BILL NUMBER: SB 543	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  JULY 12, 2011
	AMENDED IN ASSEMBLY  JUNE 23, 2011
	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,  205, 210,  5000, 5015.6,
5076, 5076.1, 5510, 5517, 5552.5, 5620, 5621, 5622, 6510, 6530, 6710,
6714, 6763.1,  6797,  7000.5, 7011, 7200, 7215.6,
7885, 7886, 7887, 8710,  8800,  18602, 18613, and
18618 of, and to add Sections 5063.10 and 6582.2 to, 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.
 The bill would also make technical, nonsubstantive changes to
those provisions to correct references to the names of various boards
and would correct references to the name of a specified fund. 

   (2) Existing law authorizes the Department of Consumer Affairs to
enter into a contract with a vendor for the licensing and enforcement
BreEZe system no sooner than 30 days after written notification to
certain committees of the Legislature. Existing law requires the
amount of contract funds for the system to be consistent with costs
approved by the office of the State Chief Information Officer, based
on information provided by the department in a specified manner.
Existing law provides that this cost provision is applicable to all
Budget Act items for the department that have an appropriation for
the BreEZe system.  
   This bill would authorize the Department of Finance to augment the
budgets of those boards, bureaus, commissions, committees, programs,
and divisions of the Department of Consumer Affairs for expenditure
of non-General Fund moneys to pay BreEZe project costs, as specified,
thereby making an appropriation.  
   (2) 
    (3)    Existing law provides for the licensure
and regulation of various businesses and professions by boards within
the Department of Consumer Affairs, including the California Board
of Accountancy, the California Architects Board, the Landscape
Architects Technical Committee, the Professional Fiduciaries Bureau,
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 and the State Athletic
Commission, with certain exceptions, to appoint an executive officer
and existing law authorizes the Governor to appoint the chief of the
Professional Fiduciaries Bureau. 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, and except the Professional Fiduciaries Bureau,
which would be extended until January 1, 2015. The bill would instead
specify that these boards would be subject to review by the
appropriate policy committees of the Legislature. 
   (3) 
    (4)    With respect to accounting firms,
existing law, until January 1, 2014, requires a firm, in order to
renew its registration, to have a specified peer review report
accepted by a California Board of Accountancy-recognized peer review
group. Existing law, until January 1, 2014, requires the board to
appoint a peer review oversight committee of certified public
accountants to provide recommendations to the board relating to the
effectiveness of mandatory peer review. Existing law also requires
the board, by January 1, 2013, to provide the Legislature and the
Governor with a report regarding specified peer review requirements
that includes specified information.
   This bill would extend the operation of the peer review report
requirement and the peer review oversight committee indefinitely. The
bill would require the report to the Legislature and the Governor to
be submitted by January 1, 2015, and would require the report to
include certain additional information and recommendations.
   Existing law requires an accountant licensee to report to the
board the occurrence of certain events taking place after January 1,
2003, including any restatement of a financial statement.
   This bill would exempt any restatement that is included in any
report filed with the United States Securities and Exchange
Commission from this requirement. 
   (4) 
    (5)    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. 
   (5) 
    (6)    Existing law prohibits a person from
holding himself or herself out as a professional fiduciary without a
license issued by the Professional Fiduciaries Bureau. Existing law
exempts from the license requirement a person enrolled as an agent to
practice before the Internal Revenue Service, as specified. Under
existing law, a license may be suspended, revoked, denied, or other
disciplinary action may be imposed for various reasons.
   This bill would revise the exemption requirement by additionally
requiring that the enrolled agent provide only  nonmedical 
 -   related, incidental,  fiduciary services
 that are ancillary to the primary services of an enrolled
agent  and that those services be provided at the request of
a client with which the enrolled agent has an existing professional
relationship. The bill would authorize the bureau, instead of issuing
an accusation or statement of issues against a licensee or
applicant, to enter into a specified settlement with a licensee or
applicant. 
   (6) 
    (7)    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. 
   (7) 
    (8)    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. 
   (8) 
    (9)    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   create the Geology and Geophysics Account
within  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   account  . The
bill would require all moneys paid into the  fund 
 account  pursuant to the Geologists and Geophysicists Act
to be appropriated to carry out the provisions of the act  ,
thereby making an appropriation  . 
   (9) 
    (10)    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. 
   (10) 
    (11)    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: 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) 
    (9)  Board of Vocational Nursing and Psychiatric
Technicians. 
   (11) 
    (10)  Respiratory Care Board of California. 
   (12) Hearing Aid Dispensers Advisory Commission. 

   (13) 
    (11)  Physical Therapy Board of California. 
   (14) 
    (12)  Physician Assistant Committee of the Medical Board
of California. 
   (15) 
    (13)  Speech-Language Pathology and Audiology  and
Hearing Aid Dispenser  Board. 
   (16) 
    (14)  Medical Board of California. 
   (17) 
    (15)  State Board of Optometry. 
   (18) 
    (16)  Acupuncture Board. 
   (19) 
    (17)  Cemetery and Funeral Bureau. 
   (20) 
    (18)  Bureau of Security and Investigative Services.

   (21) 
    (19)  Division of Investigation. 
   (22) 
    (20)  Board of Psychology. 
   (23) The 
    (21)    California Board of Occupational
Therapy. 
   (24) 
    (22)  Structural Pest Control Board. 
   (25) 
    (23)  Contractors' State License Board. 
   (26) Bureau of 
    (24)    Naturopathic Medicine  Committee
 . 
   (27) The 
    (25)  Professional Fiduciaries Bureau. 
   (28) 
    (26)  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. 
   SEC. 2.    Section 205 of the   Business and
Professions Code   is amended to read: 
   205.  (a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:
   (1) Accountancy Fund.
   (2) California Architects Board Fund.
   (3) Athletic Commission Fund.
   (4) Barbering and Cosmetology Contingent Fund.
   (5) Cemetery Fund.
   (6) Contractors' License Fund.
   (7) State Dentistry Fund.
   (8) State Funeral Directors and Embalmers Fund.
   (9) Guide Dogs for the Blind Fund.
   (10) Home Furnishings and Thermal Insulation Fund.
   (11) California Architects Board-Landscape Architects Fund.
   (12) Contingent Fund of the Medical Board of California.
   (13) Optometry Fund.
   (14) Pharmacy Board Contingent Fund.
   (15) Physical Therapy Fund.
   (16) Private Investigator Fund.
   (17) Professional  Engineers'   Engineer's
 and Land  Surveyors'   Surveyor's 
Fund.
   (18) Consumer Affairs Fund.
   (19) Behavioral Sciences Fund.
   (20) Licensed Midwifery Fund.
   (21) Court Reporters' Fund.
   (22) Veterinary Medical Board Contingent Fund.
   (23) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
   (24) Electronic and Appliance Repair Fund.
   (25) Geology and Geophysics  Account of the Professional
Engineer's and Land Surveyor'   s  Fund.
   (26) Dispensing Opticians Fund.
   (27) Acupuncture Fund.
   (28) Physician Assistant Fund.
   (29) Board of Podiatric Medicine Fund.
   (30) Psychology Fund.
   (31) Respiratory Care Fund.
   (32) Speech-Language Pathology and Audiology Fund.
   (33) Board of Registered Nursing Fund.
   (34) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
   (35) Animal Health Technician Examining Committee Fund.
   (36) State Dental Hygiene Fund.
   (37) State Dental Assistant Fund.
   (38) Hearing Aid Dispensers Account of the Speech-Language
Pathology and Audiology Fund.
   (b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund. Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
   SEC. 3.    Section 210 of the   Business and
Professions Code   is amended to read: 
   210.  (a) (1) The department may enter into a contract with a
vendor for the BreEZe system, the integrated, enterprisewide
enforcement case management and licensing system described in the
department's strategic plan, no sooner than 30 days after
notification in writing to the chairpersons of the Appropriations
Committees of each house of the Legislature and the Chairperson of
the Joint Legislative Budget Committee.
   (2) The amount of BreEZe system vendor contract funds, authorized
pursuant to this section, shall be consistent with the project costs
approved by the office of the State Chief Information Officer based
on its review and approval of the most recent BreEZe Special Project
Report to be submitted by the department prior to contract award at
the conclusion of procurement activities.
   (3) Paragraph (2) shall apply to all Budget Act items for the
department that have an appropriation for the BreEZe system.
   (b) (1) If the department enters into a contract with a vendor for
the BreEZe system pursuant to subdivision (a), the department shall,
by December 31, 2014, submit to the Legislature, the Senate
Committee on Business, Professions and Economic Development, the
Assembly Committee on Business, Professions and Consumer Protection,
and the budget committees of each house, a report analyzing the
workload of licensing personnel employed by boards within the
department participating in the BreEZe system.
   (2) A report to the Legislature pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government Code.

   (3) This subdivision shall become inoperative on December 1, 2018,
pursuant to Section 10231.5 of the Government Code. 
   (c) (1) Notwithstanding any other provision of law, upon the
request of the Department of Consumer Affairs, the Department of
Finance may augment the budgets of the boards, bureaus, commissions,
committees, programs, and divisions that comprise the Department of
Consumer Affairs, as defined in Section 101, for expenditure of
non-General Fund moneys to pay BreEZe project costs. The augmentation
may be made no sooner than 30 days after notification in writing to
the chairpersons of the committees in each house of the Legislature
that consider appropriations and the Chairperson of the Joint
Legislative Budget Committee, or no sooner than whatever lesser time
the chairperson of the joint committee may in each instance
determine. The amount of funds augmented pursuant to the authority of
this subdivision shall be consistent with project cost increases
approved by the Secretary of California Technology based on the
secretary's review and approval of the most recent BreEZe Special
Project Report to be submitted at the conclusion of procurement
activities. This subdivision shall apply to all Budget Act items for
the boards, bureaus, commissions, committees, programs, and divisions
that comprise the Department of Consumer Affairs, as defined in
Section 101, that have an appropriation for the BreEZe system in the
Budget Act of 2011.  
   (2) This subdivision shall become inoperative upon enactment of
the Budget Act of 2012. 
   SEC. 2.   SEC. 4.   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, 7 of
whom shall be licensees, and 8 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
Committee on Rules 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, 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. However, the review of the board
shall be limited to reports or studies specified in this chapter and
those issues identified by the appropriate policy committees of the
Legislature and the board regarding the implementation of new
licensing requirements.
   SEC. 3.   SEC. 5.   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, 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. 6.   Section 5063.10 is
added to the Business and Professions Code, to read:
   5063.10.  (a) Any restatement of a financial statement that is
included in any report filed with the United States Securities and
Exchange Commission shall be exempt from the requirement described in
paragraph (1) of subdivision (b) of Section 5063.
   (b) Nothing in this section shall be construed to require the
reporting of any restatement of a financial statement that is not
required to be submitted to the board pursuant to  Section 59
of Title 16 of the California Code of Regulations.  
the regulations adopted by the board in effect on the date this 
 section becomes operative. 
   SEC. 5.   SEC. 7.   Section 5076 of the
Business and Professions Code is amended to read:
   5076.  (a) In order to renew its registration, a firm, as defined
in Section 5035.1, shall have a peer review report of its accounting
and auditing practice accepted by a board-recognized peer review
program no less frequently than every three years.
   (b) For purposes of this article, the following definitions apply:

   (1) "Peer review" means a study, appraisal, or review conducted in
accordance with professional standards of the professional work of a
firm, and may include an evaluation of other factors in accordance
with the requirements specified by the board in regulations. The peer
review report shall be issued by an individual who has a valid and
current license, certificate, or permit to practice public
accountancy from this state or another state and is unaffiliated with
the firm being reviewed.
   (2) "Accounting and auditing practice" includes any services that
are performed using professional standards defined by the board in
regulations.
   (c) The board shall adopt regulations as necessary to implement,
interpret, and make specific the peer review requirements in this
section, including, but not limited to, regulations specifying the
requirements for board recognition of a peer review program,
standards for administering a peer review, extensions of time for
fulfilling the peer review requirement, exclusions from the peer
review program, and document submission.
   (d) The board shall adopt emergency regulations in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) to establish policies, guidelines, and procedures as outlined
in subdivision (c). The adoption of the regulations shall be
considered by the Office of Administrative Law to be necessary for
the immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and publication in the California Code of Regulations, and shall be
replaced in accordance with the Administrative Procedure Act.
   (e) Nothing in this section shall prohibit the board from
initiating an investigation and imposing discipline against a firm or
licensee, either as the result of a complaint that alleges
violations of statutes, rules, or regulations, or from information
contained in a peer review report received by the board.
   (f) A firm issued a substandard peer review report, as defined by
the board in regulation, shall submit a copy of that report to the
board. The board shall establish in regulation the time period that a
firm must submit the report to the board. This period shall not
exceed 60 days from the time the report is accepted by a
board-recognized peer review program provider to the date the report
is submitted to the board.
   (g) (1) A board-recognized peer review program provider shall file
a copy with the board of all substandard peer review reports issued
to California-licensed firms. The board shall establish in regulation
the time period that a board-recognized peer review program provider
shall file the report with the board. This period shall not exceed
60 days from the time the report is accepted by a board-recognized
peer review program provider to the date the report is filed with the
board. These reports may be filed with the board electronically.
   (2) Nothing in this subdivision shall require a board-recognized
peer review program provider, when administering peer reviews in
another state, to violate the laws of that state.
   (h) The board shall, by January 1, 2010, define a substandard peer
review report in regulation.
   (i) Any requirements imposed by a board-recognized peer review
program on a firm in conjunction with the completion of a peer review
shall be separate from, and in addition to, any action by the board
pursuant to this section.
   (j) Any report of a substandard peer review submitted to the board
in conjunction with this section shall be collected for
investigatory purposes.
   (k) Nothing in this section affects the discovery or admissibility
of evidence in a civil or criminal action.
   (l) Nothing in this section requires any firm to become a member
of any professional organization.
   (m) A peer reviewer shall not disclose information concerning
licensees or their clients obtained during a peer review, unless
specifically authorized pursuant to this section, Section 5076.1, or
regulations prescribed by the board.
   (n) (1) By January 1, 2015, the board shall provide the
Legislature and Governor with a report regarding the peer review
requirements of this section that includes, without limitation:
   (A) The number of peer review reports completed to date and the
number of reports which were submitted to the board as required in
subdivision (f).
   (B) The number of enforcement actions that were initiated as a
result of an investigation conducted pursuant to subdivision (j).
   (C) The number of firms that were recommended to take corrective
actions to improve their practice through the mandatory peer review
process, and the number of firms that took corrective actions to
improve their practice following recommendations resulting from the
mandatory peer review process.
   (D) The extent to which mandatory peer review of accounting firms
enhances consumer protection.
   (E) The cost impact on firms undergoing mandatory peer review and
the cost impact of mandatory peer review on the firm's clients.
   (F) A recommendation as to whether the mandatory peer review
program should continue.
   (G) The extent to which mandatory peer review of small firms or
sole practitioners that prepare nondisclosure compiled financial
statements on an other comprehensive basis of accounting enhances
consumer protection.
   (H) The impact of peer review required by this section on small
firms and sole practitioners that prepare nondisclosure compiled
financial statements on an other comprehensive basis of accounting.
   (I) The impact of peer review required by this section on small
businesses, nonprofit corporations, and other entities that utilize
small firms or sole practitioners for the purposes of nondisclosure
compiled financial statements prepared on an other comprehensive
basis of accounting.
   (J) A recommendation as to whether the preparation of
nondisclosure compiled financial statements on  another
  an other  comprehensive basis of accounting
should continue to be a part of the mandatory peer review program.
   (2) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   SEC. 6.   SEC. 8.   Section 5076.1 of
the Business and Professions Code is amended to read:
   5076.1.  (a) The board shall appoint a peer review oversight
committee of certified public accountants of this state who maintain
a license in good standing and who are authorized to practice public
accountancy to provide recommendations to the board on any matter
upon which it is authorized to act to ensure the effectiveness of
mandatory peer review.
   (b) The committee may request any information from a
board-recognized peer review program provider deemed necessary to
ensure the provider is administering peer reviews in accordance with
the standards adopted by the board in regulations. Failure of a
board-recognized peer review program provider to respond to the
committee shall result in referral by the committee of the provider
to the board for further action. Any information obtained by the
board, its representatives, or the peer review oversight committee in
conjunction with its review of peer review program providers shall
not be a public record, and shall be exempt from public disclosure,
provided, however, this information may be disclosed under any of the
following circumstances:
   (1) In connection with disciplinary proceedings of the board.
   (2) In connection with legal proceedings in which the board is a
party.
   (3) In response to an official inquiry by a federal or state
governmental regulatory agency.
   (4) In compliance with a subpoena or summons enforceable by court
order.
   (5) As otherwise specifically required by law.
   (c) The members of the committee shall be appointed to two-year
terms and may serve a maximum of four consecutive terms.
   (d) The board may adopt, as necessary, regulations further
defining the minimum qualifications for appointment as a committee
member and additional administrative elements designed to ensure the
effectiveness of mandatory peer review.
   SEC. 7.   SEC. 9.   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. 8.  SEC. 10.   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. 9.   SEC. 11.   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. 10.  SEC. 12.   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. 11.   SEC. 13.   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. 12.   SEC. 14.   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. 13.   SEC. 15.   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,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, 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.
   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.
   SEC. 14.   SEC. 16.   Section 6530 of
the Business and Professions Code is amended to read:
   6530.  (a) On and after January 1, 2009, no person shall act or
hold himself or herself out to the public as a professional fiduciary
unless that person is licensed as a professional fiduciary in
accordance with the provisions of this chapter.
   (b) This section does not apply to a person licensed as an
attorney under the State Bar Act (Chapter 4 (commencing with Section
6000)).
   (c) This section does not apply to a person licensed as, and
acting within the scope of practice of, a certified public accountant
pursuant to Chapter 1 (commencing with Section 5000) of Division 3.
   (d) This section does not apply to a person enrolled as an agent
to practice before the Internal Revenue Service pursuant to Part 10
of Title 31 of the Code of Federal Regulations, who is providing 
nonmedical-related, incidental,  fiduciary services 
that are ancillary to the primary services of an enrolled agent,
 and those services are provided at the request of a client
with which the enrolled agent has an existing professional
relationship. However, an enrolled agent who is soliciting clients
for fiduciary services or holding himself or herself out as a
professional fiduciary shall hold a license in accordance with this
chapter.
   SEC. 15.   SEC. 17.   Section 6582.2 is
added to the Business and Professions Code, to read:
   6582.2.  (a) Notwithstanding Section 6582 and Section 11415.60 of
the Government Code, the bureau may enter into a settlement with a
licensee or applicant instead of the issuance of an accusation or
statement of issues against that licensee or applicant.
   (b) The settlement shall identify the factual basis for the action
being taken and the statutes or regulations violated.
   (c) Any settlement with a licensee executed pursuant to this
section shall be considered discipline and a public record and shall
be posted on the bureau's Internet Web site. Any settlement with an
applicant executed pursuant to this section shall be considered a
public record and shall be posted on the bureau's Internet Web site.
   SEC. 16.   SEC. 18.   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. 17.   SEC. 19.   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. 18.   SEC. 20.   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 for structural
engineering that is administered by a nationally recognized entity
approved by the board. 
  SEC. 19.    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, Land Surveyor's, Geologist'
s, and Geophysicist's Fund.
   For accounting and recordkeeping purposes, the Professional
Engineer's, 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, Land Surveyor's, Geologist'
s, and Geophysicist's Fund. All moneys in the fund are hereby
appropriated for the purposes of this chapter. 
   SEC. 20.   SEC. 21.   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. 21.   SEC. 22.   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.
   SEC. 22.   SEC. 23.   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. 23.   SEC. 24.   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. 24.   SEC. 25.   Section 7885 of
the Business and Professions Code is amended to read:
   7885.   (a)    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
 Professional Engineer's, Land Surveyor's, Geologist's, and
Geophysicist's Fund, established in Section 6797.  
Geology and Geophysics Account, which is hereby created within the
Professional Engineer's and Land Surveyor's Fund established in
Section   6797.  
   (b) All moneys in the Geology and Geophysics Fund on January 1,
2012, shall be transferred on that date to the Geology and Geophysics
Account of the Professional Engineer's and Land Surveyor's Fund.

   SEC. 25.   SEC. 26.   Section 7886 of
the Business and Professions Code is amended to read:
   7886.  The moneys paid into the  Professional Engineer's,
Land Surveyor's, Geologist's, and Geophysicist's  
Geology and Geophysics Account of the Professional Engineer's and
Land Surveyor's  Fund pursuant to this chapter are hereby
appropriated to be used by the board to carry out the provisions of
this chapter.
   SEC. 26.   SEC. 27.   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.
   (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. 27.   SEC. 28.   Section 8710 of
the Business and Professions Code is amended to read:
   8710.  (a) The Board for Professional Engineers  and Land
Surveyors   , Land Surveyors, and Geologists  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. 28.    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, Land Surveyor's, Geologist'
s, and Geophysicist's Fund.
   For accounting and recordkeeping purposes, the Professional
Engineer's, 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, Land Surveyor's, Geologist'
s, and Geophysicist's Fund. All moneys in the fund are hereby
appropriated for the purposes of this chapter. 
  SEC. 29.  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,
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. 30.  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,
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. 31.  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, 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.