BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 543|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 543
          Author:   Price (D)
          Amended:  4/14/11
          Vote:     21

           
           SENATE BUSINESS, PROF & ECON DEVELOP COMM  :  9-0, 05/02/11
          AYES:  Price, Emmerson, Corbett, Correa, Hernandez, Negrete 
            McLeod, Vargas, Walters, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 05/16/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Business and professions:  regulatory boards

           SOURCE  :     Author


           DIGEST  :    This bill 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), and makes programmatic and 
          administrative changes to some of the boards, committees 
          and commissions whose operation is being extended.

           ANALYSIS  :    Existing law:

             1.   Provides for the licensing and regulation of 
                                                           CONTINUED





                                                                SB 543
                                                                Page 
          2

               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 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: 

                 California Board of Accountancy
                 State Athletic Commission
                 Board of Behavioral Sciences
                 Court Reporters Board
                 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  


                                                           CONTINUED





                                                                SB 543
                                                                Page 
          3

             1.   Establishes CAB until January 1, 2012. 

             2.   Authorizes CAB to appoint an Executive Officer (EO) 
               until January 1, 2012. 

             3.   Authorizes the CAB to regulate and implement an 
               intern development program until January 1, 2012. 

             4.   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. 

             5.   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 
               representative to CAB meetings to report on 
               activities. 

             6.   Establishes BPELSG until January 1, 2012. 

             7.   Authorizes BPELSG to appoint an EO until January 1, 
               2012. 

             8.   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. 

             9.   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.  

                                                           CONTINUED





                                                                SB 543
                                                                Page 
          4


             10.  Creates the Professional Engineer and Land 
               Surveyor's Fund.  

             11.  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. 

             12.  Authorizes CSLB to appoint, with DCA director 
               approval, a registrar of contractors as EO until 
               January 1, 2012. 

             13.  Establishes the Guide Dog Board until January 1, 
               2012.

             14.  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.

             15.  Establishes the Geologists and Geophysics Fund. 

             16.  Requires applicants for registration as a geologist 
               to pay an exam fee set by the board, not to exceed 
               $450. 

             17.  Establishes BPELSG as the entity responsible for 
               carrying out the Professional Land Surveyors Act until 
               January 1, 2012. 

             18.  Establishes the Commission until January 1, 2012. 

             19.  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.

                                                           CONTINUED





                                                                SB 543
                                                                Page 
          5


             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 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 

                                                           CONTINUED





                                                                SB 543
                                                                Page 
          6

               a report to the Legislature by July 30, 2012 on the 
               condition of the Neurological Examination Account and 
               the Boxers' Pension Fund.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           Major Provisions                2011-12     2012-13    
           2013-14   Fund  
          Board fingerprinting          Up to $140          Up to 
          $160                Up to $160          Special*
            requirement
          Sunset extensions                            Costs offset 
          by fee revenues                              Special**

          * Professional Engineer's, Land Surveyor's, Geologist's, 
            and Geophysicist's Fund
          **Professional Engineer's, Land Surveyor's, Geologist's, 
            and Geophysicist's Fund, State Athletic Commission 
            Neurological Examination Account, Contractors' License 
            Fund and the Boxers' Pension Fund

           SUPPORT  :   (Verified  5/17/11)

          California Landscape Contractors Association 
          Contractors State License Board
          Guide Dog Users Inc.
          Guide Dog Users of America
          State Board of Guide Dogs for the Blind

           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 

                                                           CONTINUED





                                                                SB 543
                                                                Page 
          7

          bureau would be step backward and a serious blow to open 
          and responsive governance of the construction industry.  

          Guide Dog Users Inc., 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.  


          JJA:nl  5/18/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****

























                                                           CONTINUED