BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1479


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          Date of Hearing:  June 14, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


               SB 1479(Committee on Business, Professions and Economic  
                     Development) - As Introduced March 10, 2016


          SENATE VOTE:  38-0


          SUBJECT:  Business and professions


          SUMMARY:  Makes several non-controversial, minor,  
          non-substantive or technical changes to various provisions  
          within the Business and Professions Code (BPC) relating to the  
          non-healing arts regulatory entities under the Department of  
          Consumer Affairs (DCA) and one non-substantive change to the  
          California Tourism Marketing Act.




          EXISTING LAW:

          1)Provides for the licensing and regulation of various  
            non-healing arts professions and businesses various licensing  
            boards and other entities under the DCA.  (BPC §§  
            5000-9998.11)
          2)Requires an applicant for licensure as a certified public  
            accountant to complete 10 semester units or 15 quarter units  
            of ethics study to the satisfaction of the California Board of  
            Accountancy (CBA) and specifies the course titles.  (BPC §  








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            5094.3)


          3)Authorizes the California Architects Board (CAB) to grant a  
            candidate for licensing examination eligibility, based on an  
            eligibility point determined by the Additional Path to  
            Architectural Licensing Program, if the candidate is enrolled  
            in an Additional Path to Architectural Licensing Program that  
            integrates the experience and examination components offered  
            by a National Architectural Accrediting Board-accredited  
            degree program.  (BPC § 5550.2)


          4)Makes an application submitted to the Contractors' State  
            License Board (CSLB) for an original contractor's license, for  
            an additional classification, or for a change of qualifier  
            void under eight circumstances, including when:  (BPC §  
            7074(a))


             a)   The applicant or examinee for the applicant has failed  
               to appear for the scheduled qualifying examination and  
               fails to request and pay the fee for rescheduling within 90  
               days of notification of failure to appear, or, after being  
               rescheduled, has failed to appear for a second examination;  
               and
             b)   The applicant or the examinee for the applicant has  
               failed to achieve a passing grade in the scheduled  
               qualifying examination, and fails to request and pay the  
               fee for rescheduling within 90 days of notification of  
               failure to pass the examination.


          5)Authorizes the Board for Professional Engineers, Land  
            Surveyors, and Geologists (BPELSG) to administer the geologist  
            licensing examination.  (BPC § 7844)
          6)Specifies the fees and procedures for licensing geologists and  
            geophysicists.  (BPC § 7887)









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          7)Establishes the California Travel and Tourism Commission  
            within the Governor's Office of Business and Economic  
            Development to administer and enforce the California Tourism  
            Marketing Act. (Government Code (GOV) § 13995-13995.118) 




          THIS BILL:

          1)Amends the requirement that an applicant for a license as a  
            certified public accountant take ethics study courses with  
            specified terms in the course title to instead allow the  
            applicant to take courses with the specified terms as the  
            course subject.  Provides that the amendment shall not be  
            deemed to reduce or eliminate the existing educational  
            requirements.
          2)Authorizes the CAB to grant a candidate early eligibility to  
            sit for the licensing exam if the candidate is enrolled in a  
            program accepted by the National Council of Architectural  
            Registration Boards.


          3)Eliminates the two conditions in existing law that void an  
            application submitted to the CSLB relating to failure to pass,  
            or failure to appear for, the qualifying examination and  
            rescheduling.


          4)Authorizes the BPELSG to make arrangements with a public or  
            private organization to conduct the geology examination and to  
            contract with a public or private organization for materials  
            or services related to the examination.


          5)Authorizes the BPELSG to authorize a contracted organization  
            to receive related fees directly from applicants.









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          6)Deletes an obsolete reference to "secretary" in the intent  
            language of the California Tourism Marketing Act and replaces  
            it with "director".


          FISCAL EFFECT:   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, this bill will result  
          in negligible state costs.




          COMMENTS:

          Purpose.  This bill is sponsored by the author.  According to  
          the author, "This bill is one of two 'committee bills' authored  
          by the [Senate Committee on Business, Professions and Economic  
          Development] 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.  However, as a Committee bill, if  
          controversy or opposition should arise regarding any provision  
          that cannot be resolved, then that provision will be removed  
          from the bill.  This will eliminate the chance of placing any of  
          the other provisions in jeopardy."


          Background.  This bill is the Senate Committee's annual  








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          non-health omnibus bill and makes changes to five boards under  
          the DCA and to the California Tourism Marketing Act. 


          Board of Accountancy.  Existing law requires an applicant for a  
          license as a certified public accountant take a specified number  
          of ethics study courses and specifies the terms that must appear  
          in the course title, for example "Business law," "Professional  
          responsibilities," and "Fraud."  However, course titles may not  
          always be reflective of the subject of the course. Therefore,  
          this bill would change the requirement to allow an applicant to  
          be able to take a course with any title relating to Business law  
          rather than limiting the applicant to a class titled "Business  
          Law."  The CBA suggested the amendment in this bill "to provide  
          a level of flexibility by changing the current course title  
          requirement to a subject requirement."  


          California Architects Board.  Existing law authorizes the CAB to  
          allow student architects to sit for the exam early under certain  
          circumstances.  However, the current language references the  
          obsolete "Additional Path to Architectural Licensing."  The  
          nomenclature for the programs has changed and the amendment is  
          intended to reflect the new terminology.


          Contractors' State License Board.  Existing law specifies  
          several conditions that void an application.  This bill deletes  
          the conditions relating to exam scheduling because  
          computer-based testing makes it unnecessary.  This change will  
          benefit applicants whose applications would otherwise become  
          void without negatively impacting CSLB operations.


          Board for Professional Engineers, Land Surveyors, and  
          Geologists.  Existing law authorizes the BPELSG to establish the  
          timing, location, methods, and procedures of the geologist  
          licensing exam.  However, for professional engineers and land  
          surveyors, the BPELSG has authorization to make arrangements  








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          with other organizations to conduct the examination and to  
          contract for materials or services related to the examination.   
          This bill makes that section of the practice acts between the  
          three professions consistent.  This change is one of many  
          changes suggested by the BPELSG. The remaining changes suggested  
          by the BPELSG are contained in SB 1165 (Canella) of the current  
          Legislative Session.


          Current Related Legislation.  SB 1478 (Hill) of the Current  
          Legislative session makes several non-controversial, minor,  
          non-substantive or technical changes to various provisions  
          within the BPC relating to the healing arts regulatory entities  
          under the DCA.  STATUS: This bill will also be heard before the  
          Assembly Committee on Business and Professions during today's  
          hearing.


          SB 1165 (Canella) of the current legislative session makes  
          multiple changes to increase consistency between the practice  
          acts administered by the BPELSG.  STATUS: This bill will also be  
          heard before the Assembly Committee on Business and Professions  
          during today's hearing.


          Prior Related Legislation.  AB 181 (Bonilla), Chapter 430,  
          Statutes of 2015, was a sunset bill for the Board of Barbering  
          and Cosmetology but was amended to add the provisions of the  
          2015 non-healing arts omnibus bill. 




          REGISTERED SUPPORT:  

          California Board of Accountancy











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          REGISTERED OPPOSITION:  

          None on file.


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