BILL NUMBER: SB 1780 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Ridley-Thomas (Chair), Aanestad, Calderon,
Corbett, Denham, Florez, Harman, Simitian, and Yee)
MARCH 13, 2008
An act to amend Sections 27, 101, 144, 146, and 5801 of, and to
add Section 9855.1.5 to, the Business and Professions Code, relating
to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1780, as introduced, Committee on Business, Professions and
Economic Development. Professions and vocations.
Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs.
(1) Existing law requires certain boards and bureaus to disclose
on the Internet information on licensees.
This bill would require the Cemetery and Funeral Bureau to
disclose on the Internet information on specified licensees.
(2) Existing law, the Professional Fiduciaries Act, provides for
the licensure and regulation of professional fiduciaries by the
Professional Fiduciaries Bureau within the Department of Consumer
Affairs until July 1, 2011. Existing law also requires applicants to
provide certain boards and bureaus with a full set of fingerprints
for the purpose of conducting criminal history record checks.
This bill would require the bureau to disclose on the Internet
information on its licensees and would require applicants to the
bureau to comply with that fingerprint requirement. The bill would
also make a conforming change.
(3) Existing law provides a comprehensive scheme for the
certification and regulation of interior designers. Under existing
law, a stamp from an interior design organization certifies that an
interior designer has passed a specified examination and that he or
she has met certain other education or experience requirements, such
as a combination of interior design education and diversified
interior design experience that together total at least 8 years.
This bill would revise that provision by specifying that an
interior designer may meet these requirements by having at least 8
years of interior design education, or at least 8 years of
diversified interior design experience, or a combination of interior
design education and diversified interior design experience that
together total at least 8 years.
(4) The Electronic and Appliance Repair Dealer Registration Law
provides for registration and regulation of service contractors by
the Bureau of Electronic and Appliance Repair in the Department of
Consumer Affairs until January 1, 2013. Existing law makes it
unlawful to act as a service contractor unless that person maintains
a valid registration.
This bill would make it an infraction to violate that provision.
The bill would also make conforming changes. By creating a new crime,
the bill would impose a state-mandated local program.
(5) 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 27 of the Business and Professions Code is
amended to read:
27. (a) Every entity specified in subdivision (b), on or after
July 1, 2001, shall provide on the Internet information regarding the
status of every license issued by that entity in accordance with the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The
public information to be provided on the Internet shall include
information on suspensions and revocations of licenses issued by the
entity and other related enforcement action taken by the entity
relative to persons, businesses, or facilities subject to licensure
or regulation by the entity. In providing information on the
Internet, each entity shall comply with the Department of Consumer
Affairs Guidelines for Access to Public Records. The information may
not include personal information, including home telephone number,
date of birth, or social security number. Each entity shall disclose
a licensee's address of record. However, each entity shall allow a
licensee to provide a post office box number or other alternate
address, instead of his or her home address, as the address of
record. This section shall not preclude an entity from also requiring
a licensee, who has provided a post office box number or other
alternative mailing address as his or her address of record, to
provide a physical business address or residence address only for the
entity's internal administrative use and not for disclosure as the
licensee's address of record or disclosure on the Internet.
(b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Acupuncture Board shall disclose information on its
licensees.
(2) The Board of Behavioral Sciences shall disclose information on
its licensees, including marriage and family therapists, licensed
clinical social workers, and licensed educational psychologists.
(3) The Dental Board of California shall disclose information on
its licensees.
(4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of their licensees.
(5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
(6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
(8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
(9) The Cemetery Program and Funeral
Bureau shall disclose information on its licensees, including
cemetery brokers, cemetery salespersons, cemetery managers,
crematory managers, cemetery authorities, crematories,
and cremated remains disposers , embalmers, funeral
establishments, and funeral directors .
(10) The Funeral Directors and Embalmers Program shall disclose
information on its licensees, including embalmers, funeral
establishments, and funeral directors.
(10) The Professional Fiduciaries Bureau shall disclose
information on its licensees.
(11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3. In addition to information related
to licenses as specified in subdivision (a), the board shall also
disclose information provided to the board by the Labor Commissioner
pursuant to Section 98.9 of the Labor Code.
(12) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538.
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 Professional Fiduciaries Bureau.
(an)
(ao) Any other boards, offices, or officers subject to
its jurisdiction by law.
SEC. 3. Section 144 of the Business and Professions Code is
amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Registered Veterinary Technician Committee.
(10) Board of Vocational Nursing and Psychiatric Technicians.
(11) Respiratory Care Board of California.
(12) Hearing Aid Dispensers Advisory Commission.
(13) Physical Therapy Board of California.
(14) Physician Assistant Committee of the Medical Board of
California.
(15) Speech-Language Pathology and Audiology Board.
(16) Medical Board of California.
(17) State Board of Optometry.
(18) Acupuncture Board.
(19) Cemetery and Funeral Bureau.
(20) Bureau of Security and Investigative Services.
(21) Division of Investigation.
(22) Board of Psychology.
(23) The California Board of Occupational Therapy.
(24) Structural Pest Control Board.
(25) Contractors' State License Board.
(26) Bureau of Naturopathic Medicine.
(27) The Professional Fiduciaries Bureau.
(c) The provisions of paragraph (24) of subdivision (b) shall
become operative on July 1, 2004. The provisions of paragraph (25) of
subdivision (b) shall become operative on the date on which
sufficient funds are available for the Contractors' State License
Board and the Department of Justice to conduct a criminal history
record check pursuant to this section or on July 1, 2005, whichever
occurs first.
SEC. 4. Section 146 of the Business and Professions Code is
amended to read:
146. (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) or (d) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when either of the following applies :
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c 5C (commencing with Section
853.5) of Title 3 of Part 2 of the Penal Code is filed in court
charging the offense as an infraction unless the defendant, at the
time he or she is arraigned, after being advised of his or her
rights, elects to have the case proceed as a misdemeanor ,
or .
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivisions (c) and (d) if the defendant has had
his or her license, registration, or certificate previously revoked
or suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Sections 2052 and 2054.
(2) Section 2630.
(3) Section 2903.
(4) Section 3660.
(5) Sections 3760 and 3761.
(6) Section 4080.
(7) Section 4825.
(8) Section 4935.
(9) Section 4980.
(10) Section 4996.
(11) Section 5536.
(12) Section 6704.
(13) Section 6980.10.
(14) Section 7317.
(15) Section 7502 or 7592.
(16) Section 7520.
(17) Section 7617 or 7641.
(18) Subdivision (a) of Section 7872.
(19) Section 8016.
(20) Section 8505.
(21) Section 8725.
(22) Section 9681.
(23) Section 9840.
(24) Subdivision (c) of Section 9891.24.
(25) Section 19049.
(d) Institutions that are required to register with the Bureau for
Private Postsecondary and Vocational Education pursuant to Section
94931 of the Education Code.
(e) Notwithstanding any other provision of law, a violation of any
of the sections listed in subdivision (c) or (d), which is an
infraction, is punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000).
No portion of the minimum fine may be suspended by the court unless
as a condition of that suspension the defendant is required to submit
proof of a current valid license, registration, or certificate for
the profession or vocation the absence of which was the
basis for his or her conviction.
SEC. 5. Section 5801 of the Business and Professions Code is
amended to read:
5801. A certified interior designer may obtain a stamp from an
interior design organization that shall include a number that
uniquely identifies and bears the name of that certified interior
designer. The stamp certifies that the interior designer has provided
the interior design organization with evidence of passage of an
interior design examination approved by that interior design
organization and any of the following:
(a) He or she is a graduate of a four or five-year accredited
interior design degree program, and has two years of diversified
interior design experience.
(b) He or she has completed a three-year accredited interior
design certificate program, and has completed three years of
diversified interior design experience.
(c) He or she has completed a two-year accredited interior design
program and has completed four years of diversified interior design
experience.
(d) He or she has at least eight years of interior design
education, or at least eight years of diversified interior design
experience, or a combination of interior design education and
diversified interior design experience that together total at least
eight years.
SEC. 6. Section 9855.1.5 is added to the Business and Professions
Code, to read:
9855.1.5. (a) Notwithstanding any other provision of law, a
violation of Section 9855.1 is an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code when
either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of Section
9855.1 if the defendant has had his or her registration previously
revoked or suspended.
(c) Notwithstanding any other provision of law, a violation of
Section 9855.1, which is an infraction, is punishable by a fine of
not less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000).
No portion of the minimum fine may be suspended by the court
unless as a condition of that suspension the defendant is required to
submit proof of a current valid registration to act as a service
contractor the absence of which was the basis for his or her
conviction.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.