
(3)
(5) 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.
(6) Existing law requires an applicant to use the title
"structural engineer" to have successfully passed both a written
examination that incorporates a national examination for structural
engineers and a supplemental California specific examination, as
specified.
This bill would instead require these applicants to pass only a
written examination for structural engineering that is administered
by a nationally recognized entity approved by the board.
(7) Existing law establishes the Professional Engineer's and Land
Surveyor's Fund, requires all money received by the Department of
Consumer Affairs from the operation of the Professional Engineer's
Act and the Professional Land Surveyor's Act to be deposited in the
fund, and appropriates the moneys in the fund for the purposes of
those acts. Existing law establishes the Geology and Geophysics Fund
and requires the Board for Professional Engineers, Land Surveyors,
and Geologists to provide all money received by the board under the
Geologists and Geophysicists Act to the State Treasury for credit to
the Geology and Geophysics Fund.
This bill would abolish the Geology and Geophysics Fund, rename
the Professional Engineer's and Land Surveyor's Fund as the
Professional Engineer's, Land Surveyor's, Geologist's, and
Geophysicist's Fund, and require all moneys received by the board
under the Geologists and Geophysicists Act to be deposited in that
fund. The bill would require all moneys paid into the fund pursuant
to the Geologists and Geophysicists Act to be appropriated to carry
out the provisions of the act.
(8) Existing law requires an applicant for registration as a
geologist to pay an examination fee fixed by the board at an amount
equal to the actual cost to the board to administer the examination,
not to exceed $450.
This bill would delete the provisions limiting the examination fee
to $450.
(9) Existing law requires the State Athletic Commission to provide
a report to the Governor and the Legislature by July 30, 2010,
regarding the condition of the State Athletic Commission Neurological
Examination Account and the Boxers' Pension Fund, as specified.
This bill would require the commission to provide the report to
the Legislature by July 30, 2012.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 144 of the Business
and Professions Code is amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Registered Veterinary Technician Committee.
(10) Board of Vocational Nursing and Psychiatric Technicians.
(11) Respiratory Care Board of California.
(12) Hearing Aid Dispensers Advisory Commission.
(13) Physical Therapy Board of California.
(14) Physician Assistant Committee of the Medical Board of
California.
(15) Speech-Language Pathology and Audiology Board.
(16) Medical Board of California.
(17) State Board of Optometry.
(18) Acupuncture Board.
(19) Cemetery and Funeral Bureau.
(20) Bureau of Security and Investigative Services.
(21) Division of Investigation.
(22) Board of Psychology.
(23) The California Board of Occupational Therapy.
(24) Structural Pest Control Board.
(25) Contractors' State License Board.
(26) Bureau of Naturopathic Medicine.
(27) The Professional Fiduciaries Bureau.
(28) Board for Professional Engineers, Land Surveyors, and
Geologists.
(c) The provisions of paragraph (24) of subdivision (b) shall
become operative on July 1, 2004. The provisions of paragraph (25) of
subdivision (b) shall become operative on the date on which
sufficient funds are available for the Contractors' State License
Board and the Department of Justice to conduct a criminal history
record check pursuant to this section or on July 1, 2005, whichever
occurs first.
SECTION 1. SEC. 2. 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. SEC. 3. 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. SEC. 4. 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.
SEC. 5. Section 5600 of the Business
and Professions Code is amended to read:
5600. (a) All licenses issued or renewed under this
chapter shall expire at 12 midnight on the last day of the birth
month of the licenseholder in each odd-numbered year following the
issuance or renewal of the license Licenses issued
under this chapter shall expire no more than 24 months after the
issue date. The expiration date of the original license shall be set
by the board in a manner to best distribute renewal procedures
throughout each year .
(b) To renew an unexpired license, the licenseholder shall,
before the time at which the license would otherwise expire
on or before the expiration date of the license
, apply for renewal on a form prescribed by the board ,
and pay the renewal fee prescribed by this chapter.
(c) The renewal form shall include a statement specifying whether
the licensee was convicted of a crime or disciplined by another
public agency during the preceding renewal period and that the
licensee's representations on the renewal form are true, correct, and
contain no material omissions of fact, to the best knowledge and
belief of the licensee.
SEC. 4. SEC. 6. 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. 5. SEC. 7. 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. 6. SEC. 8. 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. 7. SEC. 9. 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. 8. SEC. 10. 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. 11. Section 6763.1 of the Business
and Professions Code is amended to read:
6763.1. An applicant to use the title "structural engineer" shall
have successfully passed a written examination that
incorporates a national examination for structural
engineering that is administered by a nationally
recognized entity approved by the board , if available, and
a supplemental California specific examination. The California
specific examination shall test the applicant's knowledge of state
laws, rules, and regulations, and of seismicity and structural
engineering unique to practice in this state. The board shall use the
national examination on or before December 31, 2004 .
SEC. 12. Section 6797 of the Business
and Professions Code is amended to read:
6797. The department shall receive and account for all money
derived from the operation of this chapter and, at the end of each
month, shall report such money to the State Controller and shall pay
it to the State Treasurer, who shall keep the money in a separate
fund known as the Professional Engineer's and
, Land Surveyor's , Geologist's, and Geophysicist's
Fund.
For accounting and recordkeeping purposes, the Professional
Engineer's and , Land Surveyor's ,
Geologist's, and Geophysicist's Fund shall be deemed to be a
single special fund, and shall be available for expenditure only for
the purposes as are now or may hereafter be provided by law.
The fees and civil penalties received under this chapter shall be
deposited in the Professional Engineer's and
, Land Surveyor's , Geologist's, and Geophysicist's
Fund. All moneys in the fund are hereby appropriated for the
purposes of this chapter.
SEC. 13. 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) The Notwithstanding any other
provision of law, the repeal of this section renders the board
subject to the review required by Division 1.2 (commencing
with Section 473). However, the review of this board by the
department shall be limited to only those unresolved issues
identified by the Joint Committee on Boards, Commissions, and
Consumer Protection review by the appropriate policy
committees of the Legislature .
(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).
SEC. 14. 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.
The
(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.
For
(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.
Appointments
(d) Appointments shall be made in
accordance with the provisions of civil service laws.
This
(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. 9. SEC. 15. 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. SEC. 16. 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 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.
SEC. 17. Section 7885 of the Business
and Professions Code is amended to read:
7885. The board shall report each month to the State Controller
the amount and source of all revenue received by it pursuant to this
chapter and at the same time pay the entire amount thereof into the
State Treasury for credit to the Geology and Geophysics
Fund, which fund is hereby created Professional
Engineer's, Land Surveyor's, Geologist's, and Geophysicist's Fund,
established in Section 6797 .
SEC. 18. Section 7886 of the Business
and Professions Code is amended to read:
7886. The money moneys paid into
the Geology and Geophysics Professional
Engineer's, Land Surveyor's, Geologist's, and Geophysicist's
Fund shall pursuant to this chapter are hereby
appropriated to be used by the board to carry out the
provisions of this chapter.
SEC. 19. Section 7887 of the Business
and Professions Code is amended to read:
7887. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for registration as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination at not more than two hundred and fifty dollars ($250).
(b) The registration fee for a geologist or for a geophysicist and
the fee for the certification in a specialty shall be fixed at an
amount equal to the renewal fee in effect on the last regular renewal
date before the date on which the certificate is issued, except
that, with respect to certificates that will expire less than one
year after issuance, the fee shall be fixed at an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued. The board may,
by appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee at not more than six dollars
($6).
(d) The temporary registration fee for a geologist or for a
geophysicist at not more than eighty dollars ($80).
(e) The renewal fee for a geologist or for a geophysicist shall be
fixed by the board at not more than four hundred dollars ($400).
(f) The renewal fee for a specialty geologist or for a specialty
geophysicist at not more than one hundred dollars ($100).
(g) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.
(h) Each applicant for registration as a geologist shall pay an
examination fee fixed by the board at an amount equal to the actual
cost to the board to administer the examination described in
subdivision (d) of Section 7841 that shall not exceed four
hundred fifty dollars ($450) .
(i) Each applicant for registration as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
SEC. 11. SEC. 20. 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. 21. Section 8800 of the Business
and Professions Code is amended to read:
8800. The department shall receive and account for all money
derived under the operation of this chapter and, at the end of each
month, shall report such money to the State Controller and shall pay
it to the State Treasurer, who shall keep the money in a separate
fund known as the Professional Engineer's and
, Land Surveyor's , Geologist's, and Geophysicist's
Fund.
For accounting and recordkeeping purposes, the Professional
Engineer's and , Land Surveyor's ,
Geologist's, and Geophysicist's Fund shall be deemed to be a
single special fund, and shall be available for expenditure only for
the purposes as are now or may hereafter be provided by law.
The fees and civil penalties received under this chapter shall be
deposited in the Professional Engineer's and
, Land Surveyor's , Geologist's, and Geophysicist's
Fund. All moneys in the fund are hereby appropriated for the
purposes of this chapter.
SEC. 12. SEC. 22. 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 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2016 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. 13. SEC. 23. 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 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2016 2014 , deletes or
extends that date.
SEC. 24. Section 18618 of the Business
and Professions Code is amended to read:
18618. The commission shall furnish to the Governor and the
Legislature a report, on or before July 30, 2010
2012 , on the following:
(a) The condition of the State Athletic Commission Neurological
Examination Account. This report shall include the amount of the
assessment collected from each promoter pursuant to Section 18711,
the purposes for which moneys in the account are expended, and
findings and recommendations on the amounts, appropriateness, and
effectiveness of these assessments. The report shall also include a
recommendation on the viability and need for creating a medical
database that would be used for identifying trends in medical records
and data associated with injuries and deaths related to competing.
(b) The condition of the Boxers' Pension Fund. This report shall
include a recommendation on whether the fund should be continued and,
if so, whether it should be expanded to include all athletes
licensed under this chapter and appropriate fees paid into the fund.