BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 543
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          SENATE THIRD READING
          SB 543 (Price)
          As Amended  August 30, 2011
          Majority vote 

           SENATE VOTE  :37-1  
           
           BUSINESS & PROFESSIONS          9-0                 
          APPROPRIATIONS      17-0        
           
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          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Fuentes, Harkey,          |
          |     |Allen, Butler, Eng,       |     |Blumenfield, Bradford,    |
          |     |Hagman, Hill, Ma, Smyth   |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Extends the sunset date of a number of boards, 
          committees and commissions within the Department of Consumer 
          Affairs (DCA) and makes programmatic and administrative changes 
          to some of these entities.  Specifically,  this bill  :   

          1)Adds the Board for Professional Engineers, Land Surveyors, and 
            Geologists (BPELSG) to the list of specified boards whose 
            licensing applicants must submit a full set of fingerprints 
            for the purposes of conducting criminal history record checks.

          2)Authorizes the Department of Finance (DOF) to augment the 
            budgets of the boards, bureaus and other entities that 
            comprise DCA for expenditure of non-General Fund moneys to pay 
            BreEZe project costs, as specified.  At least 30-days written 
            notice must be made to the Legislature, as specified, before 
            any augmentation may be made.  The amount of funds augmented 
            shall be consistent with project cost increases approved by 
            the Secretary of California Technology, as specified.  This 
            provision becomes inoperative when the Budget Act of 2012 is 
            enacted.

          3)Extends the operation of the California Board of Accountancy 
            (CBA) and related provisions until January 1, 2016, and 
            subjects CBA to review by the appropriate policy committees of 








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            the Legislature.

          4)Deletes the repeal date of CBA's peer review program and its 
            peer review oversight committee.

          5)Extends to January 1, 2015, the date by which CBA must submit 
            a report to the Legislature and the Governor regarding peer 
            review requirements and revises the contents of the report, as 
            specified.

          6)Extends the operation of the California Architects Board (CAB) 
            and related provisions until January 1, 2016, and removes the 
            July 1, 2012, sunset date of CAB's authority to implement an 
            intern development program, granting CAB permanent authority 
            to do so.

          7)Extends the operation of the Landscape Architects Technical 
            Committee (LATC) and related provisions until January 1, 2016.

          8)Extends the operation of the Professional Fiduciaries Bureau 
            (PFB), until January 1, 2015, and subjects PFB to review by 
            the appropriate policy committees of the Legislature.

          9)Provides that existing law requiring licensure as a 
            professional fiduciary does not apply to an enrolled agent who 
            is providing non-medical related, incidental, fiduciary 
            services 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 must hold a 
            professional fiduciary license.  

          10)Extends the operation of BPELSG and related provisions until 
            January 1, 2016, and subjects BPELSG to review by the 
            appropriate policy committees of the Legislature.

          11)Extends the operation of the Contractors' State License Board 
            (CSLB) and related provisions until January 1, 2016, and 
            subjects CSLB to review by the appropriate policy committees 
            of the Legislature.

          12)Extends the operation of the State Board of Guide Dogs for 
            the Blind (BGDB) and related provisions, including a pilot 








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            project to resolve disputes between guide dog users and guide 
            dog schools, until January 1, 2014, and subjects BGDB to 
            review by the appropriate policy committees of the 
            Legislature.

          13)Deletes the $450 cap on the examination fee for registration 
            as a geologist, maintaining the BPELSG's authority to set the 
            fee at an amount equal to the actual cost of administering the 
            examination.

          14)Extends the operation of the State Athletic Commission 
            (Commission) and related provisions until January 1, 2014, and 
            subjects the Commission to review by the appropriate policy 
            committees of the Legislature.

          15)Extends to July 30, 2012, the date by which the Commission 
            must provide a report to the Governor and the Legislature on 
            the condition of the Neurological Examination Account and the 
            Boxers' Pension Fund.

           FISCAL EFFECT  :   According to Assembly Appropriations Committee:

          1)Providing DOF with the authority to augment the budgets of 
            various boards in order to fund early phases of the BreEZe 
            project will likely result in $2 to $4 million in funding for 
            the automation project in 2012.  When completed, that project 
            is estimated to cost approximately $50 million.

          2)One-time costs between $450,000 and $580,000 for the workload 
            associated with requiring current Board for Professional 
            Engineers, Land Surveyors, and Geologists licensees to submit 
            fingerprints for a criminal history record check.  
            (Professional Engineers', Land Surveyors', Geologists' and 
            Geophysicists' Fund).

          3)On-going costs of approximately $150,000 per year for the 
            costs associated with requiring licensing applicants to submit 
            fingerprints for background checks.  The costs are primarily 
            associated with investigating applicants who have a criminal 
            conviction.  Costs for the BPELSG would be in excess of 
            $60,000 annual and costs for the Attorney General's Office of 
            Administrative Hearings could range from $50,000 to $100,000 
            per year.  (Professional Engineers', Land Surveyors', 
            Geologists' and Geophysicists' Fund).








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           COMMENTS  :  This bill extends the operations of several entities 
          within DCA that have shown to be effective and efficient 
          regulatory bodies, protecting both the professions they oversee 
          and California consumers.  The entities whose operations have 
          been extended include: CBA, CAB, LATC, PFB, BPELSG, CSLB, BGDB, 
          and the Commission.

          This bill also makes a number of changes to some of these 
          regulatory entities and the programs they administer.

          In addition, this bill provides statutory authority for DOF to 
          access funds for the initial phase of the BreEZe project, an 
          integrated, enterprise-wide enforcement case management and 
          licensing system for DCA, which was inadvertently left out of 
          the budget bill.


           Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301 


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