BILL NUMBER: AB 163	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 28, 2007

INTRODUCED BY   Assembly Member  Mendoza   Eng

    (   Coauthor:   Senator  
Ridley-Thomas   ) 

                        JANUARY 22, 2007

    An act to add Article 3.5 (commencing with Section 14691)
to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government
Code, relating to state buildings.   An act to amend
Sections 101 and 313.1 of the Business and Professions Code, and to
amend an initiative act entitled "An act prescribing the terms upon
which licenses may be issued to practitioners of chiropractic,
creating the State Board of Chiropractic Examiners and declaring its
powers and duties, prescribing penalties for violation thereof, and
repealing all acts and parts of acts inconsistent therewith" approved
by electors November 7, 1922, by amending Sections 1, 2, 3, 4, 6, 8,
and 14 thereof and adding Sections 1.5, 6.5, and 18.5 thereto,
relating to chiropractors, and making an appropriation therefor.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 163, as amended,  Mendoza   Eng  .
 State buildings: bicycle facilities.  
Chiropractors.  
   (1) Existing law, the Chiropractic Act enacted by initiative,
provides for the licensing and regulation of chiropractors by the
State Board of Chiropractic Examiners, which is composed of 7 members
appointed by the Governor. Under the act, the board is required to
employ an executive officer. Existing law establishes the Department
of Consumer Affairs in the State and Consumer Services Agency, and
the department is composed of various boards that regulate members of
professions, including the healing arts, and vocations. Existing law
prohibits a person from being denied admission to a chiropractic
school, from being denied the right to take an examination, from
being denied the right to receive a diploma or certificate of
graduation from a chiropractic school, or from being denied licensure
on the basis that he or she is blind.  
   This bill would enact the Chiropractor Consumer Protection Act,
which would include the board in the Department of Consumer Affairs,
would change 2 members of the board to public members appointed by
the Senate Committee on Rules and the Speaker of the Assembly, and
would require the members appointed by the Governor, including one
public member, to be confirmed by the Senate. The bill would also
prohibit the director from disapproving or rejecting any rule or
regulation pertaining to chiropractic scope of practice or
educational requirements. The bill would exempt the executive officer
from civil service, and would specify that other employees of the
board are subject to those provisions. The bill would also specify
that protection of the public is the highest priority of the board.
The bill would provide that the employment of legal counsel by the
board be subject to certain requirements, and that the board be
subject to specified meeting and disclosure requirements. The bill
would also require that all appropriations from the State Board of
Chiropractic Examiners' Fund be made by the Legislature in the annual
Budget Act. This bill would prohibit a person from being denied
admission to a chiropractic school, from being denied the right to
take an examination, from being denied the right to receive a diploma
or certificate of graduation from a chiropractic school, or from
being denied licensure because he or she is disabled. The bill would
also specify that certain general provisions applicable to health
care providers and health care provider licensing boards be
applicable to chiropractors and to the board. The bill would
appropriate $1,542,000 from the State Board of Chiropractic Examiners'
Fund for purposes of the Chiropractic Act, as specified.  
   Because the bill would amend an initiative act, the bill would
require certain of its provisions be submitted to the voters for
approval on the June 3, 2008, primary election ballot. The bill would
state the Legislature's intent to appropriate $300,000 from the
State Board of Chiropractic Examiners' Fund for specified costs
incurred by the Secretary of State in placing these provisions on the
ballot.  
   (2) This bill would incorporate additional changes in Section 101
of the Business and Professions Code, proposed by SB 534, to be
operative only if both this bill and SB 534 are chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.  
   Existing law generally sets forth the centralized services to be
provided by the Department of General Services with respect to state
buildings and property, among other duties.  
   This bill would enact the Green and Healthy Workplace Bicycle
Facilities Act of 2007, which would require the department, in
consultation with the State Architect and other state agencies, to
adopt regulations establishing standards for bicycle facilities,
including parking areas, showers, and lockers in state-owned and
state-leased buildings. The bill would require each state agency to
develop programs to promote and encourage bicycle commuting and use
of bicycles for work-related trips, as well as to manage its bicycle
facilities. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known and may be
cited as the Chiropractor Consumer Protection Act. 
   SEC. 2.    Section 101 of the   Business and
Professions Code   is amended to read: 
   101.  The department is comprised of:
   (a) The Dental Board of California.
   (b) The Medical Board of California.
   (c) The State Board of Optometry.
   (d) The California State Board of Pharmacy.
   (e) The Veterinary Medical Board.
   (f) The California Board of Accountancy.
   (g) The California Architects Board.
   (h) The Bureau of Barbering and Cosmetology.
   (i) The Board for Professional Engineers and Land Surveyors.
   (j) The Contractors' State License Board.
   (k) The Bureau for Private Postsecondary and Vocational Education.

   () The Structural Pest Control Board.
   (m) The Bureau of Home Furnishings and Thermal Insulation.
   (n) The Board of Registered Nursing.
   (o) The Board of Behavioral Sciences.
   (p) The State Athletic Commission.
   (q) The Cemetery and Funeral Bureau.
   (r) The State Board of Guide Dogs for the Blind.
   (s) The Bureau of Security and Investigative Services.
   (t) The Court Reporters Board of California.
   (u) The Board of Vocational Nursing and Psychiatric Technicians.
   (v) The Landscape Architects Technical Committee.
   (w) The Bureau of Electronic and Appliance Repair.
   (x) The Division of Investigation.
   (y) The Bureau of Automotive Repair.
   (z) The State Board of Registration for Geologists and
Geophysicists.
   (aa) The Respiratory Care Board of California.
   (ab) The Acupuncture Board.
   (ac) The Board of Psychology.
   (ad) The California Board of Podiatric Medicine.
   (ae) The Physical Therapy Board of California.
   (af) The Arbitration Review Program.
   (ag) The Committee on Dental Auxiliaries.
   (ah) The Hearing Aid Dispensers Bureau.
   (ai) The Physician Assistant Committee.
   (aj) The Speech-Language Pathology and Audiology Board.
   (ak) The California Board of Occupational Therapy.
   (al) The Osteopathic Medical Board of California.
   (am) The Bureau of Naturopathic Medicine. 
   (an) The State Board of Chiropractic Examiners. This subdivision
shall be operative only if the amendments to the Chiropractic Act
proposed by Assembly Bill 163 of the 2007-08 Regular Session are
approved by the voters at the June 3, 2008, primary election and
become effective on that date.  
   (an) 
    (ao)  Any other boards, offices, or officers subject to
its jurisdiction by law.
   SEC. 2.5.    Section 101 of the   Business
and Professions Code   is amended to read: 
   101.  The department is comprised of:
   (a) The Dental Board of California.
   (b) The Medical Board of California.
   (c) The State Board of Optometry.
   (d) The California State Board of Pharmacy.
   (e) The Veterinary Medical Board.
   (f) The California Board of Accountancy.
   (g) The California Architects Board.
   (h) The Bureau of Barbering and Cosmetology.
   (i) The Board for Professional Engineers and Land Surveyors.
   (j) The Contractors' State License Board.
   (k) The Bureau for Private Postsecondary and Vocational Education.

   (l) The Structural Pest Control Board.
   (m) The Bureau of Home Furnishings and Thermal Insulation.
   (n) The Board of Registered Nursing.
   (o) The Board of Behavioral Sciences.
   (p) The State Athletic Commission.
   (q) The Cemetery and Funeral Bureau.
   (r) The State Board of Guide Dogs for the Blind.
   (s) The Bureau of Security and Investigative Services.
   (t) The Court Reporters Board of California.
   (u) The Board of Vocational Nursing and Psychiatric Technicians.
   (v) The Landscape Architects Technical Committee.
   (w) The Bureau of Electronic and Appliance Repair.
   (x) The Division of Investigation.
   (y) The Bureau of Automotive Repair.
   (z) The State Board of Registration for Geologists and
Geophysicists.
   (aa) The Respiratory Care Board of California.
   (ab) The Acupuncture Board.
   (ac) The Board of Psychology.
   (ad) The California Board of Podiatric Medicine.
   (ae) The Physical Therapy Board of California.
   (af) The Arbitration Review Program.
   (ag) The  Committee on Dental Auxiliaries  
Dental Hygiene Committee of California  .
   (ah) The Hearing Aid Dispensers Bureau.
   (ai) The Physician Assistant Committee.
   (aj) The Speech-Language Pathology and Audiology Board.
   (ak) The California Board of Occupational Therapy.
   (al) The Osteopathic Medical Board of California.
   (am) The Bureau of Naturopathic Medicine. 
   (an) The State Board of Chiropractic Examiners. This subdivision
shall be operative only if the amendments to the Chiropractic Act
proposed by Assembly Bill 163 of the 2007-08 Regular Session are
approved by the voters at the June 3, 2008, primary election and
become effective on that date.  
   (an) 
    (ao)  Any other boards, offices, or officers subject to
its jurisdiction by law.
   SEC. 3.    Section 313.1 of the   Business
and Professions Code   is amended to read: 
   313.1.  (a) Notwithstanding any other provision of law to the
contrary, no rule or regulation, except those relating to
examinations and qualifications for licensure, and no fee change
proposed or promulgated by any of the boards, commissions, or
committees within the department, shall take effect pending
compliance with this section.
   (b) The director shall be formally notified of and shall be
provided a full opportunity to review, in accordance with the
requirements of Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code, and
this section, all of the following:
   (1) All notices of proposed action, any modifications and
supplements thereto, and the text of proposed regulations.
   (2) Any notices of sufficiently related changes to regulations
previously noticed to the public, and the text of proposed
regulations showing modifications to the text.
   (3) Final rulemaking records.
   (c) The submission of all notices and final rulemaking records to
the director and the completion of the director's review, as
authorized by this section, shall be a precondition to the filing of
any rule or regulation with the Office of Administrative Law. The
Office of Administrative Law shall have no jurisdiction to review a
rule or regulation subject to this section until after the completion
of the director's review and only then if the director has not
disapproved it. The filing of any document with the Office of
Administrative Law shall be accompanied by a certification that the
board, commission, or committee has complied with the requirements of
this section.
   (d) Following the receipt of any final rulemaking record subject
to subdivision (a), the director shall have the authority for a
period of 30 days to disapprove a proposed rule or regulation on the
ground that it is injurious to the public health, safety, or welfare.

   (e) Final rulemaking records shall be filed with the director
within the one-year notice period specified in Section 11346.4 of the
Government Code. If necessary for compliance with this section, the
one-year notice period may be extended, as specified by this
subdivision.
   (1) In the event that the one-year notice period lapses during the
director's 30-day review period, or within 60 days following the
notice of the director's disapproval, it may be extended for a
maximum of 90 days.
   (2) If the director approves the final rulemaking record or
declines to take action on it within 30 days, the board, commission,
or committee shall have five days from the receipt of the record from
the director within which to file it with the Office of
Administrative Law.
   (3) If the director disapproves a rule or regulation, it shall
have no force or effect unless, within 60 days of the notice of
disapproval, (A) the disapproval is overridden by a unanimous vote of
the members of the board, commission, or committee, and (B) the
board, commission, or committee files the final rulemaking record
with the Office of Administrative Law in compliance with this section
and the procedures required by Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
   (f) Nothing in this section shall be construed to prohibit the
director from affirmatively approving a proposed rule, regulation, or
fee change at any time within the 30-day period after it has been
submitted to him or her, in which event it shall become effective
upon compliance with this section and the procedures required by
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. 
   (g) The director shall not have the authority pursuant to this
section to disapprove, and subdivision (d) shall not apply to, any
rule or regulation pertaining to the legal scope of professional
practice for doctors of chiropractic as specified and permitted
pursuant to Section 7 of the Chiropractic Act, or any rule or
regulation pertaining to the current minimum educational requirements
as specified in Section 5 of the Chiropractic Act. 
   SEC. 4.    Section 1 of the act cited in the title is
amended to read: 
   Section 1.  A board is hereby created  in the Department of
Consumer Affairs  to be known as the "State Board of
Chiropractic Examiners," hereinafter referred to as the board. The
board shall consist of seven members  . Five members shall be
 appointed by the Governor  , subject to confirmation by the
Senate, one of whom shall be a public member. The Senate Committee
on Rules and the Speaker of the Assembly shall each appoint one
public member  . Each member shall be a citizen of the United
States and shall have been a resident of California for five years.
 Two members shall be public members.  Each licensee
member shall have had at least five years of licensure in this state
prior to appointment. Each licensee member  must 
 shall  have pursued a resident course in an approved
chiropractic school or college, and  must  
shall  be a graduate thereof and hold a diploma therefrom.
   Not more than two persons shall serve simultaneously as members of
 said   the  board, whose first diplomas
were issued by the same school or college of chiropractic, nor shall
more than two members be residents of any one county of the state.
And no person who is or within one year of the proposed appointment
has been an administrator, policy board member, or paid employee of
any chiropractic school or college shall be eligible for appointment
to the board. Each member of the board shall receive a per diem in
the amount provided in Section 103 of the Business and Professions
Code for each day during which he  or she  is actually
engaged in the discharge of his  or her  duties, together
with his  or her  actual and necessary travel expenses
incurred in connection with the performance of the duties of his 
or her  office,  such   and the  per
diem, travel expenses and other incidental expenses of the board or
of its members shall be paid out of the funds of the board
hereinafter defined and not from the state's taxes.
    The   Legislature may, upon review, repeal this
section and reconstitute the board. 
   SEC. 5.    Section 1.5 is added to the act cited in
the title, to read: 
   Sec. 1.5.  Protection of the public shall be the highest priority
for the board in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with the other interests sought to be promoted, the
protection of the public shall be paramount.
   SEC. 6.    Section 2 of the act cited in the title is
amended to read: 
   Sec. 2.   The Governor shall appoint the members of the
board.  Each appointment  to the board  shall be
for the term of four years, except that an appointment to fill a
vacancy shall be for the unexpired term only. Each member shall serve
until his  or her  successor has been appointed and
qualified or until one year has elapsed since the expiration of his
 or her  term whichever first occurs. No person shall serve
more than two consecutive terms on the board nor be eligible for
appointment thereafter until the expiration of four years from the
expiration of the second consecutive term, effective January 2, 1974.
The Governor may remove a member from the board after receiving
sufficient proof of the inability or misconduct of  said
  the  member.
   SEC. 7.    Section 3 of the act cited in the title is
amended to read: 
   Sec. 3.  The board shall elect a chairman and a vice chairman and
a secretary to be chosen from the members of the board. The board
shall  employ  appoint a person exempt from
civil service, by and with the approval of the Director of Consumer
Affairs, to be designated as  an executive officer  and
fix his salary with the approval of the Director of Finance 
. Elections of the officers shall occur annually at the January
meeting of the board. A majority of the board shall constitute a
quorum.
   It shall require the affirmative vote of four members of 
said   the  board to carry any motion or
resolution, to adopt any rule, or to authorize the issuance of any
license provided for in this act. The executive officer shall receive
a salary to be fixed by the board,  with the approval of the
Director of Finance,  together with his  or her  actual
and necessary traveling expenses incurred in connection with the
performance of the duties of his  or her  office, and shall
give bond to the state in  such   a  sum
 and  with such sureties as the board may deem proper. He
 or she  shall keep a record of the proceedings of the
board, which shall at times during business hours be open to the
public for inspection. He  or she  shall keep a true and
accurate account of all funds received and of all expenditures
incurred or authorized by the board, and on the first day of December
of each year he  or she  shall file with the Governor or
his  or her  designee, a report of all receipts and
disbursements and of the proceedings of the board for the preceding
fiscal year.
   SEC. 8.    Section 4 of the act cited in the title is
amended to read: 
  Sec. 4.  Powers of the board. The board shall have power:
   (a) To adopt a seal, which shall be affixed to all licenses issued
by the board.
   (b) To adopt from time to time  such  rules and
regulations as the board may deem proper and necessary for the
performance of its work, the effective enforcement and administration
of this act, the establishment of educational requirements for
license renewal, and the protection of the public.  Such
  These  rules and regulations shall be adopted,
amended, repealed and established in accordance with the provisions
of Chapter  4.5   3.5  (commencing with
Section  11371   11340  ) of Part 1 of
Division 3 of Title 2 of the Government Code as it now reads or as it
may be hereafter amended by the Legislature.
   (c) To examine applicants and to issue and revoke licenses to
practice chiropractic, as  herein  provided  in
this act  .
   (d) To summon witnesses and to take testimony as to matters
pertaining to its duties; and each member shall have power to
administer oaths and take affidavits.
   (e) To do any and all things necessary or incidental to the
exercise of the powers and duties  herein  granted
or imposed  by this act  .
   (f) To determine minimum requirements for teachers in chiropractic
schools and colleges.
   (g) To approve chiropractic schools and colleges whose graduates
may apply for licenses in this state. The following shall be eligible
for approval:
   (1) Any chiropractic school or college having status with the
accrediting agency and meeting the requirements of Section 5 of this
act and the rules and regulations adopted by the board.
   (2) Any chiropractic school or college initially commencing
instruction prior to the effective date of the amendments to this
section approved by the electors at the November, 1976, general
election, provided  such   that the  school
or college meets the requirements of Section 5 of this act and the
rules and regulations adopted by the board and provided  such
 that the  school or college attains status with
the accrediting agency within a time period commencing on the
effective date of this provision and ending March 1, 1980.
   (3) Any chiropractic school or college initially commencing
instruction subsequent to the effective date of the amendments to
this section approved by the electors at the November, 1976, general
election, provided  such   that the  school
or college meets the requirements of Section 5 of this act and the
rules and regulations adopted by the board and provided  such
  that the  school or college attains status with
the accrediting agency within a time period not exceeding three years
following  such   the  commencement of
instruction.
   Upon submission of evidence satisfactory to the board that the
accrediting agency has unreasonably denied status to a chiropractic
school or college approved under paragraph (2) or (3) of this
subdivision by not considering the application for status submitted
by that school or college in a timely manner, by denying the
application for status submitted by that school or college without
good cause, or by imposing arbitrary and capricious additional
requirements upon that school or college as conditions for the
attainment of status, the board shall grant an extension of the time
period for the attainment of status specified in the paragraph under
which that school or college is approved, as it applies to that
school or college, of at least six months but no more than one year.
Prior to the expiration of  such   the 
extension or of any additional extension the board grants, the board
shall determine whether that school or college has been unreasonably
denied status by the accrediting agency for any of the reasons
specified in the immediately preceding sentence during the extension.
Should the board determine  such   that 
unreasonable denial of status during the extension has occurred, the
board shall grant an additional extension of the time period for the
attainment of status, as it applies to that school or college, of at
least six months but no more than one year.
   As used in this section, "accrediting agency" means (1) the
Accrediting Commission of the Council on Chiropractic Education,
other chiropractic school and college accrediting agencies as may be
recognized by the United States Commissioner of Education, or
chiropractic school and college accrediting agencies employing
equivalent standards for accreditation as determined by the board,
(2) in the event  such   that the 
commission ceases to exist or ceases to be recognized by 
such   the  commissioner, a chiropractic school and
college accrediting agency as may be designated by the board or
chiropractic school and college accrediting agencies employing
equivalent standards for accreditation as determined by the board, or
(3) in the event  such   that the 
commission ceases to exist or ceases to be recognized by 
such   the  commissioner, no other  such
 accrediting agency is recognized by  such 
 the  commissioner, and no  such 
accrediting agency is acceptable to the board, the board.
   As used in this section, "status" means correspondent status,
status as a recognized candidate for accreditation, accredited
status, or other similar status as may be adopted and used by the
accrediting agency.
   As used in this section, "in a timely manner" means within the
time deadlines as may be established by the accrediting agency for
submission of applications, consideration of applications submitted,
acceptance or rejection of applications submitted, and other similar
functions, as those time deadlines are interpreted by the board.
   As used in this section, "without good cause" means not in
accordance with rules and regulations that may be established by the
accrediting agency as conditions for the attainment of status, as
those rules and regulations are interpreted by the board.
   As used in this section, "arbitrary and capricious additional
requirements" means requirements  which   that
 may be imposed by the accrediting agency as conditions for the
attainment of status during the time period specified for the
attainment of status by a chiropractic school or college that, in the
board's judgement, cannot be satisfied within  such
  the  time period or do not serve to improve the
educational standards or quality of  such   the
 school or college.
   (h) The board may employ  such   any 
investigators, clerical assistants, commissioners on examination 
,  and other employees as it may deem necessary to carry into
effect the provisions of this act, and shall prescribe the duties of
 such   those  employees.  Persons
employed pursuant to this subdivision shall be subject to the State
Civil Service Act (Part 2 (commencing with Section 18500) of Division
5 of Title 5 of the Government Code). 
   SEC. 9.    Section 6 of the act cited in the title is
amended to read: 
  Sec. 6.  (a) The office of the board shall be in the City of
Sacramento. Suboffices may be established in Los Angeles and San
Francisco, and  such   any  records as may
be necessary may be transferred temporarily to  such
  the  suboffices. Legal proceedings against the
board may be instituted in any one of the three cities. 
   (b) All meetings of the board shall be conducted in accordance
with the provisions of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).  
   (b) 
    (c)  The board shall meet as a board of examiners at
least twice each calendar year, at  such  times and
places as may be found necessary for the performance of its duties.

   (d) The board shall comply with the requirements of Chapter 22.5
(commencing with Section 7528) of Division 7 of Title 1 of the
Government Code and with the provisions of Article 10 (commencing
with Section 11364) of Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code.  
   (c) 
    (e)  Examinations shall be written, oral, and practical,
covering chiropractic as taught in chiropractic schools or colleges,
designed to ascertain the fitness of the applicant to practice
chiropractic.  Said   The  examination
shall include at least each of the subjects as set forth in Section 5
 hereof   of this act  . Identity of the
applicants shall not be disclosed to the examiners until after
examinations have been given final grades. A license shall be granted
to any applicant who  shall make   makes 
a general average of 75 percent, and  does  not fall below
60 percent in more than two subjects or branches of the examination
and  receive   receives  a 75 percent score
in all parts of the practical examination as designated by the
board. Any applicant failing to make the required grade shall be
given credit for the branches passed, and may, without further cost,
take the examination at the next regular examination on the subjects
in which he  or she  failed. For each year of actual
practice since graduation the applicant shall be given a credit of 1
percent on the general average. 
   (d) 
    (f)  An applicant having fulfilled the requirements of
Section 5 and paid the fee thereunder, and having obtained a
diplomate certificate from the National Board of Chiropractic
Examiners, may offer  such  the 
certificate together with a transcript of grades secured in 
said   the  national board examination, and the
California Board of Chiropractic Examiners may accept  same
  those  in lieu of all or a portion of the
California board examination  ,  as determined by the board.

   SEC. 10.    Section 6.5 is added to the act cited in
the title, to read: 
  Sec. 6.5.  The employment of legal counsel by the board is subject
to the requirements of Section 11040 of the Government Code.
   SEC. 11.    Section 8 of the act cited in this title
is amended to read: 
  Sec. 8.  No  blind  person shall be denied
admission into any college or school of chiropractic or denied the
right to take any examination given by such school or college or
denied a diploma or certificate of graduation or a degree or denied
admission into any examination for a state license or denied a
regular license to practice chiropractic  on the ground that
he or she is blind   because of a disability, as defined
by the Americans with Disability Act of 1990 (42 U.S.C. Sec. 12101,
et seq.)  .
   SEC. 12.    Section 14 of the act cited in the title
is amended to read: 
  Sec. 14.  The executive officer shall at the end of each month
report to the  State  Controller the total amount of
money received by the board from all sources, and shall deposit with
the  State  Treasurer the entire amount of 
such   those  receipts, and the  State
 Treasurer shall place the money so received in a special
fund, to be known as the "State Board of Chiropractic Examiners' Fund"
.  Such   Moneys in the  fund shall be
expended in accordance with law for all necessary and proper expenses
in carrying out the provisions of this act, upon proper claims
approved by  said   the  board or a finance
committee thereof.  All appropriations from the fund shall be
made by the Legislature in the annual Budget Act. 
   SEC. 13.    Section 18.5 is added to the act cited in
this title, to read: 
  Sec. 18.5.  The provisions of any other statute of general
application to health care providers or health care related boards
within the Department of Consumer Affairs within the Business and
Professions Code, including, but not limited to, Sections 12.5, 23.9,
29.5, 30, 31, 35, 104, 114, 115, 119, 121, 121.5, 125, 125.6, 136,
137, 140, 141, 143, 163.5, 461, 462, 475, 480, 484, 485, 487, 489,
490, 490.5, 491, 494, 495, 496, 498, 499, 510, 511, 512, 701, 702,
703, 704, 710, 716, 730.5, 731, and 851 of, and Article 6 (commencing
with Section 650) and Article 11 (commencing with Section 800) of
Chapter 1 of Division 2 of, the Business and Professions Code, are
                                              applicable to persons
licensed by the board under this act and are applicable to the board.
Additionally, any provisions of the Government Code that are
generally applicable to state agency officials and employees are
applicable to the board and its staff under this act.
   SEC. 14.    (a) In addition to the appropriation made
by Item 8500-001-0152 of Section 2.00 of the Budget Act of 2007, the
sum of one million five hundred forty-two thousand dollars
($1,542,000) is hereby appropriated from the revenue in the State
Board of Chiropractic Examiners Fund that consists of fees paid for
the issuance and renewal of licenses, for the support of the Board of
Chiropractic Examiners.  
   (b) It is the intent of the Legislature, either by the Budget Act
of 2008 or by another bill, to appropriate three hundred thousand
dollars ($300,000) from the State Board of Chiropractic Examiner's
Fund to reimburse to the Secretary of State the printing costs
incurred in placing Section 1 and Sections 4 to 13, inclusive, of
this act on the ballot at the June 3, 2008, primary election, as
described in Section 15 of this act. 
   SEC. 15.    Section 1 and Sections 4 to 13,
inclusive, of this act shall become effective only when submitted to
and if approved by the electors pursuant to subdivision (c) of
Section 10 of Article II of the California Constitution. The
Secretary of State is hereby directed to place those provisions on
the ballot of the June 3, 2008, primary election for approval by the
electors in accordance with the applicable provisions of law. 
   SEC. 16.    Section 2.5 of this bill incorporates
amendments to Section 101 of the Business and Professions Code
proposed by both this bill and SB 534. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2008, (2) each bill amends Section 101 of the Business and
Professions Code, and (3) this bill is enacted after SB 534, in
which case Section 2 of this bill shall not become operative. 

  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) The State of California endeavors to meet certain goals
regarding more transportation choices, reducing traffic congestion,
improving air quality, conserving energy, reducing greenhouse gas
emissions, improving social equity, and increasing physical activity
to promote public health. Increased levels of bicycling rate by state
employees and by visitors to state offices would help reach these
goals.
   (b) The state invests approximately $2 billion annually for
design, construction, and renovation, and more than six hundred
million dollars ($600,000,000) annually for energy, water, and waste
disposal at state-funded facilities.
   (c) The state invests an unspecified amount in funding for
automobile parking for state employees and visitors.
   (d) An opportunity exists for the state to foster continued
economic growth and provide environmental leadership by incorporating
bicycle facilities into the state capital outlay and building
management processes.
   (e) The widespread adoption of bicycle facilities principles would
result in significant long-term benefits to the state's environment,
including reductions in smog generation and greenhouse gas
emissions, increased employee and public health, and reduced
congestion.
   (f) It is critical that the state provide leadership to both
private and public sectors to provide bicycle facilities for
employees and visitors.
   (g) It is the policy of the state to site, design, deconstruct,
construct, renovate, operate, and maintain state buildings that are
models of energy efficiency, while encouraging energy-efficient
travel to and from buildings, and providing healthy, productive, and
comfortable indoor environments and long-term benefits to
Californians.
   (h) It is the intent of the Legislature in enacting this act to
increase the availability and usefulness of bicycle facilities in
state-owned and state-leased buildings by providing safe and secure
bicycle parking and storage and comfortable changing and showering
areas, and to promote alternative transportation to the workplace.
 
  SEC. 2.    Article 3.5 (commencing with Section
14691) is added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of
the Government Code, to read:

      Article 3.5.  Green and Healthy Workplace Bicycle Facilities
Act of 2007


   14691.  This act shall be known, and may be cited, as the Green
and Healthy Workplace Bicycle Facilities Act of 2007.
   14692.  (a) On or before July 1, 2009, the department shall adopt
regulations for the construction and renovation of state-owned
buildings used primarily for office functions and other state-owned
buildings as deemed appropriate by the department that establish
standards regarding bicycle facilities, including short-term visitor
bicycle parking, long-term employee bicycle parking, showers, and
clothing lockers.
   (b) When adopting regulations pursuant to subdivision (a), the
department shall consider those aspects of existing relevant
information and guidelines that maximize the utility of bicycle
facilities, and shall allow for flexibility to meet the state's
building standards. The existing relevant guidelines and information
shall include, but are not limited to, both of the following:
   (1) The Sacramento Area Bicycle Advocates State Bicycle
Facilities--Statewide Policies and Recommendations.
   (2) The Association of Pedestrian and Bicycle
Professionals--Bicycle Parking Guidelines.
   (c) In adopting the regulations pursuant to subdivision (a), the
department shall consult with the State Architect and other
appropriate state agencies, the building and construction industry,
recognized bicycle advocacy groups, the League of California Cities,
the California State Association of Counties, other interested
organizations, and the public.
   14692.5.  (a) For an existing state-owned building without
short-term visitor bicycle parking, meeting the regulations adopted
pursuant to Section 14692, short-term bicycle parking meeting the
regulations adopted pursuant to Section 14692 shall be added before
December 31, 2009.
   (b) For an existing state-owned building without bicycle
facilities for employees meeting the regulations adopted pursuant to
Section 14692, the addition of secure long-term bicycle parking,
showers, and clothing lockers shall be a priority when the building
is renovated.
   (c) For state-leased buildings used primarily for office functions
and other state-leased buildings as deemed appropriate by the
department, the state, when negotiating or renegotiating a lease,
shall make every effort to include provision of facilities for
bicycle commuters and bicycle parking for visitors.
   14693.  Each state agency shall develop a program to manage its
bicycle facilities so that bicycle parking and lockers are fairly
assigned and access to showers is available. Facilities shall be
available for workers at state buildings, whether they are state
employees, contract employees, interns, or volunteers.
   14693.5.  Each state agency shall develop a program to promote and
encourage bicycle commuting and the use of bicycles for work-related
trips.