BILL ANALYSIS Ó
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|Hearing Date:May 2, 2011 |Bill No:SB |
| |543 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 543Author:Price
As Amended:April 14, 2011Fiscal: Yes
SUBJECT: Business and professions: regulatory boards.
SUMMARY: Extends the sunset date of the California Architects Board
(CAB), Contractors State License Board (CSLB), Landscape Architects
Technical Committee (LATC), Board for Professional Engineers, Land
Surveyors, and Geologists (BPELSG), State Board of Guide Dogs for the
Blind (Guide Dog Board), State Athletic Commission (Commission).
Makes programmatic and administrative changes to some of the boards,
committees and commissions whose operation is being extended.
Existing law:
1) Provides for the licensing and regulation of various professions
and businesses by some
23 boards, 4 committees, 8 bureaus, and 1 commission within the
Department of Consumer Affairs under various Business and
Professions Code (BPC) licensing acts.
2) Requires the licensing applicants of specified boards to submit a
full set of fingerprints for the purposes of conducting criminal
history record checks, and authorizes the licensing boards to
obtain and receive, at its discretion, criminal history information
from the Department of Justice (DOJ) and the Federal Bureau of
Investigation (FBI). The boards subject to this requirement are:
(BPC § 144)
California Board of Accountancy
State Athletic Commission
Board of Behavioral Sciences
Court Reporters Board
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State Board of Guide Dogs for the Blind
California State Board of Pharmacy
Board of Registered Nursing
Veterinary Medical Board
Registered Veterinary Technician Committee
Board of Vocational Nursing and Psychiatric Technicians
Respiratory Care Board of California
Hearing Aid Dispensers Advisory Commission
Physical Therapy Board
Physician Assistant Committee of the Medical Board of
California
Speech-Language Pathology and Audiology Board
Medical Board of California
State Board of Optometry
Acupuncture Board
Cemetery and Funeral Bureau
Bureau of Security and Investigative Services
Division of Investigation
Board of Psychology
The California Board of Occupational Therapy
Structural Pest Control Board
Contractors State License Board
Bureau of Naturopathic Medicine
The Professional Fiduciaries Bureau
3)Establishes CAB until January 1, 2012. (BPC § 5510)
4)Authorizes CAB to appoint an Executive Officer (EO) until
January 1, 2012.
(BPC § 5517)
5)Authorizes the CAB to regulate and implement an intern
development program until January 1, 2012. (BPC § 5552.5)
6)Specifies that licenses issued or renewed by CAB expire at 12
midnight on the last day of the birth month of the license
holder in each odd numbered year following the issuance or
renewal of the license. Clarifies that to renew an unexpired
license, the license holder shall apply for renewal before the
time at which the license would otherwise expire. (BPC § 5600)
7)Establishes LATC under CAB until January 1, 2012 and authorizes
LATC to: assist CAB in the examination of candidates for a
landscape architect's license; investigate, assist and make
recommendations to CAB about the regulation of landscape
architects; perform delegated duties and functions and; send a
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representative to CAB meetings to report on activities. (BPC §
5620 and BPC § 5622)
8)Establishes BPELSG until January 1, 2012. (BPC § 6710)
9)Authorizes BPELSG to appoint an EO until January 1, 2012. (BPC
§ 6714)
10)Prohibits use of the title "structural engineer" by any person
unless he or she is a licensed civil engineer in California and
has been deemed qualified as a structural engineer according to
rules and regulations established by BPELSG. (BPC § 6736)
11)Specifies that an applicant to use the title "structural
engineer" must pass a written exam that incorporates a national
exam by a nationally recognized entity approved by BPELSG and
must pass a supplemental California specific exam that tests the
applicant's knowledge of state laws, rules and regulations,
seismicity and structural engineering unique to this state.
(BPC § 6763.1)
12)Creates the Professional Engineer and Land Surveyor's Fund.
(BPC § 6797 and BPC § 8800)
13)Establishes CSLB, subject to review by DCA limited only to
unresolved issues identified by the Joint Committee on Boards,
Commissions and Consumer Protection, until January 1, 2012.
(BPC § 7000.5)
14)Authorizes CSLB to appoint, with DCA director approval, a
registrar of contractors as EO until January 1, 2012. (BPC §
7011)
15)Establishes the Guide Dog Board until January 1, 2012 (BPC §
7200).
16)Establishes a pilot project for arbitration of disputes between
dog users and dog schools over continued custody and use of dogs
until January 1, 2012. (BPC § 7215.6)
17)Establishes the Geologists and Geophysics Fund. (BPC § 7885)
18)Requires applicants for registration as a geologist to pay an
exam fee set by the board, not to exceed $450. (BPC § 7887)
19)Establishes BPELSG as the entity responsible for carrying out
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the Professional Land Surveyors Act until January 1, 2012. (BPC
§ 8710)
20)Establishes the Commission until January 1, 2012. (BPC §
18602)
21)Requires the Commission to provide a report to the Legislature
by July 30, 2010 on the condition of the Neurological
Examination Account and the Boxers' Pension Fund.
This bill:
1) Adds BPELSG to the list of specified boards whose licensing
applicants are required to submit a full set of fingerprints for
the purposes of conducting criminal history record checks.
2) Extends the date of operation of CAB until January 1, 2014.
3) Removes the sunset date on CAB's authority to implement an intern
development program, granting permanent authority to CAB.
4) Amends CAB's license renewal process to clarify that licenses
expire no more than 24 months after the issue date and to clarify
that the expiration date of the original license shall be set by
CAB in a manner to best distribute renewal procedures throughout
each year. Specifies that to renew and unexpired license, the
license holder shall apply for a renewal on or before the
expiration date of the license.
5) Extends the date of operation of LATC until January 1, 2014.
6) Extends the date of operation of BPELSG until January 1, 2014.
7) Deletes the requirement for a California specific exam for
structural engineers.
8) Adds "Geologist's and Geophysicist's" to the name of the BPELSG
fund, creating the "Board of Professional Engineer's, Land
Surveyor's, Geologist's and Geophysicist's Fund."
9) Removes the cap on the exam fee set by the BPELSG for registration
as a geologist.
10)Extends the operation of CSLB until January 1, 2012 and deletes an
obsolete reference to the Joint Committee on Boards, Commissions
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and Consumer Protection.
11)Extends the operation of the Guide Dog Board and arbitration pilot
project until January 1, 2014.
12)Extends the operation of the Commission until January 1, 2014 and
requires the Commission to provide a report to the Legislature by
July 30, 2012 on the condition of the Neurological Examination
Account and the Boxers' Pension Fund.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1. Purpose. This bill is one of 7 "sunset bills" authored by the
Chair of the Business Professions and Economic Development
Committee (Committee). Under current law, each of the boards,
committees and commissions named below will expire on January 1,
2012. SB 543 makes necessary statutory changes to the Business and
Professions Code to extend the sunset date of the California
Architects Board (CAB), Contractors State License Board (CSLB),
Landscape Architects Technical Committee (LATC), Board for
Professional Engineers, Land Surveyors, and Geologists (BPELSG),
State Board of Guide Dogs for the Blind (Guide Dog Board), State
Athletic Commission (Commission). This bill will ensure that
consumers continue to be protected by oversight of the
professionals licensed by CAB, CSLB, LATC, BPELSG, Guide Dog Board
and Commission while also implementing changes to better promote
the protection of the public, as recommended by the Committee in
Background Papers for the recent oversight hearings, based on
collection of substantive data and testimony.
2. Background. In 2011, the Committee conducted oversight hearings to
review 9 boards: the Board of Registered Nursing, the Board of
Vocational Nursing and Psychiatric Technicians, the Dental Board of
California, the Commission, the Board of Accountancy, Professional
Fiduciaries Bureau, the CSLB, the BPELSG, the CAB and the LATC.
The Committee also conducted oversight hearings of the Department
of Real Estate and the Office of Real Estate Appraisers. The
Committee began its review of these licensing agencies in March
with three days of hearings. This bill, and the accompanying
sunset bills, is intended to implement legislative changes as
recommended in the Committee's Background Papers for several
licensing boards reviewed by the Committee this year.
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3. California Architects Board (CAB). The CAB is responsible for
implementation and enforcement of the Architects Practice Act; the
laws and regulations related to the licensure, practice and
discipline of the architecture and landscape architecture industry
in California. CAB currently licenses 24,117 licensees.
CAB renews licenses on a bi-annual basis in set years, rather than
as an ongoing process, which appears to be impacting the Board's
budget balancing. As all boards and commissions under DCA are
currently subject to a hiring freeze imposed by Governor Brown,
following the action of his predecessor Governor Schwarzenegger,
staff shortages and limited resources are a problem many boards are
experiencing. Additionally, Governor Brown's budget proposes
borrowing money from other boards as loans to the General Fund to
make up for a significant budget shortfall for FY 2011-12. While
CAB may not immediately be impacted by this effort, streamlining
its internal processes to prepare for further impact to its ability
to effectively conduct business should be a goal. The Committee
found that renewal and associated fees should be ongoing, rather
than performed in stated years to better utilize staff resources
while balancing revenue with expenditures. This bill amends CAB's
license renewal fee collection process so that renewals occur in a
manner that may create a steadier and more predictable fund level
from year to year.
CAB has implemented important programmatic and operational changes
and enhancements since its last sunset extension, as well as made
important policy decisions and adopted regulatory changes,
including:
Converting its California Supplemental Examination (CSE)
from the oral format to a computer based format which is much
more accessible to candidates, as is be available 6 days a
week year round at 13 different sites throughout California
and ten sites out of state, rather than the previous oral
format, which was offered 6 times per year alternating between
the Bay Area and Orange County.
The addition of Continuing Education Requirement on
Disabled Access. The Board now requires licensees to complete
five hours of continuing education on disabled access
provisions each two year renewal period.
Implementation of a structured internship program which
is viewed as a valuable tool of assuring that interns gain
broad experience in all relevant areas of practice and as a
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critical means of ensuring reciprocity so California
architects have greater ability to practice in other states.
Implementation of a Website, www.architect.ca.gov, which
is designed to explain licensure requirements to students and
the wide range of career possibilities in architecture.
Conducting a major study of education and experience
requirements for landscape architect.
Implementation of regulations to allow for: public
information disclosure to ensure clear, consistent, and
complete information is available for consumers; increased
fines that can be assessed for violations of the Architects
Practice Act; requirement for licensee response for
information requested regarding complaints; clarifying what
type of business can use the word "architect" in its name;
codifying a national standard of specifying that exam scores
for a division of the national exam are good for five years;
sponsoring legislation to clarify that licensees and insurance
companies report settlement, judgments and arbitration awards
over $5,000; sponsoring legislation to clarify how unlicensed
individuals can collaborate with architects and; supporting
and implementing legislation requiring California architects
to complete mandatory continuing education courses on disabled
access requirements as a condition of license renewal.
In 2004, the Board adopted a structured internship requirement as a
prerequisite for licensure as a means of exposing interns to a full
range of the necessary areas of practice. Candidates who are
eligible to take the Architect Registration Examination (ARE),
which is administered by the National Council of Architectural
Registration Boards (NCARB), are required to complete NCARB's
Intern Development Program (IDP). To complement IDP, CAB developed
its Comprehensive Intern Development Program (CIDP) which aims to
ensure that an intern's experience is effective and verified. The
program is designed to encourage better communication between the
intern and supervisor while enhancing accountability. CIDP
requires interns to gain practical experience performing specific
key functions in the practice of architecture and submit
evidence-based documentation of that experience through work
samples and written narratives that are discussed by interns and
their supervisors. The program is working well and CAB's efforts
to shape its future have been successful, and are continuing. This
bill grants CAB permanent authority to implement an intern
development program.
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The Committee found that CAB has shown over the years a strong
commitment to improve its overall efficiency and effectiveness and
has worked cooperatively with the Legislature and Committee to
bring about necessary changes. This bill extends the sunset on CAB
for 4 years .
1. Landscape Architects Technical Committee (LATC). California began
regulating the practice of landscape architecture in 1953 with the
formation of the Board of Landscape Architects (BLA). In 1997, BLA
was allowed to sunset after review by this Committee and CAB was
recommended as the appropriate oversight agency for landscape
architects, due to the similarities between the two professions and
the existing infrastructure of CAB's regulatory programs. In April
1997, the groups reached consensus and CAB unanimously supported
legislation to establish LATC under its jurisdiction. LATC was
statutorily established, with the purpose of acting in an advisory
capacity to CAB on examination and other matters pertaining to the
regulation of the practice of landscape architecture in California.
This structure allows LATC and CAB to perform all of the licensing
and enforcement functions required of a state regulatory body.
LATC is responsible for the examination, licensure, and enforcement
programs concerning landscape architects in the state of
California. LATC currently licenses more than 3,500 of the over
15,000 licensed landscape architects in the United States.
California has both a practice act, which precludes unlicensed
individuals from practicing landscape architecture, and a title
act, which restricts the use of the title "landscape architect" to
those who have been licensed by LATC.
In 2004, the California Performance Review's (CPR), conducted
during Governor Schwarzenegger's second year in office,
recommendation was to eliminate CAB and LATC because they are not
needed to conduct licensing and regulatory activities of
professional disciplines and to transfer their functions to the new
Division of Licensing under the Department of Commerce and Consumer
Protection. Both the Legislative Analyst Office and the CPR
Commission rejected this proposal. The Governor's Reorganization
Plan to convert CAB to a bureau and eliminate LATC was rejected by
the Legislature.
LATC has implemented important programmatic and operational changes
and enhancements since its last sunset extension, as well as made
important policy decisions and adopted regulatory changes,
including:
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Conducting an occupational analysis to identify critical
job activities performed by landscape architects licensed in
California as part of LATC's comprehensive review of the
practice of landscape architecture and to serve as a basis for
the examination program.
Providing a report and recommendations on California's
eligibility requirements and access to landscape architecture
licensure in California.
Taking steps to increase awareness of LATC and the
profession it regulates through outreach efforts to public
agencies, firms/businesses, associations, landscape
architectural schools and inviting landscape architecture
faculty to attend and participate at LATC meetings.
Strengthening its enforcement program by adding an
additional 0.4 position.
Clarifying the exempt area of practice for consumers and
practitioners in order to ensure the public's safety and
promote efficient enforcement of statutes through legislative
changes.
Creating a candidate education/experience tracking
system based on the recommendations of the Education
Subcommittee.
Streamlining examination processing and reducing costs
by contracting with the Council of Landscape Architectural
Registration Boards (CLARB) to administer all five sections of
the Landscape Architects Registration Examination (LARE).
Redeveloping the format of the California Supplemental
Exam (CSE) from a take-home written exam to a computer-based,
multiple choice exam.
Reviewing and approving the University of California
Extension Certificate Programs according to LATC's
requirements for an approved Extension Certificate Program.
Holding annual strategic planning sessions.
Updating publications to reflect changes in licensure
requirements and landscape architecture laws.
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Creating an email subscription lists for landscape
architect candidates, licensees, professionals, faculty and
the public.
Creating an online consumer satisfaction survey to
analyze trends and improve services.
LATC has shown over the years a strong commitment to improve its
overall efficiency and effectiveness and has worked cooperatively
with the Legislature and this Committee to bring about necessary
changes. It is a regulatory program that has been found to be
efficient and effective when previously reviewed during Sunset
Review and by DCA. One of the benefits of ongoing regulation of
the profession is direct participation of landscape architects in
decisions regarding oversight of their profession. This bill
extends the sunset on LATC for 4 years .
1. Board for Professional Engineers, Land Surveyors, and Geologists
(BPELSG). BPELSG is responsible for regulating the practice of
professional engineers and a number of branches of engineering, and
also land surveyors, geologists and geophysicists. Engineers, land
surveyors, geologists, and geophysicists make professional
judgments, which have major financial, health, safety, and other
significant consequences on a daily basis. BPELSG is responsible
for implementation and enforcement of the Professional Engineers
Act, the
Professional Land Surveyors' Act, and the Geologist and
Geophysicist Act; the laws and regulations related to the
education, examination, licensure, practice and discipline of
engineers, land surveyors, geologists and geophysicists.
BPELSG has implemented important programmatic and operational
changes and enhancements since its last sunset extension, as well
as made important policy decisions and adopted regulatory changes,
including:
Implementation of its reporting of legal actions program
where all professional engineers and land surveyors are
required to report criminal convictions; civil action
judgments, settlements, and arbitration awards; and
administrative actions to the Board within 90 days of their
occurrence or from when the licensee has knowledge of the
action.
Authorization of a selected organization to receive
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payments directly from applicants for examination fees and
contracting with an outside vendor for the direct collection
of national examination fees.
More timely licensure of eligible candidates.
Biennial strategic planning sessions to review
accomplishments during the previous two years and to revise
the plan to reflect future goals and objectives.
Use of a national examination to better facilitate
licensure in California of structural engineers who are
licensed in other states.
BPELSG currently treats the licensing and regulation of geologists
and geophysicists as a separate function (Program) apart from that
of the licensing and regulation of engineers and land surveyors.
Legislation enacted during the 4th Extraordinary Session of 2009
(ABx4 20) eliminated the Board for Geologists and Geophysicists and
transferred all of the duties, powers, purposes, responsibilities,
and jurisdiction to regulate the practices of geology and
geophysics to the Board for Professional Engineers and Land
Surveyors (BPELS). The transfer of authority became effective
October 23, 2009. The Geologist and Geophysicist Act and the Rules
and Regulations pertaining to the practices of geology and
geophysics remained in effect. The title of BPELS was then changed
to the "Board for Professional Engineers, Land Surveyors, and
Geologists" pursuant to AB 1431 (Hill, Chapter 696, Statutes of
2010) and the composition of the Board was also increased from 13
to 15 by adding a licensed geologist or geophysicist and a public
member to the Board. It was the decision of BPELSG to continue with
a separate "Geologists and Geophysicists Program" to provide for
the licensing and qualifications and enforce the laws and
regulations as it pertains to geologists and geophysicists.
The Geologist and Geophysicists Program is a parallel program to
that for engineers and land surveyors. The budget, staff, and
online systems have been maintained as separate programs, and all
fees are directed to the appropriate accounts. The former Board for
Geologists and Geophysicists Fund has not been comingled with the
Engineers and Land Surveyors Fund. There is some indication that
the reason for keeping the merger of the Geologist and Geophysicist
Board with that of BPELSG as a separate Program was that there may
be some action in the future to possibly undo what the Governor and
Legislature did back in 2009 (based on a lawsuit that had been
filed by an association of professional geologists following the
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elimination of the Board for Geologists and Geophysicists). This
appears doubtful. It was also looked upon as a "cost savings"
approach by the former Governor when the staffing of the Geologists
and Geophysicists Board was reduced. Bringing the separate program
of geologists and geophysicists under BPELSG may at least help
address some of the resource and staffing issues which both this
separate Program has as well as that of BPELSG and improve the
overall effectiveness of the functions of this Program. This bill
merges the Geologists and Geophysicists program with that of the
engineers and land surveyors and eliminates the separate Geologists
and Geophysicists Fund, specifying that all moneys should be
deposited into the new Professional Engineer's, Land Surveyor's,
Geologist's and Geophysicist's Fund .
According to BPELSG, prior to 2004, a civil engineer applying to
use the title "structural engineer" was required to pass the
16-hour California Structural examination. At that time, the
National Council of Examiners for Engineering and Surveying (NCEES)
also provided a national examination for structural engineers, but
it was not used for licensing in California. Based on discussions
during the prior Sunset Review process, it was determined that the
Board should use the national examination in conjunction with a
state specific examination. The Board made this transition in 2004.
The Board's Structural Engineers Technical Advisory Committee (SE
TAC) recommended to the Board in April of 2009 that the new 16-hour
NCEES Structural examination be administered in California for
structural licensing beginning in April 2011, and that the
legislative requirement for a California specific structural
examination be eliminated. The requirements for a California
specific examination for structural engineering is unnecessary
since the 16-hour NCEES Structural Examination has been considered
as testing for all the material previously provided in the state
specific examination. Reliance on the national exam can also
greatly facilitate comity licensing, as all other states will be
using this new examination as the only requirement for structural
licensing. This bill eliminates the requirement for a state
specific structural engineering examination so that BPELSG no
longer has to create a "take-home" multiple choice examination to
meet the current statutory requirement.
BPELSG attempted, after seeking this same authority in 2003 and
2004, to seek legislation to obtain authority to fingerprint
applicants to best determine criminal activity or record. BPELSG
indicates that its applications for in-training certificates and
for professional licensure require all applicants to state whether
or not they have been convicted of a crime, because current law
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allows the Board to deny certification or licensure if the
applicant has been convicted of a crime substantially related to
the qualifications, functions, and duties of the professional
practice. However, the Board does not have the legal authority to
obtain criminal history information to verify if the information
provided on the applications is correct. Since the Board has no
legal authority to independently verify the truthfulness of an
applicant's response, the Board must rely solely on the information
provided by the applicant on the applications. This current process
does not adequately protect consumers. Additionally, the Board can
take disciplinary action against a licensee if the licensee has
been convicted of a crime substantially related to the
qualifications, functions, and duties of the professional practice.
However, the Board is not able to proactively monitor whether its
licensees have been convicted of crimes because it is not able to
obtain criminal history information directly. The Board must wait
for someone to submit a complaint and provide the conviction
information. Again, this current process does not adequately
protect consumers. This bill clarifies that BPELSG is one of the
boards, bureaus, divisions, and programs under DCA that may obtain
both state and federal criminal history information.
BPELSG indicates that the Geologist and Geophysicist Program can
increase its revenue by increasing the exam fee for the
Professional Geologist's exam. Currently, the national
examinations administered by the Program consist of a Practice of
Geology exam and a Fundamentals of Geology exam. These
examinations are prepared by and purchased from the National
Association of State Board of Geology (ASBOG). The two national
exams and a
California Specific Exam (CSE) exam must be taken and passed to
achieve licensure as a Professional Geologist. The Practice of
Geology exam costs the Program $250, and the Fundamentals of
Geology exam costs $150. However, applicants are only being
charged $150 each for the exam. Raising the ASBOG examination fees
to match the amount the Program spends on purchasing the
examination will not only increase its revenue, it will bring the
Program into compliance with current statute. This bill removes
the $450 cap on fees charged for exam fees.
The health, safety and welfare of consumers is protected by a
well-regulated
engineering, land surveying and geology profession. BPELSG has
shown over the years a strong commitment to improve its overall
efficiency and effectiveness and has worked cooperatively with the
Legislature and this Committee to bring about necessary changes.
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This bill extends the sunset on the BPELSG for 4 years.
1. Contractors State License Board (CSLB). The CSLB is responsible
for implementation and enforcement of the Contractors State License
Law; the laws and regulations related to the licensure, practice
and discipline of the construction industry in California. All
businesses and individuals who construct or alter, or offer to
construct or alter, any building, highway, road, parking facility,
railroad, excavation, or other structure in California must be
licensed by the Board if the total cost (labor and materials) of
one or more contracts on the project is $500 or more.
The Board licenses approximately 310,000 contractors in 43 license
classifications and two certifications. CSLB issues some 27,000
licenses each year, and more than 123,000 licenses are renewed each
year. A license may be issued to an individual, partnership,
corporation, or joint venture. All licenses must have a qualifying
individual (also referred to as "qualifier"). A qualifying
individual is the person listed on CSLB records who satisfies the
experience and examination requirements for a license. The Board
also registers some 7,400 home improvement salespersons (HIS) who
are engaged in the sale of home improvement goods and services.
CSLB has implemented important programmatic and operational changes
and enhancements since its last sunset extension, as well as made
important policy decisions and adopted regulatory changes,
including:
Implementation of an Imaging and Workflow Automation
System (IWAS) which is a system to scan, route, retrieve
(search), process, and print various documents used by
licensing staff who process applications and also allows
enforcement staff to scan, retrieve, and print documents for
use in their analysis and processing of cases.
A commitment to alternative dispute resolution, as
recognized by the California Dispute Resolution Council for
CSLB's arbitration programs, as well as its on-site negotiation
program, mandatory settlement conference policies, and
extensive conciliation efforts.
Participation in the Economic and Employment Enforcement
Coalition (EEEC), a coalition of state and federal agencies
charged with overlapping jurisdiction in the area of labor law
enforcement that was created to make a concerted, consistent,
and vigorous effort to combat illegal and unscrupulous
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operators.
Establishment of a partnership with the Los Angeles City
Attorney's Office to streamline the procedure for processing
consumer complaints against unlicensed activity, enabling CSLB
to refer cases to the L.A. City Attorney's Office within 60
days of receipt.
Use of new software to administer exams. In 2007, CSLB
began administering all examinations using the State
Contractors Official Regulatory Exam (SCORE) software, a new
Microsoft Windows-based system developed in-house by Testing
Division staff. The SCORE system provides a reliable,
user-friendly system, and has the technology to automate
reports, increase examination security, and, in many cases,
trouble shoot and fix hardware and software problems without
the need for staff to travel to the affected site. Examination
results are available in real time and statistical analyses are
built into the system, allowing test development staff to
perform statistical analysis for each of their assigned
examination programs in a matter of minutes.
Receipt of the 2009 Innovation in Regulation award by the
National Association of State Contracting Licensing Agencies
(NASCLA) in recognition of its innovation, creativity, and
excellence in maintaining fair and balanced regulation of the
construction industry as demonstrated by the efforts of the
Service and Repair Task Force, which brought a sophisticated,
organized, and massive fraud ring to justice.
Participation in a memoranda of understanding (MOU) for
the purpose of sharing enforcement information with the
Employment Development Department (EDD), the Division of
Occupational Health and Safety (DOSH), the Division of Labor
Standards Enforcement (DLSE), the Division of Apprenticeship
Standards (DAS), the Department of Transportation (Caltrans),
the Franchise Tax Board (FTB), and the Department of Industrial
Relations' (DIR) Office of Director - Legal (ODL). During
2009, CSLB worked with each agency to further enhance the
existing MOUs; thus, strengthening enforcement of labor, tax,
and licensing laws.
Implementation of a fingerprint requirement for license
applicants so that CSLB can be better informed about
convictions by applicants and licensees and have the ability to
take necessary action in an effective and consistent manner.
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CSLB has shown over the years a strong commitment to improve its
overall efficiency and effectiveness and has worked cooperatively
with the Legislature and Committee to bring about necessary
changes. This bill extends the sunset on CSLB for 4 years .
1. State Board of Guide Dogs for the Blind (Guide Dog Board). The
Guide Dog Board is tasked with issuing licenses for the instruction
of blind persons in the use of guide dogs and for the training of
guide dogs for use by blind persons. The Board also has exclusive
authority to license guide dog schools.
In the 1940s, there were no minimum standards for guide dog school
operations, and it was possible for anyone to open a school. The
Industrial Revolution and World War II casualties increased the
number of persons who were visually impaired. Guide dog programs
of varying quality and competence emerged throughout the country,
most of them in California.
There was significant public confusion on the role and function of
guide dogs in public places and there was a long list of scandalous
activities that characterized the guide dog industry. Providing
dogs with no training, raising funds with no plans to produce
trained dogs, selling dogs, accepting people for training and not
providing any and selling unauthorized certification papers were
commonplace occurrences. Out of concern that the blind and
visually impaired were being victimized by scam artists, the Guide
Dog Board was created to protect the blind by establishing guide
dog school operation standards, providing oversight of the
disposition of donor funds to licensed schools and licensing and
regulating guide dog instructors.
Prior to the establishment of the Board, there were approximately
20 guide dog school operations. After the Board was created, only
two were able to qualify for licensure. Those two schools still
exist today; Guide Dogs for the Blind, Inc. in San Rafael and Guide
Dogs of America in Sylmar. A third California school, the Guide
Dogs of the Desert was licensed in 1972.
To ensure that the Committee can review the Guide Dog Board during
oversight hearings and properly determine its efficiency and
effectiveness, this bill extends the sunset on the Guide Dog Board
for 2 years.
2. State Athletic Commission (Commission). The Commission is
responsible for protecting the health and safety of its licensees;
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boxers, kickboxers and martial arts athletes. Established by
initiative in 1924, stemming from concerns for athlete injuries and
deaths, the Commission provides direction, management, control of
and jurisdiction over professional and amateur boxing, professional
and amateur kickboxing, all forms and combinations of full contact
martial arts contests, including mixed martial arts (MMA) and
matches or exhibitions conducted, held or given in California.
Functionally, the Commission consists of four components:
licensing, enforcement, regulating events and administering the
Professional Boxers' Pension Fund (Pension Fund).
The Commission is responsible for implementation and enforcement of
the Boxing Act also known as the State Athletic Commission Act.
The Commission establishes requirements for licensure, issues and
renews licenses, approves and regulates events, assigns ringside
officials, investigates complaints received, and enforces
applicable laws by issuing fines and suspending or revoking
licenses.
In 2010, the Commission supervised 184 events, including 82 boxing,
72 MMA, 16 kickboxing and14 muay thai. Federal Law, the Muhammad
Ali Boxing Reform Act (Boxing Act) prohibits events from taking
place in a state without a regulatory commission unless the fight
is regulated by either another state's commission or on sovereign
tribal land. Regulated events result in higher levels of
protection for fighters than unauthorized or illegal events in
addition to added revenue for the state and a boon to the local
economy where events take place.
The Committee held an oversight hearing focused on the Commission
in April 2010. At that time, numerous operational deficiencies,
fighter safety issues and problems with amateur MMA regulation were
explored and discussed. In addition to administrative issues that
plagued the Commission, since it was reconstituted in 2007,
Committee members were especially concerned with the process and
procedures by which the Commission delegated its authority for
amateur MMA regulation.
Since that hearing, and throughout the course of the year, the
Commission has made several improvements and significant progress
in the way that it does business. After years of failing to set
the foundation for the Commission's efforts to effectively do
business in the form of a Strategic Plan (Plan), and several missed
deadlines to prepare a Plan, the Plan was finally completed and
submitted to the Legislature in December 2010. The Commission now
holds regular meetings that are generally well attended by new,
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more engaged Commission members after years of meetings where it
was difficult to even establish a quorum. For the first time in
many years, the Commission has a full time Executive Officer (EO)
and Assistant EO and is not beleaguered with turmoil in personnel,
issues involving conflicts of interest, and inappropriate
activities on the part of staff. Additionally, there are now more
frequent and regular training and informational sessions offered
for field staff, covering a more consistent set of subjects, and
the Commission is finally holding bi-annual training sessions as
outlined in statute to ensure that field staff understand their
responsibilities and duties relative to all applicable laws and
regulations. The Commission is going through the process of
updating regulations in the California Code of Regulations to
better conform to current practice and strengthen oversight of
athletes and events.
The Commission has implemented important programmatic and
operational changes and enhancements since its last sunset
extension, as well as made important policy decisions and adopted
regulatory changes, including:
Development of a Strategic Plan which includes goals for
efficiency, more proactive public outreach and the formulation
of performance measures.
Improved spending efforts and cost control. The
Commission has focused on optimum utilization of its resources
by attempting to assign staff based on proximity to an event
and reducing labor and travel costs as well as managing
licensing and avoiding backlogs with a small staff.
Establishment of new cashiering and accounting
practices. The Commission only accepts checks, ensures prompt
transmittal to DCA's cashiering unit, is developing a receipt
system to identify transactions and is creating a desk and
field manual to streamline staff procedures.
Creation of a temporary database and other systems to
create more electronic records. The Commission is updating
records with past licensing information and attempting to have
a precise tracking system. The Commission is also using
software to assist in assigning staff as opposed to relying on
hand written lists and cards.
Hiring staff and filling vacancies. The Commission has
only one key staff position vacant as a means of achieving
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cost savings and recently hired an Assistant EO with a strong
background in board administration.
Positive investment accumulation for the Boxers Pension
Fund which historically was insolvent.
Exploration into eligible program development and proper
expenditures for the Neurological Examination Fund.
Monitoring the delegation of authority for regulation of
MMA events. The Commission works closely with the nonprofit
organization overseeing MMA and receives regular reports on
its actions, fee structure and standards.
While the Commission has experienced problems over the past number
of years, the current membership and management has shown a
commitment to improve the Commission's overall efficiency and
effectiveness and is working cooperatively with the Legislature and
this Committee to bring about necessary changes. California's
professional and amateur boxers, kickboxers and mixed martial arts
athletes are better served with appropriate oversight, and the
state benefits from holding these events in California. This bill
extends the sunset on the Commission for 2 years.
1. Related Legislation. Other sunset bills to be presented before the
Committee include:
SB 538 which deals with the Board of Registered Nursing, SB 539 which
deals with the Board of Vocational Nursing and Psychiatric
Technicians, SB 540 which deals with the Dental Board of
California, SB 541 which deals with Expert Consultants, SB 542
which deals with the Board of Accountancy and the Professional
Fiduciaries Bureau, and SB 706 which deals with the Department of
Real Estate and the Office of Real Estate Appraisers.
2. Arguments in Support. The Contractors State License Board (CSLB)
writes in support of SB 543, noting that "CSLB believes we are
working hard to fulfill our consumer protection mandate, and we
look forward to continuing to work with the Legislature, consumers
and other interested parties to further our efforts."
The California Landscape Contractors Association (CLCA) believes
that CSLB has made remarkable progress in its mission to protect
consumers and provide contractors with a fair and competitive
marketplace for their services. CLCA states that allowing CSLB to
sunset and be replaced by a bureau would be step backward and a
serious blow to open and responsive governance of the construction
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industry.
Guide Dog Users Inc. (GDUI) , Guide Dog Users of America and the
State Board of Guide Dogs for the Blind write in support of
extending the date of operation for the Guide Dog Board, noting
that the Board provides important services to licensed
instructors and visually impaired consumers. Supporters
believe that the work of the Guide Dog Board has resulted in
improved training standards for training of guide dogs for the
blind and an improved process for licensing dog trainers and
that it is important for the Board to continue providing
consumer protection.
SUPPORT AND OPPOSITION:
Support:
California Landscape Contractors Association (CLCA)
Contractors State License Board
Guide Dog Users Inc. (GDUI)
Guide Dog Users of America
State Board of Guide Dogs for the Blind
Opposition:
None received as of April 26, 2011.
Consultant:Sarah Mason