Amended in Assembly March 3, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 178

Introduced by begin delete Committee on Business and Professions (Assembly Members Bonilla (Chair), Bloom, Dodd, Gatto, Holden, Mullin, Ting, and Wood) end delete begin insert Assembly Member Bonilla end insert

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(Coauthor: Senator Hill)

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January 26, 2015

An act to amend Sections begin delete 5510, 5517, 5620, 5621, and 5622 end delete begin insert 2841, 2847, 4501, and 4503 end insert of the Business and Professions Code, relating to begin delete architects. end delete begin insert healing arts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 178, as amended, begin delete Committee on Business and Professions end delete   begin insert Bonilla end insert . begin delete Architects and landscape architects: end delete begin insert Board of Vocational Nursing and Psychiatric Technicians of the State of California: end insert authority: extension.

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Existing law provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer. Existing law repeals these provisions on January 1, 2016.

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This bill would extend that repeal date to January 1, 2020.

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Existing law provides for the licensure and regulation of persons engaged in the practice of architecture, including landscape architecture, by the California Architects Board. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architect’s license. Existing law repeals these provisions on January 1, 2016.

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This bill would extend the operation of these provisions until January 1, 2020.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 2841 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

2841.  

(a) There is in the Department of Consumer Affairs a
Board of Vocational Nursing and Psychiatric Technicians of the
State of California, consisting of 11 members.

(b) Within the meaning of this chapter, “board,” or “the board,”
refers to the Board of Vocational Nursing and Psychiatric
Technicians of the State of California.

(c) This section shall remain in effect only until January 1, begin delete 2016, end delete
begin insert 2020, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert Notwithstanding any other begin delete provision of end delete law, the repeal
of this section renders the board subject to review by the
appropriate policy committees of the Legislature.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 2847 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2847.  

(a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.

(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed begin delete professional end delete begin insert registered end insert nurse begin delete as defined in Section 2725, end delete
begin insert under Chapter 6 (commencing with Section 2700), end insert or a duly
licensed psychiatric technician. The executive officer shall not be
a member of the board.

(c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.

(d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.

(e) This section shall remain in effect only until January 1, begin delete 2016, end delete
begin insert 2020, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert

begin insert

begin insert SEC. 3. end insert   

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begin insert Section 4501 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4501.  

(a) “Board,” as used in this chapter, means the Board
of Vocational Nursing and Psychiatric Technicians of the State of
California.

(b) This section shall remain in effect only until January 1, begin delete 2016, end delete
begin insert 2020, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert

begin insert

begin insert SEC. 4. end insert   

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begin insert Section 4503 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4503.  

(a) The board shall administer and enforce this chapter.

(b) This section shall remain in effect only until January 1, begin delete 2016, end delete
begin insert 2020, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert

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SECTION 1.  

Section 5510 of the Business and Professions
Code is amended to read:

5510.  

There is in the Department of Consumer Affairs a
California Architects Board which consists of 10 members.

Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.

This section shall remain in effect only until January 1, 2020,
and as of that date is repealed. Notwithstanding any other law, the
repeal of this section renders the board subject to review by the
appropriate policy committees of the Legislature.

SEC. 2.  

Section 5517 of the Business and Professions Code is
amended to read:

5517.  

The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who
shall exercise the powers and perform the duties delegated by the
board and vested in him or her by this chapter.

This section shall remain in effect only until January 1, 2020,
and as of that date is repealed.

SEC. 3.  

Section 5620 of the Business and Professions Code is
amended to read:

5620.  

The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of
Consumer Affairs in accordance with Chapter 908 of the Statutes
of 1994 are hereby transferred to the California Architects Board.
The Legislature finds that the purpose for the transfer of power is
to promote and enhance the efficiency of state government and
that assumption of the powers and duties by the California
Architects Board shall not be viewed or construed as a precedent
for the establishment of state regulation over a profession or
vocation that was not previously regulated by a board, as defined
in Section 477.

(a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.

Whenever in this chapter “board” is used, it refers to the
California Architects Board.

(b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.

(c) After review of proposed regulations, the board may direct
the examining committee to notice and conduct hearings to adopt,
amend, or repeal regulations pursuant to Section 5630, provided
that the board itself shall take final action to adopt, amend, or
repeal those regulations.

(d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed.

SEC. 4.  

Section 5621 of the Business and Professions Code is
amended to read:

5621.  

(a) There is hereby created within the jurisdiction of the
board, a Landscape Architects Technical Committee, hereinafter
referred to in this chapter as the landscape architects committee.

(b) The landscape architects committee shall consist of five
members who shall be licensed to practice landscape architecture
in this state. The Governor shall appoint three of the members.
The Senate Committee on Rules and the Speaker of the Assembly
shall appoint one member each.

(c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; one member for a
term of two years; and one member for a term of three years. The
Senate Committee on Rules and the Speaker of the Assembly shall
initially each appoint one member for a term of four years.
Thereafter, appointments shall be made for four-year terms,
expiring on June 1 of the fourth year and until the appointment
and qualification of his or her successor or until one year shall
have elapsed, whichever first occurs. Vacancies shall be filled for
the unexpired term.

(d) No person shall serve as a member of the landscape
architects committee for more than two consecutive terms.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed.

SEC. 5.  

Section 5622 of the Business and Professions Code is
amended to read:

5622.  

(a) The landscape architects committee may assist the
board in the examination of candidates for a landscape architect’s
license and, after investigation, evaluate and make
recommendations regarding potential violations of this chapter.

(b) The landscape architects committee may investigate, assist,
and make recommendations to the board regarding the regulation
of landscape architects in this state.

(c) The landscape architects committee may perform duties and
functions that have been delegated to it by the board pursuant to
Section 5620.

(d) The landscape architects committee may send a
representative to all meetings of the full board to report on the
committee’s activities.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed.

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