Amended in Assembly August 19, 2013

Amended in Assembly June 12, 2013

Amended in Senate April 22, 2013

Senate BillNo. 822


Introduced by Committee on Business, Professions and Economic Development (Senators Lieu (Chair), Block, Corbett, Emmerson, Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)

March 20, 2013


An act to amend Sections 5096, 5096.2, 5096.12, 7026.1, 7065.3, 7114, 7141, 7206, 7210, 7887,begin insert 9807,end insert andbegin delete 17914,end deletebegin insert 17914end insert of, to add Section 7851 to, and to repeal Sections 102.1 and 102.2 of, the Business and Professions Code,begin insert and to amend Section 44011 of the Health and Safety Code,end insert relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 822, as amended, Committee on Business, Professions and Economic Development. Professions and vocations.

(1) Existing law requires that certain actions take place with regard to the Cemetery Board and Funeral Directors and Embalmers Board and the Structural Pest Control Board by January 1, 1996.

This bill would delete those provisions.

(2) Existing law, between July 1, 2013, and January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license, if certain conditions are met.

This bill would add the condition that the individual is required to notify the Board of Accountancy of any pending criminal charges in any jurisdiction, other than for a minor traffic violation.

Existing law, between July 1, 2013, and January 1, 2019, authorizes a certified public accounting firm that is authorized to practice in another state and that does not have an office in this state to engage in the practice of public accountancy in this state through the holder of a practice privilege, and the board is authorized to revoke, suspend, issue a fine, as provided, or otherwise restrict or discipline the firm for any act that would be grounds for discipline against a holder of a practice privilege through which the firm practices.

This bill would also authorize the board to issue a citation and fine, as provided, under the general powers given to the board as a part of the Department of Consumer Affairs.

(3) Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors in this state. Existing law defines the term “contractor” to mean, among other things, any person, consultant to an owner-builder, corporation, or company who or which undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or a part thereof.

Under existing law, a contractor’s license that has expired may be renewed at any time within 5 years after its expiration by filing an application for renewal on a form prescribed by the registrar of contractors, and payment of the appropriate renewal fee. If the license is renewed after the expiration date, existing law requires the licensee to also pay a delinquency fee. The registrar of contractors is required to conduct a comprehensive field investigation of no less than 3% of applications for an additional classification on a contractor’s license based upon experience and without further examination to ensure that the applicants met the experience requirements and to make public, at quarterly meetings of the Contractors’ State License Board, a listing of all additional classification applications approved during the previous 12 months, including, but not limited to, the name of the applicant, license number, classification applied for, and existing classifications.

This bill would provide that the term “contractor” or “consultant” does not apply to a common interest development manager, and a common interest development manager is not required to have a contractor’s license when performing management services, as defined.

The bill would provide an exception to the requirement to pay the delinquency fee where an incomplete renewal application, that had originally been submitted on or before the license expiration date, was returned to the licensee by the registrar with an explanation of the reasons for its rejection and a corrected and acceptable renewal application is returned by the licensee within 30 days after the license expiration date. The bill would also require that the license reflect an expired status for any period between the expiration date and the date of submission of a correct and acceptable renewal application. The bill would delete the requirement that the registrar’s investigation be a field investigation, and would delete the requirement that the registrar make public, at quarterly meetings of the Contractors’ State License Board, the listing of all additional classification applications approved during the previous 12 months.

(4) Existing law, until January 1, 2014, provides that there is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind that has exclusive authority to issue licenses for the instruction of blind persons in the use of guide dogs, for the training of guide dogs for use by blind persons, to operate schools for the training of guide dogs for the blind, and for the instruction of blind persons in the use of guide dogs. Existing law requires the board to hold regular meetings at least once a year at which an examination of applicants for certificates of registration is to be given.

This bill would deletebegin delete thatend deletebegin insert the regular meetingend insert requirement.

(5) Existing law, the Geologist and Geophysicist Act, provides for the licensure, regulation, and discipline of professional geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the act is a misdemeanor. Existing law creates the Geology and Geophysics Account of the Professional Engineer’s and Land Surveyor’s Fund, which is a continuously appropriated fund, into which fees prescribed by the act are deposited.

This bill would create a new category of licensure, to be known as a “retired license,” for a geologist or geophysicist who meets specified qualifications and would prescribe fees necessary to obtain a retired license, as well as restrictions on holders of the license. The bill would also specify the title that the holder of a retired license is authorized to use. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. Because the bill would increase moneys deposited into a continuously appropriated fund, the bill would make an appropriation.

(6) Existing law requires any person who regularly transacts business in this state for profit under a fictitious business name to do several things, including, but not limited to, filing a fictitious business name statement not later than 40 days from the time the registrant commences to transact business. Existing law requires the statement to be signed by the husband or wife if the registrants are husband and wife.

This bill would instead provide that the statement shall be signed by either party to the marriage if the registrants are a married couple.

begin insert

(7) Existing law authorizes service dealers, licensed by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, to install, calibrate, service, maintain, and monitor ignition interlock devices.

end insert
begin insert

This bill would limit that authorization to those licensed persons who are authorized to engage in the electronic repair industry, as defined.

end insert
begin insert

(8) Existing law establishes a motor vehicle inspection and maintenance (smog check) program administered by the Department of Consumer Affairs.

end insert
begin insert

This bill would correct an erroneous cross-reference with respect to that program.

end insert
begin insert

(9) This bill would incorporate changes to Section 7887 of the Business and Professions Code proposed by SB 152 that would become operative if this bill and SB 152 are both chaptered and this bill is chaptered last.

end insert
begin delete

(7)

end delete

begin insert(10)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 102.1 of the Business and Professions
2Code
is repealed.

3

SEC. 2.  

Section 102.2 of the Business and Professions Code
4 is repealed.

P5    1

SEC. 3.  

Section 5096 of the Business and Professions Code,
2as added by Section 9 of Chapter 411 of the Statutes of 2012, is
3amended to read:

4

5096.  

(a) An individual whose principal place of business is
5not in this state and who has a valid and current license, certificate,
6or permit to practice public accountancy from another state may,
7subject to the conditions and limitations in this article, engage in
8the practice of public accountancy in this state under a practice
9privilege without obtaining a certificate or license under this
10chapter if the individual satisfies one of the following:

11(1) The individual has continually practiced public accountancy
12as a certified public accountant under a valid license issued by any
13state for at least 4 of the last 10 years.

14(2) The individual has a license, certificate, or permit from a
15state that has been determined by the board to have education,
16examination, and experience qualifications for licensure
17substantially equivalent to this state’s qualifications under Section
185093.

19(3) The individual possesses education, examination, and
20experience qualifications for licensure that have been determined
21by the board to be substantially equivalent to this state’s
22qualifications under Section 5093.

23(b) The board may designate states as substantially equivalent
24under paragraph (2) of subdivision (a) and may accept individual
25qualification evaluations or appraisals conducted by designated
26entities, as satisfying the requirements of paragraph (3) of
27subdivision (a).

28(c) An individual who qualifies for the practice privilege under
29this section may engage in the practice of public accountancy in
30this state, and no notice, fee, or other requirement shall be imposed
31on that individual by the board.

32(d) An individual who qualifies for the practice privilege under
33this section may perform the following services only through a
34firm of certified public accountants that has obtained a registration
35from the board pursuant to Section 5096.12:

36(1) An audit or review of a financial statement for an entity
37headquartered in California.

38(2) A compilation of a financial statement when that person
39expects, or reasonably might expect, that a third party will use the
P6    1financial statement and the compilation report does not disclose a
2lack of independence for an entity headquartered in California.

3(3) An examination of prospective financial information for an
4entity headquartered in California.

5(e) An individual who holds a practice privilege under this
6article:

7(1) Is subject to the personal and subject matter jurisdiction and
8disciplinary authority of the board and the courts of this state.

9(2) Shall comply with the provisions of this chapter, board
10regulations, and other laws, regulations, and professional standards
11applicable to the practice of public accountancy by the licensees
12of this state and to any other laws and regulations applicable to
13individuals practicing under practice privileges in this state except
14the individual is deemed, solely for the purpose of this article, to
15have met the continuing education requirements and ethics
16examination requirements of this state when the individual has
17met the examination and continuing education requirements of the
18state in which the individual holds the valid license, certificate, or
19permit on which the substantial equivalency is based.

20(3) Shall not provide public accountancy services in this state
21from any office located in this state, except as an employee of a
22firm registered in this state. This paragraph does not apply to public
23accountancy services provided to a client at the client’s place of
24business or residence.

25(4) Is deemed to have appointed the regulatory agency of the
26state that issued the individual’s certificate, license, or permit upon
27which substantial equivalency is based as the individual’s agent
28on whom notices, subpoenas, or other process may be served in
29any action or proceeding by the board against the individual.

30(5) Shall cooperate with any board investigation or inquiry and
31shall timely respond to a board investigation, inquiry, request,
32 notice, demand, or subpoena for information or documents and
33timely provide to the board the identified information and
34documents.

35(6) Shall cease exercising the practice privilege in this state if
36the regulatory agency in the state in which the individual’s
37certificate, license, or permit was issued takes disciplinary action
38resulting in the suspension or revocation, including stayed
39suspension, stayed revocation, or probation of the individual’s
40certificate, license, or permit, or takes other disciplinary action
P7    1against the individual’s certificate, license, or permit that arises
2from any of the following:

3(A) Gross negligence, recklessness, or intentional wrongdoing
4relating to the practice of public accountancy.

5(B) Fraud or misappropriation of funds.

6(C) Preparation, publication, or dissemination of false,
7fraudulent, or materially incomplete or misleading financial
8statements, reports, or information.

9(7) Shall cease exercising the practice privilege in this state if
10convicted in any jurisdiction of any crime involving dishonesty,
11including, but not limited to, embezzlement, theft, misappropriation
12of funds or property, or obtaining money, property, or other
13valuable consideration by fraudulent means or false pretenses.

14(8) Shall cease exercising the practice privilege if the United
15States Securities and Exchange Commission or the Public Company
16Accounting Oversight Board bars the individual from practicing
17before them.

18(9) Shall cease exercising the practice privilege if any
19governmental body or agency suspends the right of the individual
20to practice before the body or agency.

21(10) Shall notify the board of any pending criminal charges,
22other than for a minor traffic violation, in any jurisdiction.

23(f) An individual who is required to cease practice pursuant to
24paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the
25board within 15 calendar days, on a form prescribed by the board,
26and shall not practice public accountancy in this state pursuant to
27this section until he or she has received from the board written
28permission to do so.

29(g) An individual who fails to cease practice as required by
30subdivision (e) or who fails to provide the notice required by
31subdivision (f) shall be subject to the personal and subject matter
32jurisdiction and disciplinary authority of the board as if the practice
33privilege were a license and the individual were a licensee. An
34individual in violation of subdivision (e) or (f) shall, for a minimum
35of one year from the date the board learns there has been a violation
36of subdivision (e) or (f), not practice in this state and shall not have
37the possibility of reinstatement during that period. If the board
38determines that the failure to cease practice or provide the notice
39was intentional, that individual’s practice privilege shall be revoked
P8    1and there shall be no possibility of reinstatement for a minimum
2of two years.

3(h) The board shall require an individual who provides notice
4to the board pursuant to subdivision (f) to cease the practice of
5public accountancy in this state until the board provides the
6individual with written permission to resume the practice of public
7accountancy in this state.

8(i) (1) An individual to whom, within the last seven years
9immediately preceding the date on which he or she wishes to
10practice in this state, any of the following criteria apply, shall notify
11the board, on a form prescribed by the board, and shall not practice
12public accountancy in this state pursuant to this section until the
13board provides the individual with written permission to do so:

14(A) He or she has been the subject of any final disciplinary
15action by the licensing or disciplinary authority of any other
16jurisdiction with respect to any professional license or has any
17charges of professional misconduct pending against him or her in
18any other jurisdiction.

19(B) He or she has had his or her license in another jurisdiction
20reinstated after a suspension or revocation of the license.

21(C) He or she has been denied issuance or renewal of a
22professional license or certificate in any other jurisdiction for any
23reason other than an inadvertent administrative error.

24(D) He or she has been convicted of a crime or is subject to
25pending criminal charges in any jurisdiction other than a minor
26traffic violation.

27(E) He or she has otherwise acquired a disqualifying condition
28as described in subdivision (a) of Section 5096.2.

29(2) An individual who fails to cease practice as required by
30subdivision (e) or who fails to provide the notice required by
31paragraph (1) shall be subject to the personal and subject matter
32jurisdiction and disciplinary authority of the board as if the practice
33privilege were a license and the individual were a licensee. An
34individual in violation of subdivision (e) or paragraph (1) shall,
35for a minimum of one year from the date the board knows there
36has been a violation of subdivision (e) or paragraph (1), not practice
37in this state and shall not have the possibility of reinstatement
38during that period. If the board determines that the failure to cease
39practice or provide the notice was intentional, that individual shall
40be prohibited from practicing in this state in the same manner as
P9    1if a licensee has his or her practice privilege revoked and there
2shall be no possibility of reinstatement for a minimum of two years.

3(j) This section shall remain in effect only until January 1, 2019,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2019, deletes or extends that date.

6

SEC. 4.  

Section 5096.2 of the Business and Professions Code,
7as added by Section 15 of Chapter 411 of the Statutes of 2012, is
8amended to read:

9

5096.2.  

(a) (1) Practice privileges may be revoked for any of
10the following reasons:

11(A) If an individual no longer qualifies under, or complies with,
12the provisions of this article, including, but not limited to, Section
135096, or implementing regulations.

14(B) If an individual commits any act that if committed by an
15applicant for licensure would be grounds for denial of a license
16under Section 480.

17(C) If an individual commits any act that if committed by a
18licensee would be grounds for discipline under Section 5100.

19(D) If an individual commits any act outside of this state that
20would be a violation if committed within this state.

21(E) If an individual acquires at any time, while exercising the
22practice privilege, any disqualifying condition under paragraph
23(2).

24(2) Disqualifying conditions include:

25(A) Conviction of any crime other than a minor traffic violation.

26(B) Revocation, suspension, denial, surrender, or other discipline
27or sanctions involving any license, permit, registration, certificate,
28or other authority to practice any profession in this or any other
29state or foreign country or to practice before any state, federal, or
30local court or agency, or the Public Company Accounting Oversight
31Board.

32(C) Any judgment or arbitration award against the individual
33involving the professional conduct of the individual in the amount
34of thirty thousand dollars ($30,000) or greater.

35(D) Any other conditions as specified by the board in regulation.

36(3) The board may adopt regulations exempting specified minor
37occurrences of the conditions listed in subparagraph (B) of
38paragraph (2) from being disqualifying conditions under this
39subdivision.

P10   1(b) The board may revoke practice privileges using either of
2the following procedures:

3(1) Notifying the individual in writing of all of the following:

4(A) That the practice privilege is revoked.

5(B) The reasons for revocation.

6(C) The earliest date on which the individual may qualify for a
7practice privilege.

8(D) That the individual has a right to appeal the notice and
9request a hearing under the provisions of the Administrative
10Procedure Act (Chapter 3.5 (commencing with Section 11340) of
11Part 1 of Division 3 of Title 2 of the Government Code) if a written
12notice of appeal and request for hearing is made within 60 days.

13(E) That, if the individual does not submit a notice of appeal
14 and request for hearing within 60 days, the board’s action set forth
15in the notice shall become final.

16(2) Filing a statement of issues under the Administrative
17Procedure Act (Chapter 3.5 (commencing with Section 11340) of
18Part 1 of Division 3 of Title 2 of the Government Code).

19(c) An individual whose practice privilege has been revoked
20may only subsequently exercise the practice privilege upon
21application to the board for reinstatement of the practice privilege
22not less than one year after the effective date of the notice or
23decision revoking the practice privilege, unless a longer time period
24is specified in the notice or decision revoking the practice privilege.

25(d) Holders of practice privileges are subject to suspension,
26citations, fines, or other disciplinary actions for any conduct that
27would be grounds for discipline against a licensee of the board or
28for any conduct in violation of this article or regulations adopted
29thereunder.

30(e) The board may recover its costs pursuant to Section 5107
31as part of any disciplinary proceeding against the holder of a
32practice privilege.

33(f) The provisions of the Administrative Procedure Act (Chapter
343.5 (commencing with Section 11340) of Part 1 of Division 3 of
35Title 2 of the Government Code), including, but not limited to, the
36commencement of a disciplinary proceeding by the filing of an
37accusation by the board, shall apply under this article.

38(g) If the board revokes or otherwise limits an individual’s
39practice privilege, the board shall promptly notify the regulatory
40agency of the state or states in which the individual is licensed,
P11   1and the United States Securities and Exchange Commission, the
2Public Company Accounting Oversight Board, and the National
3Association of State Boards of Accountancy.

4(h) This section shall remain in effect only until January 1, 2019,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2019, deletes or extends that date.

7

SEC. 5.  

Section 5096.12 of the Business and Professions Code,
8as added by Section 35 of Chapter 411 of the Statutes of 2012, is
9amended to read:

10

5096.12.  

(a) A certified public accounting firm that is
11authorized to practice in another state and that does not have an
12office in this state may engage in the practice of public accountancy
13in this state through the holder of a practice privilege provided
14that:

15(1) The practice of public accountancy by the firm is limited to
16authorized practice by the holder of the practice privilege.

17(2) A firm that engages in practice under this section is deemed
18to consent to the personal, subject matter, and disciplinary
19jurisdiction of the board with respect to any practice under this
20section.

21(b) The board may revoke, suspend, issue a fine pursuant to
22 Article 6.5 (commencing with Section 5116), issue a citation and
23fine pursuant to Section 125.9, or otherwise restrict or discipline
24the firm for any act that would be grounds for discipline against a
25holder of a practice privilege through which the firm practices.

26(c) A firm that provides the services described in subdivision
27(d) of Section 5096 shall obtain a registration from the board.

28(d) This section shall remain in effect only until January 1, 2019,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2019, deletes or extends that date.

31

SEC. 6.  

Section 7026.1 of the Business and Professions Code
32 is amended to read:

33

7026.1.  

(a) The term “contractor” includes all of the following:

34(1) Any person not exempt under Section 7053 who maintains
35or services air-conditioning, heating, or refrigeration equipment
36that is a fixed part of the structure to which it is attached.

37(2) (A) Any person, consultant to an owner-builder, firm,
38association, organization, partnership, business trust, corporation,
39or company, who or which undertakes, offers to undertake, purports
P12   1to have the capacity to undertake, or submits a bid to construct
2any building or home improvement project, or part thereof.

3(B) For purposes of this paragraph, a consultant is a person,
4other than a public agency or an owner of privately owned real
5property to be improved, who meets either of the following criteria
6as it relates to work performed pursuant to a home improvement
7contract as defined in Section 7151.2:

8(i) Provides or oversees a bid for a construction project.

9(ii) Arranges for and sets up work schedules for contractors and
10subcontractors and maintains oversight of a construction project.

11(3) A temporary labor service agency that, as the employer,
12provides employees for the performance of work covered by this
13chapter. The provisions of this paragraph shall not apply if there
14is a properly licensed contractor who exercises supervision in
15accordance with Section 7068.1 and who is directly responsible
16for the final results of the work. Nothing in this paragraph shall
17require a qualifying individual, as provided in Section 7068, to be
18present during the supervision of work covered by this chapter. A
19contractor requesting the services of a temporary labor service
20agency shall provide his or her license number to that temporary
21labor service agency.

22(4) Any person not otherwise exempt by this chapter, who
23performs tree removal, tree pruning, stump removal, or engages
24in tree or limb cabling or guying. The term contractor does not
25include a person performing the activities of a nurseryperson who
26in the normal course of routine work performs incidental pruning
27of trees, or guying of planted trees and their limbs. The term
28contractor does not include a gardener who in the normal course
29of routine work performs incidental pruning of trees measuring
30less than 15 feet in height after planting.

31(5) Any person engaged in the business of drilling, digging,
32boring, or otherwise constructing, deepening, repairing,
33reperforating, or abandoning any water well, cathodic protection
34well, or monitoring well.

35(b) The term “contractor” or “consultant” does not include a
36begin delete certifiedend delete common interest development manager, as defined in
37Section 11501, and abegin delete certifiedend delete common interest development
38manager is not required to have a contractor’s license when
39performing management services, as defined in subdivision (d) of
40Section 11500.

P13   1

SEC. 7.  

Section 7065.3 of the Business and Professions Code
2 is amended to read:

3

7065.3.  

Notwithstanding Section 7065, upon a conclusive
4showing by a licensee that he or she possesses experience
5satisfactory to the registrar in the classification applied for, an
6additional classification may be added, without further
7examination, under all of the following conditions:

8(a) For five of the seven years immediately preceding the
9application, the qualifying individual of the licensee has been listed
10as a member of the personnel of any licensee whose license was
11active and in good standing, and who during the period listed on
12a license was actively engaged in the licensee’s construction
13activities.

14(b) The qualifying individual for the applicant has had within
15the last 10 years immediately preceding the filing of the
16application, not less than four years experience as a journeyman,
17foreman, supervising employee, or contractor in the classification
18within which the licensee intends to engage in the additional
19classification as a contractor.

20(c) The application is, as determined by the registrar, for a
21classification that is closely related to the classification or
22classifications in which the licensee is licensed, or the qualifying
23individual is associated with a licensed general engineering
24contractor or licensed general building contractor and is applying
25for a classification that is a significant component of the licensed
26contractor’s construction business as determined by the registrar.
27This section shall not apply to an applicant who is licensed solely
28within the limited-specialty classifications.

29Pursuant to Section 7065, the registrar shall conduct a
30comprehensive investigation of no less than 3 percent of
31applications filed under this section to ensure that the applicants
32met the experience requirements of this section.

33

SEC. 8.  

Section 7114 of the Business and Professions Code is
34amended to read:

35

7114.  

(a) Aiding or abetting an unlicensed person to evade
36the provisions of this chapter or combining or conspiring with an
37unlicensed person, or allowing one’s license to be used by an
38unlicensed person, or acting as agent or partner or associate, or
39otherwise, of an unlicensed person with the intent to evade the
40provisions of this chapter constitutes a cause for disciplinary action.

P14   1(b) A licensee who is found by the registrar to have violated
2subdivision (a) shall, in accordance with the provisions of this
3article, be subject to the registrar’s authority to order payment of
4a specified sum to an injured party, including, but not limited to,
5payment for any injury resulting from the acts of the unlicensed
6 person.

7

SEC. 9.  

Section 7141 of the Business and Professions Code is
8amended to read:

9

7141.  

(a) Except as otherwise provided in this chapter, a
10license that has expired may be renewed at any time within five
11years after its expiration by filing an application for renewal on a
12form prescribed by the registrar and payment of the appropriate
13renewal fee. Renewal under this section shall be effective on the
14date an acceptable renewal application is filed with the board. The
15licensee shall be considered unlicensed and there will be a break
16in the licensing time between the expiration date and the date the
17renewal becomes effective. Except as provided in subdivision (b),
18if the license is renewed after the expiration date, the licensee shall
19also pay the delinquency fee prescribed by this chapter.

20(b) An incomplete renewal application that had originally been
21submitted on or before the license expiration date shall be returned
22to the licensee by the registrar with an explanation of the reasons
23for its rejection. If a corrected and acceptable renewal application
24is not returned within 30 days after the license expiration date, the
25delinquency fee shall apply. The 30 day grace period shall apply
26only to the delinquency fee. The license shall reflect an expired
27status for any period between the expiration date and the date of
28submission of a correct and acceptable renewal application.

29(c) If so renewed, the license shall continue in effect through
30the date provided in Section 7140 that next occurs after the
31effective date of the renewal, when it shall expire if it is not again
32renewed.

33(d) If a license is not renewed within five years, the licensee
34shall make an application for a license pursuant to Section 7066.

35

SEC. 10.  

Section 7206 of the Business and Professions Code
36 is amended to read:

37

7206.  

Special meetings shall be held upon request of a majority
38of the members of the board or upon the call of the president.

39

SEC. 11.  

Section 7210 of the Business and Professions Code
40 is amended to read:

P15   1

7210.  

It shall be unlawful for any person to sell, offer for sale,
2give, hire or furnish under any other arrangement, any guide dog
3or to engage in the business or occupation of training a guide dog
4unless he or she holds a valid and unimpaired license issued
5pursuant to this chapter.

6

SEC. 12.  

Section 7851 is added to the Business and Professions
7Code
, to read:

8

7851.  

(a) The board shall issue, upon application and payment
9of the fee established by Section 7887, a retired license to a
10geologist or geophysicist who has been licensed by the board for
11a minimum of five years within California and a minimum of 20
12years within the United States or its territories, and who holds a
13license that is not suspended, revoked, or otherwise disciplined,
14or subject to pending discipline under this chapter.

15(b) The holder of a retired license issued pursuant to this section
16shall not engage in any activity for which an active geologist’s or
17geophysicist’s license is required. A geologist or geophysicist
18holding a retired license may use the titles “retired professional
19geologist” or “professional geologist, retired,” or “retired
20professional geophysicist” or “professional geophysicist, retired.”

21(c) The holder of a retired license shall not be required to renew
22that registration.

23(d) In order for the holder of a retired license, issued pursuant
24to this section, to restore his or her license to active status he or
25she shall pass the examination required for initial licensure with
26the board.

27

SEC. 13.  

Section 7887 of the Business and Professions Code
28 is amended to read:

29

7887.  

The amount of the fees prescribed by this chapter shall
30be fixed by the board in accordance with the following schedule:

31(a) The fee for filing each application for licensure as a geologist
32or a geophysicist or certification as a specialty geologist or a
33specialty geophysicist and for administration of the examination
34shall be fixed at not more than two hundred fifty dollars ($250).

35(b) The license fee for a geologist or for a geophysicist and the
36fee for the certification in a specialty shall be fixed at an amount
37equal to the renewal fee in effect on the last regular renewal date
38before the date on which the certificate is issued, except that, with
39respect to certificates that will expire less than one year after
40issuance, the fee shall be fixed at an amount equal to 50 percent
P16   1of the renewal fee in effect on the last regular renewal date before
2the date on which the certificate is issued. The board may, by
3appropriate regulation, provide for the waiver or refund of the
4initial certificate fee where the certificate is issued less than 45
5days before the date on which it will expire.

6(c) The duplicate certificate fee shall be fixed at not more than
7six dollars ($6).

8(d) The temporary license fee for a geologist or for a
9geophysicist shall be fixed at not more than eighty dollars ($80).

10(e) The renewal fee for a geologist or for a geophysicist shall
11be fixed at not more than four hundred dollars ($400).

12(f) The renewal fee for a specialty geologist or for a specialty
13geophysicist shall be fixed at not more than one hundred dollars
14($100).

15(g) Notwithstanding Section 163.5, the delinquency fee for a
16certificate is an amount equal to 50 percent of the renewal fee in
17effect on the last regular renewal date.

18(h) Each applicant for licensure as a geologist shall pay an
19examination fee fixed at an amount equal to the actual cost to the
20board to administer the examination described in subdivision (d)
21of Section 7841.

22(i) Each applicant for licensure as a geophysicist or certification
23as an engineering geologist or certification as a hydrogeologist
24shall pay an examination fee fixed by the board at an amount equal
25to the actual cost to the board for the development and maintenance
26of the written examination, and shall not exceed one hundred
27dollars ($100).

28(j) The fee for a retired license shall be fixed at not more than
2950 percent of the fee for filing an application for licensure as a
30geologist or a geophysicist in effect on the date of application for
31a retired license.

32begin insert

begin insertSEC. 13.5.end insert  

end insert

begin insertSection 7887 of the end insertbegin insertBusiness and Professions Codeend insert
33begin insert is amended to read:end insert

34

7887.  

The amount of the fees prescribed by this chapter shall
35be fixed by the board in accordance with the following schedule:

36(a) The fee for filing each application forbegin delete registrationend deletebegin insert licensureend insert
37 as a geologist or a geophysicist or certification as a specialty
38geologist or a specialty geophysicist and for administration of the
39examinationbegin insert shall be fixedend insert at not more than two hundredbegin delete andend delete fifty
40dollars ($250).

P17   1(b) Thebegin delete registrationend deletebegin insert licenseend insert fee for a geologist or for a
2geophysicist and the fee for the certification in a specialty shall be
3fixed at an amount equal to the renewal fee in effect on the last
4regular renewal date before the date on which the certificate is
5issued, except that, with respect to certificates that will expire less
6than one year after issuance, the fee shall be fixed at an amount
7equal to 50 percent of the renewal fee in effect on the last regular
8renewal date before the date on which the certificate is issued. The
9board may, by appropriate regulation, provide for the waiver or
10refund of the initial certificate fee where the certificate is issued
11less than 45 days before the date on which it will expire.

12(c) The duplicate certificate feebegin insert shall be fixedend insert at not more than
13six dollars ($6).

begin delete

14(d) The temporary registration fee for a geologist or for a
15geophysicist at not more than eighty dollars ($80).

end delete
begin delete

16(e)

end delete

17begin insert(d)end insert The renewal fee for a geologist or for a geophysicist shall
18be fixedbegin delete by the boardend delete at not more than four hundred dollars ($400).

begin delete

19(f)

end delete

20begin insert(e)end insert The renewal fee for a specialty geologist or for a specialty
21geophysicistbegin insert shall be fixedend insert at not more than one hundred dollars
22($100).

begin delete

23(g)

end delete

24begin insert(f)end insert Notwithstanding Section 163.5, the delinquency fee for a
25certificate is an amount equal to 50 percent of the renewal fee in
26effect on the last regular renewal date.

begin delete

27(h)

end delete

28begin insert(g)end insert Each applicant forbegin delete registrationend deletebegin insert licensureend insert as a geologist shall
29pay an examination fee fixedbegin delete by the boardend delete at an amount equal to
30the actual cost to the board to administer the examination described
31in subdivision (d) of Section 7841.

begin delete

32(i)

end delete

33begin insert(h)end insert Each applicant forbegin delete registrationend deletebegin insert licensureend insert as a geophysicist
34or certification as an engineering geologist or certification as a
35hydrogeologist shall pay an examination fee fixed by the board at
36an amount equal to the actual cost to the board for the development
37and maintenance of the written examination, and shall not exceed
38one hundred dollars ($100).

begin insert

39(i) The fee for a retired license shall be fixed at not more than
4050 percent of the fee for filing an application for licensure as a
P18   1geologist or a geophysicist in effect on the date of application for
2a retired license.

end insert
3begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 9807 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended to read:end insert

5

9807.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, a service
6dealer licensed under this chapterbegin insert and authorized to engage in the
7electronic repair industry, as defined in subdivision (p) of Section
89801,end insert
may install, calibrate, service, maintain, and monitor ignition
9interlock devices.

10(b) The bureau shall adopt regulations to implement this section
11consistent with the standards adopted by the Bureau of Automotive
12Repair and the Office of Traffic Safety under Section 9882.14.

13

begin deleteSEC. 14.end delete
14begin insertSEC. 15.end insert  

Section 17914 of the Business and Professions Code
15 is amended to read:

16

17914.  

The statement shall be signed as follows:

17(a) If the registrant is an individual, by the individual.

18(b) If the registrants are a married couple, by either party to the
19marriage.

20(c) If the registrant is a general partnership, limited partnership,
21limited liability partnership, copartnership, joint venture, or
22unincorporated association other than a partnership, by a general
23partner.

24(d) If the registrant is a limited liability company, by a manager
25or officer.

26(e) If the registrant is a trust, by a trustee.

27(f) If the registrant is a corporation, by an officer.

28(g) If the registrant is a state or local registered domestic
29partnership, by one of the domestic partners.

30begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 44011 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
31amended to read:end insert

32

44011.  

(a) All motor vehicles powered by internal combustion
33engines that are registered within an area designated for program
34coverage shall be required biennially to obtain a certificate of
35compliance or noncompliance, except for the following:

36(1) All motorcycles until the department, pursuant to Section
3744012, implements test procedures applicable to motorcycles.

38(2) All motor vehicles that have been issued a certificate of
39compliance or noncompliance or a repair cost waiver upon a change
P19   1of ownership or initial registration in this state during the preceding
2six months.

3(3) All motor vehicles manufactured prior to the 1976
4 model-year.

5(4) (A) Except as provided in subparagraph (B), all motor
6vehicles four or less model-years old.

7(B) Beginning January 1, 2005, all motor vehicles six or less
8model-years old, unless the state board finds that providing an
9exception for these vehicles will prohibit the state from meeting
10the requirements of Section 176(c) of the federal Clean Air Act
11(42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with
12respect to the state implementation plan required by the federal
13Clean Air Act.

14(C) All motor vehicles excepted by this paragraph shall be
15subject to testing and to certification requirements as determined
16by the department, if any of the following apply:

17(i) The department determines through remote sensing activities
18or other means that there is a substantial probability that the vehicle
19has a tampered emission control system or would fail for other
20cause a smog check test as specified in Section 44012.

21(ii) The vehicle was previously registered outside this state and
22 is undergoing initial registration in this state.

23(iii) The vehicle is being registered as a specially constructed
24vehicle.

25(iv) The vehicle has been selected for testing pursuant to Section
2644014.7 or any other provision of this chapter authorizing
27out-of-cycle testing.

28(D) This paragraph does not apply to diesel-powered vehicles.

29(5) In addition to the vehicles exempted pursuant to paragraph
30(4), any motor vehicle or class of motor vehicles exempted pursuant
31to subdivisionbegin delete (b)end deletebegin insert (c)end insert of Section 44024.5. It is the intent of the
32Legislature that the department, pursuant to the authority granted
33by this paragraph, exempt at least 15 percent of the lowest emitting
34motor vehicles from the biennial smog check inspection.

35(6) All motor vehicles that the department determines would
36present prohibitive inspection or repair problems.

37(7) Any vehicle registered to the owner of a fleet licensed
38pursuant to Section 44020 if the vehicle is garaged exclusively
39outside the area included in program coverage, and is not primarily
40operated inside the area included in program coverage.

P20   1(8) (A) All diesel-powered vehicles manufactured prior to the
21998 model-year.

3(B) All diesel-powered vehicles that have a gross vehicle weight
4rating of 8,501 to 10,000 pounds, inclusive, until the department,
5in consultation with the state board, pursuant to Section 44012,
6implements test procedures applicable to these vehicles.

7(C) All diesel-powered vehicles that have a gross vehicle weight
8rating from 10,001 pounds to 14,000 pounds, inclusive, until the
9state board and the Department of Motor Vehicles determine the
10best method for identifying these vehicles, and until the department,
11in consultation with the state board, pursuant to Section 44012,
12implements test procedures applicable to these vehicles.

13(D) All diesel-powered vehicles that have a gross vehicle weight
14rating of 14,001 pounds or greater.

15(b) Vehicles designated for program coverage in enhanced areas
16shall be required to obtain inspections from appropriate smog
17check stations operating in enhanced areas.

18(c) For purposes of subdivision (a), a collector motor vehicle,
19as defined in Section 259 of the Vehicle Code, is exempt from
20those portions of the test required by subdivision (f) of Section
2144012 if the collector motor vehicle meets all of the following
22criteria:

23(1) Submission of proof that the motor vehicle is insured as a
24collector motor vehicle, as shall be required by regulation of the
25bureau.

26(2) The motor vehicle is at least 35 model-years old.

27(3) The motor vehicle complies with the exhaust emissions
28standards for that motor vehicle’s class and model-year as
29prescribed by the department, and the motor vehicle passes a
30functional inspection of the fuel cap and a visual inspection for
31liquid fuel leaks.

begin delete

32(d) This section shall become operative on January 1, 2010.

end delete
33begin insert

begin insertSEC. 17.end insert  

end insert
begin insert

Section 13.5 of this bill incorporates amendments to
34Section 7887 of the Business and Professions Code proposed by
35both this bill and Senate Bill 152. It shall only become operative
36if (1) both bills are enacted and become effective on or before
37January 1, 2014, (2) each bill amends Section 7887 of the Business
38and Professions Code, and (3) this bill is enacted after Senate Bill
39152, in which case Section 13 of this bill shall not become
40operative.

end insert
P21   1

begin deleteSEC. 15.end delete
2begin insertSEC. 18.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

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