BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 799


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          SENATE THIRD READING


          SB  
          799 (Committee on Business, Professions and Economic  
          Development)


          As Amended  June 25, 2015


          Majority vote


          SENATE VOTE:  36-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Business &      |14-0 |Bonilla, Jones,       |                    |
          |Professions     |     |Baker, Bloom, Campos, |                    |
          |                |     |Chang, Dodd, Eggman,  |                    |
          |                |     |Gatto, Holden,        |                    |
          |                |     |Mullin, Ting, Wilk,   |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |16-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |








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          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Makes numerous substantive, technical, and minor  
          non-controversial changes to various provisions of the  
          non-healing arts boards regulated by the Department of Consumer  
          Affairs (DCA).  Specifically, this bill:


          1)Makes the following substantive changes relating to the  
            California Board of Accountancy (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.


          2)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.
          3)Clarifies that contractor licensees are required to notify the  
            registrar 90 days after any change in information.


          4)Allows California Travel and Tourism Commission members to  
            participate in meetings through teleconference and other  
            technology. 


          5)Deletes the requirement for architects to prepare civil  
            engineering plans, calculations, specifications, and reports  
            for the construction of structures.


          6)Makes the following substantive changes relating to  the  








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            Structural Pest Control Board:


             a)   Deletes language that limits the effect of the statute  
               to Branch 1 and Branch 3 registered companies.
             b)   Adds language that allows a person to represent that  
               pest control work has been completed by an unlicensed  
               company or individual in cases where the Business and  
               Professions Code specifies that the unlicensed company may  
               complete the work.


             c)   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.


          7)Makes numerous technical, non-substantive, and clarifying  
            changes. 
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the state costs associated with this bill are minor  
          and absorbable by the affected programs.


          COMMENTS:  


          Purpose.  This bill is the annual Omnibus Committee bill  
          authored by the Business, Professions and Economic Development  
          Committee which consolidates a number of non-controversial  
          provisions related to various regulatory programs and  
          professions governed by the [BPC] within the DCA.  Consolidating  
          the provisions in one bill is designed to relieve the various  
          licensing boards, bureaus and professions from the necessity and  
          burden of having separate measures for a number of  
          non-controversial revisions.










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          Many of the provisions in this bill are minor and technical  
          changes which update outdated references or titles in existing  
          law.  Other provisions may be substantive consensus changes  
          which aim to improve the efficacy of the various entities in  
          administering and enforcing the provisions of their respective  
          licensing laws.  This bill is intended to be non-controversial  
          and any opposition or concerns with the consensus provisions  
          will be removed.    


          Background.  This bill makes many technical, code clean-up  
          changes.  It also makes several clarifying changes as described  
          below.


          Board of Accountancy.  In 2011, the CBA sponsored AB 431 (Ma),  
          Chapter 395, Statutes of 2011, which contained language  
          authorizing the CBA, at its discretion, to create a retired  
          status for certified public accountant (CPA) and public  
          accountant licenses.  However, the language is ambiguous.   
          Therefore, to remove any possible ambiguities, this bill adds  
          language clarifying that an individual who has a canceled  
          license placed in retired status is not authorized to then have  
          the license restored to an active or inactive status, which  
          circumvents Business and Professions Code (BPC) Section 5070.7.


          Additionally, since 1945, the CBA has maintained a statute that  
          focuses on the topic of reciprocity.  Over the years the statute  
          has been modified, with the last substantive change occurring in  
          2001 (SB 133 (Figueroa), Chapter 718, Statues of 2001) when the  
          Legislature took steps to remove a requirement that an applicant  
          for licensure be over the age of 18.


          Now, BPC Section 5087 provides the CBA with the authority to  
          issue a CPA license to applicants who hold a valid and unrevoked  
          license under the laws of any state, if the CBA determines that  
          the standards under which the applicant received the license are  








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          substantially equivalent to the standards of education,  
          examination, and experience in California.


          This bill recasts and strengthens the phrase "valid and  
          unrevoked" to "current, active, and unrestricted".  This change  
          will assist the CBA in its mission to protect consumers through  
          its licensing program.


          Cemetery and Funeral Bureau.  To ensure fairness and accuracy in  
          shopping for what is often an expensive service during a time of  
          great emotional difficulty, the general price list (GPL)  
          required by the Federal Trade Commission (FTC) Funeral Rule  
          since 1984 requires a detailed, written price list be given to  
          anyone who asks for the list in person.  Likewise, prices must  
          be quoted over the phone.  In general, California law parallels  
          the FTC requirement in BPC Section 7658.


          SB 658 (Negrete-McLeod), Chapter 386, Statutes of 2011, enhanced  
          California's disclosure requirements by specifically requiring,  
          beginning January 1, 2013, that all funeral establishments which  
          maintain a website, post their list of funeral goods and  
          services.  As drafted, this requirement does not require any  
          specific identification to the Web site link where this  
          information is posted.  However, 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 Section 7685 (b)  
          (3))


          The Center for Public Interest Law's experience and the  
          experience of the Funeral Consumers Alliance (affirmed by 2013  
          report by the Orange County Register) revealed that the ability  
          of consumers to obtain consistent and reliable funeral  
          establishment product and pricing information over the Internet  
          is oddly difficult.  In the absence of such information over the  








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          Internet, consumers cannot ask about products or services over  
          the phone and get comparison quotes because they may not in the  
          first place know what products or services funeral  
          establishments offer generally, or which services are offered by  
          a particular facility.  


          This, in turn, leads to a lengthy process whereby anguished  
          consumers trying to price such products or services must stagger  
          through a difficult process of trying to comparison shop over  
          the phone without first knowing what options are actually  
          available for comparison.  Therefore, this bill would require  
          that a funeral establishment must use the words "goods,"  
          "merchandise," "products," or "services" on its home page to  
          identify a link to the list of goods and services to enable  
          consumers to find this important information.


          County Clerks and Election Officials.  Current law is unclear  
          for out-of-state registrants for a fictitious business name as  
          to whether the required documentation by the county clerk needs  
          to be from the California Secretary of State (SOS) or any SOS.   
          Therefore, this bill clarifies that the applicant for a  
          fictitious business name in the State of California provides  
          required documentation from the California SOS, if requested by  
          the county clerk.


          Contractors State License Board.  BPC Sections 136 and 7083  
          conflict as to the required timeframe for a licensee to report  
          an address change.  BPC Section 136 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 board has specified by regulations a shorter time  
          period.  This is the usual timeline for all DCA licensees.


          However, BPC Section 7083 provides that all licensees shall  
          notify the registrar, on a form prescribed by the registrar, in  








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          writing within 90 days of any change to information recorded  
          under Chapter 9, Division 3 of the BPC.  This bill addresses a  
          conflict in the timeframe for reporting information to the board  
          and underscores that contractor licensees are required to notify  
          the registrar 90 days after any change in information.


          Governor's Office of Business and Economic Development.  This  
          bill makes a technical change to the Government Code that allows  
          members to participate in the California Travel and Tourism  
          Commission via teleconference and other technology.  This bill  
          continues to ensure that the teleconference is still subject to  
          the requirements of the Bagley-Keene Open Meeting Act and all  
          other requirements that allow for accessibility.


          Board of Guide Dogs for the Blind.  Referring to persons who are  
          blind or visually impaired as "blind person" is considered  
          offensive to many members of the community.  The accepted  
          terminology is to identify the individual as a person who has a  
          specific medical condition.  This is called "person first  
          terminology".


          This bill will change the language to reflect the accepted  
          terminology to identify a person who is blind.  With this  
          wording, the person is not defined by their condition.   
          Additionally, members of the public and the board have noted the  
          outdated language referring to the use of the masculine gender  
          in the code.  This bill would remove specific gender from the  
          code.  


          Moreover, there are outdated dates located throughout this  
          chapter.  This bill would delete those dates.


          Board for Professional Engineers, Land Surveyors and Geologists.  
           Currently, BPC Section 6735 allows architects to sign off on  








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          civil engineering plans, calculations, specifications, and  
          reports for the construction of reports.  Since the level of  
          education and expertise are dramatically different between the  
          two groups, this bill reverts the code section back to its 2014  
          format where only civil engineers may sign off on civil  
          engineering plans, calculations, specifications, and reports for  
          the construction of reports.


          Structural Pest Control Board.  For BPC Section 8508, this bill  
          replaces the word "man" with the word "persons" and replacing  
          the word "his" with the word "their".  For BPC Section 8513,  
          this bill deletes the language that limits the effect of the  
          statute to Branch 1 and Branch 3 registered companies in order  
          to correct statutory inconsistencies. Branch 2 registered  
          companies routinely contract directly with consumers therefore,  
          Branch 2 registered companies are subject to the provisions of  
          BPC Section 8513 and the mechanic's lien laws.


          This bill also deletes repetitive language, BPC Section 8516.5,  
          as its provisions have been incorporated into BPC Section 8516.   
          For BPC Section 8552, this bill 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.  Currently, BPC Section 8552 makes no such allowance even  
          though there are instances where repair work may be performed by  
          unlicensed companies or individuals.




          For BPC Section 8611, this bill 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.










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          Analysis Prepared by:                                             
                          Vincent Chee / B. & P. / (916) 319-3301  FN:  
          0001348