BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 799| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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): SB 799 Page 2 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)) SB 799 Page 3 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): SB 799 Page 4 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) SB 799 Page 5 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: SB 799 Page 6 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". SB 799 Page 7 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. SB 799 Page 8 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." SB 799 Page 9 Prepared by: Mark Mendoza / B., P. & E.D. / (916) 651-1868 5/13/15 16:37:47 **** END ****