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
SB 1479
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REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301