BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 284  


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          Date of Hearing:  July 8, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 284  
          (Cannella) - As Amended May 5, 2015


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          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.









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          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  








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            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,  








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               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













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