BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 467| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 467 Author: Hill (D) Amended: 9/3/15 Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/27/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SENATE FLOOR: 40-0, 6/1/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 76-0, 9/8/15 - See last page for vote SUBJECT: Professions and vocations SOURCE: Author DIGEST: This bill requires the Attorney Generals (AG) Office to submit specified reports and information to the Legislature annually; requires the Department of Consumer Affairs (DCA) Director, through the Division of Investigation (DOI), to implement "Complaint Prioritization Guidelines" for health care boards; extends until January 1, 2020, the provisions establishing the California Board of Accountancy (CBA) and the term of the executive officer; authorizes CBA to provide for SB 467 Page 2 certain practice restrictions on an accountant license for disciplinary reasons; extends until January 1, 2020, the provisions establishing the Contractors State License Board (CSLB) and the term of the Registrar; and repeals the financial solvency requirement for contractors and instead increases the surety bond requirement. Assembly Amendments: 1) Remove the requirement that the DCA receive approval of the Legislature to levy in advance a charge for the estimated administrative expenses of the DCA on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and agencies for the estimated administrative expenses of the DCA. 2) Extend the sunset date for the CSLB and its Registrar until January 1, 2020, and revise financial and surety bond requirements placed on contractors. 3) Clarify the reporting requirements for the AG regarding information provided to DCA, the Governor and the Legislature regarding disciplinary cases handled by their office. 4) Clarify the implementation requirements for prioritizing complaints of health care boards. 5) Exempt the Medical Board of California (MBC) from the requirements of complaint prioritization established by the DCA. ANALYSIS: Existing law: 1) Requires the Director of the DCA to submit to the Governor and the Legislature on or before January 1, 2003, and annually thereafter, a report of programmatic and statistical information, as specified, regarding the activities of the DCA and its constituent entities for the previous fiscal year. SB 467 Page 3 (BPC § 312) 2) Requires the Office of Administrative Hearings (OAH) to submit a report to the DCA, the Governor, and the Legislature on or before January 1, 2016, and on or before January 1 of each subsequent year that includes specified statistical information regarding cases referred to each office of OAH. (BPC § 312.1) 3) Specifies that it shall be the duty of the Director to receive complaints from consumers concerning various violations of the Business and Professions Code relating to businesses and licensed professions, unfair or deceptive acts or practices by any person in the conduct of any trade or commerce, and the production, distribution, sale and lease of any goods or services undertaken by any person which may endanger the public health, safety or welfare. (BPC § 325) 4) Requires the Director of DCA to transmit any valid complaint to the appropriate local, state or federal agency whose authority provides the most effective means to secure the relief and it shall be the continuing duty to the Director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. (BPC § 326) 5) Provides that in order to ensure that its resources are maximized for the protection of the public, the MBC shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously and that cases be given the highest priority, as specified. (BPC § 2220.05 (a)) 6) Provides that the CBA within the DCA is responsible for the licensure and regulation of accountants and is required to designate an executive officer and repeals these provisions on January 1, 2016. (BPC § 5000 and § 5015.6) 7) Provides that the CBA, after notice and hearing, may revoke, suspend, or refuse to renew any permit or certificate granted SB 467 Page 4 by the CBA, or may censure the holder of that permit or certificate for unprofessional conduct that includes, but is not limited to, one or any combination of criminal acts, specified false statements or omissions, dishonesty, fraud, gross negligence or repeated negligent acts in performance of professional standards, and other acts or violations, as specified. (BPC § 5100) 8) Provides for the licensure and regulation of more than 300,000 contractors under the Contractors State License Law (Contractors Law) by the CSLB within the DCA. The CSLB is under the direction of the Registrar of contractors and repeals these provisions on January 1, 2016. (BPC § 7000.5 and § 7011) 9) Requires that all applicants, and all licensees at renewal, demonstrate, as evidence of financial solvency, that his or her operating capital exceeds $2,500. (BPC § 7067.5) 10)Requires a licensed contractor to file or have on file a contractor's bond in the sum of $12,500. (BPC § 7071.6(a)) This bill: 1) Requires the AG to submit a report to the DCA, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2017, and on or before January 1 of each subsequent year that includes specific statistical information regarding cases referred to the AG by each constituent entity comprising the DCA and the DOI of the DCA. 2) Provides that in order to implement the Consumer Protection Enforcement Initiative of 2010, the Director, through the DOI, shall implement "Complaint Prioritization Guidelines" for health care boards to utilize in prioritizing their respective complaint and investigation workloads and that the guidelines shall be used to determine the referral of complaints to DOI and those that are to be retained by the boards for investigation. 3) Provides that the MBC shall not be required to utilize the SB 467 Page 5 guidelines pursuant to Item # 2, above, since they already have specific requirements for prioritizing complaints. 4) Extends until January 1, 2020, the provisions establishing the CBA and the term of the executive officer. 5) Authorizes the CBA, after notice and hearing, to permanently restrict or limit the practice of a licensee, or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services of accountancy due to unprofessional conduct, as specified. Provides that a practice restriction may include, but not be limited to, the prohibition on engaging in or performing any attestation engagement, audits or compilations. 6) Allows a licensee to petition the CBA for a penalty reduction or reinstatement of the privilege to engage in the service or act restricted or limited, as specified. 7) Provides that the authority of sanctions provided are in addition to any other civil, criminal, and administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties or sanctions. 8) Specifies that failure to comply with any restrictions or limitation imposed by the CBA is grounds for revocation of the license. 9) Extends until January 1, 2020, the provisions establishing the CSLB and the term of the Registrar. 10)Deletes the exiting requirement that contractors maintain $2,500 in capital, and increases the existing surety bond requirement from $12,500 to $15,000. Background Oversight Hearings and Sunset Review of DCA and Licensing Boards and Programs. The mission of DCA is to "protect and serve the interests of California consumers." By statute, consumer SB 467 Page 6 protection is the primary purpose for all of the regulatory programs located within DCA, which includes 26 boards, nine bureaus, two committees, one program, and one commission. Collectively, these entities regulate more than 100 types of businesses and 200 different industries and professions. In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including the DCA, CBA and CSLB. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on each, as well as the discussion stemming from an oversight hearing on the each. This bill addresses two of the issues raised during the Sunset Review process regarding the DCA, including prioritization of disciplinary cases and specific enforcement reporting requirements for the AG's Office. It also addresses issues raised and improvements recommended for the CBA and the CSLB. DCA Consumer Protection Enforcement Initiative (CPEI) and AG Reporting and Complaint Prioritization. In response to pressure from the media and the Legislature, the DCA created CPEI in 2010, which was designed to reduce the average length of time it takes health care boards to take formal disciplinary action from three years to 12 to 18 months. While significant steps have been taken, most boards have failed to meet their performance targets. Boards are not entirely in control of their disciplinary process timelines, though; boards rely on the AG and the OAH to perform critical functions within the enforcement process. While OAH is subject to performance measures starting January 1, 2016, the AG's office is not. This bill requires the AG's office to provide performance metrics annually to the DCA, the Governor, and the appropriate policy committees of the Legislature beginning in 2017. Another essential component of CPEI was enhancing the use of non-sworn investigative staff to conduct less complex investigations for the health care boards. To assist complaint SB 467 Page 7 prioritization, DCA issued "Complaint Prioritization Guidelines" in 2009. These guidelines, coupled with staff training, were designed to free up sworn staff so that they could work on complex investigations. However, not all boards are complying with these parameters. This bill requires the Director, through the DOI, to implement "Complaint Prioritization Guidelines" for health care boards to utilize in prioritizing their respective complaint and investigation workloads and that the guidelines shall be used to determine the referral of complaints to DOI and those that are to be retained by the boards for investigation. The MBC would be exempt from these guidelines since they already have very specific complaint requirements regarding complaint prioritization. Review of the CBA. CBA is a public majority board and is composed of 15 members: seven certified public accountants (CPAs) and eight public members. The CBA enforces the Accountancy Act which defines the practice of public accountancy as the process of recording classifying, reporting and interpreting the financial data of an individual or an organization. CBA's regulatory authority over CPAs, public accountants, and accounting firms is guided by CBA's statutory mandate to protect the public. This bill extends the CBA's sunset date and that of its executive officer until 2020. CBA Permanent Practice Restrictions. The CBA has the authority to revoke, suspend, or refuse to renew any permit or certificate, or censure the holder of that permit or certificate due to unprofessional conduct. Currently, practice restrictions may only be imposed beyond the probationary term when specifically agreed to by the licensee via a stipulated settlement. Some circumstances may warrant permanent practice restrictions in order to protect the public, however, if the licensee is unwilling to agree to such terms via a stipulated settlement, the only recourse for the CBA is to seek revocation of the license. SB 467 Page 8 This bill authorizes the CBA to permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, after notice and hearing, which prohibits the licensee from engaging in any acts of accountancy due to unprofessional conduct, as specified. This change would allow the CBA and administrative law judges to include permanent practice restrictions as part of a disciplinary order, which permits the licensee to retain a license and be able to practice and earn income in such areas where competency is not compromised. Review of CSLB. The CSLB, within DCA, is responsible for the implementation and enforcement of the Contractors Law, including the laws and regulations related to the licensure, practice, and discipline of the construction industry in California. All businesses and individuals who construct or alter, or offer to construct or alter, any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the CSLB if the total cost (labor and materials) of one or more contracts on the project is $500 or more. The CSLB licenses approximately 290,000 contractors in 44 license classifications and two certifications, and also registers an additional 9,600 home improvement salespersons who are engaged in the sale of home improvement goods and services. The CSLB issues approximately 15,000 new licenses each year, and renews more than 121,000 existing licenses. Existing law provides for a sunset of the CSLB and the Registrar on January 1, 2016, which provides for continued legislative oversight, of the board's regulatory activities. This bill extends the CSLB sunset date and that of its Registrar until 2020. Financial and Surety Bond Requirements of Contractors. Current law requires that all CSLB applicants and all licensees at the time of renewal demonstrate, as evidence of financial solvency, that his or her operating capital exceeds $2,500. The CSLB has indicated that this requirement is outdated and the information is basically unverifiable and recommended that it be eliminated. The CSLB recommended instead that the surety bond requirement be increased from the current $12,500 to $15,000, which this bill does. SB 467 Page 9 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee: 1)CBA: Projected expenditures of approximately $14.1 million annually (Accountancy Fund), supporting 98.8 PY, to extend the sunset date until January 1, 2020, partially offset by annual fee revenues of approximately $5.4 million in 2015-16, based on the proposed 2015-16 Budget. Annual fee revenues will increase to approximately $11 million annually beginning July 1, 2016. Minor and absorbable costs to DCA to extend the sunset and provide authority for the CBA to place practice restrictions on licensees for disciplinary reasons. 2)The California Department of Justice reports that it would incur significant workload impacts and increased costs of approximately $1.45 million in 2015-16 ($537,000 GF and $911,000 Legal Services Revolving Fund - LSRF), and ongoing costs of $1.8 million ($268,000 GF and $1.534 million LSRF) for the AG to compile data and develop, design, and prepare the required report. AG costs from the LSRF would be reimbursed from the funds of the boards and bureaus that refer cases to the AG. 3)CSLB: Projected expenditures of approximately $63 million annually (primarily Contractors License Fund), supporting 405.6 PY, to extend the sunset date until January 1, 2020, partially offset by annual fee revenues of approximately $55-56 million, based on the proposed 2015-16 Budget. Minor and absorbable costs to DCA to extend the sunset on the CSLB, and revise the financial security requirements for contractors. SUPPORT: (Verified 9/8/15) California Board of Accountancy California Landscape Contractors Association California Society of CPAs SB 467 Page 10 HCC Surety Group OPPOSITION: (Verified 9/8/15) None received ARGUMENTS IN SUPPORT: Supporters indicate that CBA plays an important role in protecting consumers by ensuring only qualified licensees practice public accountancy in accordance with established professional standards and that it is vital for the CBA to continue regulating the practice of public accountancy, which includes both licensing and enforcement functions of more than 97,000 licensees. ASSEMBLY FLOOR: 76-0, 9/8/15 AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Travis Allen, Chávez, Grove, Ridley-Thomas Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104 9/8/15 22:02:45 **** END **** SB 467 Page 11