BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 136|
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THIRD READING
Bill No: SB 136
Author: Figueroa (D), et al
Amended: 4/30/01
Vote: 21
SENATE BUSINESS & PROFESSIONS COMMITTEE : 5-0, 4/30/01
AYES: Figueroa, Johannessen, Machado, Murray, Polanco
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/21/01
AYES: Alpert, Battin, Burton, Escutia, Johannessen,
McPherson, Perata, Poochigian
SUBJECT : Professional boards
SOURCE : Author
DIGEST : This bill extends the sunset dates for the Board
of Guide Dogs for the Blind, California Tax Education
Council, California Council for Interior Design
Certification, revises and updates the Geologist Act,
increases licensing fees for engineers and land surveyors,
and makes other changes to the board pursuant to
recommendations of the Joint Legislative Sunset Review
Committee (JLSRC) and the Department of Consumer Affairs
(DCA).
ANALYSIS : Existing law:
1.Creates, by statute, (SB 2036 (McCorquodale),
Chapter 908, Statutes of 1994) the Joint Legislative
Sunset Review Committee (JLSRC) and subjects the
CONTINUED
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various licensing boards of the Department of
Consumer Affairs (DCA) to sunset review by the
JLSRC, and provides for the elimination of all the
DCA boards on a specified schedule. The law
provides that when any board becomes inoperative and
is repealed (sunsetted), the DCA shall succeed to
and be vested with all duties and responsibilities
of the board. It is the intent of the Legislature
that all existing and proposed consumer-related
boards or categories of licensed professionals be
subject to a review on a four-year cycle, unless
circumstances warrant a longer or shorter interval
with respect to a given board.
2.Provides for licensing and regulation of guide dog
instructors, guide dog schools, and fundraisers by
the Board of Guide Dogs for the Blind (BGDB). Those
provisions will sunset on July 1, 2002, and be
repealed on January 1, 2003.
3.Provides for registration of tax preparers by the
California Tax Education Council (CTEC) and provides
for sunset of the provisions establishing the CTEC
on July 1, 2002, and repeal of those provisions on
January 1, 2003.
4.Provides for the certification of interior designers
by the California Council for Interior Design
Certification and provides for sunset of the
provisions establishing CCIDC on January 1, 2002.
5.Establishes the Board for Professional Engineers and
Land Surveyors (BPELS) and provides for the
licensing and regulation of engineers and land
surveyors by BPELS. The provisions establishing
BPELS will sunset on July 1, 2002, and be repealed
on January 1, 2003.
6.Establishes the Board of Registered Geologists and
Geophysicists for the purposes of examining,
registering, and regulating geologists and
geophysicists pursuant to its practice act.
This bill:
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1. Extends the inoperative and repeal dates for the
Board of Guide Dogs for the Blind for four years,
to July 1, 2008, and January 1, 2009, respectively.
Also, extends the arbitration pilot project July
1, 2008, and January 1, 2009.
2. Extends the CTEC for six years to July 1, 2008 and
January 1, 2009.
3. Provides for at least two CTEC tax preparers to be
on the CTEC.
4. Extends the California Council for Interior Design
Certification (CCIDC) for two years to January 1,
2004.
5. Requires the CCIDC to:
A. Report back to the Joint Legislative Sunset Review
Committee by September 1, 2002, on the following:
outreach efforts; examinations; finances; interactions
with California Legislative Council on Interior
Design; and materials and information.
B. Have an independent audit of their revenues and
expenditures and provide the audit results to the
JLSRC within a reasonable time.
1. Clarifies the definition of an "interior design
organization" and requires that the nonprofit
organization be a 501(c)(3).
2. Provides title act protection for interior designers by
making it an unfair trade practice for someone to
represent themselves as a "certified interior designer."
3. Requires that every five to seven years the examinations
recognized and required by CCIDC be subject to an
occupational analysis.
4. Extends the inoperative and repeal dates for the Board
for Professional Land Surveyors to July 1, 2004, and
January 1, 2005, respectively.
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5. Increases to $400 every two years for each application
for professional engineer registration and land surveyor
licensure (from $175 every four years). Additionally,
increases the application fee for an
engineer-in-training and a land surveyor-in-training
from $60 to $100.
6. Changes the date the Engineers Board shall use the
national examination on or before April 1, 2003 to June
1, 2003.
7. Revises the Geologist and Geophysicist Act as follows:
A. Changes license titles from "Registered Geologist"
and "Registered Geophysicist" to "Professional
Geologist" and "Professional Geophysicist."
B. Clarifies definitions of the "practice of geology"
and the "practice of geophysics."
C. Codifies definitions relating to specialties which
are currently identified in regulation.
D. Defines "registered business."
E. Mandates conduct by board members according to a
code of conduct established by board policy.
F. Assigns to the board the power to establish fees by
regulation.
G. Authorizes the board to retain legal and
investigative assistance.
H. Authorizes the board to adopt regulations regarding
expiration, cancellation and renewal and replacement
of licenses.
I. Authorizes the board to enter into agreements for
mutual license recognition with other bodies that
regulate the practices of geology and geophysics.
J. Requires a major in geology or geophysics that
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includes a core curriculum.
AA.Eliminates non-degree requirements for licensure as a
geologist.
BB.Requires practice within area of competence.
CC.Requires officers and employees of the federal,
state, county, city or local agency created under
state statute who perform geological or geophysical
work be licensed.
DD.Requires that federal and state agencies contract
with licensees to be in responsible charge of
geological or geophysical work.
EE.Requires that any public agency that reviews
geological or geophysical reports, submit reports or
documents to the board that may contain evidence of
violations of the act.
FF.Makes it grounds for disciplinary action to use the
terms "Licensed Geologist", "Professional Geologist",
"Licensed Geophysicist", "Professional Geophysicist",
"Certified Engineering Geologist" or "Certified
Hydrogeologist."
GG.Allows the board to report disciplinary actions to
other regulatory or licensing organization if it
appears that a violation of the laws enforced by that
organization have occurred.
HH.Makes it grounds for disciplinary action for failure
to protect the health, safety or welfare of the public
as it relates to the practice of geology or
geophysics.
Comments
Purpose . This bill is one of the "sunset review
bills" authored by the Chair of the JLSRC. It is
intended to implement legislative changes as
recommended by the JLSRC for several licensing boards
reviewed by the JLSRC in 2000/2001. SB 136 is also
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the JLSRC's omnibus bill.
Similar or related legislation this session
Other "sunset review bills" include: SB 133 which
deals with the California Board of Accountancy and SB
134 which deals with the Dental Board and the
Committee on Dental Auxiliaries.
NOTE: See Senate Business and Professions Committee
analysis for background information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2001-02
2002-03 2003-04 Fund
Board of Guide Dogs --------costs offset by fee
revenue------- Special
Board of Engineers ---------increased fee
revenue------------ Special
SUPPORT : (Verified 5/22/01)
Association of Engineering Geologists, Southern
California Section
Board for Professional Engineers and Land Surveyors
California Council of the Blind
California Legislative Conference on Interior Design
Consulting Engineers and Land Surveyors of California
Board of Registration for Geologists and Geophysicists
CP:sl 5/22/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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