BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 799|
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CONSENT
Bill No: SB 799
Author: Committee on Business, Professions and Economic
Development
Amended: 4/20/15
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: Senate Rule 28.8
SUBJECT: Business and professions
SOURCE: Author
DIGEST: This bill makes several non-controversial, minor,
nonsubstantive or technical changes to various provisions within
the Business and Professions Code (BPC) relating to the
non-health regulatory boards of the Department of Consumer
Affairs (DCA).
ANALYSIS:
Existing law:
1) Contains the following provisions relating to the California
Board of Accountancy (CBA):
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a) Allows an individual with a canceled license to apply to
have that license placed in a retired status. (BPC §
5070.1(d)(1))
b) Allows for the restoration of a license in a retired
status to an active status.
(BPC § 5070.1(g))
c) Allows CBA to issue a certified public accountant (CPA)
license to any applicant who is a holder of a valid and
unrevoked CPA license issued under the laws of any state.
(BPC § 5087)
1) Contains the following provisions relating to the Cemetery
and Funeral Bureau:
a) Provides that each licensed funeral establishment that
maintains an Internet Web site, 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 (GPL), pursuant to federal rule, and a statement
that the GPL is available upon request. (BPC § 7685(b)(1))
b) Provides that if a funeral establishment elects to post
a link to its GPL, it must identify the link on its home
page with the words "price information" or a similar phrase
that includes the word price. (BPC § 7685(b)(3))
1) Contains the following provisions relating to the County
Clerks and Election Officials:
a) Requires that out of state registrants applying for a
fictitious business name in the State of California provide
documentation by the Secretary of State and, if requested,
by the county clerk. (BPC § 17913(2)(e)(f))
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1) Contains the following provisions relating to the Contractors
State License Board (CSLB):
a) Requires a licensee to notify the issuing board at its
principal office of any change in his or her mailing
address within 30 days after the change, unless the CSLB
has specified by regulations a shorter time period. (BPC §
136)
b) Provides that all licensees shall notify the registrar,
on a form prescribed by the registrar, in writing within 90
days, of any change to information recorded under Chapter
9, Division 3 of the BPC. (BPC § 7083)
1) Contains the following provisions relating to the Governor's
Office of Business and Economic Development (GO-Biz):
a) Requires that all meetings be located in California.
(Government Code § 13995.40(m))
1) Contains the following provisions relating to the State Board
of Guide Dogs for the Blind:
a) Provides that there is in the DCA a State Board of Guide
Dogs for the Blind and details that Board's authority to
issue and regulate licenses for the instruction of a blind
person in the use of guide dogs. (BPC §§ 7200-7217)
1) Contains the following provisions relating to the Board for
Professional Engineers, Land Surveyors and Geologists
(BPELSG):
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a) Authorizes architects to prepare civil engineering
plans, calculations, specifications, and reports for the
construction of structures. (BPC § 6735)
1) Contains the following provisions relating to the Structural
Pest Control Board (SPCB):
a) Defines "household" as any structure and its contents
which are used for man and his convenience. (BPC § 8508)
b) Limits the effect of the section to Branch 1 and Branch
3 registered companies. (BPC § 8513)
c) Requires 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 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. (BPC § 8516.5)
d) Provides that 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 registered company. (BPC
§ 8552)
e) Requires that each branch office have a branch
supervisor designated by the registered company to
supervise and assist the company's employees who are
located at that branch. Requires the branch supervisor to
be an individual who is licensed by the SPCB as an operator
or a field representative and his or her license be
prominently displayed in the branch office. (BPC § 8611)
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This bill:
1) Makes the following changes relating to the CBA:
a) Clarifies that a canceled license placed into retired
status may not be renewed, restored, or reinstated.
b) Requires that such license holders reapply for licensure
if they wish to renew restore, or reinstate their license.
c) Recasts the requirements for an out-of-state license
from "valid and unrevoked" to "current, active, and
unrestricted."
1) Makes the following changes relating to the Cemetery and
Funeral Bureau:
a) Adds that a funeral establishment must use the words
"good," "merchandize," "products," or "services" on its
home page to identify a link to the list of goods and
services.
1) Makes the following changes relating to the County Clerks and
Election Officials:
a) Adds "California" prior to the two references of
"Secretary of State".
1) Makes the following changes relating to the CSLB:
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a) Clarifies that contractor licensees are required to
notify the registrar 90 days after any change in
information.
1) Makes the following changes relating to GO-Biz:
a) Allows members to participate in the California Travel
and Tourism Commission via teleconference and other
technology.
1) Makes the following changes relating to the State Board of
Guide Dogs for the Blind:
a) Removes effective dates that have passed.
b) Removes specific gender from the BPC.
c) Revises and updates the BPC to use the correct person
first terminology when referring to persons who are blind
or visually impaired.
1) Makes the following changes relating to the BPELSG:
a) Deletes the authorization for architects to prepare
civil engineering plans, calculations, specifications, and
reports for the construction of structures.
1) Makes the following changes relating to the SPCB:
a) Replaces the word "man" with the word "persons" and
replacing the word "his" with the word "their".
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b) Deletes language that limits the effect of the statute
to Branch 1 and Branch 3 registered companies.
c) Deletes repetitive provisions.
d) Adds language that allows a registered company to
represent work that has been completed by an unlicensed
company or individual only in cases where the Act
explicitly provides for an unlicensed company to complete
such work.
e) Adds language in order to clarify that branch office
supervisors must be field representatives or operators who
are licensed in the branch or branches of pest control that
is being conducted at that office.
Background
This bill is one of two "committee bills" authored by the Senate
Business, Professions and Economic Development Committee and is
intended to consolidate a number of non-controversial provisions
related to various regulatory programs and professions governed
by the BPC. Consolidating the provisions in one bill is
designed to relieve the various licensing boards, bureaus,
professions and other regulatory agencies from the necessity and
burden of having separate measures for a number of
non-controversial revisions.
Many of the provisions of this bill are minor, technical and
updating changes, while other provisions are substantive changes
intended to improve the ability of various licensing programs
and other entities to efficiently and effectively administer
their respective laws.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified 5/13/15)
Board of Accountancy
Board of Professional Engineers, Land Surveyors and Geologists
Center for Public Interest Law
OPPOSITION: (Verified 5/13/15)
None received
ARGUMENTS IN SUPPORT: The California Board of Accountancy
writes, "SB 799 would clarify the restoration requirements of a
license placed in retired status and would also recast and
strengthen the requirements for an out-of-state licensee
applicant by changing the requirement from holds a 'valid and
unrevoked' license to mean 'current, active, and unrestricted'
license."
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Prepared by: Mark Mendoza / B., P. & E.D. / (916) 651-1868
5/13/15 16:37:47
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