BILL ANALYSIS Ó SB 284 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 284 (Cannella) - As Amended May 5, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill would extend the authorization for licensed engineers and land surveyors to operate as limited liability partnerships (LLPs) from January 1, 2016, to January 1, 2019. SB 284 Page 2 FISCAL EFFECT: Unknown, but likely minor costs to the Board for Professional Engineers, Land Surveyors, and Geologists (Professional Engineer's and Land Surveyor's Fund) to license and regulate engineer and land surveyor LLPs beyond the January 1, 2016 sunset date. This fund is self-supporting with fee revenue. COMMENTS: 1)Purpose. According to the author, "Next January, without SB 284, engineers and land surveyors up and down the state will no longer have the flexibility they need to form [a LLP], should they desire to do so?. 3.4 million California small businesses account for 99 percent of the state's employers and employ 52 percent of the workforce. Small businesses are the backbone to any economy. Small business owners know their business best and should have every tool available to them to be successful in California. Engineers and land surveyors are a foundation for businesses growth in California and continuing to extend the same flexibility to form limited liability partnerships as architects allows them to contribute to business and job growth throughout the state." This bill would extend the sunset for engineer and land surveyor LLPs, and the requisite liability insurance provisions, by an additional three years, to January 1, 2019. 2)Background. Existing law authorizes licensed engineers and SB 284 Page 3 land surveyors to organize and operate as LLPs, subject to certain insurance liability coverage and other requirements, until January 1, 2016. This authority also exists for architects, accountants, and attorneys. All of these professional entities must meet certain requirements, including minimum security or liability coverage for claims arising out of the partnership's professional practice. Engineering and land surveyor LLPs must maintain minimum liability insurance coverage of $2 million for companies with five or fewer licensees, with an additional $100,000 required for each additional licensee, up to a maximum of $5 million in liability coverage. As an option to insurance coverage, the LLP can instead maintain that same level of security in the form of escrow, cash, US Treasury obligations, bank letters of credit, among other instruments. Since there is a lack of sufficient data to ensure that insurance requirements are appropriate, the policy committees only authorized a three-year sunset extension to allow for a future review. There are more than 82,000 professional engineers and land surveyors licensed to practice in California. It is unknown how many of those operate as LLPs. 3)Current Legislation. SB 177 (Wieckowski), also on today's agenda, extends the authorization of the Bureau of Security and Investigative Services to issue an alarm company operator license to a limited liability company until January 1, 2019. 4)Prior Legislation. a) SB 1008 (Padilla), Chapter 634, Statutes of 2010, SB 284 Page 4 authorized, until January 1, 2016, licensed engineers and land surveyors to organize and operate as LLPs and requires engineers and land surveyors organizing as LLPs to carry insurance liability coverage. b) AB 180 (Jerome Horton) of 2005, would have authorized the organization of engineers and land surveyors as LLPs, and contained a sunset date. This bill was ultimately amended to deal with a different topic. c) AB 1265 (Benoit) of 2003, would have permitted professional engineers and land surveyors to organize as a LLP and would have required that, depending on the number of partners, the LLP have between $500,000 and $5 million in insurance. This bill was held in the Senate Judiciary Committee. d) SB 469 (Beverly and Killea, Ch. 1200, Stats. 1994) enacted the Beverly-Killea Limited Liability Company (LLC) Act, under which a foreign or domestic limited liability company is prohibited from rendering professional services in this state unless expressly authorized under applicable provisions of law. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 SB 284 Page 5