SB 799: School finance: school districts: annual budgets: reserve balance.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-08-30
Existing law requires the governing board of a school district, on or before July 1 of each year, to hold a hearing on, and adopt a budget for, the subsequent fiscal year. Existing law requires the governing board of a school district that proposes to adopt a budget that includes a combined assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties adopted by the State Board of Education to provide specified information for public review and discussion.
This bill would instead require the governing board of a school district that proposes to adopt a budget that includes unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of the minimum recommended reserve for economic uncertainties to provide specified information for public review and discussion. The bill would also require the governing board of a school district to adopt a policy establishing procedures for reporting the fund balances as reflected in the school districts governmental fund financial statements, as specified. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
Existing law limits the amount of the combined assigned or unassigned ending fund balance contained in a school districts annual budget in any fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account. Existing law establishes formulas for calculating the maximum amount allowable for school districts with less than 400,000 units of average daily attendance and for school districts with more than 400,000 units of average daily attendance, as specified. Existing law authorizes the county superintendent of schools to grant an exemption from those requirements if the school district provides documentation indicating extraordinary fiscal circumstances substantiate the need for a combined assigned or unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties, as specified.
This bill would instead provide that the school districts budget shall not contain unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of 17% 15% of those funds, and would require a county superintendent of schools to grant a school district an exemption if the school district provides documentation indicating extraordinary fiscal circumstances substantiate the need for those fund balances, as specified. The bill would also require each county superintendent of schools to adopt a policy establishing the procedures for submitting exemption requests and the criteria to be used to determine whether extraordinary fiscal circumstances exist. the governing board of a school district to report in a public meeting its assigned and unassigned fund balances in the school districts general fund and special reserve fund for other than capital outlay projects, as specified.
Because the bill would impose additional duties on school districts and county superintendents of schools, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires the governing board of a school district, on or before July 1 of each year, to hold a hearing on, and adopt a budget for, the subsequent fiscal year. Existing law requires the governing board of a school district that proposes to adopt a budget that includes a combined assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties adopted by the State Board of Education to provide specified information for public review and discussion.
This bill would instead require the governing board of a school district that proposes to adopt a budget that includes unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of the minimum recommended reserve for economic uncertainties to provide specified information for public review and discussion. The bill would also require the governing board of a school district to adopt a policy establishing procedures for reporting the fund balances as reflected in the school districts governmental fund financial statements, as specified. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
Existing law limits the amount of the combined assigned or unassigned ending fund balance contained in a school districts annual budget in any fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account. Existing law establishes formulas for calculating the maximum amount allowable for school districts with less than 400,000 units of average daily attendance and for school districts with more than 400,000 units of average daily attendance, as specified. Existing law authorizes the county superintendent of schools to grant an exemption from those requirements if the school district provides documentation indicating extraordinary fiscal circumstances substantiate the need for a combined assigned or unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties, as specified.
This bill would instead provide that the school districts budget shall not contain unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of 17% of those funds, and would require a county superintendent of schools to grant a school district an exemption if the school district provides documentation indicating extraordinary fiscal circumstances substantiate the need for those fund balances, as specified. The bill would also require each county superintendent of schools to adopt a policy establishing the procedures for submitting exemption requests and the criteria to be used to determine whether extraordinary fiscal circumstances exist.
Because the bill would impose additional duties on school districts and county superintendents of schools, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing law provides for the practice of accountancy by the California Board of Accountancy. Existing law, until January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license subject to specified requirements. Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would authorize an individual practicing public accountancy in this state under a practice privilege to be styled and known as a certified public accountant and use the abbreviation C.P.A. The bill would prohibit the board from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
Existing law authorizes the board to issue a certified public accountant (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(2)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(3)Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.
This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.
(4)Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishments Internet Web site contain specified key words.
(5)Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board. The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified registered companies to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all registered companies.
Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(6)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology.
(7)This bill would make various other nonsubstantive changes.
(8)Because this bill would expand the definition of a crime, it 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.
(1)Existing law provides for the practice of accountancy by the California Board of Accountancy. Existing law, until January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license subject to specified requirements. Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would authorize an individual practicing public accountancy in this state under a practice privilege to be styled and known as a certified public accountant and use the abbreviation C.P.A. The bill would prohibit the California Board of Accountancy board from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
(2)Existing law authorizes the California Board of Accountancy board to issue a certified public account accountant (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(3)
(2)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(4)
(3)Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.
This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.
(5)
(4)Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishments Internet Web site contain specified key words.
(6)The
(5)Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board. The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified structural pest control operators registered companies to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all structural pest control operators. registered companies.
(7)Existing
Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(8)
(6)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology, as specified. technology.
(7)This bill would make various other nonsubstantive changes.
(9)
(8)Because this bill would expand the definition of a crime, it 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.
(1)Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would prohibit the California Board of Accountancy from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
(2)Existing law authorizes the California Board of Accountancy to issue a certified public account (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(3)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(4)Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.
This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.
(5)Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishments Internet Web site contain specified key words.
(4)
(6)The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified structural pest control operators to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all structural pest control operators.
(5)
(7)Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(6)
(8)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology, as specified.
(7)
(9)Because this bill would expand the definition of a crime, it 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.
(1)Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would prohibit the California Board of Accountancy from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
(2)Existing law authorizes the California Board of Accountancy to issue a certified public account (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(3)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(4)The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified structural pest control operators to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all structural pest control operators.
(5)Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(6)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology, as specified.
(7)Because this bill would expand the definition of a crime, it 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.
(a)On or before July 1 of each year, the governing board of each school district shall accomplish the following:
(1)Hold a public hearing conducted in accordance with Section 42103 on the budget to be adopted for the subsequent fiscal year. The budget to be adopted shall be prepared in accordance with Section 42126. The agenda for that hearing shall be posted at least 72 hours before the public hearing and shall include the location where the budget will be available for public inspection.
(2)(A)Adopt a budget. Not later than five days after that adoption or by July 1, whichever occurs first, the governing board of the school district shall file that budget with the county superintendent of schools. The budget and supporting data shall be maintained and made available for public review. If the governing board of the school district does not want all or a portion of the property tax requirement levied for the purpose of making payments for the interest and redemption charges on indebtedness as described in paragraph (1) or (2) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution, the budget shall include a statement of the amount or portion for which a levy shall not be made. For the 201415 fiscal year and each fiscal year thereafter, the governing board of the school district shall not adopt a budget before the governing board of the school district adopts a local control and accountability plan, if an existing local control and accountability plan or annual update to a local control and accountability plan is not effective for the budget year. The governing board of a school district shall not adopt a budget that does not include the expenditures necessary to implement the local control and accountability plan or the annual update to a local control and accountability plan that is effective for the budget year.
(B)(i)Commencing with budgets adopted for the 201617 fiscal year, the governing board of a school district that proposes to adopt a budget that includes unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128 shall, at the public hearing held pursuant to paragraph (1), provide all of the following for public review and discussion:
(I)The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.
(II)The unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.
(III)A statement of reasons explaining the unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year that the school district identifies any unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties, as identified pursuant to subclause (II).
(ii)Commencing with the 201617 fiscal year, the governing board of a school district shall adopt a policy establishing procedures for reporting the fund balances as reflected in the school districts governmental fund financial statements. The policy shall outline how the school districts fund balances are intended to ensure that adequate financial resources are available to address revenue shortfalls, unanticipated expenditures, planned future one-time expenses, and any other financial or educational needs of the district. The policy shall include a requirement for an annual report to the governing board of the school district in a public meeting at the same meeting as budget adoption.
(C)The governing board of a school district shall include the information required pursuant to subparagraph (B) in its budgetary submission at the time it files an adopted or revised budget with the county superintendent of schools. The information required pursuant to subparagraph (B) shall be maintained and made available for public review.
(b)The county superintendent of schools may accept changes in any statement included in the budget, pursuant to subdivision (a), of the amount or portion for which a property tax levy shall not be made. The county superintendent of schools or the county auditor shall compute the actual amounts to be levied on the property tax rolls of the school district for purposes that exceed apportionments to the school district pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Each school district shall provide all data needed by the county superintendent of schools or the county auditor to compute the amounts. On or before August 15, the county superintendent of schools shall transmit the amounts computed to the county auditor who shall compute the tax rates necessary to produce the amounts. On or before September 1, the county auditor shall submit the rate computed to the board of supervisors for adoption.
(c)The county superintendent of schools shall do all of the following:
(1)Examine the adopted budget to determine whether it complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets. The county superintendent of schools shall identify, if necessary, technical corrections that are required to be made to bring the budget into compliance with those standards and criteria.
(2)Determine whether the adopted budget will allow the school district to meet its financial obligations during the fiscal year and is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments. In addition to his or her own analysis of the budget of each school district, the county superintendent of schools shall review and consider studies, reports, evaluations, or audits of the school district that were commissioned by the school district, the county superintendent of schools, the Superintendent, and state control agencies and that contain evidence that the school district is showing fiscal distress under the standards and criteria adopted in Section 33127 or that contain a finding by an external reviewer that more than 3 of the 15 most common predictors of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team, are present. The county superintendent of schools shall either conditionally approve or disapprove a budget that does not provide adequate assurance that the school district will meet its current and future obligations and resolve any problems identified in studies, reports, evaluations, or audits described in this paragraph.
(3)Determine whether the adopted budget includes the expenditures necessary to implement the local control and accountability plan or annual update to the local control and accountability plan approved by the county superintendent of schools.
(4)Verify that the school district complied with the requirements of subparagraphs (B) and (C) of paragraph (2) of subdivision (a).
(d)(1)On or before September 15, the county superintendent of schools shall approve, conditionally approve, or disapprove the adopted budget for each school district. For the 201415 fiscal year and each fiscal year thereafter, the county superintendent of schools shall disapprove a budget if the county superintendent of schools determines that the budget does not include the expenditures necessary to implement a local control and accountability plan or an annual update to the local control and accountability plan approved by the county superintendent of schools. If the governing board of a school district does not submit a budget to the county superintendent of schools, the county superintendent of schools shall develop, at school district expense, a budget for that school district by September 15 and transmit that budget to the governing board of the school district. The budget prepared by the county superintendent of schools shall be deemed adopted, unless the county superintendent of schools approves any modifications made by the governing board of the school district. The budget prepared by the county superintendent of schools shall also comply with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). The approved budget shall be used as a guide for the school districts priorities. The Superintendent shall review and certify the budget approved by the county superintendent of schools. If, pursuant to the review conducted pursuant to subdivision (c), the county superintendent of schools determines that the adopted budget for a school district does not satisfy paragraph (1), (2), (3), or (4) of that subdivision, he or she shall conditionally approve or disapprove the budget and, not later than September 15, transmit to the governing board of the school district, in writing, his or her recommendations regarding revision of the budget and the reasons for those recommendations, including, but not limited to, the amounts of any budget adjustments needed before he or she can approve that budget. The county superintendent of schools may assign a fiscal adviser to assist the school district to develop a budget in compliance with those revisions. In addition, the county superintendent of schools may appoint a committee to examine and comment on the county superintendent of schools review and recommendations, subject to the requirement that the committee report its findings to the county superintendent of schools no later than September 20.
(2) Notwithstanding any other provision of this article, for the 201415 fiscal year and each fiscal year thereafter, the budget shall not be adopted or approved by the county superintendent of schools before a local control and accountability plan or update to an existing local control and accountability plan for the budget year is approved.
(3)If the adopted budget of a school district is conditionally approved or disapproved pursuant to paragraph (1), on or before October 8, the governing board of the school district, in conjunction with the county superintendent of schools, shall review and respond to the recommendations of the county superintendent of schools at a regular meeting of the governing board of the school district. The response shall include any revisions to the adopted budget and other proposed actions to be taken, if any, as a result of those recommendations.
(e)On or before October 22, the county superintendent of schools shall provide a list to the Superintendent identifying all school districts for which budgets may be disapproved.
(f)(1)The county superintendent of schools shall examine the revised budget as provided in paragraph (3) of subdivision (d) to determine whether it (A) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (B) allows the school district to meet its financial obligations during the fiscal year, (C) satisfies all conditions established by the county superintendent of schools in the case of a conditionally approved budget, (D) is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments, and, not later than November 8, shall approve or disapprove the revised budget, and (E) whether the revised budget complies with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). If the county superintendent of schools disapproves the budget, he or she shall call for the formation of a budget review committee pursuant to Section 42127.1, unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools immediately has the authority and responsibility provided in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31. If no budget is adopted by December 31, the Superintendent may adopt a budget for the school district. The Superintendent shall report to the Legislature and the Director of Finance by January 10 if any school district, including a school district that has received a waiver of the budget review committee process, does not have an adopted budget by December 31. This report shall include the reasons why a budget has not been adopted by the deadline, the steps being taken to finalize budget adoption, the date the adopted budget is anticipated, and whether the Superintendent has or will exercise his or her authority to adopt a budget for the school district.
(2)Notwithstanding any other law, for the 201415 fiscal year and each fiscal year thereafter, if the county superintendent of schools disapproves the budget for the sole reason that the county superintendent of schools has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by the governing board of the school district pursuant to Section 52070, the county superintendent of schools shall not call for the formation of a budget review committee pursuant to Section 42127.1.
(g)Not later than November 8, the county superintendent of schools shall submit a report to the Superintendent identifying all school districts for which budgets have been disapproved or budget review committees waived. The report shall include a copy of the written response transmitted to each of those school districts pursuant to paragraph (1) of subdivision (d).
(h)Not later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.
(i)Any school district for which the county board of education serves as the governing board of the school district is not subject to subdivisions (c) to (h), inclusive, but is governed instead by the budget procedures set forth in Section 1622.
SEC. 2.Section 42127.01 of the Education Code is amended to read:42127.01.(a)In a fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account, a school district budget that is adopted or revised pursuant to Section 42127 shall not contain unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of 17 15 percent of those funds.
(b)A county superintendent of schools shall grant a school district under its jurisdiction an exemption from the requirements of subdivision (a) for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances, including, but not limited to, multiyear infrastructure or technology projects, substantiate the need for unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of the amount described in subdivision (a).
(c)Each county superintendent of schools shall adopt a policy establishing the procedures for submitting exemption requests and the criteria by which the county superintendent of schools shall determine whether extraordinary fiscal circumstances exist.
(c)The governing board of a school district, at budget adoption and as part of the reports required in Article 3 (commencing with Section 42130), shall report in a public meeting its assigned and unassigned fund balances in the school districts general fund and special reserve fund for other than capital outlay projects. The report shall include a description of the amounts and intended purpose for each assignment of funds, the date or time period when those funds are expected to be expended, and any changes from the previous report.
(d)This section shall not apply to school districts with fewer than 2,501 units of average daily attendance or to basic aid school districts, defined as those school districts that do not receive funding from the state pursuant to Section 42238.02 or 42238.03. attendance.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)On or before July 1 of each year, the governing board of each school district shall accomplish the following:
(1)Hold a public hearing conducted in accordance with Section 42103 on the budget to be adopted for the subsequent fiscal year. The budget to be adopted shall be prepared in accordance with Section 42126. The agenda for that hearing shall be posted at least 72 hours before the public hearing and shall include the location where the budget will be available for public inspection.
(2)(A)Adopt a budget. Not later than five days after that adoption or by July 1, whichever occurs first, the governing board of the school district shall file that budget with the county superintendent of schools. The budget and supporting data shall be maintained and made available for public review. If the governing board of the school district does not want all or a portion of the property tax requirement levied for the purpose of making payments for the interest and redemption charges on indebtedness as described in paragraph (1) or (2) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution, the budget shall include a statement of the amount or portion for which a levy shall not be made. For the 201415 fiscal year and each fiscal year thereafter, the governing board of the school district shall not adopt a budget before the governing board of the school district adopts a local control and accountability plan, if an existing local control and accountability plan or annual update to a local control and accountability plan is not effective for the budget year. The governing board of a school district shall not adopt a budget that does not include the expenditures necessary to implement the local control and accountability plan or the annual update to a local control and accountability plan that is effective for the budget year.
(B)(i)Commencing with budgets adopted for the 201516 201617 fiscal year, the governing board of a school district that proposes to adopt a budget that includes a combined assigned and unassigned ending fund balance balances in the school districts general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, 33128 shall, at the public hearing held pursuant to paragraph (1), provide all of the following for public review and discussion:
(i)
(I)The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.
(ii)
(II)The combined assigned and unassigned ending fund balances in the school districts general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.
(iii)
(III)A statement of reasons that substantiates the need for an assigned and explaining the unassigned ending fund balance that is balances in the school districts general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year that the school district identifies an assigned and any unassigned ending fund balance balances that is are in excess of the minimum recommended reserve for economic uncertainties, as identified pursuant to clause (ii). subclause (II).
(ii)Commencing with the 201617 fiscal year, the governing board of a school district shall adopt a policy establishing procedures for reporting the fund balances as reflected in the school districts governmental fund financial statements. The policy shall outline how the school districts fund balances are intended to ensure that adequate financial resources are available to address revenue shortfalls, unanticipated expenditures, planned future one-time expenses, and any other financial or educational needs of the district. The policy shall include a requirement for an annual report to the governing board of the school district in a public meeting at the same meeting as budget adoption.
(C)The governing board of a school district shall include the information required pursuant to subparagraph (B) in its budgetary submission each time at the time it files an adopted or revised budget with the county superintendent of schools. The information required pursuant to subparagraph (B) shall be maintained and made available for public review.
(b)The county superintendent of schools may accept changes in any statement included in the budget, pursuant to subdivision (a), of the amount or portion for which a property tax levy shall not be made. The county superintendent of schools or the county auditor shall compute the actual amounts to be levied on the property tax rolls of the school district for purposes that exceed apportionments to the school district pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Each school district shall provide all data needed by the county superintendent of schools or the county auditor to compute the amounts. On or before August 15, the county superintendent of schools shall transmit the amounts computed to the county auditor who shall compute the tax rates necessary to produce the amounts. On or before September 1, the county auditor shall submit the rate computed to the board of supervisors for adoption.
(c)The county superintendent of schools shall do all of the following:
(1)Examine the adopted budget to determine whether it complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets. The county superintendent of schools shall identify, if necessary, technical corrections that are required to be made to bring the budget into compliance with those standards and criteria.
(2)Determine whether the adopted budget will allow the school district to meet its financial obligations during the fiscal year and is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments. In addition to his or her own analysis of the budget of each school district, the county superintendent of schools shall review and consider studies, reports, evaluations, or audits of the school district that were commissioned by the school district, the county superintendent of schools, the Superintendent, and state control agencies and that contain evidence that the school district is showing fiscal distress under the standards and criteria adopted in Section 33127 or that contain a finding by an external reviewer that more than 3 of the 15 most common predictors of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team, are present. The county superintendent of schools shall either conditionally approve or disapprove a budget that does not provide adequate assurance that the school district will meet its current and future obligations and resolve any problems identified in studies, reports, evaluations, or audits described in this paragraph.
(3)Determine whether the adopted budget includes the expenditures necessary to implement the local control and accountability plan or annual update to the local control and accountability plan approved by the county superintendent of schools.
(4)Determine whether the adopted budget includes a combined assigned and unassigned ending fund balance that exceeds the minimum recommended reserve for economic uncertainties. If the adopted budget includes a combined assigned and unassigned ending fund balance that exceeds the minimum recommended reserve for economic uncertainties, the county superintendent of schools shall verify
(4)Verify that the school district complied with the requirements of subparagraphs (B) and (C) of paragraph (2) of subdivision (a).
(d)(1)On or before September 15, the county superintendent of schools shall approve, conditionally approve, or disapprove the adopted budget for each school district. For the 201415 fiscal year and each fiscal year thereafter, the county superintendent of schools shall disapprove a budget if the county superintendent of schools determines that the budget does not include the expenditures necessary to implement a local control and accountability plan or an annual update to the local control and accountability plan approved by the county superintendent of schools. If the governing board of a school district does not submit a budget to the county superintendent of schools, the county superintendent of schools shall develop, at school district expense, a budget for that school district by September 15 and transmit that budget to the governing board of the school district. The budget prepared by the county superintendent of schools shall be deemed adopted, unless the county superintendent of schools approves any modifications made by the governing board of the school district. The budget prepared by the county superintendent of schools shall also comply with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). The approved budget shall be used as a guide for the school districts priorities. The Superintendent shall review and certify the budget approved by the county. county superintendent of schools. If, pursuant to the review conducted pursuant to subdivision (c), the county superintendent of schools determines that the adopted budget for a school district does not satisfy paragraph (1), (2), (3), or (4) of that subdivision, he or she shall conditionally approve or disapprove the budget and, not later than September 15, transmit to the governing board of the school district, in writing, his or her recommendations regarding revision of the budget and the reasons for those recommendations, including, but not limited to, the amounts of any budget adjustments needed before he or she can approve that budget. The county superintendent of schools may assign a fiscal adviser to assist the school district to develop a budget in compliance with those revisions. In addition, the county superintendent of schools may appoint a committee to examine and comment on the superintendents county superintendent of schools review and recommendations, subject to the requirement that the committee report its findings to the county superintendent of schools no later than September 20.
(2) Notwithstanding any other provision of this article, for the 201415 fiscal year and each fiscal year thereafter, the budget shall not be adopted or approved by the county superintendent of schools before a local control and accountability plan or update to an existing local control and accountability plan for the budget year is approved.
(3)If the adopted budget of a school district is conditionally approved or disapproved pursuant to paragraph (1), on or before October 8, the governing board of the school district, in conjunction with the county superintendent of schools, shall review and respond to the recommendations of the county superintendent of schools at a regular meeting of the governing board of the school district. The response shall include any revisions to the adopted budget and other proposed actions to be taken, if any, as a result of those recommendations.
(e)On or before October 22, the county superintendent of schools shall provide a list to the Superintendent identifying all school districts for which budgets may be disapproved.
(f)(1)The county superintendent of schools shall examine the revised budget as provided in paragraph (3) of subdivision (d) to determine whether it (A) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (B) allows the school district to meet its financial obligations during the fiscal year, (C) satisfies all conditions established by the county superintendent of schools in the case of a conditionally approved budget, (D) is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments, and, not later than November 8, shall approve or disapprove the revised budget, and (E) whether the revised budget complies with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). If the county superintendent of schools disapproves the budget, he or she shall call for the formation of a budget review committee pursuant to Section 42127.1, unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools immediately has the authority and responsibility provided in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31. If no budget is adopted by December 31, the Superintendent may adopt a budget for the school district. The Superintendent shall report to the Legislature and the Director of Finance by January 10 if any school district, including a school district that has received a waiver of the budget review committee process, does not have an adopted budget by December 31. This report shall include the reasons why a budget has not been adopted by the deadline, the steps being taken to finalize budget adoption, the date the adopted budget is anticipated, and whether the Superintendent has or will exercise his or her authority to adopt a budget for the school district.
(2)Notwithstanding any other law, for the 201415 fiscal year and each fiscal year thereafter, if the county superintendent of schools disapproves the budget for the sole reason that the county superintendent of schools has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by the governing board of the school district pursuant to Section 52070, the county superintendent of schools shall not call for the formation of a budget review committee pursuant to Section 42127.1.
(g)Not later than November 8, the county superintendent of schools shall submit a report to the Superintendent identifying all school districts for which budgets have been disapproved or budget review committees waived. The report shall include a copy of the written response transmitted to each of those school districts pursuant to paragraph (1) of subdivision (d).
(h)Not later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.
(i)Any school district for which the county board of education serves as the governing board of the school district is not subject to subdivisions (c) to (h), inclusive, but is governed instead by the budget procedures set forth in Section 1622.
SEC. 2.Section 42127.01 of the Education Code is amended to read:42127.01.(a)In a fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account, a school district budget that is adopted or revised pursuant to Section 42127 shall not contain a combined assigned or unassigned ending fund balance that is balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of the following: 17 percent of those funds.
(1)For school districts with fewer than 400,000 units of average daily attendance, the sum of the school districts applicable minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, multiplied by two.
(2)For school districts with more than 400,000 units of average daily attendance, the sum of the school districts applicable minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, multiplied by three.
(b)A county superintendent of schools may shall grant a school district under its jurisdiction an exemption from the requirements of subdivision (a) for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances, including, but not limited to, multiyear infrastructure or technology projects, substantiate the need for a combined assigned or unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties. As a condition of receiving an exception, a school district shall do all of the following: unassigned ending balances in the school districts general fund and special reserve fund for other than capital outlay projects in excess of the amount described in subdivision (a).
(1)Provide a statement that substantiates the need for an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties.
(2)Identify the funding amounts in the budget adopted by the school district that are associated with the extraordinary fiscal circumstances.
(3)Provide documentation that no other fiscal resources are available to fund the extraordinary fiscal circumstances.
(c)This section shall become operative on December 15, 2014, only if Assembly Constitutional Amendment No. 1 of the 201314 Second Extraordinary Session is approved by the voters at the November 4, 2014, statewide general election. If Assembly Constitutional Amendment No. 1 of the 201314 Second Extraordinary Session is not approved by the voters at the November 4, 2014, statewide general election, this section shall not become operative and is repealed on January 1, 2015.
(c)Each county superintendent of schools shall adopt a policy establishing the procedures for submitting exemption requests and the criteria by which the county superintendent of schools shall determine whether extraordinary fiscal circumstances exist.
(d)This section shall not apply to school districts with fewer than 2,501 units of average daily attendance or to basic aid school districts, defined as those school districts that do not receive funding from the state pursuant to Section 42238.02 or 42238.03.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 5055 of the Business and Professions Code is amended to read:5055.Any person who has received from the board a certificate of certified public accountant, or who is authorized to practice public accountancy in this state pursuant to Article 5.1 (commencing with Section 5096), may, subject to Section 5051, be styled and known as a certified public accountant and may also use the abbreviation C.P.A. No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a certified public accountant.
SEC. 2.Section 5070.1 of the Business and Professions Code is amended to read:5070.1.(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 3.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 4.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)Notwithstanding subdivision (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 5.Section 7083 of the Business and Professions Code is amended to read:7083.(a)Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 6.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 persons who are blind or visually impaired and at least two of them shall be persons who are blind or visually impaired who use guide dogs.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 7200.5 of the Business and Professions Code is amended to read:7200.5.The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs.
SEC. 8.Section 7200.7 of the Business and Professions Code is amended to read:7200.7.A fee equal to no more than 0.005 of all school expenses incurred in the most recently concluded school fiscal year, as specified in the audit required under Section 7217, shall be paid no later than April 30 of each year for renewal of a schools license pursuant to Section 7200.5. The board shall, by regulation, define the exact amount of the fee. All fees collected pursuant to this section shall be deposited into the Guide Dogs for the Blind Fund, which is hereby created.
SEC. 9.Section 7201 of the Business and Professions Code is amended to read:7201.No person shall be eligible to membership in the board who is a stockholder in, or an owner of, or financially interested directly or indirectly, in any company, organization, or concern supplying, delivering, or furnishing any guide dogs for use by persons who are blind or visually impaired.
SEC. 10.Section 7202 of the Business and Professions Code is amended to read:7202.Each of the appointed members of the board shall hold office for a term of four years and until his or her successor is appointed and qualified or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as an appointed member of the board for more than two consecutive terms.
SEC. 11.Section 7208 of the Business and Professions Code is amended to read:7208.Pursuant to the provisions of the Administrative Procedure Act the board may make such rules and regulations as are reasonably necessary to:
(a)Govern the procedure of the board.
(b)Govern the admission of applicants for examination for license to instruct persons who are blind or visually impaired in the use of guide dogs or to engage in the business of training, selling, hiring, or being in the business of supplying guide dogs for persons who are blind or visually impaired.
(c)Govern the operation of schools which furnish guide dogs and train persons who are blind or visually impaired to use guide dogs.
(d)The reissuance of licenses.
(e)The reexamination of licensees.
SEC. 12.Section 7209 of the Business and Professions Code is amended to read:7209.A person to be eligible for examination as an instructor must (a)have a knowledge of the special problems of persons who are blind or visually impaired and how to teach them, (b)be able to demonstrate by actual blindfold test under traffic conditions his or her ability to train guide dogs with whom persons who are blind or visually impaired would be safe, (c)be suited temperamentally and otherwise to instruct persons who are blind or visually impaired in the use of guide dogs, and (d)have had at least three years actual experience, comprising such number of hours as the board may require, as an instructor, and have handled 22 person-dog units; or its equivalent, as determined by the board, as an apprentice under a licensed instructor or under an instructor in a school satisfactory to the board.
SEC. 13.Section 7209.5 of the Business and Professions Code is amended to read:7209.5.Except as the context otherwise requires, as used in this chapter the term instructor means a person who instructs persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired.
SEC. 14.Section 7210.5 of the Business and Professions Code is amended to read:7210.5.It is unlawful to solicit funds for any person purporting to provide guide dogs for persons who are blind or visually impaired in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section person means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.
SEC. 15.Section 7211.1 of the Business and Professions Code is amended to read:7211.1.(a)As a condition of renewal of an instructors license, the instructor shall provide proof of completion of not less than 8 hours of continuing education. The board shall determine the form of proof.
(b)Continuing education shall meet the criteria specified in Section 166, and shall be in one or more of the following subject matter areas:
(1)Blindness and mobility.
(2)Health issues relating to blindness.
(3)Instructing persons who are blind or visually impaired.
(4)Care and training of dogs.
SEC. 16.Section 7211.2 of the Business and Professions Code is amended to read:7211.2.A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
SEC. 17.Section 7215 of the Business and Professions Code is amended to read:7215.No person shall sell, give, or furnish any guide dog to a person who is blind or visually impaired unless the following requirements have been met:
(a)The dog has been immunized against distemper and rabies.
(b)The dog has been spayed or neutered.
(c)The dog has been examined by a licensed veterinarian and found to be in good health.
A certificate from a veterinarian certifying to the foregoing shall be delivered to the recipient of the dog at the time the dog is assigned to a client.
SEC. 18.Section 7215.5 of the Business and Professions Code is amended to read:7215.5.(a)During the first year following the successful training of each person-dog unit, and release from a guide dog training school of the trained person supplied with a guide dog, the school may retain title to the trained dog. During this probationary year, the school may enter into a contractual agreement with the user of the dog describing the conditions under which the user may maintain the status of legal custodian of the dog. During the probationary year, the school, acting in what it deems to be the best interest of the user, the dog, or the public, may temporarily or permanently resume possession of the dog.
(b)Within 15 days after the end of each fiscal year, each licensed school shall report to the board the following:
(1)The number of dog ownership titles transferred to dog users pursuant to this section during the calendar year.
(2)The number of title recoveries and repossessions made by the school pursuant to this section during the calendar year.
(3)The number, type, and amount of charges assessed for followup training, instruction, veterinary, or boarding services, pursuant to this section, which make a distinction between users who have acquired title to their dogs and users who have not acquired title.
(4)The views of the governing entity of the school as to any problems or concerns relative to compliance with the provisions of this section, along with recommendations for appropriate legislative or administrative changes commensurate with the purposes of this section.
(c)Immediately upon completion of the first year following the successful training referred to above, if the training school and the dog user are mutually satisfied with the operation of the person-dog unit, title to the dog shall be transferred to the user who is blind or visually impaired if the user so desires. Transfer of title shall be evidenced by a transfer of title agreement executed by both parties thereto. The school may retain an option to recover title and possession to the guide dog subject to conditions described in the transfer of title agreement. These conditions may include, but are not limited to, the following:
(1)If in the schools opinion, the guide dog is being misused or neglected or mistreated by its user who is blind or visually impaired.
(2)If the user to whom the dog was furnished has ceased to use the dog as a guide and the dog is not too old to be retrained as a guide for another person who is blind or visually impaired.
(3)If, in the schools opinion, the dog is no longer a safe guide and the user refuses to cease using the dog as a guide after being requested by the school to cease this use.
(d)The guide dog school shall make no distinction as to the quality or extent of followup or supportive services available to its blind graduates based on whether they elect to acquire title to their dogs or allow title to remain with the school after the probationary year. The school may, however, make this distinction when assessing reasonable and appropriate charges for followup training, instruction, veterinary, or boarding services.
(e)No applicant for admission to a guide dog training school, nor any enrolled student, shall be required by the school prior to completion of his or her training to sign any instrument or to announce his or her intention regarding transfer of title of the dog from the school to himself or herself upon completion of the training and probation period.
SEC. 19.Section 7217 of the Business and Professions Code is amended to read:7217.(a)Within 60 days after the termination of the fiscal year of a school, there shall be furnished to the board the following:
(1)A list of students accepted for training and those who have completed training.
(2)A list of the number of dogs trained.
(b)Within 90 days after the end of a fiscal year, there shall be furnished to the board an independent audit of the schools finances by a certified public accountant licensed by this state.
SEC. 20.Section 7685 of the Business and Professions Code is amended to read:7685.(a)(1)Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, which may include the funeral directors services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2)The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, prior to the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3)The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by any individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b)(1)Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishments general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2)Information posted pursuant to paragraph (1) shall be provided by a link from the homepage of the Internet Web site with a word or combination of words, including, but not limited to, goods, merchandise, products, or services.
(3)An establishment that posts on its Internet Web site home page the words price information or a similar phrase that includes the word price, with a link that leads to the establishments general price list, need not comply with paragraphs (1) or (2).
(4)Nothing in this subdivision shall be construed to affect an establishments obligations under federal or state law effective prior to January 1, 2013.
(5)This subdivision shall become operative on January 1, 2013.
SEC. 21.Section 7818 of the Business and Professions Code is amended to read:7818.The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend or repeal rules and regulations to carry out the provisions of this chapter.
SEC. 22.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents that are used for persons and their convenience.
SEC. 23.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 24.Section 8516.5 of the Business and Professions Code is repealed.SEC. 25.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter.
SEC. 26.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 27.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 28.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 29.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.
Any person who has received from the board a certificate of certified public accountant accountant, or who is authorized to practice public accountancy in this state pursuant to Article 5.1 (commencing with Section 5096), may, subject to Section 5051, be styled and known as a certified public accountant and may also use the abbreviation C.P.A. No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a certified public accountant.
SECTION 1.SEC. 2.Section 5070.1 of the Business and Professions Code is amended to read:5070.1.(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 2.SEC. 3.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 3.SEC. 4.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)Notwithstanding subdivision (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 4.SEC. 5.Section 7083 of the Business and Professions Code is amended to read:7083.(a)Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 5.SEC. 6.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 persons who are blind or visually impaired and at least two of them shall be persons who are blind or visually impaired who use guide dogs.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 6.SEC. 7.Section 7200.5 of the Business and Professions Code is amended to read:7200.5.The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs.
SEC. 7.SEC. 8.Section 7200.7 of the Business and Professions Code is amended to read:7200.7.A fee equal to no more than 0.005 of all school expenses incurred in the most recently concluded school fiscal year, as specified in the audit required under Section 7217, shall be paid no later than April 30 of each year for renewal of a schools license pursuant to Section 7200.5. The board shall, by regulation, define the exact amount of the fee. All fees collected pursuant to this section shall be deposited into the Guide Dogs for the Blind Fund, which is hereby created.
SEC. 8.SEC. 9.Section 7201 of the Business and Professions Code is amended to read:7201.No person shall be eligible to membership in the board who is a stockholder in, or an owner of, or financially interested directly or indirectly, in any company, organization, or concern supplying, delivering, or furnishing any guide dogs for use by persons who are blind or visually impaired.
SEC. 9.SEC. 10.Section 7202 of the Business and Professions Code is amended to read:7202.Each of the appointed members of the board shall hold office for a term of four years and until his or her successor is appointed and qualified or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as an appointed member of the board for more than two consecutive terms.
SEC. 10.SEC. 11.Section 7208 of the Business and Professions Code is amended to read:7208.Pursuant to the provisions of the Administrative Procedure Act the board may make such rules and regulations as are reasonably necessary to:
(a)Govern the procedure of the board.
(b)Govern the admission of applicants for examination for license to instruct persons who are blind or visually impaired in the use of guide dogs or to engage in the business of training, selling, hiring, or being in the business of supplying guide dogs for persons who are blind or visually impaired.
(c)Govern the operation of schools which furnish guide dogs and train persons who are blind or visually impaired to use guide dogs.
(d)The reissuance of licenses.
(e)The reexamination of licensees.
SEC. 11.SEC. 12.Section 7209 of the Business and Professions Code is amended to read:7209.A person to be eligible for examination as an instructor must (a)have a knowledge of the special problems of persons who are blind or visually impaired and how to teach them, (b)be able to demonstrate by actual blindfold test under traffic conditions his or her ability to train guide dogs with whom persons who are blind or visually impaired would be safe, (c)be suited temperamentally and otherwise to instruct persons who are blind or visually impaired in the use of guide dogs, and (d)have had at least three years actual experience, comprising such number of hours as the board may require, as an instructor, and have handled 22 person-dog units; or its equivalent, as determined by the board, as an apprentice under a licensed instructor or under an instructor in a school satisfactory to the board.
SEC. 12.SEC. 13.Section 7209.5 of the Business and Professions Code is amended to read:7209.5.Except as the context otherwise requires, as used in this chapter the term instructor means a person who instructs persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired.
SEC. 13.SEC. 14.Section 7210.5 of the Business and Professions Code is amended to read:7210.5.It is unlawful to solicit funds for any person purporting to provide guide dogs for persons who are blind or visually impaired in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section person means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.
SEC. 14.SEC. 15.Section 7211.1 of the Business and Professions Code is amended to read:7211.1.(a)As a condition of renewal of an instructors license, the instructor shall provide proof of completion of not less than 8 hours of continuing education. The board shall determine the form of proof.
(b)Continuing education shall meet the criteria specified in Section 166, and shall be in one or more of the following subject matter areas:
(1)Blindness and mobility.
(2)Health issues relating to blindness.
(3)Instructing persons who are blind or visually impaired.
(4)Care and training of dogs.
SEC. 15.SEC. 16.Section 7211.2 of the Business and Professions Code is amended to read:7211.2.A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information information, or indictment.
SEC. 16.SEC. 17.Section 7215 of the Business and Professions Code is amended to read:7215.No person shall sell, give, or furnish any guide dog to a person who is blind or visually impaired unless the following requirements have been met:
(a)The dog has been immunized against distemper and rabies.
(b)The dog has been spayed or neutered.
(c)The dog has been examined by a licensed veterinarian and found to be in good health.
A certificate from a veterinarian certifying to the foregoing shall be delivered to the recipient of the dog at the time the dog is assigned to a client.
SEC. 17.SEC. 18.Section 7215.5 of the Business and Professions Code is amended to read:7215.5.(a)During the first year following the successful training of each person-dog unit, and release from a guide dog training school of the trained person supplied with a guide dog, the school may retain title to the trained dog. During this probationary year, the school may enter into a contractual agreement with the user of the dog describing the conditions under which the user may maintain the status of legal custodian of the dog. During the probationary year, the school, acting in what it deems to be the best interest of the user, the dog, or the public, may temporarily or permanently resume possession of the dog.
Within
(b)Within 15 days after the end of each fiscal year, each licensed school shall report to the board the following:
(1)The number of dog ownership titles transferred to dog users pursuant to this section during the calendar year.
(2)The number of title recoveries and repossessions made by the school pursuant to this section during the calendar year.
(3)The number, type, and amount of charges assessed for followup training, instruction, veterinary, or boarding services, pursuant to this section, which make a distinction between users who have acquired title to their dogs and users who have not acquired title.
(4)The views of the governing entity of the school as to any problems or concerns relative to compliance with the provisions of this section, along with recommendations for appropriate legislative or administrative changes commensurate with the purposes of this section.
Immediately
(c)Immediately upon completion of the first year following the successful training referred to above, if the training school and the dog user are mutually satisfied with the operation of the person-dog unit, title to the dog shall be transferred to the user who is blind or visually impaired if the user so desires. Transfer of title shall be evidenced by a transfer of title agreement executed by both parties thereto. The school may retain an option to recover title and possession to the guide dog subject to conditions described in the transfer of title agreement. These conditions may include, but are not limited to, the following:
(1)If in the schools opinion, the guide dog is being misused or neglected or mistreated by its user who is blind or visually impaired.
(2)If the user to whom the dog was furnished has ceased to use the dog as a guide and the dog is not too old to be retrained as a guide for another person who is blind or visually impaired.
(3)If, in the schools opinion, the dog is no longer a safe guide and the user refuses to cease using the dog as a guide after being requested by the school to cease this use.
The
(d)The guide dog school shall make no distinction as to the quality or extent of followup or supportive services available to its blind graduates based on whether they elect to acquire title to their dogs or allow title to remain with the school after the probationary year. The school may, however, make this distinction when assessing reasonable and appropriate charges for followup training, instruction, veterinary, or boarding services.
No
(e)No applicant for admission to a guide dog training school, nor any enrolled student, shall be required by the school prior to completion of his or her training to sign any instrument or to announce his or her intention regarding transfer of title of the dog from the school to himself or herself upon completion of the training and probation period.
SEC. 18.SEC. 19.Section 7217 of the Business and Professions Code is amended to read:7217.(a)Within 60 days after the termination of the fiscal year of a school, there shall be furnished to the board the following:
(1)A list of students accepted for training and those who have completed training.
(2)A list of the number of dogs trained.
(b)Within 90 days after the end of a fiscal year, there shall be furnished to the board an independent audit of the schools finances by a certified public accountant licensed by this state.
SEC. 19.SEC. 20.Section 7685 of the Business and Professions Code is amended to read:7685.(a)(1)Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, which may include the funeral directors services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2)The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, prior to the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3)The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by any individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b)(1)Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishments general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2)Information posted pursuant to paragraph (1) shall be provided by a link from the homepage of the Internet Web site with a word or combination of words, including, but not limited to, goods, merchandise, products, or services.
(3)An establishment that posts on its Internet Web site home page the words price information or a similar phrase that includes the word price, with a link that leads to the establishments general price list, need not comply with paragraphs (1) or (2).
(4)Nothing in this subdivision shall be construed to affect an establishments obligations under federal or state law effective prior to January 1, 2013.
(5)This subdivision shall become operative on January 1, 2013.
SEC. 21.Section 7818 of the Business and Professions Code is amended to read:7818.The board, pursuant to the provisions contained in Chapter 4.5 3.5 (commencing with Section 11371) 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend or repeal rules and regulations to carry out the provisions of this chapter.
SEC. 20.SEC. 22.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents that are used for persons and their convenience.
SEC. 21.SEC. 23.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 22.SEC. 24.Section 8516.5 of the Business and Professions Code is repealed.SEC. 23.SEC. 25.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter.
SEC. 24.SEC. 26.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 25.SEC. 27.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 26.SEC. 28.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology, as authorized pursuant to paragraph (6) of subdivision (a) of Section 7211 of the Corporations Code. technology.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 27.SEC. 29.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.
(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 2.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 3.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)Notwithstanding subdivision (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 4.Section 7083 of the Business and Professions Code is amended to read:7083.(a)Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 5.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, persons who are blind or visually impaired and at least two of them shall be blind persons persons who are blind or visually impaired who use guide dogs.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 6.Section 7200.5 of the Business and Professions Code is amended to read:7200.5.The board shall have exclusive authority in this state to issue licenses for the instruction of blind persons persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by blind persons. persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs for the blind, and the instruction of blind persons persons who are blind or visually impaired in the use of guide dogs.
SEC. 7.Section 7200.7 of the Business and Professions Code is amended to read:7200.7.A fee equal to no more than 0.005 of all school expenses incurred in the most recently concluded school calendar fiscal year, as specified in the audit required under Section 7217, shall be paid no later than April 30 of each year for renewal of a schools license pursuant to Section 7200.5. The board shall, by regulation, define the exact amount of the fee. All fees collected pursuant to this section shall be deposited into the Guide Dogs for the Blind Fund, which is hereby created.
SEC. 8.Section 7201 of the Business and Professions Code is amended to read:7201.No person shall be eligible to membership in the board who is a stockholder in, or an owner of, or financially interested directly or indirectly, in any company, organization, or concern supplying, delivering, or furnishing any guide dogs for use by the blind persons who are blind or visually impaired.
SEC. 9.Section 7202 of the Business and Professions Code is amended to read:7202.Each of the appointed members of the board shall hold office for a term of four years and until his successor is appointed and qualified or until one year shall have elapsed since the expiration of the term for which he was appointed, whichever first occurs. No person shall serve as an appointed member of the board for more than two consecutive terms, but this provision shall not apply to any member in office at the time this provision takes effect. terms.
SEC. 10.Section 7208 of the Business and Professions Code is amended to read:7208.Pursuant to the provisions of the Administrative Procedure Act the board may make such rules and regulations as are reasonably necessary to:
(a)Govern the procedure of the board.
(b)Govern the admission of applicants for examination for license to instruct blind persons persons who are blind or visually impaired in the use of guide dogs or to engage in the business of training, selling, hiring, or being in the business of supplying guide dogs for the blind. persons who are blind or visually impaired.
(c)Govern the operation of schools which furnish guide dogs and train blind persons persons who are blind or visually impaired to use guide dogs.
(d)The reissuance of licenses.
(e)The reexamination of licensees.
SEC. 11.Section 7209 of the Business and Professions Code is amended to read:7209.A person to be eligible for examination as an instructor must (1) (a)have a knowledge of the special problems of the blind persons who are blind or visually impaired and how to teach them, (2) (b)be able to demonstrate by actual blindfold test under traffic conditions his ability to train guide dogs with whom a blind person persons who are blind or visually impaired would be safe, (3) (c)be suited temperamentally and otherwise to instruct blind persons persons who are blind or visually impaired in the use of guide dogs, and (4) (d)have had at least three years actual experience, comprising such number of hours as the board may require, as an instructor, and have handled twenty-two (22) man-dog 22 person-dog units; or its equivalent, as determined by the board, as an apprentice under a licensed instructor or under an instructor in a school satisfactory to the board.
SEC. 12.Section 7209.5 of the Business and Professions Code is amended to read:7209.5.Except as the context otherwise requires, as used in this chapter the term instructor means a person who instructs blind persons persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for the blind. persons who are blind or visually impaired.
SEC. 13.Section 7210.5 of the Business and Professions Code is amended to read:7210.5.It is unlawful to solicit funds for any person purporting to provide guide dogs for the blind persons who are blind or visually impaired in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section person means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.
SEC. 14.Section 7211.1 of the Business and Professions Code is amended to read:7211.1.(a)As a condition of renewal of an instructors license, the instructor shall provide proof of completion of not less than 8 hours of continuing education. The board shall determine the form of proof.
(b)Continuing education shall meet the criteria specified in Section 166, and shall be in one or more of the following subject matter areas:
(1)Blindness and mobility.
(2)Health issues relating to blindness.
(3)Instructing blind persons. persons who are blind or visually impaired.
(4)Care and training of dogs.
(c)This section shall apply to renewal of instructors licenses which expire on or after June 30, 1996.
SEC. 15.Section 7211.2 of the Business and Professions Code is amended to read:7211.2.A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
SEC. 16.Section 7215 of the Business and Professions Code is amended to read:7215.No person shall sell, give, or furnish any guide dog to a blind person person who is blind or visually impaired unless the following requirements have been met:
(a)The dog has been immunized against distemper and rabies.
(b)The dog has been spayed or neutered.
(c)The dog has been examined by a licensed veterinarian and found to be in good health.
A certificate from a veterinarian certifying to the foregoing shall be delivered to the recipient of the dog at the time the dog is assigned to a client.
SEC. 17.Section 7215.5 of the Business and Professions Code is amended to read:7215.5.During the first year following the successful training of each person-dog unit, and release from a guide dog training school of the trained person supplied with a guide dog, the school may retain title to the trained dog. During this probationary year, the school may enter into a contractual agreement with the user of the dog describing the conditions under which the user may maintain the status of legal custodian of the dog. During the probationary year, the school, acting in what it deems to be the best interest of the user, the dog, or the public, may temporarily or permanently resume possession of the dog.
Within 15 days after the end of each calendar fiscal year, each licensed school shall report to the board the following:
(1)The number of dog ownership titles transferred to dog users pursuant to this section during the calendar year.
(2)The number of title recoveries and repossessions made by the school pursuant to this section during the calendar year.
(3)The number, type, and amount of charges assessed for followup training, instruction, veterinary, or boarding services, pursuant to this section, which make a distinction between users who have acquired title to their dogs and users who have not acquired title.
(4)The views of the governing entity of the school as to any problems or concerns relative to compliance with the provisions of this section, along with recommendations for appropriate legislative or administrative changes commensurate with the purposes of this section.
Immediately upon completion of the first year following the successful training referred to above, if the training school and the dog user are mutually satisfied with the operation of the person-dog unit, title to the dog shall be transferred to the blind user who is blind or visually impaired if the user so desires. Transfer of title shall be evidenced by a transfer of title agreement executed by both parties thereto. The school may retain an option to recover title and possession to the guide dog subject to conditions described in the transfer of title agreement. These conditions may include, but are not limited to, the following:
(1)If in the schools opinion, the guide dog is being misused or neglected or mistreated by its blind user. user who is blind or visually impaired.
(2)If the blind person user to whom the dog was furnished has ceased to use the dog as a guide and the dog is not too old to be retrained as a guide for another blind person. person who is blind or visually impaired.
(3)If, in the schools opinion, the dog is no longer a safe guide and the user refuses to cease using the dog as a guide after being requested by the school to cease this use.
The guide dog school shall make no distinction as to the quality or extent of followup or supportive services available to its blind graduates based on whether they elect to acquire title to their dogs or allow title to remain with the school after the probationary year. The school may, however, make this distinction when assessing reasonable and appropriate charges for followup training, instruction, veterinary, or boarding services.
No applicant for admission to a guide dog training school, nor any enrolled student, shall be required by the school prior to completion of his or her training to sign any instrument or to announce his or her intention regarding transfer of title of the dog from the school to himself or herself upon completion of the training and probation period.
SEC. 18.Section 7217 of the Business and Professions Code is amended to read:7217.(a)Within 60 days after the end of a calendar year or after the termination of the fiscal year of a school, there shall be furnished to the board the following:
(1)A list of students accepted for training and those who have completed training.
(2)A list of the number of dogs trained.
(b)Within 90 days after the end of a calendar fiscal year, there shall be furnished to the board an independent audit of the schools finances by a certified public accountant licensed by this state.
SEC. 19.Section 7685 of the Business and Professions Code is amended to read:7685.(a)(1)Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, which may include the funeral directors services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2)The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, prior to the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3)The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by any individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b)(1)Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishments general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2)Information posted pursuant to paragraph (1) shall be provided by a link from the home page homepage of the Internet Web site. site with a word or combination of words, including, but not limited to, goods, merchandise, products, or services.
(3)An establishment that posts on its Internet Web site home page the words price information or a similar phrase that includes the word price, with a link that leads to the establishments general price list, need not comply with paragraphs (1) or (2).
(4)Nothing in this subdivision shall be construed to affect an establishments obligations under federal or state law effective prior to January 1, 2013.
(5)This subdivision shall become operative on January 1, 2013.
SEC. 5. SEC. 20.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents that are used for persons and their convenience.
SEC. 6. SEC. 21.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 7. SEC. 22.Section 8516.5 of the Business and Professions Code is repealed.SEC. 8. SEC. 23.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter.
SEC. 9. SEC. 24.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 10. SEC. 25.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 11. SEC. 26.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology, as authorized pursuant to paragraph (6) of subdivision (a) of Section 7211 of the Corporations Code.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 12. SEC. 27.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.
(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity which that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 2.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a valid and unrevoked current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 3.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)(1)All civil engineering plans, calculations, specifications, and reports for the construction of structures described in paragraph (2) shall be prepared by, or under the responsible charge of, a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) or a licensed civil engineer who is also licensed as a structural engineer in accordance with Section 6736.
(2)All public school structures, as provided under Chapter 3 (commencing with Section 17251) of Part 10.5 of Division 1 of Title 1 of the Education Code.
(c)(1)All civil engineering plans, calculations, specifications, and reports for the construction of the structures described in paragraph (2) shall be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer in accordance with Section 6736.
(2)Hospitals and other medical facilities having surgery and emergency treatment areas, as provided under Part 7 (commencing with Section 129675) of Division 107 of the Health and Safety Code.
(d)
(b)Notwithstanding subdivision (a) or (b), (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 4.Section 7083 of the Business and Professions Code is amended to read:7083.All (a)Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
Failure
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
Failure
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 5.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents which that are used for man persons and his their convenience.
SEC. 6.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)The provisions of this section shall be applicable only to those registered companies, as defined in Section 8506.1, operating pursuant to a Branch 1 or Branch 3 registration.
(g)
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 7.Section 8516.5 of the Business and Professions Code is repealed.8516.5.Any registered company that makes an inspection of any property relating to the absence or presence of wood destroying pests or organisms on such property and makes a report of such inspection shall furnish a copy of the report either to the owner of the property or to the agent of the owner, within 10 working days after the date the inspection is commenced, except an inspection report prepared for use by an attorney for litigation is not required to be furnished.
SEC. 8.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a company registered under registered company, except as otherwise provided in this chapter.
SEC. 9.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
If
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 10.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 11.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)A California location shall be available for all commission meetings.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology, as authorized pursuant to paragraph (6) of subdivision (a) of Section 7211 of the Corporations Code.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 12.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.
|
Date
|
Status
|
|---|---|
| Jun 4, 2015 | Referred to Com. on B. & P. |
| Aug 30, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Jun 22, 2016 | June 22 set for first hearing canceled at the request of author. |
| Jun 16, 2016 | From committee: Be re-referred to Com. on ED. (Ayes 10. Noes 0.) (June 16). Re-referred to Com. on ED. |
| Aug 20, 2015 | Read third time and amended. |
| Aug 20, 2015 | Re-referred to Com. on RLS. pursuant to Assembly Rule 97. |
| Aug 20, 2015 | Ordered to third reading. |
| Aug 17, 2015 | Ordered to third reading. |
| Aug 17, 2015 | From consent calendar on motion of Assembly Member Holden. |
| Jul 16, 2015 | Read second time. Ordered to consent calendar. |
| Jul 15, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 15). |
| Jul 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jun 25, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P. |
| Mar 18, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 18, 2015 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| May 18, 2015 | Read third time. Passed. (Ayes 36. Noes 0. Page 1028.) Ordered to the Assembly. |
| May 18, 2015 | In Assembly. Read first time. Held at Desk. |
| May 12, 2015 | Read second time. Ordered to consent calendar. |
| May 11, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| May 1, 2015 | Set for hearing May 11. |
| Apr 28, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 794.) (April 27). Re-referred to Com. on APPR. |
| Apr 20, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. |
| Mar 27, 2015 | Set for hearing April 27. |
| Mar 25, 2015 | Referred to Com. on B., P. & E.D. |
| Mar 19, 2015 | From printer. May be acted upon on or after April 18. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 16, 2016 | Be re-referred to the Committee on [Education] | Assembly Standing Committee on Rules |
Passed |
|
| Jul 15, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
|
| May 18, 2015 | Consent Calendar 2nd SB799 Committee On B.P.&E.D. (Hill) | Senate Floor |
Passed |
|
| Apr 27, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Accountancy | ** Support | Aug 20, 2015 |
| Board of Professional Engineers, Land Surveyors and Geologists | ** Support | Aug 20, 2015 |
| Board of Professional Engineers, Land Surveyors, and Geologists | ** Support | Aug 20, 2015 |
| Center for Public Interest Law | ** Support | Aug 20, 2015 |
Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SBPCA Bill Id:SB 799
Author:(Hill) – As Amended Ver:August 20, 2015
SENATE VOTE: Not applicable to this version.
SUBJECT: School finance: school districts: annual budgets: reserve balance
SUMMARY: Modifies provisions in existing law related to school district budget ending reserves. Specifically, this bill:
- Requires, commencing with budgets adopted for the 2016-17 fiscal year, the governing board of a school district that proposes to adopt a budget that includes unassigned ending balances in the school district's general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties to provide the following for public review and discussion:
- The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget;
- The unassigned ending balances in the school district’s general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget; and
- A statement of reasons explaining the unassigned ending balances in the school district’s general fund and special reserve fund for other than capital outlay projects that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year that the school district identifies any unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties.
- Requires, commencing with the 2016–17 fiscal year, the governing boards of school districts to adopt a policy establishing procedures for reporting the fund balances as reflected in the school district’s governmental fund financial statements. Requires the policy to:
- Outline how the school district’s fund balances are intended to ensure that adequate financial resources are available to address revenue shortfalls, unanticipated expenditures, planned future one-time expenses, and any other financial or educational needs of the district; and
- Include a requirement for an annual report to the governing board of the school district in a public meeting at the same meeting as budget adoption.
- Repeals the requirement that information regarding budget ending balances be publically disclosed each time a budget is adopted or revised and instead requires disclosure only when a budget is adopted.
- Repeals the requirement that county superintendents of schools determine whether a school district has complied with ending balance provisions prior to verifying that the district has done so.
- Repeals existing limitations on school district ending balances (see Existing Law) and instead provides that in a fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account (PSSSA), a school district shall not contain unassigned ending balances in the school district’s general fund and special reserve fund for other than capital outlay projects in excess of 17 percent of those funds.
- Changes from "may" to "shall" the duty of a county superintendent of schools to grant an exemption from ending balances limitations for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances substantiate the need.
- Repeals the requirement that a school district, in requesting an exemption, do the following:
- Provide a statement that substantiates the need for an ending balance in excess of the minimum recommended reserve;
- Identify the funding amounts in the budget that are associated with the extraordinary fiscal circumstances; and
- Provide documentation that no other fiscal resources are available to fund the extraordinary circumstances.
- Requires each county superintendent of schools to adopt a policy establishing the procedures for submitting exemption requests and the criteria by which the county superintendent of schools shall determine whether extraordinary fiscal circumstances exist.
- Exempts school districts with fewer than 2,501 average daily attendance and basic aid districts from the limitations on ending balances.
EXISTING LAW:
- Establishes the Public School System Stabilization Account (PSSSA) at the state level to be funded by a transfer of funds from the General Fund when capital gains-related tax revenues are in excess of 8% of General Fund revenues.
- Provides that the transfer from the General Fund to the PSSSA shall not occur if:
- Proposition 98 growth and COLA have not been fully funded;
- A Proposition 98 maintenance factor is determined; or
- Proposition 98 is suspended.
- Specifies that funds will be appropriated from the PSSSA to schools and community colleges when state support for K-14 education exceeds the allocation of general fund revenues, allocated property taxes and other available resources.
- Requires school districts to maintain the following minimum reserves for economic uncertainties, as a percentage of total expenditures:
- The greater of 5% or $64,000 for districts with 0 to 300 average daily attendance (ADA);
- The greater of 4% or $64,000 for districts with 301 to 1,000 ADA;
- 3% for districts with 1,001 to 30,000 ADA;
- 2% for districts with 30,001 to 400,000 ADA; and
- 1% for districts with 400,001 and over ADA.
- Limits the amount that districts may set aside in an assigned or unassigned reserve in the fiscal year following the fiscal year in which a transfer is made to the PSSA as follows:
- For school districts with 400,000 or fewer ADA, the minimum reserve multiplied by 2; and
- For school districts with more than 400,000 ADA, the minimum reserve multiplied by 3.
- Authorizes a county superintendent of schools to grant a school district under its jurisdiction an exemption from the reserve cap for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances, including, but not limited to, multiyear infrastructure or technology projects, substantiate the need for a combined assigned or unassigned ending fund balance that is in excess of the minimum reserve.
- Requires a school district, as a condition of receiving an exemption to do all of the following:
- Provide a statement that substantiates the need for an assigned and unassigned ending fund balance that is in excess of the minimum;
- Identify the funding amounts in its budget that are associated with the extraordinary fiscal circumstances; and
- Provide documentation that no other fiscal resources are available to fund the extraordinary fiscal circumstances.
FISCAL EFFECT: State mandated local program
COMMENTS: School districts use assigned and unassigned reserves to set funds aside for potential future use. An unassigned reserve is typically the reserve for economic uncertainty, and its purpose is to provide a cushion against unforeseen shortfalls in revenue or increases in expenditures. An assigned reserve contains funds that may be set aside by the district superintendent and designated for a specific future use, such as a large, one-time instructional materials acquisition.
Existing law requires districts to maintain a minimum reserve, which is specified as a percentage of total expenditures, but does not impose a cap on reserves except in the year following a transfer to the PSSSA, also referred to as the Proposition 98 reserve account. As a consequence of no cap, some districts have accumulated very large reserves, mounting to 50% or more of total expenditures. Some have noted that this violates a basic tenet of public finance, which is that today's tax revenues should be used to support programs and services for today's taxpayers. The cap on reserves in specified years was enacted in part to prevent the accumulation of unreasonably large reserves and in part to recognize that the transfer of funds into the state-level Proposition 98 reserve reduces the need for large local reserves. This is because the state-level reserve will be used to help maintain K-14 funding during economic downturns, a purpose also served by the local reserves for economic uncertainty.
Concerns have been raised about the cap on reserves. Many in the education community have raised concerns about the cap on school district budget reserves. The concerns focus on two primary issues. First, opponents of the cap argue that it prevents districts from setting aside prudent reserves to guard against an economic downturn and a reduction in state funding for schools. The minimum requirement to guard against such an event is 3% of total expenditures for most districts. The cap is twice that amount, or 6% of total expenditures for most districts. Supporters of the cap argue that 6% is sufficient protection, because (1) it is applied only in a year following a year in which funds are deposited in the state Proposition 98 reserve, and (2) the state reserve serves the same purpose as the local reserve—to provide a cushion against a reduction of revenue to schools. Hence, the state reserve reduces the burden placed on local reserves for this purpose.
Opponents of the reserve cap also argue that it prevents districts from setting aside monies for a specific purpose in future years. For example, districts may need to accumulate monies over two or more years to purchase technology, instructional materials, or deferred maintenance. As explained below, however, districts can use committed reserves—which are not subject to the cap—for this same purpose.
So far, the cap has never been imposed, and the conditions for triggering the cap are not projected to occur during the economic forecast period prepared by either the Department of Finance or the Legislative Analyst's Office.
This bill addresses these concerns with the following provisions:
- It raises the cap to 17%;
- It applies the cap only to unassigned reserves, instead of assigned and unassigned reserves;
- It applies the cap only to adopted budgets instead of adopted or revised budgets; and
- It exempts small districts (fewer than 2,501 ADA) and basic aid districts.
- It requires, rather than authorizes, county superintendents of schools to grant a waiver of the cap if a district documents a need for the waiver.
Assigned, unassigned, and committed fund balances. This bill applies the cap only to unassigned balances, so districts would have no limit on the size of their assigned ending balances. Assigned balances are used to set aside funds for a designated future purpose, such as purchasing educational technology. However, districts may also use committed balances for this purpose, and existing law does not impose a cap on committed balances. The only difference between an assigned balance and a committed balance is that it takes a vote of the governing board to set funds aside in a committed balance.
Accordingly, this bill does not increase the amount that districts can set aside for future designated purposes, because there is no limit under existing law. Rather, it simply increases the amount that districts can set aside in an assigned reserve, instead of a committed reserve. By doing so, it reduces the role of the governing board in making those decisions and reduces the transparency and public accountability that come from a public vote.
Adopted and revised budgets. School districts are required to adopt their budgets by July 1 and to revise them in September. The reason is that school district budgets are dependent on the state budget, which is not signed until late June. This means that the budgets that are adopted by school districts in June (to meet the July 1 deadline) are based on incomplete and tentative information. By contrast, the September revised budget can incorporate up to date information from the state budget. The revised budget is sometimes referred to as the "real" budget. Budgets are also revised later in the year as circumstances warrant. It is the revised budgets that actually govern school district spending and reserves. By applying the ending balance restrictions only to the tentative budget that is adopted in prior to July 1 and not to the later revisions, this bill effectively repeals the cap.
Arguments in support. Supporters argue that existing reserve levels are "far too low to assure that a district's reserve is prudent." They state that even a small contribution to the state level Proposition 98 reserve would trigger the cap, and there would not be enough money in the state level reserve to protect districts against an economic downturn. They also argue that a cap on reserves is "credit negative" that could increase borrowing costs.
Arguments in opposition. Opponents argue that large local reserves would duplicate the reserve at the state level, and would therefore not be necessary. They also point out that, during the last economic downturn, instead of using reserves to protect programs and services for students, districts actually made deep spending cuts and added to their reserves.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California School Administrators
Bret Harte Union High School District
California Association of Suburban School Districts
California County Boards of Education
California School Boards Association
California State PTA
Central Valley Education Coalition
Clovis Unified School District
Compton Unified School District
Kern County Superintendent of Schools
Lemoore Union High School District
Lewiston Elementary School District
Los Angeles County Office of Education
Marin County Superintendent of Schools
Merced County Office of Education
Orange County Department of Education
San Mateo County Office of Education
Schools for Sound Finance
Torrance Unified School District
Tustin Unified School District
Numerous individuals
Opposition
California Teachers Association
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
SB 799
Page 4
SENATE THIRD READING
SB 799
(Committee on Business, Professions and Economic Development)
As Amended June 25, 2015
Majority vote
SENATE VOTE: 36-0
Committee |
Votes |
Ayes |
Noes |
Business & Professions |
14-0 |
Bonilla, Jones, Baker, Bloom, Campos, Chang, Dodd, Eggman, Gatto, Holden, Mullin, Ting, Wilk, Wood |
|
Appropriations |
16-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Makes numerous substantive, technical, and minor non-controversial changes to various provisions of the non-healing arts boards regulated by the Department of Consumer Affairs (DCA). Specifically, this bill:
Makes the following substantive changes relating to the California Board of Accountancy (CBA):
Clarifies that a canceled license placed into retired status may not be renewed, restored, or reinstated.
Requires that such license holders reapply for licensure if they wish to renew restore, or reinstate their license.
Adds that a funeral establishment must use the words "good," "merchandize," "products," or "services" on its home page to identify a link to the list of goods and services.
Clarifies that contractor licensees are required to notify the registrar 90 days after any change in information.
Allows California Travel and Tourism Commission members to participate in meetings through teleconference and other technology.
Deletes the requirement for architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures.
Makes the following substantive changes relating to the Structural Pest Control Board:
Deletes language that limits the effect of the statute to Branch 1 and Branch 3 registered companies.
Adds language that allows a person to represent that pest control work has been completed by an unlicensed company or individual in cases where the Business and Professions Code specifies that the unlicensed company may complete the work.
Adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch or branches of pest control that is being conducted at that office.
Makes numerous technical, non-substantive, and clarifying changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, the state costs associated with this bill are minor and absorbable by the affected programs.
COMMENTS:
Purpose. This bill is the annual Omnibus Committee bill authored by the Business, Professions and Economic Development Committee which consolidates a number of non-controversial provisions related to various regulatory programs and professions governed by the [BPC] within the DCA. Consolidating the provisions in one bill is designed to relieve the various licensing boards, bureaus and professions from the necessity and burden of having separate measures for a number of non-controversial revisions.
Many of the provisions in this bill are minor and technical changes which update outdated references or titles in existing law. Other provisions may be substantive consensus changes which aim to improve the efficacy of the various entities in administering and enforcing the provisions of their respective licensing laws. This bill is intended to be non-controversial and any opposition or concerns with the consensus provisions will be removed.
Background. This bill makes many technical, code clean-up changes. It also makes several clarifying changes as described below.
Board of Accountancy. In 2011, the CBA sponsored AB 431 (Ma), Chapter 395, Statutes of 2011, which contained language authorizing the CBA, at its discretion, to create a retired status for certified public accountant (CPA) and public accountant licenses. However, the language is ambiguous. Therefore, to remove any possible ambiguities, this bill adds language clarifying that an individual who has a canceled license placed in retired status is not authorized to then have the license restored to an active or inactive status, which circumvents Business and Professions Code (BPC) Section 5070.7.
Additionally, since 1945, the CBA has maintained a statute that focuses on the topic of reciprocity. Over the years the statute has been modified, with the last substantive change occurring in 2001 (SB 133 (Figueroa), Chapter 718, Statues of 2001) when the Legislature took steps to remove a requirement that an applicant for licensure be over the age of 18.
Now, BPC Section 5087 provides the CBA with the authority to issue a CPA license to applicants who hold a valid and unrevoked license under the laws of any state, if the CBA determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience in California.
This bill recasts and strengthens the phrase "valid and unrevoked" to "current, active, and unrestricted". This change will assist the CBA in its mission to protect consumers through its licensing program.
Cemetery and Funeral Bureau. To ensure fairness and accuracy in shopping for what is often an expensive service during a time of great emotional difficulty, the general price list (GPL) required by the Federal Trade Commission (FTC) Funeral Rule since 1984 requires a detailed, written price list be given to anyone who asks for the list in person. Likewise, prices must be quoted over the phone. In general, California law parallels the FTC requirement in BPC Section 7658.
SB 658 (Negrete-McLeod), Chapter 386, Statutes of 2011, enhanced California's disclosure requirements by specifically requiring, beginning January 1, 2013, that all funeral establishments which maintain a website, post their list of funeral goods and services. As drafted, this requirement does not require any specific identification to the Web site link where this information is posted. However, if a funeral establishment elects to post a link to its GPL, it must identify the link on its home page with the words "price information" or a similar phrase that includes the word "price." (BPC Section 7685 (b) (3))
The Center for Public Interest Law's experience and the experience of the Funeral Consumers Alliance (affirmed by 2013 report by the Orange County Register) revealed that the ability of consumers to obtain consistent and reliable funeral establishment product and pricing information over the Internet is oddly difficult. In the absence of such information over the Internet, consumers cannot ask about products or services over the phone and get comparison quotes because they may not in the first place know what products or services funeral establishments offer generally, or which services are offered by a particular facility.
This, in turn, leads to a lengthy process whereby anguished consumers trying to price such products or services must stagger through a difficult process of trying to comparison shop over the phone without first knowing what options are actually available for comparison. Therefore, this bill would require that a funeral establishment must use the words "goods," "merchandise," "products," or "services" on its home page to identify a link to the list of goods and services to enable consumers to find this important information.
County Clerks and Election Officials. Current law is unclear for out-of-state registrants for a fictitious business name as to whether the required documentation by the county clerk needs to be from the California Secretary of State (SOS) or any SOS. Therefore, this bill clarifies that the applicant for a fictitious business name in the State of California provides required documentation from the California SOS, if requested by the county clerk.
Contractors State License Board. BPC Sections 136 and 7083 conflict as to the required timeframe for a licensee to report an address change. BPC Section 136 requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. This is the usual timeline for all DCA licensees.
However, BPC Section 7083 provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under Chapter 9, Division 3 of the BPC. This bill addresses a conflict in the timeframe for reporting information to the board and underscores that contractor licensees are required to notify the registrar 90 days after any change in information.
Governor's Office of Business and Economic Development. This bill makes a technical change to the Government Code that allows members to participate in the California Travel and Tourism Commission via teleconference and other technology. This bill continues to ensure that the teleconference is still subject to the requirements of the Bagley-Keene Open Meeting Act and all other requirements that allow for accessibility.
Board of Guide Dogs for the Blind. Referring to persons who are blind or visually impaired as "blind person" is considered offensive to many members of the community. The accepted terminology is to identify the individual as a person who has a specific medical condition. This is called "person first terminology".
This bill will change the language to reflect the accepted terminology to identify a person who is blind. With this wording, the person is not defined by their condition. Additionally, members of the public and the board have noted the outdated language referring to the use of the masculine gender in the code. This bill would remove specific gender from the code.
Moreover, there are outdated dates located throughout this chapter. This bill would delete those dates.
Board for Professional Engineers, Land Surveyors and Geologists. Currently, BPC Section 6735 allows architects to sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports. Since the level of education and expertise are dramatically different between the two groups, this bill reverts the code section back to its 2014 format where only civil engineers may sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports.
Structural Pest Control Board. For BPC Section 8508, this bill replaces the word "man" with the word "persons" and replacing the word "his" with the word "their". For BPC Section 8513, this bill deletes the language that limits the effect of the statute to Branch 1 and Branch 3 registered companies in order to correct statutory inconsistencies. Branch 2 registered companies routinely contract directly with consumers therefore, Branch 2 registered companies are subject to the provisions of BPC Section 8513 and the mechanic’s lien laws.
This bill also deletes repetitive language, BPC Section 8516.5, as its provisions have been incorporated into BPC Section 8516. For BPC Section 8552, this bill adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work. Currently, BPC Section 8552 makes no such allowance even though there are instances where repair work may be performed by unlicensed companies or individuals.
For BPC Section 8611, this bill adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch, or branches of pest control that is being conducted at that office.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0001348
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 799
(Committee on Business, Professions and Economic Development) – As Amended June 25, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill makes numerous substantive, technical, and minor non-controversial changes to various provisions of the non-healing arts boards regulated by the Department of Consumer Affairs (DCA).
FISCAL EFFECT:
State costs are minor and absorbable by the affected programs.
COMMENTS:
Purpose. According to the author, “This bill is the annual Omnibus Committee bill authored by the Business, Professions and Economic Development Committee. It is a consensus bill which consolidates a number of non-controversial provisions related to various regulatory programs and professions within the DCA."
Background. This bill is one of two “committee bills” authored by the Senate Business, Professions and Economic Development Committee and is intended to consolidate a number of non-controversial provisions related to various regulatory programs and professions governed by the Business and Professions Code (BPC). Consolidating the provisions in one bill is designed to relieve the various licensing boards, bureaus, professions and other regulatory agencies from the necessity and burden of having separate measures for a number of non-controversial revisions.
Current Legislation. SB 800 (Committee on Business, Professions and Economic Development), pending in this committee, makes numerous non-controversial changes to various provisions of the healing arts boards regulated by the DCA.
Prior Legislation.
SB 1466 (Committee on Business, Professions and Economic Development), Chapter 316, Statues of 2014, made non-controversial, non-substantive or technical changes to various provisions pertaining to the health regulatory programs under the BPC.
SB 1575 (Committee on Business, Professions and Economic Development), Chapter 799, Statutes of 2012, made numerous minor and technical changes to various provisions pertaining to the health-related regulatory boards within the DCA.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
SB 799
Page 7
Date of Hearing: July 7, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
SB 799
(Business, Professions & Economic Development) – As Amended June 25, 2015
SENATE VOTE: 36-0
SUBJECT: Business and professions.
SUMMARY: Makes numerous substantive, technical, and minor non-controversial changes to various provisions of the non-healing arts boards regulated by the Department of Consumer Affairs (DCA).
EXISTING LAW:
Establishes the California Board of Accountancy (CBA) within the DCA to license and regulate accountants and provides the following: (Business and Professions Code (BPC) §§ 5000-5158)
Allows an individual with a canceled license to apply to have that license placed in a retired status. (BPC § 5070.1(d)(1))
Allows for the restoration of a license in a retired status to an active status. (BPC § 5070.1(g))
Allows CBA to issue a certified public accountant (CPA) license to any applicant who is a holder of a valid and unrevoked CPA license issued under the laws of any state. (BPC § 5087)
Establishes the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) within the DCA to license and regulate professional engineers, land surveyors, and geologists and provides the following: (BPC §§ 6700-6799, 7800-7887, 8700-8805)
Requires civil engineering plans, calculations, specifications, and reports for schools and specified hospitals to be prepared by civil engineers with specified credentials. (BPC § 6735(b)-(c))
Establishes the Contractors State License Board (CSLB) within the DCA to license and regulate contractors and provides the following: (BPC §§ 7000-7191)
Requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. (BPC § 136)
b) Provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under Chapter 9, Division 3 of the BPC. (BPC § 7083)
Establishes the State Board of Guide Dogs for the Blind within the DCA to regulate licenses for the instruction of a blind person in the use of guide dogs. (BPC §§ 7200-7217)
Establishes the Cemetery and Funeral Bureau within the DCA to administer and enforce the Funeral Directors and Embalmers Law and Cemetery Act and provides the following: (BPC §§ 7600-7610, 9600-9789)
Provides that each licensed funeral establishment that maintains a website post on the site the list of funeral goods and services that are required to be included in the establishment’s general price list (GPL), pursuant to federal rule, and a statement that the GPL is available upon request. (BPC § 7685(b)(1))
Provides that if a funeral establishment elects to post a link to its GPL, it must identify the link on its home page with the words “price information” or a similar phrase that includes the word price. (BPC § 7685(b)(3))
Establishes the Structural Pest Control Board (SPCB) within the DCA to license and regulate the use of structural pest control and provides the following: (BPC §§ 8500 - 8697.5)
Defines “household” as any structure and its contents which are used for “a man and his convenience.” (BPC § 8508)
Limits the requirement that a pest control company provide a notice to owner to the owner to Branch 1 and Branch 3 registered companies. (BPC § 8513)
Requires any registered company that makes an inspection of any property relating to the absence or presence of wood destroying pests or organisms on such property and makes a report of such inspection furnish a copy of the report either to the owner of the property or to the agent of the owner, within 10 working days after the date the inspection is commenced, except an inspection report prepared for use by an attorney for litigation is not required to be furnished. (BPC § 8516.5)
Makes it unlawful for any person to advertise in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company. (BPC § 8552)
Requires that each branch office have a branch supervisor designated by the registered company to supervise and assist the company's employees who are located at that branch. Requires the branch supervisor to be an individual who is licensed by the SPCB as an operator or a field representative and his or her license be prominently displayed in the branch office. (BPC § 8611)
Establishes the California Travel and Tourism Commission to administer and enforce the California Tourism Marketing Act and requires that all meetings be located in California. (Government Code (GOV) § 13995-13995.118)
Requires, for the protection of consumers, individuals, partnerships, and other business entities operating under a fictitious business name (FBN) in California to file a fictitious business name statement with the Secretary of State and, if requested, by the county clerk. (BPC § 17900-17930)
THIS BILL:
Makes numerous technical, non-substantive, and clarifying changes.
Makes the following substantive changes relating to the California Board of Accountancy (CBA):
Clarifies that a canceled license placed into retired status may not be renewed, restored, or reinstated.
Requires that such license holders reapply for licensure if they wish to renew restore, or reinstate their license.
Adds that a funeral establishment must use the words “good,” “merchandize,” “products,” or “services” on its home page to identify a link to the list of goods and services.
Clarifies that contractor licensees are required to notify the registrar 90 days after any change in information.
Allows California Travel and Tourism Commission members to participate in meetings through teleconference and other technology.
Deletes the requirement for architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures.
Makes the following substantive changes relating to SPCB:
Deletes language that limits the effect of the statute to Branch 1 and Branch 3 registered companies.
Adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work.
Adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch or branches of pest control that is being conducted at that office.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rules 28.8, this bill will result in negligible state costs.
COMMENTS:
Purpose. This bill is a Committee Bill and is author-sponsored. According to the author, “This bill is the annual Omnibus Committee bill authored by the Business, Professions and Economic Development Committee which consolidates a number of non-controversial provisions related to various regulatory programs and professions governed by the [BPC] within the DCA. Consolidating the provisions in one bill is designed to relieve the various licensing Boards, bureaus and professions from the necessity and burden of having separate measures for a number of non-controversial revisions.
Many of the provisions in this bill are minor and technical changes which update outdated references or titles in existing law. Other provisions may be substantive consensus changes which aim to improve the efficacy of the various healing arts entities in administering and enforcing the provisions of their respective licensing laws.
As a Committee bill, this measure is jointly authored by each of the members of the Committee. As such, by its very nature, it is a consensus bill. If controversy or opposition should arise regarding any provision in this bill that cannot be resolved, then that provision will be removed from the bill. This will eliminate the chance of placing any of the other provisions in jeopardy.
This bill makes several non-controversial, minor, non-substantive or technical changes to various provisions pertaining to the non-health regulatory programs under the Business and Professions Code.”
Background. This bill makes many technical, code clean-up changes. It also makes several clarifying changes as described below.
Board of Accountancy. In 2011, the CBA sponsored Assembly Bill 431 (Chapter 395, Statutes of 2011), which contained language authorizing the CBA, at its discretion, to create a retired status for CPA and public accountant licenses. In 2012, the CBA supported Senate Bill 1576 (Chapter 661, Statutes of 2012) which included a provision that allowed an individual who had a canceled license to apply for and obtain a retired status license provided they met the minimum requirements. The CBA adopted regulations to implement the retired status, which were approved by the Office of Administrative Law on October 16, 2013, with the regulations taking effect on July 1, 2014.
The enabling legislation that created the retired status was relatively permissive in nature and provided the CBA the authority to establish minimum qualifications to have a license placed in a retired status and minimum standards for restoring a license from retired status to active status. The restoration requirements established by the CBA include: paying a restoration fee of $75 and completing 80 hours of qualifying continuing education (with at least 20 hours, of which 12 must be in technical subject areas, in the year immediately preceding restoration).
The CBA did not intend to circumvent BPC § 5070.7 related to a canceled license when it sponsored and supported legislation authorizing the establishment of the retired status. Therefore, to remove any possible ambiguity presently associated with this issue, this bill proposes adding language clarifying that an individual who has a canceled license placed in retired status is not authorized to then have the license restored to an active or inactive status, which would circumvent BPC § 5070.7.
Additionally, since as far back as 1945, the CBA has maintained a statute that focuses on the topic of reciprocity. Over the years the statute has been modified, with the last substantive change occurring in 2001 (SB 133, Chapter 718, Statues of 2001) when the Legislature took steps to remove a requirement that an applicant for licensure be over the age of 18.
Presently, BPC § 5087 provides the CBA with the authority to issue a CPA license to applicants who hold a valid and unrevoked license under the laws of any state, if the CBA determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience in California.
This bill recasts and strengthens the phrase “valid and unrevoked” to “current, active, and unrestricted”. This change will assist the CBA in its mission to protect consumers through its licensing program.
Cemetery and Funeral Bureau. To ensure fairness and accuracy in shopping for what is often an expensive service during a time of great emotional difficulty, the GPL required by FTC Funeral Rule since 1984 requires a detailed, written price list be given to anyone who asks for the list in person. Likewise, prices must be quoted over the phone. In general, California law parallels the FTC requirement in BPC § 7658.
SB 658 (Negrete-McLeod, Chapter 386, Statutes of 2011) enhanced California’s disclosure requirements by specifically requiring, beginning January 1, 2013, that all funeral establishments which maintain a website, post their list of funeral goods and services. As drafted, this requirement does not require any specific identification to the Web site link where this information is posted. However, if a funeral establishment elects to post a link to its GPL, it must identify the link on its home page with the words “price information” or a similar phrase that includes the word “price”. (BPC § 7685 (b) (3))
The Center for Public Interest Law’s experience and the experience of the Funeral Consumers Alliance (affirmed by 2013 report by the Orange County Register) revealed that the ability of consumers to obtain consistent and reliable funeral establishment product and pricing information over the Internet is oddly difficult. In the absence of such information over the Internet, consumers cannot ask about products or services over the phone and get comparison quotes because they may not in the first place know what products or services funeral establishments offer generally, or which services are offered by a particular facility.
This, in turn, leads to a lengthy process whereby anguished consumers trying to price such products or services must stagger through a difficult process of trying to comparison shop over the phone without first knowing what options are actually available for comparison. Therefore, this bill would require that a funeral establishment must use the words “goods”, “merchandise”, “products”, or “services” on its home page to identify a link to the list of goods and services to enable consumers to find this important information.
County Clerks and Election Officials. Current law is unclear for out-of-state registrants for a FBN as to whether the documentation required by the county clerk needs to be from the California Secretary of State (SOS) or any SOS. Therefore, this bill clarifies that the applicant for a FBN in the State of California provide required documentation from the California Secretary of State, if requested by the county clerk.
Contractors State License Board. BPC § 136 and 7083 conflict as to the required timeframe for a licensee to report an address change. BPC § 136 requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. This is the usual timeline for all DCA licensees.
However, BPC § 7083 provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under Chapter 9, Division 3 of the BPC. This bill addresses a conflict in the timeframe for reporting information to the Board and underscores that contractor licensees are required to notify the registrar 90 days after any change in information.
Governor’s Office of Business and Economic Development. This bill makes a technical change to the Government Code that allows members to participate in the California Travel and Tourism Commission via teleconference and other technology. This bill continues to ensure that the teleconference is still subject to the requirements of the Bagley-Keene Open Meeting Act and all other requirements that allow for accessibility.
Board of Guide Dogs for the Blind. Referring to persons who are blind or visually impaired as “blind person” is considered offensive to many members of the community. The accepted terminology is to identify the individual as a person who has a specific medical condition. This is called “person first terminology”.
This bill will change the language to reflect the accepted terminology to identify a person who is blind. With this wording, the person is not defined by their condition. Additionally, members of the public and the Board have noted the outdated language referring to the use of the masculine gender in the code. The bill would remove specific gender from the code.
Moreover, there are outdated dates located throughout this chapter. This bill would delete those dates.
Board for Professional Engineers, Land Surveyors and Geologists. Currently, BPC § 6735 allows architects to sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports. Since the level of education and expertise are dramatically different between the two groups, this bill simply reverts the Code section back to its 2014 format where only civil engineers may sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports.
Structural Pest Control Board. For BPC § 8508, this bill replaces the word “man” with the word “persons” and replacing the word “his” with the word “their”. For BPC § 8513, this bill deletes the language that limits the effect of the statute to Branch 1 and Branch 3 registered companies in order to correct statutory inconsistencies. Branch 2 registered companies routinely contract directly with consumers therefore, Branch 2 registered companies are subject to the provisions of BPC § 8513 and the mechanic’s lien laws.
This bill also deletes repetitive language, BPC § 8516.5, as its provisions have been incorporated into BPC § 8516. For BPC § 8552, this bill adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work. Currently, BPC § 8552 makes no such allowance even though there are instances where repair work may be performed by unlicensed companies or individuals.
For BPC § 8611, this bill adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch, or branches of pest control that is being conducted at that office.
Current Related Legislation. SB 800 (Committee on Business, Professions and Economic Development), of the current legislative session, makes numerous substantive, technical, and minor non-controversial changes to various provisions of the healing arts boards regulated by the DCA. STATUS: This bill is currently pending in the Assembly Business, Professions and Consumer Protection Committee.
Prior Related Legislation. SB 1466 (Committee on Business, Professions and Economic Development), Chapter 316, Statues of 2014, made several non-controversial, minor, non-substantive or technical changes to various provisions pertaining to the health regulatory programs under the BPC.
SB 1575 (Committee on Business, Professions and Economic Development), Chapter 799, Statutes of 2012, made numerous minor and technical changes to various provisions pertaining to the health-related regulatory boards within the DCA.
REGISTERED SUPPORT:
Board of Accountancy
Board of Professional Engineers, Land Surveyors, and Geologists
Center for Public Interest Law
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
SB 799
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: SB 799
Author: Committee on Business, Professions and Economic Development
Amended: 4/20/15
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/27/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Business and professions
DIGEST: This bill makes several non-controversial, minor, nonsubstantive or technical changes to various provisions within the Business and Professions Code (BPC) relating to the non-health regulatory boards of the Department of Consumer Affairs (DCA).
Existing law:
Contains the following provisions relating to the California Board of Accountancy (CBA):
Allows an individual with a canceled license to apply to have that license placed in a retired status. (BPC § 5070.1(d)(1))
Allows for the restoration of a license in a retired status to an active status.
(BPC § 5070.1(g))Allows CBA to issue a certified public accountant (CPA) license to any applicant who is a holder of a valid and unrevoked CPA license issued under the laws of any state. (BPC § 5087)
Contains the following provisions relating to the Cemetery and Funeral Bureau:
Provides that each licensed funeral establishment that maintains an Internet Web site, post on its Internet Web site the list of funeral goods and services that are required to be included in the establishment’s general price list (GPL), pursuant to federal rule, and a statement that the GPL is available upon request. (BPC § 7685(b)(1))
Provides that if a funeral establishment elects to post a link to its GPL, it must identify the link on its home page with the words “price information” or a similar phrase that includes the word price. (BPC § 7685(b)(3))
Contains the following provisions relating to the County Clerks and Election Officials:
Requires that out of state registrants applying for a fictitious business name in the State of California provide documentation by the Secretary of State and, if requested, by the county clerk. (BPC § 17913(2)(e)(f))
Contains the following provisions relating to the Contractors State License Board (CSLB):
Requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the CSLB has specified by regulations a shorter time period. (BPC § 136)
Provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days, of any change to information recorded under Chapter 9, Division 3 of the BPC. (BPC § 7083)
Contains the following provisions relating to the Governor’s Office of Business and Economic Development (GO-Biz):
Requires that all meetings be located in California. (Government Code § 13995.40(m))
Contains the following provisions relating to the State Board of Guide Dogs for the Blind:
Provides that there is in the DCA a State Board of Guide Dogs for the Blind and details that Board’s authority to issue and regulate licenses for the instruction of a blind person in the use of guide dogs. (BPC §§ 7200-7217)
Contains the following provisions relating to the Board for Professional Engineers, Land Surveyors and Geologists (BPELSG):
Authorizes architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures. (BPC § 6735)
Contains the following provisions relating to the Structural Pest Control Board (SPCB):
Defines “household” as any structure and its contents which are used for man and his convenience. (BPC § 8508)
Limits the effect of the section to Branch 1 and Branch 3 registered companies. (BPC § 8513)
Requires any registered company that makes an inspection of any property relating to the absence or presence of wood destroying pests or organisms on such property and makes a report of such inspection furnish a copy of the report either to the owner of the property or to the agent of the owner, within 10 working days after the date the inspection is commenced, except an inspection report prepared for use by an attorney for litigation is not required to be furnished. (BPC § 8516.5)
Provides that it is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company. (BPC § 8552)
Requires that each branch office have a branch supervisor designated by the registered company to supervise and assist the company's employees who are located at that branch. Requires the branch supervisor to be an individual who is licensed by the SPCB as an operator or a field representative and his or her license be prominently displayed in the branch office. (BPC § 8611)
This bill:
Makes the following changes relating to the CBA:
Clarifies that a canceled license placed into retired status may not be renewed, restored, or reinstated.
Requires that such license holders reapply for licensure if they wish to renew restore, or reinstate their license.
Recasts the requirements for an out-of-state license from “valid and unrevoked” to “current, active, and unrestricted.”
Makes the following changes relating to the Cemetery and Funeral Bureau:
Adds that a funeral establishment must use the words “good,” “merchandize,” “products,” or “services” on its home page to identify a link to the list of goods and services.
Makes the following changes relating to the County Clerks and Election Officials:
Adds “California” prior to the two references of “Secretary of State”.
Makes the following changes relating to the CSLB:
Clarifies that contractor licensees are required to notify the registrar 90 days after any change in information.
Makes the following changes relating to GO-Biz:
Allows members to participate in the California Travel and Tourism Commission via teleconference and other technology.
Makes the following changes relating to the State Board of Guide Dogs for the Blind:
Removes effective dates that have passed.
Removes specific gender from the BPC.
Revises and updates the BPC to use the correct person first terminology when referring to persons who are blind or visually impaired.
Makes the following changes relating to the BPELSG:
Deletes the authorization for architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures.
Makes the following changes relating to the SPCB:
Replaces the word “man” with the word “persons” and replacing the word “his” with the word “their”.
Deletes language that limits the effect of the statute to Branch 1 and Branch 3 registered companies.
Deletes repetitive provisions.
Adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work.
Adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch or branches of pest control that is being conducted at that office.
Background
This bill is one of two “committee bills” authored by the Senate Business, Professions and Economic Development Committee and is intended to consolidate a number of non-controversial provisions related to various regulatory programs and professions governed by the BPC. Consolidating the provisions in one bill is designed to relieve the various licensing boards, bureaus, professions and other regulatory agencies from the necessity and burden of having separate measures for a number of non-controversial revisions.
Many of the provisions of this bill are minor, technical and updating changes, while other provisions are substantive changes intended to improve the ability of various licensing programs and other entities to efficiently and effectively administer their respective laws.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Board of Accountancy
Board of Professional Engineers, Land Surveyors and Geologists
Center for Public Interest Law
OPPOSITION: (Verified 5/13/15)
None received
ARGUMENTS IN SUPPORT: The California Board of Accountancy writes, “SB 799 would clarify the restoration requirements of a license placed in retired status and would also recast and strengthen the requirements for an out-of-state licensee applicant by changing the requirement from holds a ‘valid and unrevoked’ license to mean ‘current, active, and unrestricted’ license.”
Prepared by: Mark Mendoza / B., P. & E.D. / (916) 651-1868
5/13/15 16:37:47
**** END ****
SB 799 (Committee on Business, Professions and Economic Development) Page 9 of 9
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 799 Hearing Date: April 27, 2015
Author: |
Committee on Business, Professions and Economic Development |
||
Version: |
April 20, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Mark Mendoza |
||
Subject: Business and professions.
SUMMARY:
Makes several non-controversial, minor, non-substantive or technical changes to various provisions within the Business and Professions Code relating to the non-health regulatory boards of the Department of Consumer Affairs.
Existing law:
Provides for the licensing and regulation of various professions and businesses by some 26 boards, 3 committees, 9 bureaus, 2 programs, and 1 commission within the Department of Consumer Affairs (DCA) under various licensing acts within the Business and Professions Code (BPC).
Contains the following provisions relating to the California Board of Accountancy (CBA):
Allows an individual with a canceled license to apply to have that license placed in a retired status. (BPC § 5070.1(d)(1))
Allows for the restoration of a license in a retired status to an active status.
(BPC § 5070.1(g))
Allows CBA to issue a certified public accountant (CPA) license to any applicant who is a holder of a valid and unrevoked CPA license issued under the laws of any state. (BPC § 5087)
Contains the following provisions relating to Cemetery and Funeral Bureau:
Provides that each licensed funeral establishment that maintains an Internet Web site post on its Internet Web site the list of funeral goods and services that are required to be included in the establishment’s general price list (GPL), pursuant to federal rule, and a statement that the GPL is available upon request.
(BPC § 7685(b)(1))
Provides that if a funeral establishment elects to post a link to its GPL, it must identify the link on its home page with the words “price information” or a similar phrase that includes the word price. (BPC § 7685(b)(3))
Contains the following provisions relating to the County Clerks and Election Officials:
Requires out of state registrants applying for a fictitious business name (FBN) in the State of California provide documentation by the Secretary of State and, if requested by the county clerk. (BPC § 17913(2)(e)(f))
Contains the following provisions relating to the Contractors State License Board (CSLB):
Requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. (BPC § 136)
Provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under Chapter 9, Division 3 of the BPC. (BPC § 7083)
Contains the following provisions relating to the Governor’s Office of Business and Economic Development (GO-Biz):
Requires that all meetings be located in California. (Government Code (GOV) § 13995.40(m))
Contains the following provisions relating to the Board of Guide Dogs for the Blind:
Provides that there is in the Department of Consumer Affairs a State Board of Guide for the Blind and details that Board’s authority to issue and regulate licenses for the instruction of a blind person in the use of guide dogs.
(BPC §§ 7200-7217)
Contains the following provisions relating to Board for Professional Engineers, Land Surveyors and Geologists (BPELSG):
Authorizes architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures. (BPC § 6735)
Contains the following provisions relating to Structural Pest Control Board (SPCB):
Defines “household” as any structure and its contents which are used for man and his convenience. (BPC § 8508)
Limits the effect of the section to Branch 1 and Branch 3 registered companies. (BPC § 8513)
Requires any registered company that makes an inspection of any property relating to the absence or presence of wood destroying pests or organisms on such property and makes a report of such inspection furnish a copy of the report either to the owner of the property or to the agent of the owner, within 10 working days after the date the inspection is commenced, except an inspection report prepared for use by an attorney for litigation is not required to be furnished.
(BPC § 8516.5)
Provides that it is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company. (BPC § 8552)
Requires that each branch office have a branch supervisor designated by the registered company to supervise and assist the company's employees who are located at that branch. Requires the branch supervisor to be an individual who is licensed by the SPCB as an operator or a field representative and his or her license be prominently displayed in the branch office. (BPC § 8611)
This
bill:
Makes the following changes relating to the California Board of Accountancy (CBA):
Clarifies that a canceled license placed into retired status may not be renewed, restored, or reinstated.
Requires that such license holders reapply for licensure if they wish to renew restore, or reinstate their license.
Recasts the requirements for an out-of-state license from “valid and unrevoked” to “current, active, and unrestricted”.
Makes the following changes relating to the Cemetery and Funeral Bureau:
Adds that a funeral establishment must use the words “good,” “merchandize,” “products,” or “services” on its home page to identify a link to the list of goods and services.
Makes the following changes relating to the County Clerks and Election Officials:
Adds “California” prior to the two references of “Secretary of State”.
Makes the following changes relating to the Contractors State License Board (CSLB):
Clarifies that contractor licensees are required to notify the registrar 90 days after any change in information.
Makes the following changes relating to the Governor’s Office of Business and Economic Development (GO-Biz):
Allows members to participate in the California Travel and Tourism Commission via teleconference and other technology.
Makes the following changes relating to the Board of Guide Dogs for the Blind:
Removes effective dates that have passed.
Removes specific gender from the Code.
Revises and updates the Code to use the correct person first terminology when referring to persons who are blind or visually impaired.
Makes the following changes relating to Board for Professional Engineers, Land Surveyors and Geologists (BPELSG):
Deletes the authorization for architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures.
Makes the following changes relating to Structural Pest Control Board (SPCB):
Replaces the word “man” with the word “persons” and replacing the word “his” with the word “their”.
Deletes language that limits the effect of the statute to Branch 1 and Branch 3 registered companies.
Deletes repetitive provisions.
Adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work.
Adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch or branches of pest control that is being conducted at that office.
FISCAL EFFECT:
Unknown. This bill has been keyed “fiscal” by Legislative Counsel.
COMMENTS:
Purpose. This bill is one of two “committee bills” authored by the Business, Professions, and Economic Development Committee (Committee) and is intended to consolidate a number of non-controversial provisions related to various regulatory programs and professions governed by the BPC. Consolidating the provisions in one bill is designed to relieve the various licensing boards, bureaus, professions and other regulatory agencies from the necessity and burden of having separate measures for a number of non-controversial revisions.
Many of the provisions of this bill are minor, technical, and updating changes, while other provisions are substantive changes intended to improve the ability of various licensing programs and other entities to efficiently and effectively administer their respective laws.
However, as a Committee bill, if controversy or opposition should arise regarding any provision that cannot be resolved, then that provision will be removed from the bill. This will eliminate the chance of placing any of the other provisions in jeopardy.
Background. The following is background and reasons for the more significant and substantive provisions in this measure:
Board of Accountancy. In 2011, the CBA sponsored Assembly Bill 431 (Chapter 395, Statutes of 2011), which contained language authorizing the CBA, at its discretion, to create a retired status for CPA and public accountant licenses. In 2012, the CBA supported Senate Bill 1576 (Chapter 661, Statutes of 2012) which included a provision that allowed an individual who had a canceled license to apply for and obtain a retired status license provided they met the minimum requirements. The CBA adopted regulations to implement the retired status, which were approved by the Office of Administrative Law on October 16, 2013, with the regulations taking effect on July 1, 2014.
The enabling legislation that created the retired status was relatively permissive in nature and provided the CBA the authority to establish minimum qualifications to have a license placed in a retired status and minimum standards for restoring a license from retired status to active status. The restoration requirements established by the CBA include: paying a restoration fee of $75 and completing 80 hours of qualifying continuing education (with at least 20 hours, of which 12 must be in technical subject areas, in the year immediately preceding restoration).
The CBA did not intend to circumvent BPC § 5070.7 related to a canceled license when it sponsored and supported legislation authorizing the establishment of the retired status. Therefore, to remove any possible ambiguity presently associated with this issue, this bill proposes adding language clarifying that an individual who has a canceled license placed in retired status is not authorized to then have the license restored to an active or inactive status, which would circumvent BPC § 5070.7.
Additionally, since as far back as 1945, the CBA has maintained a statute that focuses on the topic of reciprocity. Over the years the statute has been modified, with the last substantive change occurring in 2001 (SB 133, Chapter 718, Statues of 2001) when the Legislature took steps to remove a requirement that an applicant for licensure be over the age of 18.
Presently, BPC § 5087 provides the CBA with the authority to issue a CPA license to applicants who hold a valid and unrevoked license under the laws of any state, if the CBA determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience in California.
This bill recasts and strengthens the phrase “valid and unrevoked” to “current, active, and unrestricted”. This change will assist the CBA in its mission to protect consumers through its licensing program.
Cemetery and Funeral Bureau. Funeral establishments are closely regulated in California for a reason. The web site of the Department of Consumer Affairs’ Cemetery and Funeral Bureau explains why:
“The death of a loved one is one of the most traumatic experiences any of us will ever have…. By asking the right questions, comparing prices and services, and making informed decisions, you can make arrangements that are meaningful to your family and control the costs for yourself and your survivors.”
The Federal Trade Commission (FTC) also explains the public interest at-stake:
“When a loved one dies, grieving family members and friends often are
confronted with dozens of decisions about the funeral — all of which must be
made quickly and often under great emotional duress.”
To ensure fairness and accuracy in shopping for what is often an expensive service during a time of great emotional difficulty, the GPL required by FTC Funeral Rule since 1984 requires a detailed, written price list be given to anyone who asks for the list in person. Likewise, prices must be quoted over the phone. In general, California law parallels the FTC requirement in BPC § 7658.
SB 658 (Negrete-McLeod, Chapter 386, Statutes of 2011) enhanced California’s disclosure requirements by specifically requiring, beginning January 1, 2013, that all funeral establishments which maintain a website, post their list of funeral goods and services. As drafted, this requirement does not require any specific identification to the Web site link where this information is posted. However, if a funeral establishment elects to post a link to its GPL, it must identify the link on its home page with the words “price information” or a similar phrase that includes the word “price”. (BPC § 7685 (b) (3))
The Center for Public Interest Law’s experience and the experience of the Funeral Consumers Alliance (affirmed by 2013 report by the Orange County Register) revealed that the ability of consumers to obtain consistent and reliable funeral establishment product and pricing information over the Internet is oddly difficult.
In the absence of such information over the Internet, consumers cannot ask about products or services over the phone and get comparison quotes because they may not in the first place know what products or services funeral establishments offer generally, or which services are offered by a particular facility.
This, in turn, leads to a lengthy process whereby anguished consumers trying to price such products or services must stagger through a difficult process of trying to comparison shop over the phone without first knowing what options are actually available for comparison.
This bill would require that a funeral establishment must use the words “goods”, “merchandise”, “products”, or “services” on its home page to identify a link to the list of goods and services to enable consumers to find this important information.
County Clerks and Election Officials. The current law is unclear for out-of-state registrants for a FBN as to whether the documentation required by the county clerk needs to be from the California Secretary of State (SOS) or any SOS.
This bill clarifies that the applicant for a FBN in the State of California provide required documentation from the California Secretary of State, if requested by the county clerk.
Contractors State License Board. BPC § 136 and 7083 conflict as to the required timeframe for a licensee to report an address change.
BPC § 136 requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. This is the usual timeline for all DCA licensees.
However, BPC § 7083 provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under Chapter 9, Division 3 of the BPC.
This bill addresses a conflict in the timeframe for reporting information to the Board and underscores that contractor licensees are required to notify the registrar 90 days after any change in information.
Governor’s Office of Business and Economic Development. This bill makes a technical change to the Government Code that allows members to participate in the California Travel and Tourism Commission via teleconference and other technology. This bill continues to ensure that the teleconference is still subject to the requirements of the Bagley-Keene Open Meeting Act and all other requirements that allow for accessibility.
Board of Guide Dogs for the Blind. Referring to persons who are blind or visually impaired as “blind person” is considered offensive to many members of the community. The accepted terminology is to identify the individual as a person who has a specific medical condition. This is called “person first terminology”.
This bill will change the language to reflect the accepted terminology to identify a person who is blind. With this wording, the person is not defined by their condition.
Additionally, members of the public and the Board have noted the outdated language referring to the use of the masculine gender in the code. The bill would remove specific gender from the code.
Moreover, there are outdated dates located throughout this chapter. This bill would delete those dates.
Board for Professional Engineers, Land Surveyors and Geologists. Currently, BPC § 6735 allows architects to sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports. Since the level of education and expertise are dramatically different between the two groups, this bill simply reverts the Code section back to its 2014 format where only civil engineers may sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports.
Structural Pest Control Board. For BPC § 8508, this bill replaces the word “man” with the word “persons” and replacing the word “his” with the word “their”. This clarifying change more accurately conveys the intent of the statute.
For BPC § 8513, this bill deletes the language that limits the effect of the statute to Branch 1 and Branch 3 registered companies in order to correct statutory inconsistencies. Branch 2 registered companies routinely contract directly with consumers therefore, Branch 2 registered companies are subject to the provisions of BPC § 8513 and the mechanic’s lien laws.
This bill also deletes repetitive language, BPC § 8516.5, as its provisions have been incorporated into BPC § 8516.
For BPC § 8552, this bill adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work. Currently, BPC § 8552 makes no such allowance even though there are instances where repair work may be performed by unlicensed companies or individuals.
For BPC § 8611, this bill adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch, or branches of pest control that is being conducted at that office.
Arguments in Support. The California Board of Accountancy writes, “SB 799 would clarify the restoration requirements of a license placed in retired status and would also recast and strengthen the requirements for an out-of-state licensee applicant by changing the requirement from holds a ‘valid and unrevoked’ license to mean ‘current, active, and unrestricted’ license.”
The Center for Public Interest Law writes that “the amendments clarify that when a funeral establishment posts its list of funeral goods and services it must use a word or combination of words including but not limited to “goods”, “merchandise”, “products”, or “services” to identify the link. Clarifying these provisions, will better enable consumers to find this important information at what is often a difficult and stressful time.”
The Board of Professional Engineers, Land Surveyors, and Geologists underscores that “concerns have been expressed by several parties over the new wording of Section 6735 and the potential misinterpretation that could result for this new wording. It was decided that the best course of action would be to remove that language and return Section 6735 to its prior state.”
SUPPORT AND OPPOSITION:
Support:
Board of Accountancy
Board of Professional Engineers, Land Surveyors, and Geologists
Center for Public Interest Law
Opposition:
None on file as of April 21, 2015.
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