Amended in Senate September 4, 2015

Amended in Senate August 31, 2015

Amended in Senate June 29, 2015

Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 181

Introduced by Assembly Member Bonilla

(Principal coauthor: Senator Hill)

January 26, 2015

An act to amend Sections begin insert 5055, 5070.1, 5087, 6735, 7083, 7200, 7200.5, 7200.7, 7201, 7202, 7208, 7209, 7209.5, 7210.5, 7211.1, 7211.2, 7215, 7215.5, 7217, end insert 7303, 7303.2, 7313, 7395.1, 7401, 7404, begin delete and 7407 end delete begin insert 7407, 7685, 7818, 8508, 8513, 8552, 8611, and 17913 end insert of, to add Sections 7314.3 and 7402.5 to, and to repeal Sections begin delete 7304 and 7308 end delete begin insert 7304, 7308, and 8516.5 end insert of, the Business and Professions Code, begin insert and to amend Section 13995.40 of the Government Code, end insert relating to begin delete professions and vocations. end delete begin insert business and professions. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 181, as amended, Bonilla. begin delete Professions and vocations: barbering and cosmetology. end delete begin insert Business and professions. end insert

begin delete

The

end delete begin insert

(1) Existing law provides for the practice of accountancy by the California Board of Accountancy. Existing law, until 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 subject to specified requirements. Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.

end insert begin insert

This bill would authorize an individual practicing public accountancy in this state under a practice privilege to be styled and known as a “certified public accountant” and use the abbreviation “C.P.A.” The bill would prohibit the board from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.

end insert begin insert

Existing law authorizes the board to issue a certified public accountant (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.

end insert begin insert

This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.

end insert begin insert

(2) The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.

end insert begin insert

This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.

end insert begin insert

(3) Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.

end insert begin insert

This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.

end insert

begin insert (4) end insert begin insert   end insert begin insert The end insert Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.

This bill would extend the operation of the board and the executive officer to January 1, 2020.

Existing law also requires the board to conduct specified reviews and reports by various dates in the past.

This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers, and to evaluate the protocol every two years to ensure that it remains current. The bill would require the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board. The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. The bill would also make technical, nonsubstantive changes to these provisions.

begin insert

(5) Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.

end insert begin insert

This bill would require that the funeral establishment’s Internet Web site contain specified key words.

end insert begin insert

(6) Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board. The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified registered companies to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.

end insert begin insert

This bill would extend the notice requirements to all registered companies.

end insert begin insert

Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owner’s agent within 10 working days of an inspection.

end insert begin insert

This bill would remove the requirement that the pest control operator provide the owner of the property or the owner’s agent with a copy of the report, unless the owner was the person who requested the inspection.

end insert begin insert

(7) Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.

end insert begin insert

This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology.

end insert begin insert

(8) This bill would make various other nonsubstantive changes.

end insert begin insert

(9) Because this bill would expand the definition of a crime, it would impose a state-mandated local program.

end insert begin 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.

end insert begin insert

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

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 5055 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

5055.  

Any person who has received from the board a certificate
of certified public begin delete accountant end delete begin insert accountant, or who is authorized to
practice public accountancy in this state pursuant to Article 5.1
(commencing with Section 5096), end insert may, subject to Section 5051,
be styled and known as a “certified public accountant” and may
also use the abbreviation “C.P.A.” No other person, except a firm
registered under this chapter, shall assume or use that title,
designation, or abbreviation or any other title, designation, sign,
card, or device tending to indicate that the person using it is a
certified public accountant.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5070.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

5070.1.  

(a) The board may establish, by regulation, a system
for the placement of a license into a retired status, upon application,
for certified public accountants and public accountants who are
not actively engaged in the practice of public accountancy or any
activity begin delete which end delete begin insert that end insert requires them to be licensed by the board.

(b) No licensee with a license in a retired status shall engage in
any activity for which a permit is required.

(c) The board shall deny an applicant’s application to place a
license in a retired status if the permit is subject to an outstanding
order of the board, is suspended, revoked, or otherwise punitively
restricted by the board, or is subject to disciplinary action under
this chapter.

(d) (1) The holder of a license that was canceled pursuant to
Section 5070.7 may apply for the placement of that license in a
retired status pursuant to subdivision (a).

(2) Upon approval of an application made pursuant to paragraph
(1), the board shall reissue that license in a retired status.

(3) The holder of a canceled license that was placed in retired
status between January 1, 1994, and January 1, 1999, inclusive,
shall not be required to meet the qualifications established pursuant
to subdivision (e), but shall be subject to all other requirements of
this section.

(e) The board shall establish minimum qualifications to place
a license in retired status.

(f) The board may exempt the holder of a license in a retired
status from the renewal requirements described in Section 5070.5.

(g) The board shall establish minimum qualifications for the
restoration of a license in a retired status to an active status. These
minimum qualifications shall include, but are not limited to,
continuing education and payment of a fee as provided in
subdivision (h) of Section 5134.

begin insert

(h) The board shall not restore to active or inactive status a
license that was canceled by operation of law, pursuant to
subdivision (a) of Section 5070.7, and then placed into retired
status pursuant to subdivision (d). The individual shall instead
apply for a new license, as described in subdivision (c) of Section
5070.7, in order to restore his or her license.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5087 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

5087.  

(a) The board may issue a certified public accountant
license to any applicant who is a holder of a begin delete valid and unrevoked end delete
begin insert current, active, and unrestricted end insert certified public accountant license
issued under the laws of any state, if the board determines that the
standards under which the applicant received the license are
substantially equivalent to the standards of education, examination,
and experience established under this chapter and the applicant
has not committed acts or crimes constituting grounds for denial
under Section 480. To be authorized to sign reports on attest
engagements, the applicant shall meet the requirements of Section
5095.

(b) The board may in particular cases waive any of the
requirements regarding the circumstances in which the various
parts of the examination were to be passed for an applicant from
another state.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 6735 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

6735.  

(a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as “documents”) shall be prepared by, or
under the responsible charge of, a licensed civil engineer and shall
include his or her name and license number. Interim documents
shall include a notation as to the intended purpose of the document,
such as “preliminary,” “not for construction,” “for plan check
only,” or “for review only.” All civil engineering plans and
specifications that are permitted or that are to be released for
construction shall bear the signature and seal or stamp of the
licensee and the date of signing and sealing or stamping. All final
civil engineering calculations and reports shall bear the signature
and seal or stamp of the licensee, and the date of signing and
sealing or stamping. If civil engineering plans are required to be
signed and sealed or stamped and have multiple sheets, the
signature, seal or stamp, and date of signing and sealing or
stamping shall appear on each sheet of the plans. If civil
engineering specifications, calculations, and reports are required
to be signed and sealed or stamped and have multiple pages, the
signature, seal or stamp, and date of signing and sealing or
stamping shall appear at a minimum on the title sheet, cover sheet,
or signature sheet.

begin delete

(b) (1) All civil engineering plans, calculations, specifications,
and reports for the construction of structures described in paragraph
(2) shall be prepared by, or under the responsible charge of, a
licensed architect holding a valid certificate under Chapter 3
(commencing with Section 5500) or a licensed civil engineer who
is also licensed as a structural engineer in accordance with Section
6736.

(2) All public school structures, as provided under Chapter 3
(commencing with Section 17251) of Part 10.5 of Division 1 of
Title 1 of the Education Code.

(c) (1) All civil engineering plans, calculations, specifications,
and reports for the construction of the structures described in
paragraph (2) shall be prepared by, or under the responsible charge
of, a licensed civil engineer who is also licensed as a structural
engineer in accordance with Section 6736.

(2) Hospitals and other medical facilities having surgery and
emergency treatment areas, as provided under Part 7 (commencing
with Section 129675) of Division 107 of the Health and Safety
Code.

(d)

end delete

begin insert (b) end insert  Notwithstanding subdivision begin delete (a) or (b), end delete begin insert (a), end insert a licensed civil
engineer who signs civil engineering documents shall not be
responsible for damage caused by subsequent changes to or uses
of those documents, if the subsequent changes or uses, including
changes or uses made by state or local governmental agencies, are
not authorized or approved by the licensed civil engineer who
originally signed the documents, provided that the engineering
service rendered by the civil engineer who signed the documents
was not also a proximate cause of the damage.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 7083 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7083.  

begin delete All end delete begin insert (a) end insert begin insert   end insert begin insert Notwithstanding any other law, end insert licensees shall
notify the registrar, on a form prescribed by the registrar, in writing
within 90 days of any change to information recorded under this
chapter. This notification requirement shall include, but not be
limited to, changes in business address, personnel, business name,
qualifying individual bond exemption pursuant to Section 7071.9,
or exemption to qualify multiple licenses pursuant to Section
7068.1.

begin insert (b) end insert begin insert   end insert Failure of the licensee to notify the registrar of any change
to information within 90 days shall cause the change to be effective
the date the written notification is received at the board’s
headquarters office.

begin insert (c) end insert begin insert   end insert Failure to notify the registrar of the changes within the 90
days is grounds for disciplinary action.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 7200 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7200.  

(a) There is in the Department of Consumer Affairs a
State Board of Guide Dogs for the Blind in whom enforcement of
this chapter is vested. The board shall consist of seven members
appointed by the Governor. One member shall be the Director of
Rehabilitation or his or her designated representative. The
remaining members shall be persons who have shown a particular
interest in dealing with the problems of begin delete the blind, end delete begin insert persons who are
blind or visually impaired end insert and at least two of them shall be begin delete blind end delete
persons who begin insert are blind or visually impaired who end insert use guide dogs.

(b) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.
Notwithstanding any other law, the repeal of this section renders
the board subject to review by the appropriate policy committees
of the Legislature.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 7200.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7200.5.  

The board shall have exclusive authority in this state
to issue licenses for the instruction of begin delete blind end delete persons begin insert who are blind
or visually impaired end insert in the use of guide dogs and for the training
of guide dogs for use by begin delete blind persons. end delete begin insert persons who are blind or
visually impaired. end insert It shall also have exclusive authority in this state
to issue licenses to operate schools for the training of guide dogs
begin delete for the blind, end delete and the instruction of begin delete blind end delete persons begin insert who are blind
or visually impaired end insert in the use of guide dogs.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 7200.7 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7200.7.  

A fee equal to no more than 0.005 of all school
expenses incurred in the most recently concluded school begin delete calendar end delete
begin insert fiscal end insert year, as specified in the audit required under Section 7217,
shall be paid no later than April 30 of each year for renewal of a
school’s license pursuant to Section 7200.5. The board shall, by
regulation, define the exact amount of the fee. All fees collected
pursuant to this section shall be deposited into the Guide Dogs for
the Blind Fund, which is hereby created.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 7201 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7201.  

No person shall be eligible to membership in the board
who is a stockholder in, or an owner of, or financially interested
directly or indirectly, in any company, organization, or concern
supplying, delivering, or furnishing any guide dogs for use by begin delete the
blind. end delete begin insert persons who are blind or visually impaired. end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 7202 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7202.  

Each of the appointed members of the board shall hold
office for a term of four years and until his begin insert or her end insert successor is
appointed and qualified or until one year shall have elapsed since
the expiration of the term for which he begin insert or she end insert was appointed,
whichever first occurs. No person shall serve as an appointed
member of the board for more than two consecutive begin delete terms, but this
provision shall not apply to any member in office at the time this
provision takes effect. end delete begin insert terms. end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 7208 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7208.  

Pursuant to the provisions of the Administrative
Procedure Act the board may make such rules and regulations as
are reasonably necessary to:

(a) Govern the procedure of the board.

(b) Govern the admission of applicants for examination for
license to instruct begin delete blind end delete persons begin insert who are blind or visually impaired end insert
in the use of guide dogs or to engage in the business of training,
selling, hiring, or being in the business of supplying guide dogs
for begin delete the blind. end delete begin insert persons who are blind or visually impaired. end insert

(c) Govern the operation of schools which furnish guide dogs
and train begin delete blind end delete persons begin insert who are blind or visually impaired end insert to use
guide dogs.

(d) The reissuance of licenses.

(e) The reexamination of licensees.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 7209 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7209.  

A person to be eligible for examination as an instructor
must begin delete (1) end delete begin insert (a) end insert have a knowledge of the special problems of begin delete the blind end delete begin insert end insert
begin insert persons who are blind or visually impaired end insert and how to teach them,
begin delete (2) end delete begin insert (b) end insert be able to demonstrate by actual blindfold test under traffic
conditions his begin insert or her end insert ability to train guide dogs with whom begin delete a blind
person end delete begin insert end insert begin insert persons who are blind or visually impaired end insert would be safe,
begin delete (3) end delete begin insert (c) end insert be suited temperamentally and otherwise to instruct begin delete blind end delete
persons begin insert who are blind or visually impaired end insert in the use of guide
dogs, and begin delete (4) end delete begin insert (d) end insert have had at least three years’ actual experience,
comprising such number of hours as the board may require, as an
instructor, and have handled begin delete twenty-two (22) man-dog end delete begin insert 22
person-dog end insert units; or its equivalent, as determined by the board, as
an apprentice under a licensed instructor or under an instructor in
a school satisfactory to the board.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 7209.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7209.5.  

Except as the context otherwise requires, as used in
this chapter the term “instructor” means a person who instructs
begin delete blind end delete persons begin insert who are blind or visually impaired end insert in the use of
guide dogs or who engages in the business of training, selling,
hiring, or supplying guide dogs for begin delete the blind. end delete begin insert persons who are
blind or visually impaired. end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 7210.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7210.5.  

It is unlawful to solicit funds for any person purporting
to provide guide dogs for begin delete the blind end delete begin insert persons who are blind or
visually impaired end insert in this state unless the person for whose benefit
the solicitation is made holds a valid and unimpaired license issued
by the State Board of Guide Dogs for the Blind.

As used in this section “person” means an individual, firm,
partnership, association, corporation, limited liability company,
or cooperative association.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 7211.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7211.1.  

(a) As a condition of renewal of an instructor’s license,
the instructor shall provide proof of completion of not less than 8
hours of continuing education. The board shall determine the form
of proof.

(b) Continuing education shall meet the criteria specified in
Section 166, and shall be in one or more of the following subject
matter areas:

(1) Blindness and mobility.

(2) Health issues relating to blindness.

(3) Instructing begin delete blind persons. end delete begin insert persons who are blind or visually
impaired. end insert

(4) Care and training of dogs.

begin delete

(c) This section shall apply to renewal of instructors’ licenses
which expire on or after June 30, 1996.

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 7211.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7211.2.  

A plea or verdict of guilty or a conviction following a
plea of nolo contendere is deemed to be a conviction within the
meaning of this article. The board may order the license suspended
or revoked, or may decline to issue a license, when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal or when an order granting probation is made suspending
the imposition of sentence, irrespective of a subsequent order under
the provisions of Section 1203.4 of the Penal Code allowing such
person to withdraw his begin insert or her end insert plea of guilty and to enter a plea of
not guilty, or setting aside the verdict of guilty, or dismissing the
accusation, begin delete information end delete begin insert information, end insert or indictment.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 7215 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7215.  

No person shall sell, give, or furnish any guide dog to a
begin delete blind end delete person begin insert who is blind or visually impaired end insert unless the following
requirements have been met:

(a) The dog has been immunized against distemper and rabies.

(b) The dog has been spayed or neutered.

(c) The dog has been examined by a licensed veterinarian and
found to be in good health.

A certificate from a veterinarian certifying to the foregoing shall
be delivered to the recipient of the dog at the time the dog is
assigned to a client.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 7215.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7215.5.  

begin insert (a) end insert begin insert   end insert During the first year following the successful
training of each person-dog unit, and release from a guide dog
training school of the trained person supplied with a guide dog,
the school may retain title to the trained dog. During this
probationary year, the school may enter into a contractual
agreement with the user of the dog describing the conditions under
which the user may maintain the status of legal custodian of the
dog. During the probationary year, the school, acting in what it
deems to be the best interest of the user, the dog, or the public,
may temporarily or permanently resume possession of the dog.

begin insert (b) end insert begin insert   end insert Within 15 days after the end of each begin delete calendar end delete begin insert fiscal end insert year,
each licensed school shall report to the board the following:

(1) The number of dog ownership titles transferred to dog users
pursuant to this section during the calendar year.

(2) The number of title recoveries and repossessions made by
the school pursuant to this section during the calendar year.

(3) The number, type, and amount of charges assessed for
followup training, instruction, veterinary, or boarding services,
pursuant to this section, which make a distinction between users
who have acquired title to their dogs and users who have not
acquired title.

(4) The views of the governing entity of the school as to any
problems or concerns relative to compliance with the provisions
of this section, along with recommendations for appropriate
legislative or administrative changes commensurate with the
purposes of this section.

begin insert (c) end insert begin insert   end insert Immediately upon completion of the first year following the
successful training referred to above, if the training school and the
dog user are mutually satisfied with the operation of the person-dog
unit, title to the dog shall be transferred to the begin delete blind end delete user begin insert who is
blind or visually impaired end insert if the user so desires. Transfer of title
shall be evidenced by a transfer of title agreement executed by
both parties thereto. The school may retain an option to recover
title and possession to the guide dog subject to conditions described
in the transfer of title agreement. These conditions may include,
but are not limited to, the following:

(1) If in the school’s opinion, the guide dog is being misused
or neglected or mistreated by its begin delete blind user. end delete begin insert user who is blind or
visually impaired. end insert

(2) If the begin delete blind person end delete begin insert user end insert to whom the dog was furnished has
ceased to use the dog as a guide and the dog is not too old to be
retrained as a guide for another begin delete blind person. end delete begin insert person who is blind
or visually impaired. end insert

(3) If, in the school’s opinion, the dog is no longer a safe guide
and the user refuses to cease using the dog as a guide after being
requested by the school to cease this use.

begin insert (d) end insert begin insert   end insert The guide dog school shall make no distinction as to the
quality or extent of followup or supportive services available to
its blind graduates based on whether they elect to acquire title to
their dogs or allow title to remain with the school after the
probationary year. The school may, however, make this distinction
when assessing reasonable and appropriate charges for followup
training, instruction, veterinary, or boarding services.

begin insert (e) end insert begin insert   end insert No applicant for admission to a guide dog training school,
nor any enrolled student, shall be required by the school prior to
completion of his or her training to sign any instrument or to
announce his or her intention regarding transfer of title of the dog
from the school to himself or herself upon completion of the
training and probation period.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 7217 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7217.  

(a) Within 60 days after the begin delete end of a calendar year or
after the end delete termination of the fiscal year of a school, there shall be
furnished to the board the following:

(1) A list of students accepted for training and those who have
completed training.

(2) A list of the number of dogs trained.

(b) Within 90 days after the end of a begin delete calendar end delete begin insert fiscal end insert year, there
shall be furnished to the board an independent audit of the school’s
finances by a certified public accountant licensed by this state.

begin delete SECTION 1. end delete
begin insert SEC. 20. end insert   

Section 7303 of the Business and Professions Code
is amended to read:

7303.  

(a) Notwithstanding Article 8 (commencing with Section
9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code, there is in the Department of Consumer Affairs
the State Board of Barbering and Cosmetology in which the
administration of this chapter is vested.

(b) The board shall consist of nine members. Five members
shall be public members, and four members shall represent the
professions. The Governor shall appoint three of the public
members and the four professional members. The Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint one public member. Members of the board shall be
appointed for a term of four years, except that of the members
appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term
of two years. No board member may serve longer than two
consecutive terms.

(c) The board may appoint an executive officer who is exempt
from civil service. The executive officer shall exercise the powers
and perform the duties delegated by the board and vested in him
or her by this chapter. The appointment of the executive officer is
subject to the approval of the director. In the event that a newly
authorized board replaces an existing or previous bureau, the
director may appoint an interim executive officer for the board
who shall serve temporarily until the new board appoints a
permanent executive officer.

(d) The executive officer shall provide examiners, inspectors,
and other personnel necessary to carry out the provisions of this
chapter.

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

begin delete SEC. 2. end delete
begin insert SEC. 21. end insert   

Section 7303.2 of the Business and Professions Code
is amended to read:

7303.2.  

The board shall conduct the following reviews, and
shall report its findings and recommendations to the Assembly
Committee on Business and Professions and the Senate Committee
on Business, Professions, and Economic Development no later
than November 1, 2018:

(a) The board, pursuant to Section 139, shall review the
1,600-hour training requirement for cosmetologists, conduct an
occupational analysis of the cosmetology profession in California,
and conduct a review of the national written examination for
cosmetologists and of the practical examination, in order to
evaluate whether both examinations assess critical competencies
for California cosmetologists and meet professional testing
standards.

(b) The board shall review the Spanish language examination
if, by January 1, 2016, the pass rate for Spanish speakers did not
increase to the average pass rate for all other language examinations
during the two-year period prior to January 1, 2016.

begin delete SEC. 3. end delete
begin insert SEC. 22. end insert   

Section 7304 of the Business and Professions Code
is repealed.

begin delete SEC. 4. end delete
begin insert SEC. 23. end insert   

Section 7308 of the Business and Professions Code
is repealed.

begin delete SEC. 5. end delete
begin insert SEC. 24. end insert   

Section 7313 of the Business and Professions Code
is amended to read:

7313.  

(a) (1) To ensure compliance with the laws and
regulations of this chapter, the board’s executive officer and
authorized representatives shall, except as provided by Section
159.5, have access to, and shall inspect, any establishment or
mobile unit during business hours or at any time in which
barbering, cosmetology, or electrolysis are being performed. It is
the intent of the Legislature that inspections be conducted on
Saturdays and Sundays as well as weekdays, if collective
bargaining agreements and civil service provisions permit.

(2) The board shall maintain a program of random and targeted
inspections of establishments to ensure compliance with applicable
laws relating to the public health and safety and the conduct and
operation of establishments. The board or its authorized
representatives shall inspect establishments to reasonably determine
compliance levels and to identify market conditions that require
targeted enforcement. The board shall not reduce the number of
employees assigned to perform random inspections, targeted
inspections, and investigations relating to field operations below
the level funded by the annual Budget Act and described in
supporting budget documents, and shall not redirect funds or
personnel-years allocated to those inspection and investigation
purposes to other purposes.

(b) To ensure compliance with health and safety requirements
adopted by the board, the executive officer and authorized
representatives shall, except as provided in Section 159.5, have
access to, and shall inspect the premises of, all schools in which
the practice of barbering, cosmetology, or electrolysis is performed
on the public. Notices of violation shall be issued to schools for
violations of regulations governing conditions related to the health
and safety of patrons. Each notice shall specify the section violated
and a timespan within which the violation must be corrected. A
copy of the notice of violation shall be provided to the Bureau for
Private Postsecondary Education.

(c) With prior written authorization from the board or its
executive officer, any member of the board may enter and visit,
in his or her capacity as a board member, any establishment, during
business hours or at any time when barbering, cosmetology, or
electrolysis is being performed. The visitation by a board member
shall be for the purpose of conducting official board business, but
shall not be used as a basis for any licensing disciplinary action
by the board.

(d) The board shall adopt a protocol for inspecting
establishments when an inspector has difficulty understanding or
communicating with the owner, manager, or employees of the
establishment due to language barriers. The board shall evaluate
the protocol every two years to ensure the protocol remains current.

begin delete SEC. 6. end delete
begin insert SEC. 25. end insert   

Section 7314.3 is added to the Business and
Professions Code, to read:

7314.3.  

The board shall establish a Health and Safety Advisory
Committee to provide the board with advice and recommendations
on health and safety issues before the board.

begin delete SEC. 7. end delete
begin insert SEC. 26. end insert   

Section 7395.1 of the Business and Professions Code
is amended to read:

7395.1.  

(a) A student who is enrolled in a school of
cosmetology approved by the Bureau for Private Postsecondary
Education in a course approved by the board may, upon completion
of a minimum of 60 percent of the clock hours required for
graduation in the course, work as an unpaid extern in a cosmetology
establishment participating in the educational program of the school
of cosmetology.

(b) A person working as an extern shall receive clock hour credit
toward graduation, but that credit shall not exceed eight hours per
week and shall not exceed 10 percent of the total clock hours
required for completion of the course.

(c) The externship program shall be conducted in cosmetology
establishments meeting all of the following criteria:

(1) The establishment is licensed by the board.

(2) The establishment has a minimum of four licensees working
at the establishment, including employees and owners or managers.

(3) All licensees at the establishment are in good standing with
the board.

(4) Licensees working at the establishment work for salaries or
commissions rather than on a space rental basis.

(5) No more than one extern shall work in an establishment for
every four licensees working in the establishment. No regularly
employed licensee shall be displaced or have his or her work hours
reduced or altered to accommodate the placement of an extern in
an establishment. Prior to placement of the extern, the
establishment shall agree in writing sent to the school and to all
affected licensees that no reduction or alteration of any licensee’s
current work schedule shall occur. This shall not prevent a licensee
from voluntarily reducing or altering his or her work schedule.

(6) Externs shall wear conspicuous school identification at all
times while working in the establishment, and shall carry a school
laminated identification, that includes a picture, in a form approved
by the board.

(d) (1) No less than 90 percent of the responsibilities and duties
of the extern shall consist of the acts included within the practice
of cosmetology as defined in Section 7316.

(2) The establishment shall consult with the assigning school
regarding the extern’s progress during the unpaid externship. The
owner or manager of the establishment shall monitor and report
on the student’s progress to the school on a regular basis, with
assistance from supervising licensees.

(3) A participating school shall assess the extern’s learning
outcome from the externship program. The school shall maintain
accurate records of the extern’s educational experience in the
externship program and records that indicate how the extern’s
learning outcome translates into course credit.

(e) Participation in an externship program made available by a
school shall be voluntary, may be terminated by the student at any
time, and shall not be a prerequisite for graduation.

(f) The cosmetology establishment that chooses to utilize the
extern is liable for the extern’s general liability insurance, as well
as cosmetology malpractice liability insurance, and shall furnish
proof to the participating school that the establishment is covered
by both forms of liability insurance and that the extern is covered
under that insurance.

(g) (1) It is the purpose of the externship program authorized
by this section to provide students with skills, knowledge, and
attitudes necessary to acquire employment in the field for which
they are being trained, and to extend formalized classroom
instruction.

(2) Instruction shall be based on skills, knowledge, attitudes,
and performance levels in the area of cosmetology for which the
instruction is conducted.

(3) An extern may perform only acts listed within the definition
of the practice of cosmetology as provided in Section 7316, if a
licensee directly supervises those acts, except that an extern may
not use or apply chemical treatments unless the extern has received
appropriate training in application of those treatments from an
approved cosmetology school. An extern may work on a paying
client only in an assisting capacity and only with the direct and
immediate supervision of a licensee.

(4) The extern shall not perform any work in a manner that
would violate law.

begin delete SEC. 8. end delete
begin insert SEC. 27. end insert   

Section 7401 of the Business and Professions Code
is amended to read:

7401.  

(a) An individual licensed pursuant to Section 7396
shall report to the board at the time of license renewal, his or her
practice status, designated as one of the following:

(1) Full-time practice in California.

(2) Full-time practice outside of California.

(3) Part-time practice in California.

(4) Not working in the industry.

(5) Retired.

(6) Other practice status, as may be further defined by the board.

(b) An individual licensed pursuant to Section 7396 shall, at the
time of license renewal, identify himself or herself on the
application as one of the following:

(1) Employee.

(2) Independent contractor or booth renter.

(3) Salon owner.

(c) An individual licensed pursuant to Section 7347 shall report
to the board at the time of license renewal, whether either of the
following is applicable to him or her:

(1) He or she has a booth renter operating in the establishment.

(2) He or she has an independent contractor operating in the
establishment.

begin delete SEC. 9. end delete
begin insert SEC. 28. end insert   

Section 7402.5 is added to the Business and
Professions Code, to read:

7402.5.  

(a) For purposes of this section, a “personal service
permit” means a permit that authorizes an individual to perform
services, for which he or she holds a license pursuant to this
chapter, outside of an establishment, as defined in Section 7346,
in accordance with the regulations established by the board.

(b) The board may issue a personal service permit to an
individual who meets the criteria for a personal service permit set
forth in regulation.

(c) The board shall issue regulations regarding a personal service
permit. In establishing the regulations, the board shall hold, at a
minimum, two stakeholder meetings.

(1) The board shall determine the appropriate licensing
categories that may apply for a personal service permit in order to
protect consumer safety.

(2) The board shall authorize a personal service permit holder
to perform services outside of a licensed establishment.

(3) The board shall not exempt a personal service permit holder
from any of the board’s existing regulations or requirements on
health and safety.

(4) The board shall not require a personal service permit holder
to be employed by an establishment, unless the board determines
that it would be necessary in order to maintain consumer safety.

(5) The regulations may require an applicant for a personal
service permit to have proof of liability insurance and to pass a
criminal background clearance.

(d) A personal service permit shall be valid for two years and
shall be renewed prior to expiration. The fee for a personal service
permit shall be no greater than fifty dollars ($50). The fee for the
renewal of a personal service permit shall be no greater than fifty
dollars ($50). The delinquency fee shall be 50 percent of the
renewal fee in effect on the date of the renewal.

(e) The board shall report on the progress of the regulatory
process and issuance of personal service permits to the Legislature
on or before July 1, 2017.

(1) The report shall be submitted in compliance with Section
9795 of the Government Code.

(2) The requirement to report to the Legislature under this
subdivision is inoperative on July 1, 2021, pursuant to Section
10231.5 of the Government Code.

begin delete SEC. 10. end delete
begin insert SEC. 29. end insert   

Section 7404 of the Business and Professions Code
is amended to read:

7404.  

The grounds for disciplinary action are as follows:

(a) Unprofessional conduct which includes, but is not limited
to, any of the following:

(1) Incompetence or gross negligence, including failure to
comply with generally accepted standards for the practice of
barbering, cosmetology, or electrology or disregard for the health
and safety of patrons.

(2) Repeated similar negligent acts.

(3) Conviction of any crime substantially related to the
qualifications, functions, or duties of the licenseholder, in which
case, the records of conviction or a certified copy shall be
conclusive evidence thereof.

(4) Advertising by means of knowingly false or deceptive
statements.

(b) Failure to comply with the requirements of this chapter.

(c) Failure to comply with the rules governing health and safety
adopted by the board and approved by the State Department of
Public Health, for the regulation of establishments, or any practice
licensed and regulated under this chapter.

(d) Failure to comply with the rules adopted by the board for
the regulation of establishments, or any practice licensed and
regulated under this chapter.

(e) Continued practice by a person knowingly having an
infectious or contagious disease.

(f) Habitual drunkenness, habitual use of or addiction to the use
of any controlled substance.

(g) Obtaining or attempting to obtain practice in any occupation
licensed and regulated under this chapter, or money, or
compensation in any form, by fraudulent misrepresentation.

(h) Failure to display the license or health and safety rules and
regulations in a conspicuous place.

(i) Engaging, outside of a licensed establishment and for
compensation in any form whatever, in any practice for which a
license is required under this chapter, except that when the service
is provided because of illness or other physical or mental
incapacitation of the recipient of the service and when performed
by a licensee obtained for the purpose from a licensed
establishment.

(j) Permitting a license to be used where the holder is not
personally, actively, and continuously engaged in business.

(k) The making of any false statement as to a material matter
in any oath or affidavit, which is required by the provisions of this
chapter.

(l) Refusal to permit or interference with an inspection
authorized under this chapter.

(m) Any action or conduct which would have warranted the
denial of a license.

(n) Failure to surrender a license that was issued in error or by
mistake.

begin delete SEC. 11. end delete
begin insert SEC. 30. end insert   

Section 7407 of the Business and Professions Code
is amended to read:

7407.  

The board shall establish by regulation a schedule of
administrative fines for violations of this chapter. All moneys
collected under this section shall be deposited in the board’s
contingent fund.

The schedule shall indicate for each type of violation whether,
in the board’s discretion, the violation can be corrected. The board
shall ensure that it and the Bureau for Private Postsecondary
Education do not issue citations for the same violation.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 7685 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7685.  

(a) (1) Every funeral director shall provide to any
person, upon beginning discussion of prices or of the funeral goods
and services offered, a written or printed list containing, but not
necessarily limited to, the price for professional services offered,
which may include the funeral director’s services, the preparation
of the body, the use of facilities, and the use of automotive
equipment. All services included in this price or prices shall be
enumerated. The funeral director shall also provide a statement on
that list that gives the price range for all caskets offered for sale.

(2) The list shall also include a statement indicating that the
survivor of the deceased who is handling the funeral arrangements,
or the responsible party, is entitled to receive, prior to the drafting
of any contract, a copy of any preneed agreement that has been
signed and paid for, in full or in part, by or on behalf of the
deceased, and that is in the possession of the funeral establishment.

(3) The funeral director shall also provide a written statement
or list that, at a minimum, specifically identifies a particular casket
or caskets by price and by thickness of metal, or type of wood, or
other construction, interior and color, in addition to other casket
identification requirements under Part 453 of Title 16 of the Code
of Federal Regulations and any subsequent version of this
regulation, when a request for specific information on a casket or
caskets is made in person by any individual. Prices of caskets and
other identifying features such as thickness of metal, or type of
wood, or other construction, interior and color, in addition to other
casket identification requirements required to be given over the
telephone by Part 453 of Title 16 of the Code of Federal
Regulations and any subsequent version of this regulation, shall
be provided over the telephone, if requested.

(b) (1) Each licensed funeral establishment that maintains an
Internet Web site shall post on its Internet Web site the list of
funeral goods and services that are required to be included in the
establishment’s general price list, pursuant to federal rule, and a
statement that the general price list is available upon request.

(2) Information posted pursuant to paragraph (1) shall be
provided by a link from the begin delete home page end delete begin insert homepage end insert of the Internet
Web begin delete site. end delete begin insert site with a word or combination of words, including, but
not limited to, “goods,” “merchandise,” “products,” or
“services.” end insert

(3) An establishment that posts on its Internet Web site home
page the words “price information” or a similar phrase that includes
the word “price,” with a link that leads to the establishment’s
general price list, need not comply with paragraphs (1) or (2).

(4) Nothing in this subdivision shall be construed to affect an
establishment’s obligations under federal or state law effective
prior to January 1, 2013.

(5) This subdivision shall become operative on January 1, 2013.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 7818 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7818.  

The board, pursuant to the provisions contained in
Chapter begin delete 4.5 end delete begin insert 3.5 end insert (commencing with Section begin delete 11371) end delete begin insert end insert begin insert 11340) end insert of Part
1 of Division 3 of Title 2 of the Government Code, may adopt,
amend or repeal rules and regulations to carry out the provisions
of this chapter.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 8508 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8508.  

“Household” means any structure and its contents begin delete which end delete
begin insert that end insert are used for begin delete man and his end delete begin insert persons and their end insert convenience.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 8513 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8513.  

(a) The board shall prescribe a form entitled “Notice to
Owner” that shall describe, in nontechnical language and in a clear
and coherent manner using words with common and everyday
meaning, the pertinent provisions of this state’s mechanics lien
laws and the rights and responsibilities of an owner of property
and a registered pest control company thereunder. Each company
registered under this chapter, prior to entering into a contract with
an owner for work for which a company registration is required,
shall give a copy of this “Notice to Owner” to the owner, his or
her agent, or the payer.

(b) No company that is required to be registered under this
chapter shall require or request a waiver of lien rights from any
subcontractor, employee, or supplier.

(c) Each company registered under this chapter that acts as a
subcontractor for another company registered under this chapter
shall, within 20 days of commencement of any work for which a
company registration is required, give the preliminary notice in
accordance with Chapter 2 (commencing with Section 8200) of
Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his
or her agent, or the payer.

(d) Each company registered under this chapter that acts as a
prime contractor for work for which a company registration is
required shall, prior to accepting payment for the work, furnish to
the owner, his or her agent, or the payer a full and unconditional
release from any claim of mechanics lien by any subcontractor
entitled to enforce a mechanics lien pursuant to Section 8410 of
the Civil Code.

(e) Each company registered under this chapter that subcontracts
to another company registered under this chapter work for which
a company registration is required shall furnish to the subcontractor
the name of the owner, his or her agent, or the payer.

begin delete

(f) The provisions of this section shall be applicable only to
those registered companies, as defined in Section 8506.1, operating
pursuant to a Branch 1 or Branch 3 registration.

end delete begin delete

(g)

end delete

begin insert (f) end insert  A violation of the provisions of this section is a ground for
disciplinary action.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 8516.5 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

8516.5.  

Any registered company that makes an inspection of
any property relating to the absence or presence of wood destroying
pests or organisms on such property and makes a report of such
inspection shall furnish a copy of the report either to the owner of
the property or to the agent of the owner, within 10 working days
after the date the inspection is commenced, except an inspection
report prepared for use by an attorney for litigation is not required
to be furnished.

end delete

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 8552 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8552.  

It is unlawful for any person to advertise or represent in
any manner that any pest control work, in whole or in part, has
been done upon any structure, unless the work has been performed
by a begin delete company registered under end delete begin insert registered company, except as
otherwise provided in end insert this chapter.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 8611 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8611.  

begin insert (a) end insert begin insert   end insert Each branch office shall have a branch supervisor
designated by the registered company to supervise and assist the
company’s employees who are located at that branch. The branch
supervisor shall be an individual who is licensed by the board as
an operator or a field representative begin insert in the branch or branches of
business being conducted end insert and his or her license shall be
prominently displayed in the branch office.

begin insert (b) end insert begin insert   end insert If a branch supervisor ceases for any reason to be connected
with a registered company, the company shall notify the registrar
in writing within 10 days from that cessation. If this notice is given,
the company’s branch office registration shall remain in force for
a reasonable length of time to be determined by rules of the board,
during which period the company shall submit to the registrar in
writing the name of another qualified branch supervisor.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 17913 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

17913.  

(a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:

 

FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing business as
*
at **    :
***
This business is conducted by ****
The registrant commenced to transact business under the fictitious business name or names listed above on
*****
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).)
Registrant signature
Statement filed with the County Clerk of ____ County on

 

NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF
SECTION 17920, A FICTITIOUS NAME STATEMENT
GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM
THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF
THE COUNTY CLERK, EXCEPT, AS PROVIDED IN
SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES
40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH
IN THE STATEMENT PURSUANT TO SECTION 17913
OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS
OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
NAME STATEMENT MUST BE FILED BEFORE THE
EXPIRATION.

THE FILING OF THIS STATEMENT DOES NOT OF ITSELF
AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS
BUSINESS NAME IN VIOLATION OF THE RIGHTS OF
ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW
(SEE SECTION 14411 ET SEQ., BUSINESS AND
PROFESSIONS CODE).

(b) The fictitious business name statement shall contain the
following information set forth in the manner indicated in the form
provided by subdivision (a):

(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated
at the same address and under the same ownership may be listed
on one fictitious business name statement.

(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address, and county, of his or her principal place of business in
this state. If the registrant has no place of business in this state,
insert the street address, and county, of his or her principal place
of business outside this state.

(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and residence
address. If the registrants are a married couple, insert the full name
and residence address of both parties to the marriage. If the
registrant is a general partnership, copartnership, joint venture, or
limited liability partnership, insert the full name and residence
address of each general partner. If the registrant is a limited
partnership, insert the full name and residence address of each
general partner. If the registrant is a limited liability company,
insert the name and address of the limited liability company, as
set out in its articles of organization on file with the California
Secretary of State, and the state of organization. If the registrant
is a trust, insert the full name and residence address of each trustee.
If the registrant is a corporation, insert the name and address of
the corporation, as set out in its articles of incorporation on file
with the California Secretary of State, and the state of
incorporation. If the registrants are state or local registered
domestic partners, insert the full name and residence address of
each domestic partner. If the registrant is an unincorporated
association other than a partnership, insert the name of each person
who is interested in the business of the association and whose
liability with respect to the association is substantially the same
as that of a general partner.

(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the
business: (i) “an individual,” (ii) “a general partnership,” (iii) “a
limited partnership,” (iv) “a limited liability company,” (v) “an
unincorporated association other than a partnership,” (vi) “a
corporation,” (vii) “a trust,” (viii) “copartners,” (ix) begin delete “ a end delete begin insert “a end insert married
couple,” (x) “joint venture,” (xi) “state or local registered domestic
partners,” or (xii) “a limited liability partnership.”

(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact
business under the fictitious business name or names listed, if
already transacting business under that name or names. If the
registrant has not yet commenced to transact business under the
fictitious business name or names listed, insert the statement, “Not
applicable.”

(c) The registrant shall declare that all of the information in the
fictitious business statement is true and correct. A registrant who
declares as true any material matter pursuant to this section that
the registrant knows to be false is guilty of a misdemeanor
punishable by a fine not to exceed one thousand dollars ($1,000).

(d) (1) At the time of filing of the fictitious business name
statement, the registrant filing on behalf of the registrant shall
present personal identification in the form of a California driver’s
license or other government identification acceptable to the county
clerk to adequately determine the identity of the registrant filing
on behalf of the registrant as provided in subdivision (e) and the
county clerk may require the registrant to complete and sign an
affidavit of identity.

(2) In the case of a registrant utilizing an agent for submission
of the registrant’s fictitious business name statement for filing, at
the time of filing of the fictitious business name statement, the
agent filing on behalf of the registrant shall present personal
identification in the form of a California driver’s license or other
government identification acceptable to the county clerk to
adequately determine the identity of the agent filing on behalf of
the registrant as provided in subdivision (e). The county clerk may
also require the agent to submit a notarized statement signed by
the registrant declaring the registrant has authorized the agent to
submit the filing on behalf of the registrant.

(e) If the registrant is a corporation, a limited liability company,
a limited partnership, or a limited liability partnership, the county
clerk may require documentary evidence issued by the begin insert California end insert
Secretary of State and deemed acceptable by the county clerk,
indicating the current existence and good standing of that business
entity to be attached to a completed and notarized affidavit of
identity, for purposes of subdivision (d).

(f) The county clerk may require a registrant that mails a
fictitious business name statement to a county clerk’s office for
filing to submit a completed and notarized affidavit of identity. A
registrant that is a corporation, limited liability company, limited
partnership, or limited liability partnership, if required by the
county clerk to submit an affidavit of identity, shall also submit
documentary evidence issued by the begin insert California end insert Secretary of State
indicating the current existence and good standing of that business
entity.

(g) A county clerk that chooses to establish procedures pursuant
to this section shall prescribe the form of affidavit of identity for
filing by a registrant in that county.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 13995.40 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

13995.40.  

(a) Upon approval of the initial referendum, the
office shall establish a nonprofit mutual benefit corporation named
the California Travel and Tourism Commission. The commission
shall be under the direction of a board of commissioners, which
shall function as the board of directors for purposes of the
Nonprofit Corporation Law.

(b) The board of commissioners shall consist of 37
commissioners comprising the following:

(1) The director, who shall serve as chairperson.

(2) (A) Twelve members, who are professionally active in the
tourism industry, and whose primary business, trade, or profession
is directly related to the tourism industry, shall be appointed by
the Governor. Each appointed commissioner shall represent only
one of the 12 tourism regions designated by the office, and the
appointed commissioners shall be selected so as to represent, to
the greatest extent possible, the diverse elements of the tourism
industry. Appointed commissioners are not limited to individuals
who are employed by or represent assessed businesses.

(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed
commissioner 90 days following the date on which he or she ceases
to meet both of the eligibility criteria specified in subparagraph
(A), unless the commissioner becomes eligible again within that
90-day period.

(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an assessed
business.

(c) The commission established pursuant to Section 15364.52
shall be inoperative so long as the commission established pursuant
to this section is in existence.

(d) Elected commissioners shall be elected by industry category
in a referendum. Regardless of the number of ballots received for
a referendum, the nominee for each commissioner slot with the
most weighted votes from assessed businesses within that industry
category shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his
or her term, the commission shall appoint a replacement from the
same industry category that the commissioner in question
represented, and that commissioner shall fill the remaining term
of the commissioner in question. The number of commissioners
elected from each industry category shall be determined by the
weighted percentage of assessments from that category.

(e) The director may remove any elected commissioner
following a hearing at which the commissioner is found guilty of
abuse of office or moral turpitude.

(f) (1) The term of each elected commissioner shall commence
July 1 of the year next following his or her election, and shall
expire on June 30 of the fourth year following his or her election.
If an elected commissioner ceases to be employed by or with an
assessed business in the category and segment which he or she
was representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he
or she ceases to be so employed, unless, within that 90-day period,
the commissioner again is employed by or with an assessed
business in the same category and segment.

(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.

(g) With the exception of the director, no commissioner shall
serve for more than two consecutive terms. For purposes of this
subdivision, the phrase “two consecutive terms” shall not include
partial terms.

(h) Except for the original commissioners, all commissioners
shall serve four-year terms. One-half of the commissioners
originally appointed or elected shall serve a two-year term, while
the remainder shall serve a four-year term. Every two years
thereafter, one-half of the commissioners shall be appointed or
elected by referendum.

(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the
commissioners, by adopted resolution, shall nominate a slate of
candidates, and shall include any additional candidates complying
with the procedure described in Section 13995.62.

(j) The commissioners shall elect a vice chairperson from the
elected commissioners.

(k) The commission may lease space from the office.

(l) The commission and the office shall be the official state
representatives of California tourism.

begin delete

(m) A California location shall be available for all commission
meetings.

end delete begin insert

(m) (1) All commission meetings shall be held in California.

end insert begin insert

(2) Commissioners may participate in meetings by means of
conference telephone and other technology.

end insert

(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement
for reasonable expenses incurred while on authorized commission
business.

(o) Assessed businesses shall vote only for commissioners
representing their industry category.

(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve
the economic interests of those tourism segments and that the
economic interests of these members are the same as those of the
public generally.

(q) Commission meetings shall be subject to the requirements
of the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1).

(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep
the minutes and records of all commission meetings.

begin insert

begin insert SEC. 40. end insert   

end insert begin insert

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

end insert