BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 308|
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THIRD READING
Bill No: SB 308
Author: Price (D), et al.
Amended: 5/2/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 10-0, 4/29/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Professions and vocations
SOURCE : Author
DIGEST : This bill extends, until January 1, 2018, the
provisions establishing the Interior Design Law, and the Board
of Guide Dogs for the Blind (BGDB); extends, until January 1,
2016, the provisions establishing the Board of Barbering and
Cosmetology (BBC) and the term of the executive officer of the
BBC; and makes other changes regarding the Interior Design Law
and the regulatory programs of the boards, as specified.
ANALYSIS :
Existing law:
1. Authorizes a certified interior designer, as defined, to
obtain a stamp from an interior design organization, as
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defined, that uniquely identifies the designer and certifies
that he or she meets certain qualifications and requires the
use of that stamp on all drawings and documents submitted to
any governmental agency by the designer, and repeals these
provisions on January 1, 2014.
2. Licenses and regulates guide dog schools, guide dog
instructors, and fundraising programs to open new guide dog
schools by the BGDB in the Department of Consumer Affairs
(DCA), and repeals these provisions on January 1, 2014.
3. Establishes a pilot project to provide an arbitration
procedure for the purpose of resolving disputes between a
guide dog user and a licensed guide dog school, as specified,
and repeals these provisions on January 1, 2014.
4. Licenses and regulates the practice of barbering, cosmetology
and electrolysis under the Barbering and Cosmetology Act
(Act) by the BBC within DCA and authorizes the BBC to appoint
an executive officer subject to the approval of the Director
of the DCA, and repeals these provisions on January 1, 2014.
5. Provides that a BBC-approved school of barbering and
cosmetology is one that is licensed by the Bureau for Private
Postsecondary Education (BPPE) or a public school in the
state, and offers a course of instruction approved by the
BBC, as specified.
This bill:
1. Revises the provisions of the Interior Design Law by:
A. Including in the definition of "certified interior
designer" that a certified interior designer provides
plans and documents that illustrate partition layouts,
horizontal exiting, rated corridors, reflected ceiling
plans and lighting orientation, location of power and
communication outlets, materials, finishes, furniture,
interior alterations, fixtures, millwork, appliances,
and equipment, and engages in coordination and
collaboration with other design professionals who may be
retained to provide consulting services, including
architects, engineers, and other specialty consultants.
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B. Requiring a certified interior designer to use a
written contract that includes specified information
when contracting to provide interior design services to
a client and specifies that nothing in these provisions
prohibit interior design or interior decorator services
by any person or retail activity.
C. Requiring all meetings of an interior design
organization to be subject to the open meeting
requirements applicable to state agencies.
D. Making it an unfair business practice for any person
who does not hold a valid certification to use a term
such as "licensed," "registered" or "CID," that implies
or suggests that the person is a certified interior
designer.
E. Extending, until January 1, 2018, the provisions
relating to interior design.
2. Revises the provisions of the BGDB by:
A. Extending, until January 1, 2018, the provisions
authorizing the BGDB.
B. Extending the operation of the arbitration program
until January 1, 2018.
3. Revises the provisions relating to the BBC by:
A. Extending, until January 1, 2016, the provisions
authorizing the BBC, and the executive officer.
B. Requiring a school to be approved by the BBC before
it is approved by the BPPE and authorizing the BBC and
the BPPE to simultaneously process a school's
application for approval.
C. Authorizing the BBC to revoke, suspend, or deny its
approval of a school on the following grounds:
(1) Unprofessional conduct, as specified.
(2) Failure to comply with the requirements of
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the Act.
(3) Failure to comply with the health and safety
rules adopted by the BBC and approved by the
Department of Public Health, for the regulation of
approved schools.
(4) Failure to comply with the rules adopted by
the BBC for the regulation of establishments, or any
practice licensed and regulated under the Act.
(5) Continued practice by a person knowingly
having an infectious or contagious disease.
(6) Habitual drunkenness, or habitual use of or
addiction to the use of any controlled substance.
(7) Obtaining or attempting to obtain practice in
any occupation licensed and regulated under the Act,
or money, or compensation in any form, by fraudulent
misrepresentation.
(8) Failure to display the license or health and
safety rules and regulations in a conspicuous place.
(9) Refusal to permit or interfering with an
inspection authorized by the Act.
(10) Any action or conduct that warrants the
denial of a school approval.
Background
This bill is one of six "sunset review bills" authored by the
Chair of the Senate Business, Professions and Economic
Development (BPED) Committee. Unless legislation is carried
this year to extend the sunset dates for BGDB and the BBC, they
will be repealed on January 1, 2014. In addition, unless
legislation is carried this year to extend the sunset date for
the Interior Design Law, the entire chapter relating to
certified interior designers and authorizing an interior design
organization to issue a certification stamp to an interior
designer will be repealed as of January 1, 2014. This bill
extends the BGBD the Interior Design Law for four years to
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January 1, 2018, and extends the BBC for two years to January 1,
2016. This bill further makes a number of legislative changes
recommended by the boards and the California Council for
Interior Design Certification as well as recommendations made in
the Committee's Background Paper.
NOTE: In 2013, the Senate BPED Committee conducted oversight
hearings to review 14 regulatory boards within the DCA.
The Committee began its review of these licensing
agencies in March and conducted three days of hearings.
This bill and the accompanying sunset bills are intended
to implement legislative changes as recommended in the
Committee's Background/Issue Papers for all of the
agencies reviewed by the Committee this year. For a
detailed summary of the issue and recommendations, refer
to the Committee's analysis.
Related Legislation
SB 304 (Price) makes various changes to the Medical Practice Act
and to the Medical Board of California.
SB 305 (Price) extends, until January 1, 2018, the provisions
establishing the Naturopathic Medicine Committee and the
Respiratory Care Board (RCB), and extends the term of the
executive officers of the RCB and the Board of Optometry;
specifies that the Osteopathic Medical Board is subject to
review by the appropriate legislative policy committees; exempts
individuals who have performed pulmonary function tests in Los
Angeles County facilities for at least 15 years, from licensure
as a respiratory care therapist; and specifies that any board
under the Department of Consumer Affairs is authorized to
receive certified records from a local or state agency to
complete an applicant or licensee investigation and authorizes
them to provide those records to the board.
SB 306 (Price) extends, until January 1, 2018, the provisions
establishing the State Board of Chiropractic Examiners, the
Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board (SLPAHADB), the Physical Therapy Board (PTB)
and the Board of Occupational Therapy, and extends the terms of
the executive officers of the PTB and the SLPAHADB. Also
subjects the boards to be reviewed by the appropriate
legislative policy committees.
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SB 307 (Price) extends, until January 1, 2018, the term of the
Veterinary Medical Board (VMB), which provides for the licensure
and registration of veterinarians and registered veterinary
technicians and the regulation of the practice of veterinary
medicine by the VMB.
SB 309 (Price) extends the term of the State Athletic
Commission, which is responsible for licensing and regulating
boxing, kickboxing, and martial arts matches and is required to
appoint an executive officer until January 1, 2018.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
BBC: projected expenditures of approximately $20.5 million
annually (Barbering and Cosmetology Fund), supporting 92.2
personnel year (PY) until January 1, 2016, fully offset by
fee revenues of $22.8 million, based on the proposed 2013-14
Budget.
BGDB: projected expenditures of $197,000 annually (State
Board of Guide Dogs for the Blind Fund), supporting 1.5 PY
until January 1, 2018, partially offset by fee revenues of
$150,000 annually, based on the proposed 2013-14 Budget.
No state costs associated with extending the Interior Design
Law and enforcement of certified interior designers.
Certification of interior designers is handled by specified
nonprofit regulating entities that are outside of state
government and are not supported by state funds.
SUPPORT : (Verified 5/24/13)
4CID.org
Board of Barbering and Cosmetology
Board of Guide Dogs for the Blind
Guide Dogs of America
OPPOSITION : (Verified 5/24/13)
Professional Beauty Federation of California
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ARGUMENTS IN SUPPORT : According to the author, "SB 308
extends the sunset dates of the Board of Barbering and
Cosmetology, the Board of Guide Dogs for the Blind and the
Interior Design Law, and makes a number of legislative changes
recommended in the [Senate BPED] Committee's oversight hearing.
Unless legislation is carried this year to extend these sunset
dates, they will be repealed on January 1, 2014. The changes in
this bill reflect the recommendations made in the [Senate]
Business, Professions and Economic Development Committee's
oversight hearings held in March of this year. The changes
improve the state's regulatory oversight in protecting
vulnerable consumers in California."
The Board of Guide Dogs for the Blind writes, "we support SB 308
which would allow the Board to continue providing consumer
protection, services to the Board's licensed schools and
instructors, and ensure a fair and competent marketplace from
which to practice until its next review in 2017."
ARGUMENTS IN OPPOSITION : The Professional Beauty Federation of
California (PBFC) has taken an "oppose unless amended" position
on the bill, arguing for sole oversight of beauty colleges by
the BBC only. PBFC argues that regulation by both BBC and the
BPPE is costly, ineffective, and duplicative, and that the
latest amendments further adds another layer of red-tape over
all beauty colleges, by giving the BBC new authority to remove
deny or revoke its approval of a school. PBFC proposes
amendments to exempt actions by students as a ground for denial
or revocation, and further asks that the bill be amended to
remove as a ground for denial or revocation of a school's
approval by the BBC the following: failure to comply with the
requirements of the Barbering and Cosmetology Act; failure to
comply with the rules adopted by the BBC; failure to display a
license or health and safety rules in a conspicuous place; and
any action or conduct that would have warranted the denial of a
school approval.
MW:d 5/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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