BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 799|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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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