BILL NUMBER: SB 799 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Hill (Chair), Bates, Berryhill, Block,
Galgiani, Hernandez, Jackson, Mendoza, and Wieckowski)
MARCH 18, 2015
An act to amend Sections 5070.1, 5087, 6735, 7083, 8508, 8513,
8552, 8611, and 17913 of, and to repeal Section 8516.5 of, the
Business and Professions Code, and to amend Section 13995.40 of the
Government Code, relating to business and professions.
LEGISLATIVE COUNSEL'S DIGEST
SB 799, as introduced, Committee on Business, Professions and
Economic Development. Business and professions.
(1) 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.
This bill would prohibit the California Board of Accountancy 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.
(2) Existing law authorizes the California Board of Accountancy to
issue a certified public account (CPA) license to an applicant who
holds a valid and unrevoked CPA license in another state, under
specified conditions.
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.
(3) 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.
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.
(4) 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
structural pest control operators 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.
This bill would extend the notice requirements to all structural
pest control operators.
(5) 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.
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.
(6) Existing law creates the California Travel and Tourism
Commission and provides for the membership and meetings of the
commission.
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, as specified.
(7) Because this bill would expand the definition of a crime, it
would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5070.1 of the Business and Professions Code is
amended to read:
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 which that 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.
(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.
SEC. 2. Section 5087 of the Business and Professions Code is
amended to read:
5087. (a) The board may issue a certified public accountant
license to any applicant who is a holder of a valid and
unrevoked current, active, and unrestricted
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.
SEC. 3. Section 6735 of the Business and Professions Code is
amended to read:
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.
(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)
(b) Notwithstanding subdivision (a) or (b),
(a), 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.
SEC. 4. Section 7083 of the Business and Professions Code is
amended to read:
7083. All (a)
Notwithstanding any other law, 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.
Failure
(b) 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.
Failure
(c) Failure to notify the
registrar of the changes within the 90 days is grounds for
disciplinary action.
SEC. 5. Section 8508 of the Business and Professions Code is
amended to read:
8508. "Household" means any structure and its contents
which that are used for man
persons and his their
convenience.
SEC. 6. Section 8513 of the Business and Professions Code is
amended to read:
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.
(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.
(g)
(f) A violation of the provisions of this section is a
ground for disciplinary action.
SEC. 7. Section 8516.5 of the Business and Professions Code is
repealed.
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.
SEC. 8. Section 8552 of the Business and Professions Code is
amended to read:
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
company registered under registered company,
except as otherwise provided in this chapter.
SEC. 9. Section 8611 of the Business and Professions Code is
amended to read:
8611. (a) 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 in the branch or
branches of business being conducted and his or her license
shall be prominently displayed in the branch office.
If
(b) 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.
SEC. 10. Section 17913 of the Business and Professions Code is
amended to read:
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) " a 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
California 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 California 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.
SEC. 11. Section 13995.40 of the Government Code is amended to
read:
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.
(m) A California location shall be available for all commission
meetings.
(m) (1) All commission meetings shall be held in California.
(2) Commissioners may participate in meetings by means of
conference telephone and other technology, as authorized pursuant to
paragraph (6) of subdivision (a) of Section 7211 of the Corporations
Code.
(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.
SEC. 12. 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.