BILL ANALYSIS Ó SB 799 Page 1 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, | | SB 799 Page 2 | | |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 SB 799 Page 3 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. SB 799 Page 4 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 SB 799 Page 5 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 SB 799 Page 6 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 SB 799 Page 7 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 SB 799 Page 8 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. SB 799 Page 9 Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0001348