BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 136
                                                                  Page  1

          SENATE THIRD READING
          SB 136 (Figueroa)
          As Amended August 20, 2001
          Majority vote 

           SENATE VOTE  :39-0  
           
           BUSINESS AND PROFESSIONS  12-0  APPROPRIATIONS      20-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Correa, John Campbell,    |Ayes:|Midgen, Bates, Alquist,   |
          |     |Bogh, Cedillo, Chavez,    |     |Aroner, Ashburn, Cedillo, |
          |     |Corbett, Kelley, Koretz,  |     |Corbett, Correa, Daucher, |
          |     |Leach, Matthews, Nation,  |     |Goldberg, Maldonado,      |
          |     |Wesson                    |     |Papan, Pavley, Runner,    |
          |     |                          |     |Simitian, Thomson,        |
          |     |                          |     |Washington, Wiggins,      |
          |     |                          |     |Wright, Zettel            |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Extends the sunset review dates for the Board of  
          Guide Dogs for the Blind (BGDB), California Tax Education  
          Council (CTEC), California Council for Interior Design  
          Certification (CCIDC), increases licensing fees for  
          professional engineers and land surveyors regulated by the  
          Board of Professional Engineers and Land Surveyors (BPELS),  
          and makes other technical and clarifying changes pursuant  
          to the recommendations of the Joint Legislative Sunset  
          Review Committee (JLSRC) and the Department of Consumer  
          Affairs (DCA).  Specifically,  this bill  :   

          1)Extends the inoperative and repeal dates for BGDB to July  
            1, 2006, and January 1, 2007 (instead of July 1, 2002,  
            and January 1, 2003).

          2)Extends the inoperative and repeal dates for CTEC to July  
            1, 2008, and January 1, 2009 (instead of July 1, 2002 and  
            January 1, 2003), and requires two of the CTEC  
            representatives to be tax preparers.

          3)Extends the sunset date for CCIDC to January 1, 2004  
            (instead of January 1, 2002), and requires CCIDC to:

             a)   Report back to JLSRC by September 1, 2002, on outreach  








                                                                  SB 136
                                                                  Page  2

               efforts, examinations, finances, interactions with the  
               California Legislative Council on Interior Design, and  
               other information; and,

             a)   Have an independent audit detailing revenue and  
               expenditures and furnish the audit results to JLSRC within  
               a reasonable time.

          1)Requires an interior design organization to be registered as a  
            501(c)(3) nonprofit organization, and makes sole  
            representation as a certified interior designer an unfair  
            business practice unless there is compliance with specified  
            provisions of law.

          2)Extends the inoperative and repeal dates for BPELS to July 1,  
            2004, and January 1, 2005 (instead of July 1, 2002 and January  
            1, 2003), and authorizes BPELS to utilize the national  
            examination for licensure as a land surveyor on or before to  
            June 1, 2003.

          3)Increases the application-filing fee for registration and  
            application for authority level designation as a professional  
            engineer to $400 every two years (instead of $175 every four  
            years) and increases the certification as an  
            engineer-in-training to be not more than $100 (instead of $60)  
            and increases the application-filing fee for licensure as a  
            land surveyor to be not more than $400 (instead of $175) and  
            increases the certification as a land surveyor in training to  
            be not more than $100 (instead of $60).

           EXISTING LAW  :

          1)Creates JLSRC whereby the licensing boards of DCA are  
            subject to sunset review.

          2)Provides that when any board at DCA becomes inoperative  
            and repealed, DCA shall succeed and assume all duties and  
            responsibilities of the inoperative board.

          3)Provides that it is the intent of the Legislature that  
            all existing and proposed consumer-related boards or  
            categories of licensed professionals be subject to sunset  
            review on a four-year cycle, unless the board is granted  
            a longer or shorter cycle.









                                                                  SB 136
                                                                  Page  3

           FISCAL EFFECT  :  Special fund revenue increase, from  
          increased fees, of about $1 million in 2001-02 and  
          increasing to about $4 million in 2004-05 and thereafter  
          (Professional Engineers and Land Surveyors Fund).

           COMMENTS  :  The purpose of this bill is to implement  
          legislative changes recommended by JLSRC for several  
          licensing boards within DCA.  In 2000-01, JLSRC reviewed  
          three boards and one committee auxiliary under DCA, and two  
          private nonprofit organizations independent of DCA.  The  
          initial assessment covered the Board of Accountancy (BA),  
          Dental Board (DB), BGDB, Committee on Dental Auxiliaries  
          (CDA), CTEC, and CCIDC.  Preliminary recommendations by  
          JLSRC were made based on findings concerning each licensing  
          board.  JLSRC discussed the findings and recommendations  
          with the individual boards, professional groups, consumer  
          advocacy organizations and individual consumers.  JLSRC  
          recommendations regarding the BA, DB, and CDA are  
          incorporated in other legislation.
           
           According to the author, there is a critical need for the  
          fee increase contained in this bill pertaining to BPELS.   
          According to BPELS, the fee increases will prevent BPELS  
          from accumulating a $1.7 million deficit by fiscal year  
          2003-04.  By increasing the licensing and certification  
          fees, BPELS will be able to continue to support current  
          examination processes and enforcement programs.    


           Analysis Prepared by  :  Chris L. Gallardo / B. & P. / (916)  
          319-3301 



                                                                FN: 0002467