BILL NUMBER: SB 136 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Figueroa
JANUARY 29, 2001
An act to amend Sections 6710, 6714, 7200, 7215.6, 7800, 8710, and
22259 of the Business and Professions Code, relating to professional
boards.
LEGISLATIVE COUNSEL'S DIGEST
SB 136, as introduced, Figueroa. Professional boards.
Existing law provides for the establishment of various
professional boards within the Department of Consumer Affairs,
including, until July 1, 2002, the Board for Professional Engineers
and Land Surveyors.
This bill would extend the operation of the Board for Professional
Engineers and Land Surveyors until July 1, 2004. The bill would
make changes in the dates of operation for various other boards
within the department. Because the bill would impose crimes and
penalties for an extended period of time, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6710 of the Business and Professions Code is
amended to read:
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2002
2004 , and, as of January 1, 2003
2005 , is repealed, unless a later enacted
statute, that becomes effective on or before January 1, 2003
2005 , deletes or extends the dates on which it
becomes inoperative and is repealed. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473). However, the review of the board
shall be limited to only those unresolved issues identified by the
Joint Legislative Sunset Review Committee.
SEC. 2. Section 6714 of the Business and Professions Code is
amended to read:
6714. The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
This section shall become inoperative on July 1, 2002
2004 , and, as of January 1, 2003
2005 , is repealed, unless a later enacted
statute, that becomes effective on or before January 1, 2003
2005 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 3. Section 7200 of the Business and Professions Code is
amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by
the Governor. One member shall be the Director of Rehabilitation or
his or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall become inoperative on July 1, 2002
____ , and, as of January 1, 2003
____ , is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
2003 ____ , deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 4. Section 7215.6 of the Business and Professions Code is
amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes which may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards.
The board and its representative are not parties to any dispute
described in this section.
(c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by
the arbitration panel and subject to its procedures, each party to
the dispute shall waive any right for subsequent judicial review.
(e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The
license of a guide dog school shall not be renewed until all
penalties have been paid.
The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take
custody of the dog at once. However, if the dog is removed from the
user's custody without the user's concurrence, the school shall
provide to the board the evidence that caused this action to be taken
at once and without fail; and within five calendar days a special
committee of two members of the board shall make a determination
regarding custody of the dog pending hearing by the arbitration
panel.
(g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
(h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
(i) This section shall cease to be operative on July 1,
2002 ____ , and as of January 1, 2003
____ , is repealed, unless a later enacted
statute, which is enacted before January 1, 2003
____ , deletes or extends that date.
SEC. 5. Section 7800 of the Business and Professions Code is
amended to read:
7800. This chapter of the Business and Professions Code
constitutes the chapter on geologists and geophysicists. It
shall be known and may be cited as the
California Geologist and Geophysicist Licensing Act.
SEC. 6. Section 8710 of the Business and Professions Code is
amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued
by the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
(c) This section shall become inoperative on July 1, 2003
2004 , and, as of January 1, 2004
2005 , is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
2004 2005 , deletes or extends the dates on
which it becomes inoperative and is repealed. The repeal of this
section shall render the board subject to the review required by
Division 1.2 (commencing with Section 473). However, the review of
this board shall be limited to only those unresolved issues
identified by the Joint Legislative Sunset Review Committee.
SEC. 7. Section 22259 of the Business and Professions Code is
amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall become inoperative on July 1, 2002
____ , and, as of January 1, 2003
____ , is repealed, unless a later enacted
statute, which becomes effective on or before January 1,
2003 ____ , deletes or extends that date on
which it becomes inoperative and is repealed.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.