SB 1443: Professions and vocations.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-27
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations.
This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes.
Existing law specifies that all osteopathic physicians and surgeons certificates shall expire at midnight on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Existing law requires the Osteopathic Medical Board of California to establish by regulation procedures for the administration of a birth date renewal program.
This bill, instead, would specify that physicians and surgeons certificates shall be issued for 2 years and shall expire at midnight on the last day of the month in which the license was issued. The bill would also remove the provisions requiring the board to establish procedures for the administration of a birth date renewal program.
Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services and makes violations of those provisions a crime. Existing law, until January 1, 2024, authorizes the bureau to issue a private investigator license to a limited liability company.
This bill would extend that date to January 1, 2025. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operators license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. Existing law, beginning on January 1, 2024, prohibits an alarm company operator from conducting business under these provisions as a limited liability company.
This bill would extend that date until January 1, 2025, and make other conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of cemeteries, crematories, funeral establishments, and their personnel. Existing law authorizes the bureau to set the amount, within specified parameters, of various fees and regulatory charges under the act, including fees and charges relating to a certificate of authority, a crematory license, a funeral directors license, a funeral establishments license, an embalmers license, a cemetery brokers license, a cemetery salespersons license, a cremated remains disposer, a crematory manager license, a cemetery manager license, a cemetery authority operating a cemetery, and a hydrolysis facility license.
This bill would remove the bureaus authority to set the amount of those fees and, instead, specify the amount of each fee. The bill would establish a delinquent renewal fee for a funeral establishment license. The bill would make other conforming changes.
Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Existing law prohibits commingling special care funds derived from trusts created by a revocable agreement for investment and requires those funds to be accounted for separately from all other funds. Existing law requires a cemetery authority to file with the bureau an annual audit report of the endowment care fund and special care fund, as specified.
This bill would establish fees for filing an annual report on the endowment care fund and special care fund, as specified.
Existing law requires, until January 1, 2024, funds generated by fees received by the Court Reporters Board of California, pursuant to specified provisions, in excess of funds needed to support the boards operating budget for the fiscal year, to be transferred from the Court Reporters Fund and used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services.
This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2025, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation.
Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. Existing law, on and after July 1, 2022, and until January 1, 2024, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified.
This bill would extend the operation of those provisions authorizing an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board, as specified, until January 1, 2025.
Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis. Existing law establishes the Electronic and Appliance Repair Fund, a continuously appropriated fund, and establishes a specified fee structure that, among other things, specifies the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. Existing law revises those provisions and repeals the provisions applicable to an out-of-state service contractor on January 1, 2023.
This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024. The bill would extend the fee schedule and provisions applicable to an out-of-state service contractor until January 1, 2024. Because the bill would continue the operation of provisions that require service contractors to pay fees that are deposited into a continuously appropriated fund, the Electronic and Appliance Repair Fund, this bill would make an appropriation.
This bill would make other technical and nonsubstantive changes, including updating cross-references.
This bill would incorporate additional changes to Section 7520.3 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 are enacted and this bill is enacted last.
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.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations.
This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes.
Existing law specifies that all osteopathic physicians and surgeons certificates shall expire at midnight on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Existing law requires the Osteopathic Medical Board of California to establish by regulation procedures for the administration of a birth date renewal program.
This bill, instead, would specify that physicians and surgeons certificates shall be issued for 2 years and shall expire at midnight on the last day of the month in which the license was issued. The bill would also remove the provisions requiring the board to establish procedures for the administration of a birth date renewal program.
Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services and makes violations of those provisions a crime. Existing law, until January 1, 2024, authorizes the bureau to issue a private investigator license to a limited liability company.
This bill would extend that date to January 1, 2025. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operators license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. Existing law, beginning on January 1, 2024, prohibits an alarm company operator from conducting business under these provisions as a limited liability company.
This bill would extend that date until January 1, 2025, and make other conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of cemeteries, crematories, funeral establishments, and their personnel. Existing law authorizes the bureau to set the amount, within specified parameters, of various fees and regulatory charges under the act, including fees and charges relating to a certificate of authority, a crematory license, a funeral directors license, a funeral establishments license, an embalmers license, a cemetery brokers license, a cemetery salespersons license, a cremated remains disposer, a crematory manager license, a cemetery manager license, a cemetery authority operating a cemetery, and a hydrolysis facility license.
This bill would remove the bureaus authority to set the amount of those fees and, instead, specify the amount of each fee. The bill would establish a delinquent renewal fee for a funeral establishment license. The bill would make other conforming changes.
Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Existing law prohibits commingling special care funds derived from trusts created by a revocable agreement for investment and requires those funds to be accounted for separately from all other funds. Existing law requires a cemetery authority to file with the bureau an annual audit report of the endowment care fund and special care fund, as specified.
This bill would establish fees for filing an annual report on the endowment care fund and special care fund, as specified.
Existing law requires, until January 1, 2024, funds generated by fees received by the Court Reporters Board of California, pursuant to specified provisions, in excess of funds needed to support the boards operating budget for the fiscal year, to be transferred from the Court Reporters Fund and used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services.
This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2025, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation.
Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. Existing law, on and after July 1, 2022, and until January 1, 2024, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified.
This bill would extend the operation of those provisions authorizing an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board, as specified, until January 1, 2025.
Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis. Existing law establishes the Electronic and Appliance Repair Fund, a continuously appropriated fund, and establishes a specified fee structure that, among other things, specifies the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. Existing law revises those provisions and repeals the provisions applicable to an out-of-state service contractor on January 1, 2023.
This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024. The bill would extend the fee schedule and provisions applicable to an out-of-state service contractor until January 1, 2024. Because the bill would continue the operation of provisions that require service contractors to pay fees that are deposited into a continuously appropriated fund, the Electronic and Appliance Repair Fund, this bill would make an appropriation.
This bill would make other technical and nonsubstantive changes, including updating cross-references.
This bill would incorporate additional changes to Section 7520.3 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 are enacted and this bill is enacted last.
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.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations.
This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes.
Existing law specifies that all osteopathic physicians and surgeons certificates shall expire at midnight on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Existing law requires the Osteopathic Medical Board of California to establish by regulation procedures for the administration of a birth date renewal program.
This bill, instead, would specify that physicians and surgeons certificates shall be issued for 2 years and shall expire at midnight on the last day of the month in which the license was issued. The bill would also remove the provisions requiring the board to establish procedures for the administration of a birth date renewal program.
Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services and makes violations of those provisions a crime. Existing law, until January 1, 2024, authorizes the bureau to issue a private investigator license to a limited liability company.
This bill would extend that date to January 1, 2025. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operators license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. Existing law, beginning on January 1, 2024, prohibits an alarm company operator from conducting business under these provisions as a limited liability company.
This bill would extend that date until January 1, 2025, and make other conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of cemeteries, crematories, funeral establishments, and their personnel. Existing law authorizes the bureau to set the amount, within specified parameters, of various fees and regulatory charges under the act, including fees and charges relating to a certificate of authority, a crematory license, a funeral directors license, a funeral establishments license, an embalmers license, a cemetery brokers license, a cemetery salespersons license, a cremated remains disposer, a crematory manager license, a cemetery manager license, a cemetery authority operating a cemetery, and a hydrolysis facility license.
This bill would remove the bureaus authority to set the amount of those fees and, instead, specify the amount of each fee. The bill would establish a delinquent renewal fee for a funeral establishment license. The bill would make other conforming changes.
Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Existing law prohibits commingling special care funds derived from trusts created by a revocable agreement for investment and requires those funds to be accounted for separately from all other funds. Existing law requires a cemetery authority to file with the bureau an annual audit report of the endowment care fund and special care fund, as specified.
This bill would establish fees for filing an annual report on the endowment care fund and special care fund, as specified.
Existing law requires, until January 1, 2024, funds generated by fees received by the Court Reporters Board of California, pursuant to specified provisions, in excess of funds needed to support the boards operating budget for the fiscal year, to be transferred from the Court Reporters Fund and used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services.
This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2025, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation.
Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. Existing law, on and after July 1, 2022, and until January 1, 2024, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified.
This bill would authorize an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board, as specified, until January 1, 2025. Because a violation of the provisions regulating shorthand reporting is a crime, by expanding the provisions described above to apply to these additional registrants, the bill would expand the scope of a crime and impose a state-mandated local program.
Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis. Existing law establishes the Electronic and Appliance Repair Fund, a continuously appropriated fund, and establishes a specified fee structure that, among other things, specifies the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. Existing law revises those provisions and repeals the provisions applicable to an out-of-state service contractor on January 1, 2023.
This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024. The bill would extend the fee schedule and provisions applicable to an out-of-state service contractor until January 1, 2024. Because the bill would continue the operation of provisions that require service contractors to pay fees that are deposited into a continuously appropriated fund, the Electronic and Appliance Repair Fund, this bill would make an appropriation.
This bill would make other technical and nonsubstantive changes, including updating cross-references.
This bill would incorporate additional changes to Section 7520.3 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 are enacted and this bill is enacted last.
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.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations.
This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes.
Existing law specifies that all osteopathic physicians and surgeons certificates shall expire at midnight on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Existing law requires the Osteopathic Medical Board of California to establish by regulation procedures for the administration of a birth date renewal program.
This bill, instead, would specify that physicians and surgeons certificates shall be issued for 2 years and shall expire at midnight on the last day of the month in which the license was issued. The bill would also remove the provisions requiring the board to establish procedures for the administration of a birth date renewal program.
Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services and makes violations of those provisions a crime. Existing law, until January 1, 2024, authorizes the bureau to issue a private investigator license to a limited liability company.
This bill would extend that date to January 1, 2025. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operators license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. Existing law, beginning on January 1, 2024, prohibits an alarm company operator from conducting business under these provisions as a limited liability company.
This bill would extend that date until January 1, 2025, and make other conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of cemeteries, crematories, funeral establishments, and their personnel. Existing law authorizes the bureau to set the amount, within specified parameters, of various fees and regulatory charges under the act, including fees and charges relating to a certificate of authority, a crematory license, a funeral directors license, a funeral establishments license, an embalmers license, a cemetery brokers license, a cemetery salespersons license, a cremated remains disposer, a crematory manager license, a cemetery manager license, a cemetery authority operating a cemetery, and a hydrolysis facility license.
This bill would remove the bureaus authority to set the amount of those fees and, instead, specify the amount of each fee. The bill would establish a delinquent renewal fee for a funeral establishment license. The bill would make other conforming changes.
Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Existing law prohibits commingling special care funds derived from trusts created by a revocable agreement for investment and requires those funds to be accounted for separately from all other funds. Existing law requires a cemetery authority to file with the bureau an annual audit report of the endowment care fund and special care fund, as specified.
This bill would establish fees for filing an annual report on the endowment care fund and special care fund, as specified.
Existing law requires, until January 1, 2024, funds generated by fees received by the Court Reporters Board of California, pursuant to specified provisions, in excess of funds needed to support the boards operating budget for the fiscal year, to be transferred from the Court Reporters Fund and used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services.
This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2025, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation.
Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. Existing law, on and after July 1, 2022, and until January 1, 2024, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified.
This bill would authorize an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board, as specified, until January 1, 2025. Because a violation of the provisions regulating shorthand reporting is a crime, by expanding the provisions described above to apply to these additional registrants, the bill would expand the scope of a crime and impose a state-mandated local program.
Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis. Existing law establishes the Electronic and Appliance Repair Fund, a continuously appropriated fund, and establishes a specified fee structure that, among other things, specifies the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. Existing law revises those provisions and repeals the provisions applicable to an out-of-state service contractor on January 1, 2023.
This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024. The bill would extend the fee schedule and provisions applicable to an out-of-state service contractor until January 1, 2024. Because the bill would continue the operation of provisions that require service contractors to pay fees that are deposited into a continuously appropriated fund, the Electronic and Appliance Repair Fund, this bill would make an appropriation.
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.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations.
This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes.
Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services and makes violations of those provisions a crime. Existing law, until January 1, 2024, authorizes the bureau to issue a private investigator license to a limited liability company.
This bill would extend that date to January 1, 2025. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operators license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. Existing law, beginning on January 1, 2024, prohibits an alarm company operator from conducting business under these provisions as a limited liability company.
This bill would extend that date until January 1, 2025, and make other conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program.
Existing law requires, until January 1, 2024, funds generated by fees received by the Court Reporters Board of California, pursuant to specified provisions, in excess of funds needed to support the boards operating budget for the fiscal year, to be transferred from the Court Reporters Fund and used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services.
This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2025, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation.
Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. Existing law, on and after July 1, 2022, and until January 1, 2024, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified.
This bill would authorize an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board, as specified, until January 1, 2025. Because a violation of the provisions regulating shorthand reporting is a crime, by expanding the provisions described above to apply to these additional registrants, the bill would expand the scope of a crime and impose a state-mandated local program.
Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis. Existing law establishes the Electronic and Appliance Repair Fund, a continuously appropriated fund, and establishes a specified fee structure that, among other things, specifies the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. Existing law revises those provisions and repeals the provisions applicable to an out-of-state service contractor on January 1, 2023.
This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024. The bill would extend the fee schedule and provisions applicable to an out-of-state service contractor until January 1, 2024. Because the bill would continue the operation of provisions that require service contractors to pay fees that are deposited into a continuously appropriated fund, the Electronic and Appliance Repair Fund, this bill would make an appropriation.
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.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations.
This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes.
Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis.
This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024.
(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 2092 of the Business and Professions Code is amended to read:2092.(a)The board shall develop a process to give priority review status to the application of an applicant for a physician and surgeons certificate who can demonstrate that they intend to practice in a medically underserved area or serve a medically underserved population as defined in Section 128552 of the Health and Safety Code.
(b)An applicant may demonstrate their intent to practice in a medically underserved area or serve a medically underserved population by providing proper documentation, including, but not limited to, a letter from the employer indicating that the applicant has accepted employment and stating the start date.
SEC. 4.Section 2456.1 of the Business and Professions Code is amended to read:2456.1.All osteopathic physicians and surgeons certificates shall be issued for two years and shall expire at midnight on the last day of the month in which the license was issued during the second year of the two-year term if not renewed on or before that day.
To renew an unexpired license, the licensee shall, on or before the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the prescribed renewal fee.
SEC. 5.Section 5000 of the Business and Professions Code is amended to read:5000.(a)There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(d)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 6.Section 5015.6 of the Business and Professions Code is amended to read:5015.6.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 8.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 10.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the members successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 11.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 12.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 13.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 14.Section 6981 of the Business and Professions Code is amended to read:6981.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 15.Section 7000.5 of the Business and Professions Code is amended to read:7000.5.(a)There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.
(b)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 16.Section 7011 of the Business and Professions Code is amended to read:7011.(a)The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrars compensation.
(b)The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board.
(c)For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary.
(d)Appointments shall be made in accordance with the provisions of civil service laws.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 17.Section 7511.5 of the Business and Professions Code is amended to read:7511.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 18.Section 7512.3 of the Business and Professions Code, as amended by Section 76 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 19.Section 7512.3 of the Business and Professions Code, as amended by Section 77 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.
(b)This section shall become operative on January 1, 2025.
SEC. 20.Section 7512.14 of the Business and Professions Code is amended to read:7512.14.(a)As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 21.Section 7512.15 of the Business and Professions Code is amended to read:7512.15.(a)As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 22.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 22.5.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)A licensee organized as a limited liability company shall report annually to the bureau the date and amount of any claims paid during the prior calendar year from any general liability insurance policy held pursuant to this section. The licensee shall report the information on a form provided by the bureau. The licensee shall report the claim information no later than March 1. The creation of the form shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 23.Section 7525.1 of the Business and Professions Code, as amended by Section 81 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
(j)Any other information, evidence, statements, or documents as may be required by the director.
(k)At the discretion of the applicant, a valid email address.
(l)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 24.Section 7525.1 of the Business and Professions Code, as amended by Section 82 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)Any other information, evidence, statements, or documents as may be required by the director.
(j)At the discretion of the applicant, a valid email address.
(k)This section shall become operative on January 1, 2025.
SEC. 25.Section 7529 of the Business and Professions Code, as amended by Section 83 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)(1)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(A)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(B)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(C)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(D)If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensees qualified manager.
(2)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 26.Section 7529 of the Business and Professions Code, as amended by Section 84 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(1)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(2)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(3)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(b)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(c)This section shall become operative on January 1, 2025.
SEC. 27.Section 7533.5 of the Business and Professions Code, as amended by Section 85 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 28.Section 7533.5 of the Business and Professions Code, as amended by Section 86 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall become operative on January 1, 2025.
SEC. 29.Section 7538 of the Business and Professions Code, as amended by Section 87 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 30.Section 7538 of the Business and Professions Code, as amended by Section 88 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall become operative on January 1, 2025.
SEC. 31.Section 7538.5 of the Business and Professions Code, as amended by Section 89 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
(A)The individual was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)While acting as a partner, officer, director, member, or manager, they participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 32.Section 7538.5 of the Business and Professions Code, as amended by Section 90 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual, who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:
(A)The individual was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)The individual, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall become operative on January 1, 2025.
SEC. 33.Section 7539 of the Business and Professions Code, as amended by Section 91 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 34.Section 7539 of the Business and Professions Code, as amended by Section 92 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)A licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. This subdivision does not prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision does not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall become operative on January 1, 2025.
SEC. 35.Section 7573.5 of the Business and Professions Code is amended to read:7573.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 36.Section 7576 of the Business and Professions Code is amended to read:7576.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 37.Section 7588.8 of the Business and Professions Code is amended to read:7588.8.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 38.Section 7593.1 of the Business and Professions Code, as amended by Section 23 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, member, officer, or manager of a limited liability company, and a qualified manager shall submit with the application one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 39.Section 7593.1 of the Business and Professions Code, as amended by Section 24 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, and a qualified manager shall submit with the application, one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall become operative on January 1, 2025.
SEC. 40.Section 7593.5 of the Business and Professions Code is amended to read:7593.5.(a)If the applicant for a license is a limited liability company, the application shall state the true names and complete residence addresses of each member, manager, and any other officer who will be active in the business to be licensed. A copy of the articles of organization issued by the Secretary of State shall be supplied to the bureau upon request. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 41.Section 7599.80 of the Business and Professions Code is amended to read:7599.80.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 42.Section 7599.345 of the Business and Professions Code is amended to read:7599.345.Notwithstanding any other law, commencing January 1, 2025, a licensee shall not conduct business under this chapter as a limited liability company.
SEC. 43.Section 7602 of the Business and Professions Code is amended to read:7602.(a)(1)There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2025.
SEC. 44.Section 7653 of the Business and Professions Code is amended to read:7653.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for certificates of authority. In reviewing an application for a certificate of authority, the bureau may consider acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a certificate of authority under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a certificate of authority, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed cemetery, and any other qualifications required of the applicant under this act, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c)At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
SEC. 45.Section 7712.5 of the Business and Professions Code is amended to read:7712.5.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for a crematory license. In reviewing an application for a crematory license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a crematory license under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a crematory license, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed crematory, the character of the applicant, including, if applicable, its officers, directors, shareholders, or members, and any other qualifications required of the applicant under this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c) At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
SEC. 46.Section 7712.9 of the Business and Professions Code is amended to read:7712.9.Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.
SEC. 47.Section 7729 of the Business and Professions Code is amended to read:7729.The amount of the fees prescribed by this chapter shall be fixed according to the following schedule:
(a)The application fee for a funeral directors license shall be three hundred eighty dollars ($380).
(b)The application fee for change of location of a funeral establishments license shall be four hundred seventy dollars ($470).
(c)The application fee for permission to assign a funeral establishments license shall be five hundred sixty dollars ($560).
(d)The license renewal fee payable by a licensed funeral director shall be three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral directors license shall be 150 percent of the timely renewal fee.
(e)The application fee for an embalmers license and the examination on the states laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be two hundred eighty dollars ($280).
(f)The renewal fee payable by a licensed embalmer shall be one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmers license shall be 150 percent of the timely renewal fee.
(g)The application fee for a certificate of registration as an apprentice embalmer shall be one hundred twenty dollars ($120).
(h)The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be one hundred ninety dollars ($190).
(i)The application fee for a funeral directors examination shall be one hundred ninety dollars ($190).
(j)The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.
(k)The application fee for permission to change the name appearing on a funeral establishments license shall be three hundred dollars ($300), and for permission to change the name on any other license or certificate, shall be twenty-five dollars ($25).
(l)The application fee for a duplicate funeral directors license, a duplicate funeral establishments license, a duplicate embalmers license, or a duplicate certificate of registration as an apprentice embalmer, shall be fifty dollars ($50).
(m)The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be fifty dollars ($50).
(n)The application fee for a funeral establishment license shall be seven hundred fifty dollars ($750).
(o)The license renewal fee for a licensed funeral establishment shall be seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee.
SEC. 48.Section 7729.3 of the Business and Professions Code is amended to read:7729.3.The original cemetery brokers license fee shall be seven hundred fifty dollars ($750).
SEC. 49.Section 7729.4 of the Business and Professions Code is amended to read:7729.4.(a)The original cemetery brokers license fee is payable at the time of the filing of an application for an original cemetery brokers license.
(b)If the applicant fails the required written examination, they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be one hundred ninety dollars ($190).
(c)No part of any original cemetery brokers license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.
SEC. 50.Section 7729.5 of the Business and Professions Code is amended to read:7729.5.The annual renewal fee for a cemetery brokers license shall five hundred sixty dollars ($560).
SEC. 51.Section 7729.6 of the Business and Professions Code is amended to read:7729.6.If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be one hundred ninety dollars ($190).
SEC. 52.Section 7729.7 of the Business and Professions Code is amended to read:7729.7.If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be one hundred ninety dollars ($190).
SEC. 53.Section 7729.8 of the Business and Professions Code is amended to read:7729.8.The cemetery salespersons license fee shall be sixty dollars ($60).
SEC. 54.Section 7729.10 of the Business and Professions Code is amended to read:7729.10.The annual renewal fee for a cemetery salespersons license shall be fifty dollars ($50).
SEC. 55.Section 7729.11 is added to the Business and Professions Code, to read:7729.11.The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee.
SEC. 56.Section 7730 of the Business and Professions Code is amended to read:7730.For a branch office brokers license, the fee shall be one hundred ninety dollars ($190).
SEC. 57.Section 7730.1 of the Business and Professions Code is amended to read:7730.1.The cremated remains disposer registration fee shall be one hundred ninety dollars ($190).
SEC. 58.Section 7730.2 of the Business and Professions Code is amended to read:7730.2.The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100).
SEC. 59.Section 7730.3 of the Business and Professions Code is amended to read:7730.3.For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25).
SEC. 60.Section 7730.4 of the Business and Professions Code is amended to read:7730.4.For transfer of a salespersons license on change of employer, the fee shall be fifty dollars ($50).
SEC. 61.Section 7730.5 of the Business and Professions Code is amended to read:7730.5.For a duplicate license the fee shall be fifty dollars ($50).
SEC. 62.Section 7730.6 of the Business and Professions Code is amended to read:7730.6.(a)For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50).
(b)As used in this section, reinstatement of a license means the reissuance of a canceled cemetery brokers license, or a cemetery salespersons license which was canceled during the year for which it was issued upon the salespersons withdrawal from the employ of a cemetery broker.
SEC. 63.Section 7730.7 of the Business and Professions Code is amended to read:7730.7.(a)The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680).
(b)The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130).
(c)The renewal fee for a crematory manager license shall be one hundred fifty dollars ($150).
SEC. 64.Section 7730.8 of the Business and Professions Code is amended to read:7730.8.(a)The fee for a cemetery manager examination shall be eight hundred dollars ($800).
(b)The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130).
(c)The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150).
SEC. 65.Section 7730.10 of the Business and Professions Code is amended to read:7730.10.Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eleven dollars and fifty cents ($11.50).
SEC. 66.Section 7730.11 of the Business and Professions Code is amended to read:7730.11.(a)The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.
(b)Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.
SEC. 67.Section 8000 of the Business and Professions Code is amended to read:8000.(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 68.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 69.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)(1)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(2)If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1).
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2025, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 70.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with the clients lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 71.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.(a)The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained pursuant to the following provisions:
(1)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(2)Except as provided in paragraph (3), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(A)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(B)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(C)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(D)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(E)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(3)The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year.
(4)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(5)Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case.
(6)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(7)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(8)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(9)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(10)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 72.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 73.Section 8050 of the Business and Professions Code, as amended by Section 2 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court, to promote competition based upon the quality and price of shorthand reporting services, and to ensure consistent regulation of corporations owned by certificate holders and those not owned by certificate holders.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018 or a valid registration issued pursuant to Section 8051, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of a party, or a full-time employee of a party or the attorney of a party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees higher than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 74.Section 8050 of the Business and Professions Code, as added by Section 3 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees other than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall become operative on January 1, 2025.
SEC. 75.Section 8051 of the Business and Professions Code is amended to read:8051.(a)On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever headquartered in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:
(1)The entity pays an initial annual registration fee to the board. Until January 1, 2025, the fee shall be five hundred dollars ($500). On and after January 1, 2025, the fee shall not exceed five hundred dollars ($500) or the boards cost of administering this section, whichever is less.
(2)The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.
(3)The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.
(b)An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):
(1)The name and certificate number of the entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.
(3)Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entitys reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).
(4)Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.
(c)Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entitys registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.
(d)A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).
(e)A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board.
(f)The board shall revoke the registration of an entity if the board determines the entity:
(1)Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.
(2)Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.
(g)In addition to revoking an entitys registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entitys officers, employees, or independent contractors, including the issuance of citations and fines.
(h)The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.
(i)An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.
(j)A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.
(k)The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the boards directory stating that the entity was registered at the time.
(l)The board may adopt regulations to implement this section, including emergency regulations during the years 2022 and 2023. The executive functions delegated to the board pursuant to Section 8005 include the discretion to inform the public of information that would be or is a public record regarding shorthand reporting corporations operating in this state.
(m)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 76.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 77.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 78.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by them in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if they had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 79.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 80.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 81.Section 9849 of the Business and Professions Code, as amended by Section 12 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 82.Section 9849 of the Business and Professions Code, as amended by Section 13 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2024.
SEC. 83.Section 9851 of the Business and Professions Code, as amended by Section 14 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 84.Section 9851 of the Business and Professions Code, as amended by Section 15 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2024.
SEC. 85.Section 9853 of the Business and Professions Code, as amended by Section 16 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code, allowing that person to withdraw their 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.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 86.Section 9853 of the Business and Professions Code, as amended by Section 17 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code allowing that person to withdraw their 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.
(b)This section shall become operative January 1, 2024.
SEC. 87.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 88.Section 9860 of the Business and Professions Code, as amended by Section 22 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 89.Section 9860 of the Business and Professions Code, as amended by Section 23 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2024.
SEC. 90.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 91.Section 9863 of the Business and Professions Code, as amended by Section 25 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 92.Section 9863 of the Business and Professions Code, as amended by Section 26 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2024.
SEC. 93.Section 9873 of the Business and Professions Code, as added by Section 3 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)(1)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state.
(2)The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state.
(3)The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry or the appliance repair industry, or sells, issues, or administers service contracts in this state, shall pay the registration fee specified herein as if that service dealer or service contractor had a place of business in this state.
(b)(1)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date.
(2)The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state.
(3)The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry or the appliance repair industry, or sells or issues service contracts in this state, shall pay the renewal fee specified herein as if that service dealer or service contractor had a place of business in this state.
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 94.Section 9873 of the Business and Professions Code, as added by Section 4 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405).
(b)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400).
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d)This section shall become operative on January 1, 2024.
SEC. 95.Section 18602 of the Business and Professions Code is amended to read:18602.(a)Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)Financial management.
(3)Public safety.
(4)Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)The Senate Committee on Rules shall appoint one member for four years.
(3)The Speaker of the Assembly shall appoint one member for four years.
(e)(1)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(2)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 96.Section 22.5 of this bill incorporates amendments to Section 7520.3 of the Business and Professions Code proposed by both this bill and Senate Bill 1495. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 7520.3 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1495, in which case Section 22 of this bill shall not become operative.
SEC. 97.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)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 2092 of the Business and Professions Code is amended to read:2092.(a)The board shall develop a process to give priority review status to the application of an applicant for a physician and surgeons certificate who can demonstrate that they intend to practice in a medically underserved area or serve a medically underserved population as defined in Section 128552 of the Health and Safety Code.
(b)An applicant may demonstrate their intent to practice in a medically underserved area or serve a medically underserved population by providing proper documentation, including, but not limited to, a letter from the employer indicating that the applicant has accepted employment and stating the start date.
SEC. 4.Section 2456.1 of the Business and Professions Code is amended to read:2456.1.All osteopathic physicians and surgeons certificates shall be issued for two years and shall expire at midnight on the last day of the month in which the license was issued during the second year of the two-year term if not renewed on or before that day.
To renew an unexpired license, the licensee shall, on or before the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the prescribed renewal fee.
SEC. 5.Section 5000 of the Business and Professions Code is amended to read:5000.(a)There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(d)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 6.Section 5015.6 of the Business and Professions Code is amended to read:5015.6.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 8.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 10.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the members successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 11.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 12.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 13.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 14.Section 6981 of the Business and Professions Code is amended to read:6981.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 15.Section 7000.5 of the Business and Professions Code is amended to read:7000.5.(a)There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.
(b)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 16.Section 7011 of the Business and Professions Code is amended to read:7011.(a)The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrars compensation.
(b)The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board.
(c)For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary.
(d)Appointments shall be made in accordance with the provisions of civil service laws.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 17.Section 7511.5 of the Business and Professions Code is amended to read:7511.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 18.Section 7512.3 of the Business and Professions Code, as amended by Section 76 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 19.Section 7512.3 of the Business and Professions Code, as amended by Section 77 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.
(b)This section shall become operative on January 1, 2025.
SEC. 20.Section 7512.14 of the Business and Professions Code is amended to read:7512.14.(a)As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 21.Section 7512.15 of the Business and Professions Code is amended to read:7512.15.(a)As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 22.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 22.5.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)A licensee organized as a limited liability company shall report annually to the bureau the date and amount of any claims paid during the prior calendar year from any general liability insurance policy held pursuant to this section. The licensee shall report the information on a form provided by the bureau. The licensee shall report the claim information no later than March 1. The creation of the form shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 23.Section 7525.1 of the Business and Professions Code, as amended by Section 81 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
(j)Any other information, evidence, statements, or documents as may be required by the director.
(k)At the discretion of the applicant, a valid email address.
(l)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 24.Section 7525.1 of the Business and Professions Code, as amended by Section 82 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)Any other information, evidence, statements, or documents as may be required by the director.
(j)At the discretion of the applicant, a valid email address.
(k)This section shall become operative on January 1, 2025.
SEC. 25.Section 7529 of the Business and Professions Code, as amended by Section 83 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)(1)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(A)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(B)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(C)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(D)If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensees qualified manager.
(2)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 26.Section 7529 of the Business and Professions Code, as amended by Section 84 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(1)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(2)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(3)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(b)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(c)This section shall become operative on January 1, 2025.
SEC. 27.Section 7533.5 of the Business and Professions Code, as amended by Section 85 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 28.Section 7533.5 of the Business and Professions Code, as amended by Section 86 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall become operative on January 1, 2025.
SEC. 29.Section 7538 of the Business and Professions Code, as amended by Section 87 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 30.Section 7538 of the Business and Professions Code, as amended by Section 88 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall become operative on January 1, 2025.
SEC. 31.Section 7538.5 of the Business and Professions Code, as amended by Section 89 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
(A)The individual was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)While acting as a partner, officer, director, member, or manager, they participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 32.Section 7538.5 of the Business and Professions Code, as amended by Section 90 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual, who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:
(A)The individual was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)The individual, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall become operative on January 1, 2025.
SEC. 33.Section 7539 of the Business and Professions Code, as amended by Section 91 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 34.Section 7539 of the Business and Professions Code, as amended by Section 92 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)A licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. This subdivision does not prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision does not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall become operative on January 1, 2025.
SEC. 35.Section 7573.5 of the Business and Professions Code is amended to read:7573.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 36.Section 7576 of the Business and Professions Code is amended to read:7576.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 37.Section 7588.8 of the Business and Professions Code is amended to read:7588.8.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 38.Section 7593.1 of the Business and Professions Code, as amended by Section 23 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, member, officer, or manager of a limited liability company, and a qualified manager shall submit with the application one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 39.Section 7593.1 of the Business and Professions Code, as amended by Section 24 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, and a qualified manager shall submit with the application, one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall become operative on January 1, 2025.
SEC. 40.Section 7593.5 of the Business and Professions Code is amended to read:7593.5.(a)If the applicant for a license is a limited liability company, the application shall state the true names and complete residence addresses of each member, manager, and any other officer who will be active in the business to be licensed. A copy of the articles of organization issued by the Secretary of State shall be supplied to the bureau upon request. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 41.Section 7599.80 of the Business and Professions Code is amended to read:7599.80.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 42.Section 7599.345 of the Business and Professions Code is amended to read:7599.345.Notwithstanding any other law, commencing January 1, 2025, a licensee shall not conduct business under this chapter as a limited liability company.
SEC. 43.Section 7602 of the Business and Professions Code is amended to read:7602.(a)(1)There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2025.
SEC. 44.Section 7653 of the Business and Professions Code is amended to read:7653.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for certificates of authority. In reviewing an application for a certificate of authority, the bureau may consider acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a certificate of authority under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a certificate of authority, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed cemetery, and any other qualifications required of the applicant under this act, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c)At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
SEC. 45.Section 7712.5 of the Business and Professions Code is amended to read:7712.5.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for a crematory license. In reviewing an application for a crematory license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a crematory license under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a crematory license, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed crematory, the character of the applicant, including, if applicable, its officers, directors, shareholders, or members, and any other qualifications required of the applicant under this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c) At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
SEC. 46.Section 7712.9 of the Business and Professions Code is amended to read:7712.9.Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.
SEC. 47.Section 7729 of the Business and Professions Code is amended to read:7729.The amount of the fees prescribed by this chapter shall be fixed according to the following schedule:
(a)The application fee for a funeral directors license shall be three hundred eighty dollars ($380).
(b)The application fee for change of location of a funeral establishments license shall be four hundred seventy dollars ($470).
(c)The application fee for permission to assign a funeral establishments license shall be five hundred sixty dollars ($560).
(d)The license renewal fee payable by a licensed funeral director shall be three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral directors license shall be 150 percent of the timely renewal fee.
(e)The application fee for an embalmers license and the examination on the states laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be two hundred eighty dollars ($280).
(f)The renewal fee payable by a licensed embalmer shall be one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmers license shall be 150 percent of the timely renewal fee.
(g)The application fee for a certificate of registration as an apprentice embalmer shall be one hundred twenty dollars ($120).
(h)The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be one hundred ninety dollars ($190).
(i)The application fee for a funeral directors examination shall be one hundred ninety dollars ($190).
(j)The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.
(k)The application fee for permission to change the name appearing on a funeral establishments license shall be three hundred dollars ($300), and for permission to change the name on any other license or certificate, shall be twenty-five dollars ($25).
(l)The application fee for a duplicate funeral directors license, a duplicate funeral establishments license, a duplicate embalmers license, or a duplicate certificate of registration as an apprentice embalmer, shall be fifty dollars ($50).
(m)The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be fifty dollars ($50).
(n)The application fee for a funeral establishment license shall be seven hundred fifty dollars ($750).
(o)The license renewal fee for a licensed funeral establishment shall be seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee.
SEC. 48.Section 7729.3 of the Business and Professions Code is amended to read:7729.3.The original cemetery brokers license fee shall be seven hundred fifty dollars ($750).
SEC. 49.Section 7729.4 of the Business and Professions Code is amended to read:7729.4.(a)The original cemetery brokers license fee is payable at the time of the filing of an application for an original cemetery brokers license.
(b)If the applicant fails the required written examination, they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be one hundred ninety dollars ($190).
(c)No part of any original cemetery brokers license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.
SEC. 50.Section 7729.5 of the Business and Professions Code is amended to read:7729.5.The annual renewal fee for a cemetery brokers license shall five hundred sixty dollars ($560).
SEC. 51.Section 7729.6 of the Business and Professions Code is amended to read:7729.6.If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be one hundred ninety dollars ($190).
SEC. 52.Section 7729.7 of the Business and Professions Code is amended to read:7729.7.If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be one hundred ninety dollars ($190).
SEC. 53.Section 7729.8 of the Business and Professions Code is amended to read:7729.8.The cemetery salespersons license fee shall be sixty dollars ($60).
SEC. 54.Section 7729.10 of the Business and Professions Code is amended to read:7729.10.The annual renewal fee for a cemetery salespersons license shall be fifty dollars ($50).
SEC. 55.Section 7729.11 is added to the Business and Professions Code, to read:7729.11.The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee.
SEC. 56.Section 7730 of the Business and Professions Code is amended to read:7730.For a branch office brokers license, the fee shall be one hundred ninety dollars ($190).
SEC. 57.Section 7730.1 of the Business and Professions Code is amended to read:7730.1.The cremated remains disposer registration fee shall be one hundred ninety dollars ($190).
SEC. 58.Section 7730.2 of the Business and Professions Code is amended to read:7730.2.The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100).
SEC. 59.Section 7730.3 of the Business and Professions Code is amended to read:7730.3.For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25).
SEC. 60.Section 7730.4 of the Business and Professions Code is amended to read:7730.4.For transfer of a salespersons license on change of employer, the fee shall be fifty dollars ($50).
SEC. 61.Section 7730.5 of the Business and Professions Code is amended to read:7730.5.For a duplicate license the fee shall be fifty dollars ($50).
SEC. 62.Section 7730.6 of the Business and Professions Code is amended to read:7730.6.(a)For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50).
(b)As used in this section, reinstatement of a license means the reissuance of a canceled cemetery brokers license, or a cemetery salespersons license which was canceled during the year for which it was issued upon the salespersons withdrawal from the employ of a cemetery broker.
SEC. 63.Section 7730.7 of the Business and Professions Code is amended to read:7730.7.(a)The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680).
(b)The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130).
(c)The renewal fee for a crematory manager license shall be one hundred fifty dollars ($150).
SEC. 64.Section 7730.8 of the Business and Professions Code is amended to read:7730.8.(a)The fee for a cemetery manager examination shall be eight hundred dollars ($800).
(b)The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130).
(c)The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150).
SEC. 65.Section 7730.10 of the Business and Professions Code is amended to read:7730.10.Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eleven dollars and fifty cents ($11.50).
SEC. 66.Section 7730.11 of the Business and Professions Code is amended to read:7730.11.(a)The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.
(b)Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.
SEC. 67.Section 8000 of the Business and Professions Code is amended to read:8000.(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 68.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 69.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)(1)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(2)If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1).
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2025, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 70.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with the clients lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 71.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.(a)The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained pursuant to the following provisions:
(1)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(2)Except as provided in paragraph (3), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(A)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(B)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(C)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(D)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(E)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(3)The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year.
(4)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(5)Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case.
(6)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(7)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(8)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(9)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(10)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 72.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 73.Section 8050 of the Business and Professions Code, as amended by Section 2 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court, to promote competition based upon the quality and price of shorthand reporting services, and to ensure consistent regulation of corporations owned by certificate holders and those not owned by certificate holders.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018 or a valid registration issued pursuant to Section 8051, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of a party, or a full-time employee of a party or the attorney of a party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees higher than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 74.Section 8050 of the Business and Professions Code, as added by Section 3 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees other than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall become operative on January 1, 2025.
SEC. 75.Section 8051 of the Business and Professions Code is amended to read:8051.(a)On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever headquartered in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:
(1)The entity pays an initial annual registration fee to the board. Until January 1, 2025, the fee shall be five hundred dollars ($500). On and after January 1, 2025, the fee shall not exceed five hundred dollars ($500) or the boards cost of administering this section, whichever is less.
(2)The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.
(3)The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.
(b)An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):
(1)The name and certificate number of the entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.
(3)Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entitys reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).
(4)Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.
(c)Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entitys registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.
(d)A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).
(e)A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board.
(f)The board shall revoke the registration of an entity if the board determines the entity:
(1)Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.
(2)Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.
(g)In addition to revoking an entitys registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entitys officers, employees, or independent contractors, including the issuance of citations and fines.
(h)The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.
(i)An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.
(j)A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.
(k)The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the boards directory stating that the entity was registered at the time.
(l)The board may adopt regulations to implement this section, including emergency regulations during the years 2022 and 2023. The executive functions delegated to the board pursuant to Section 8005 include the discretion to inform the public of information that would be or is a public record regarding shorthand reporting corporations operating in this state.
(m)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 76.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 77.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 78.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by them in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if they had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 79.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 80.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 81.Section 9849 of the Business and Professions Code, as amended by Section 12 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 82.Section 9849 of the Business and Professions Code, as amended by Section 13 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2024.
SEC. 83.Section 9851 of the Business and Professions Code, as amended by Section 14 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 84.Section 9851 of the Business and Professions Code, as amended by Section 15 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2024.
SEC. 85.Section 9853 of the Business and Professions Code, as amended by Section 16 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code, allowing that person to withdraw their 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.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 86.Section 9853 of the Business and Professions Code, as amended by Section 17 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code allowing that person to withdraw their 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.
(b)This section shall become operative January 1, 2024.
SEC. 87.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 88.Section 9860 of the Business and Professions Code, as amended by Section 22 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 89.Section 9860 of the Business and Professions Code, as amended by Section 23 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2024.
SEC. 90.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 91.Section 9863 of the Business and Professions Code, as amended by Section 25 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 92.Section 9863 of the Business and Professions Code, as amended by Section 26 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2024.
SEC. 93.Section 9873 of the Business and Professions Code, as added by Section 3 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)(1)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state.
(2)The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state.
(3)The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry or the appliance repair industry, or sells, issues, or administers service contracts in this state, shall pay the registration fee specified herein as if that service dealer or service contractor had a place of business in this state.
(b)(1)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date.
(2)The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state.
(3)The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry or the appliance repair industry, or sells or issues service contracts in this state, shall pay the renewal fee specified herein as if that service dealer or service contractor had a place of business in this state.
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 94.Section 9873 of the Business and Professions Code, as added by Section 4 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405).
(b)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400).
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d)This section shall become operative on January 1, 2024.
SEC. 95.Section 18602 of the Business and Professions Code is amended to read:18602.(a)Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)Financial management.
(3)Public safety.
(4)Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)The Senate Committee on Rules shall appoint one member for four years.
(3)The Speaker of the Assembly shall appoint one member for four years.
(e)(1)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(2)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 96.Section 22.5 of this bill incorporates amendments to Section 7520.3 of the Business and Professions Code proposed by both this bill and Senate Bill 1495. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 7520.3 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1495, in which case Section 22 of this bill shall not become operative.
SEC. 97.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)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 2092 of the Business and Professions Code is amended to read:2092.(a)The board shall develop a process to give priority review status to the application of an applicant for a physician and surgeons certificate who can demonstrate that he or she intends they intend to practice in a medically underserved area or serve a medically underserved population as defined in Section 128565 128552 of the Health and Safety Code.
(b)An applicant may demonstrate his or her their intent to practice in a medically underserved area or serve a medically underserved population by providing proper documentation, including, but not limited to, a letter from the employer indicating that the applicant has accepted employment and stating the start date.
SEC. 3.SEC. 4.Section 2456.1 of the Business and Professions Code is amended to read:2456.1.All osteopathic physicians and surgeons certificates shall be issued for two years and shall expire at midnight on the last day of the month in which the license was issued during the second year of the two-year term if not renewed on or before that day.
To renew an unexpired license, the licensee shall, on or before the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the prescribed renewal fee.
SEC. 4.SEC. 5.Section 5000 of the Business and Professions Code is amended to read:5000.(a)There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(d)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 5.SEC. 6.Section 5015.6 of the Business and Professions Code is amended to read:5015.6.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 6.SEC. 7.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed. 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.SEC. 8.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 8.SEC. 9.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.SEC. 10.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the members successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 10.SEC. 11.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 11.SEC. 12.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 12.SEC. 13.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 13.SEC. 14.Section 6981 of the Business and Professions Code is amended to read:6981.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 14.SEC. 15.Section 7000.5 of the Business and Professions Code is amended to read:7000.5.(a)There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.
(b)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 15.SEC. 16.Section 7011 of the Business and Professions Code is amended to read:7011.(a)The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrars compensation.
(b)The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board.
(c)For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary.
(d)Appointments shall be made in accordance with the provisions of civil service laws.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 16.SEC. 17.Section 7511.5 of the Business and Professions Code is amended to read:7511.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 17.SEC. 18.Section 7512.3 of the Business and Professions Code, as amended by Section 76 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 18.SEC. 19.Section 7512.3 of the Business and Professions Code, as amended by Section 77 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.
(b)This section shall become operative on January 1, 2025.
SEC. 19.SEC. 20.Section 7512.14 of the Business and Professions Code is amended to read:7512.14.(a)As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 20.SEC. 21.Section 7512.15 of the Business and Professions Code is amended to read:7512.15.(a)As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 21.SEC. 22.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 22.5.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.(g)A licensee organized as a limited liability company shall report annually to the bureau the date and amount of any claims paid during the prior calendar year from any general liability insurance policy held pursuant to this section. The licensee shall report the information on a form provided by the bureau. The licensee shall report the claim information no later than March 1. The creation of the form shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 22.SEC. 23.Section 7525.1 of the Business and Professions Code, as amended by Section 81 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
(j)Any other information, evidence, statements, or documents as may be required by the director.
(k)At the discretion of the applicant, a valid email address.
(l)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 23.SEC. 24.Section 7525.1 of the Business and Professions Code, as amended by Section 82 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)Any other information, evidence, statements, or documents as may be required by the director.
(j)At the discretion of the applicant, a valid email address.
(k)This section shall become operative on January 1, 2025.
SEC. 24.SEC. 25.Section 7529 of the Business and Professions Code, as amended by Section 83 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)(1)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(A)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(B)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(C)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(D)If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensees qualified manager.
(2)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 25.SEC. 26.Section 7529 of the Business and Professions Code, as amended by Section 84 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(1)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(2)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(3)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(b)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(c)This section shall become operative on January 1, 2025.
SEC. 26.SEC. 27.Section 7533.5 of the Business and Professions Code, as amended by Section 85 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 27.SEC. 28.Section 7533.5 of the Business and Professions Code, as amended by Section 86 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall become operative on January 1, 2025.
SEC. 28.SEC. 29.Section 7538 of the Business and Professions Code, as amended by Section 87 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 29.SEC. 30.Section 7538 of the Business and Professions Code, as amended by Section 88 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall become operative on January 1, 2025.
SEC. 30.SEC. 31.Section 7538.5 of the Business and Professions Code, as amended by Section 89 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
(A)The individual was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)While acting as a partner, officer, director, member, or manager, they participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 31.SEC. 32.Section 7538.5 of the Business and Professions Code, as amended by Section 90 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual, who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:
(A)The individual was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)The individual, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall become operative on January 1, 2025.
SEC. 32.SEC. 33.Section 7539 of the Business and Professions Code, as amended by Section 91 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 33.SEC. 34.Section 7539 of the Business and Professions Code, as amended by Section 92 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)A licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. This subdivision does not prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision does not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall become operative on January 1, 2025.
SEC. 34.SEC. 35.Section 7573.5 of the Business and Professions Code is amended to read:7573.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 35.SEC. 36.Section 7576 of the Business and Professions Code is amended to read:7576.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 36.SEC. 37.Section 7588.8 of the Business and Professions Code is amended to read:7588.8.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 37.SEC. 38.Section 7593.1 of the Business and Professions Code, as amended by Section 23 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, member, officer, or manager of a limited liability company, and a qualified manager shall submit with the application one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 38.SEC. 39.Section 7593.1 of the Business and Professions Code, as amended by Section 24 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, and a qualified manager shall submit with the application, one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall become operative on January 1, 2025.
SEC. 39.SEC. 40.Section 7593.5 of the Business and Professions Code is amended to read:7593.5.(a)If the applicant for a license is a limited liability company, the application shall state the true names and complete residence addresses of each member, manager, and any other officer who will be active in the business to be licensed. A copy of the articles of organization issued by the Secretary of State shall be supplied to the bureau upon request. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 40.SEC. 41.Section 7599.80 of the Business and Professions Code is amended to read:7599.80.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 41.SEC. 42.Section 7599.345 of the Business and Professions Code is amended to read:7599.345.Notwithstanding any other law, commencing January 1, 2025, a licensee shall not conduct business under this chapter as a limited liability company.
SEC. 42.SEC. 43.Section 7602 of the Business and Professions Code is amended to read:7602.(a)(1)There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2025.
SEC. 43.SEC. 44.Section 7653 of the Business and Professions Code is amended to read:7653.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for certificates of authority. In reviewing an application for a certificate of authority, the bureau may consider acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a certificate of authority under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a certificate of authority, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed cemetery, and any other qualifications required of the applicant under this act, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c)At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
SEC. 44.SEC. 45.Section 7712.5 of the Business and Professions Code is amended to read:7712.5.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for a crematory license. In reviewing an application for a crematory license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a crematory license under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a crematory license, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed crematory, the character of the applicant, including, if applicable, its officers, directors, shareholders, or members, and any other qualifications required of the applicant under this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c) At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
SEC. 45.SEC. 46.Section 7712.9 of the Business and Professions Code is amended to read:7712.9.Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.
SEC. 46.SEC. 47.Section 7729 of the Business and Professions Code is amended to read:7729.The amount of the fees prescribed by this chapter shall be fixed according to the following schedule:
(a)The application fee for a funeral directors license shall be three hundred eighty dollars ($380).
(b)The application fee for change of location of a funeral establishments license shall be four hundred seventy dollars ($470).
(c)The application fee for permission to assign a funeral establishments license shall be five hundred sixty dollars ($560).
(d)The license renewal fee payable by a licensed funeral director shall be three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral directors license shall be 150 percent of the timely renewal fee.
(e)The application fee for an embalmers license and the examination on the states laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be two hundred eighty dollars ($280).
(f)The renewal fee payable by a licensed embalmer shall be one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmers license shall be 150 percent of the timely renewal fee.
(g)The application fee for a certificate of registration as an apprentice embalmer shall be one hundred twenty dollars ($120).
(h)The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be one hundred ninety dollars ($190).
(i)The application fee for a funeral directors examination shall be one hundred ninety dollars ($190).
(j)The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.
(k)The application fee for permission to change the name appearing on a funeral establishments license shall be three hundred dollars ($300), and for permission to change the name on any other license or certificate, shall be twenty-five dollars ($25).
(l)The application fee for a duplicate funeral directors license, a duplicate funeral establishments license, a duplicate embalmers license, or a duplicate certificate of registration as an apprentice embalmer, shall be fifty dollars ($50).
(m)The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be fifty dollars ($50).
(n)The application fee for a funeral establishment license shall be seven hundred fifty dollars ($750).
(o)The license renewal fee for a licensed funeral establishment shall be seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee.
SEC. 47.SEC. 48.Section 7729.3 of the Business and Professions Code is amended to read:7729.3.The original cemetery brokers license fee shall be seven hundred fifty dollars ($750).
SEC. 48.SEC. 49.Section 7729.4 of the Business and Professions Code is amended to read:7729.4.(a)The original cemetery brokers license fee is payable at the time of the filing of an application for an original cemetery brokers license.
(b)If the applicant fails the required written examination, they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be one hundred ninety dollars ($190).
(c)No part of any original cemetery brokers license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.
SEC. 49.SEC. 50.Section 7729.5 of the Business and Professions Code is amended to read:7729.5.The annual renewal fee for a cemetery brokers license shall five hundred sixty dollars ($560).
SEC. 50.SEC. 51.Section 7729.6 of the Business and Professions Code is amended to read:7729.6.If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be one hundred ninety dollars ($190).
SEC. 51.SEC. 52.Section 7729.7 of the Business and Professions Code is amended to read:7729.7.If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be one hundred ninety dollars ($190).
SEC. 52.SEC. 53.Section 7729.8 of the Business and Professions Code is amended to read:7729.8.The cemetery salespersons license fee shall be sixty dollars ($60).
SEC. 53.SEC. 54.Section 7729.10 of the Business and Professions Code is amended to read:7729.10.The annual renewal fee for a cemetery salespersons license shall be fifty dollars ($50).
SEC. 54.SEC. 55.Section 7729.11 is added to the Business and Professions Code, to read:7729.11.The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee.
SEC. 55.SEC. 56.Section 7730 of the Business and Professions Code is amended to read:7730.For a branch office brokers license, the fee shall be one hundred ninety dollars ($190).
SEC. 56.SEC. 57.Section 7730.1 of the Business and Professions Code is amended to read:7730.1.The cremated remains disposer registration fee shall be one hundred ninety dollars ($190).
SEC. 57.SEC. 58.Section 7730.2 of the Business and Professions Code is amended to read:7730.2.The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100).
SEC. 58.SEC. 59.Section 7730.3 of the Business and Professions Code is amended to read:7730.3.For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25).
SEC. 59.SEC. 60.Section 7730.4 of the Business and Professions Code is amended to read:7730.4.For transfer of a salespersons license on change of employer, the fee shall be fifty dollars ($50).
SEC. 60.SEC. 61.Section 7730.5 of the Business and Professions Code is amended to read:7730.5.For a duplicate license the fee shall be fifty dollars ($50).
SEC. 61.SEC. 62.Section 7730.6 of the Business and Professions Code is amended to read:7730.6.(a)For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50).
(b)As used in this section, reinstatement of a license means the reissuance of a canceled cemetery brokers license, or a cemetery salespersons license which was canceled during the year for which it was issued upon the salespersons withdrawal from the employ of a cemetery broker.
SEC. 62.SEC. 63.Section 7730.7 of the Business and Professions Code is amended to read:7730.7.(a)The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680).
(b)The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130).
(c)The renewal fee for a crematory manager license shall be one hundred fifty dollars ($150).
SEC. 63.SEC. 64.Section 7730.8 of the Business and Professions Code is amended to read:7730.8.(a)The fee for a cemetery manager examination shall be eight hundred dollars ($800).
(b)The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130).
(c)The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150).
SEC. 64.SEC. 65.Section 7730.10 of the Business and Professions Code is amended to read:7730.10.Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eleven dollars and fifty cents ($11.50).
SEC. 65.SEC. 66.Section 7730.11 of the Business and Professions Code is amended to read:7730.11.(a)The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.
(b)Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.
SEC. 66.SEC. 67.Section 8000 of the Business and Professions Code is amended to read:8000.(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 67.SEC. 68.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 68.SEC. 69.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)(1)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(2)If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1).
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2025, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 69.SEC. 70.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with the clients lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 70.SEC. 71.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.(a)The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained pursuant to the following provisions:
(1)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(2)Except as provided in paragraph (3), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(A)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(B)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(C)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(D)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(E)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(3)The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year.
(4)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(5)Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case.
(6)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(7)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(8)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(9)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(10)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 71.SEC. 72.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 72.SEC. 73.Section 8050 of the Business and Professions Code, as amended by Section 2 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court, to promote competition based upon the quality and price of shorthand reporting services, and to ensure consistent regulation of corporations owned by certificate holders and those not owned by certificate holders.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018 or a valid registration issued pursuant to Section 8051, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of a party, or a full-time employee of a party or the attorney of a party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees higher than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 73.SEC. 74.Section 8050 of the Business and Professions Code, as added by Section 3 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees other than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall become operative on January 1, 2025.
SEC. 74.Section 8051 of the Business and Professions Code is amended to read:8051.(a)On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever incorporated in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:(1)The entity pays an annual registration fee to the board, in an amount determined by the board, not to exceed five hundred dollars ($500). The fee shall not exceed the boards cost of administering this section.(2)The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.(3)The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.(b)An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):(1)The name and certificate number of the entitys certified reporter-in-charge.(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.(3)Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entitys reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).(4)Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.(c)Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entitys registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.(d)A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).(e)A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board.(f)The board shall revoke the registration of an entity if the board determines the entity:(1)Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.(2)Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.(g)In addition to revoking an entitys registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entitys officers, employees, or independent contractors, including the issuance of citations and fines.(h)The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.(i)An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.(j)A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.(k)The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the boards directory stating that the entity was registered at the time.(l)The board may adopt regulations to implement this section.(m)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 75.Section 8051 of the Business and Professions Code is amended to read:8051.(a)On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever headquartered in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:
(1)The entity pays an initial annual registration fee to the board. Until January 1, 2025, the fee shall be five hundred dollars ($500). On and after January 1, 2025, the fee shall not exceed five hundred dollars ($500) or the boards cost of administering this section, whichever is less.
(2)The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.
(3)The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.
(b)An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):
(1)The name and certificate number of the entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.
(3)Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entitys reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).
(4)Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.
(c)Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entitys registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.
(d)A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).
(e)A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board.
(f)The board shall revoke the registration of an entity if the board determines the entity:
(1)Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.
(2)Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.
(g)In addition to revoking an entitys registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entitys officers, employees, or independent contractors, including the issuance of citations and fines.
(h)The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.
(i)An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.
(j)A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.
(k)The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the boards directory stating that the entity was registered at the time.
(l)The board may adopt regulations to implement this section, including emergency regulations during the years 2022 and 2023. The executive functions delegated to the board pursuant to Section 8005 include the discretion to inform the public of information that would be or is a public record regarding shorthand reporting corporations operating in this state.
(m)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 75.SEC. 76.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 76.SEC. 77.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 77.SEC. 78.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by them in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if they had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 78.SEC. 79.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 79.SEC. 80.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 80.SEC. 81.Section 9849 of the Business and Professions Code, as amended by Section 12 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 81.SEC. 82.Section 9849 of the Business and Professions Code, as amended by Section 13 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2024.
SEC. 82.SEC. 83.Section 9851 of the Business and Professions Code, as amended by Section 14 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 83.SEC. 84.Section 9851 of the Business and Professions Code, as amended by Section 15 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2024.
SEC. 84.SEC. 85.Section 9853 of the Business and Professions Code, as amended by Section 16 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code, allowing that person to withdraw their 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.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 85.SEC. 86.Section 9853 of the Business and Professions Code, as amended by Section 17 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code allowing that person to withdraw their 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.
(b)This section shall become operative January 1, 2024.
SEC. 86.SEC. 87.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 87.SEC. 88.Section 9860 of the Business and Professions Code, as amended by Section 22 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 88.SEC. 89.Section 9860 of the Business and Professions Code, as amended by Section 23 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2024.
SEC. 89.SEC. 90.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 90.SEC. 91.Section 9863 of the Business and Professions Code, as amended by Section 25 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 91.SEC. 92.Section 9863 of the Business and Professions Code, as amended by Section 26 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2024.
SEC. 92.SEC. 93.Section 9873 of the Business and Professions Code, as added by Section 3 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)(1)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state.
(2)The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state.
(3)The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry or the appliance repair industry, or sells, issues, or administers service contracts in this state, shall pay the registration fee specified herein as if that service dealer or service contractor had a place of business in this state.
(b)(1)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date.
(2)The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state.
(3)The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry or the appliance repair industry, or sells or issues service contracts in this state, shall pay the renewal fee specified herein as if that service dealer or service contractor had a place of business in this state.
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 93.SEC. 94.Section 9873 of the Business and Professions Code, as added by Section 4 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405).
(b)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400).
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d)This section shall become operative on January 1, 2024.
SEC. 94.SEC. 95.Section 18602 of the Business and Professions Code is amended to read:18602.(a)Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)Financial management.
(3)Public safety.
(4)Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)The Senate Committee on Rules shall appoint one member for four years.
(3)The Speaker of the Assembly shall appoint one member for four years.
(e)(1)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(2)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 96.Section 22.5 of this bill incorporates amendments to Section 7520.3 of the Business and Professions Code proposed by both this bill and Senate Bill 1495. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 7520.3 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1495, in which case Section 22 of this bill shall not become operative.
SEC. 95.SEC. 97.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)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 2456.1 of the Business and Professions Code is amended to read:2456.1.All osteopathic physicians and surgeons certificates shall be issued for two years and shall expire at 12 midnight on the last day of the birth month of the licensee in which the license was issued during the second year of a the two-year term if not renewed on or before that day.
The board shall establish by regulation procedures for the administration of a birth date renewal program, including, but not limited to, the establishment of a system of staggered license expiration dates such that a relatively equal number of licenses expire monthly.To renew an unexpired license, the licensee shall, on or before the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the prescribed renewal fee.
SEC. 3. SEC. 4.Section 5000 of the Business and Professions Code is amended to read:5000.(a)There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(d)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 4. SEC. 5.Section 5015.6 of the Business and Professions Code is amended to read:5015.6.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 5. SEC. 6.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed. 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 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7. SEC. 8.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 8. SEC. 9.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the members successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9. SEC. 10.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 10. SEC. 11.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11. SEC. 12.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 12. SEC. 13.Section 6981 of the Business and Professions Code is amended to read:6981.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 13. SEC. 14.Section 7000.5 of the Business and Professions Code is amended to read:7000.5.(a)There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.
(b)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 14. SEC. 15.Section 7011 of the Business and Professions Code is amended to read:7011.(a)The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrars compensation.
(b)The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board.
(c)For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary.
(d)Appointments shall be made in accordance with the provisions of civil service laws.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 15. SEC. 16.Section 7511.5 of the Business and Professions Code is amended to read:7511.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 16. SEC. 17.Section 7512.3 of the Business and Professions Code, as amended by Section 76 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 17. SEC. 18.Section 7512.3 of the Business and Professions Code, as amended by Section 77 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.
(b)This section shall become operative on January 1, 2025.
SEC. 18. SEC. 19.Section 7512.14 of the Business and Professions Code is amended to read:7512.14.(a)As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 19. SEC. 20.Section 7512.15 of the Business and Professions Code is amended to read:7512.15.(a)As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 20. SEC. 21.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 21. SEC. 22.Section 7525.1 of the Business and Professions Code, as amended by Section 81 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
(j)Any other information, evidence, statements, or documents as may be required by the director.
(k)At the discretion of the applicant, a valid email address.
(l)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 22. SEC. 23.Section 7525.1 of the Business and Professions Code, as amended by Section 82 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)Any other information, evidence, statements, or documents as may be required by the director.
(j)At the discretion of the applicant, a valid email address.
(k)This section shall become operative on January 1, 2025.
SEC. 23. SEC. 24.Section 7529 of the Business and Professions Code, as amended by Section 83 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)(1)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(A)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(B)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(C)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(D)If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensees qualified manager.
(2)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 24. SEC. 25.Section 7529 of the Business and Professions Code, as amended by Section 84 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(1)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(2)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(3)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(b)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(c)This section shall become operative on January 1, 2025.
SEC. 25. SEC. 26.Section 7533.5 of the Business and Professions Code, as amended by Section 85 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 26. SEC. 27.Section 7533.5 of the Business and Professions Code, as amended by Section 86 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall become operative on January 1, 2025.
SEC. 27. SEC. 28.Section 7538 of the Business and Professions Code, as amended by Section 87 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 28. SEC. 29.Section 7538 of the Business and Professions Code, as amended by Section 88 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall become operative on January 1, 2025.
SEC. 29. SEC. 30.Section 7538.5 of the Business and Professions Code, as amended by Section 89 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
(A)The individual was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)While acting as a partner, officer, director, member, or manager, they participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 30. SEC. 31.Section 7538.5 of the Business and Professions Code, as amended by Section 90 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual, who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:
(A)The individual was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)The individual, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall become operative on January 1, 2025.
SEC. 31. SEC. 32.Section 7539 of the Business and Professions Code, as amended by Section 91 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 32. SEC. 33.Section 7539 of the Business and Professions Code, as amended by Section 92 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)A licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. This subdivision does not prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision does not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall become operative on January 1, 2025.
SEC. 33. SEC. 34.Section 7573.5 of the Business and Professions Code is amended to read:7573.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 34. SEC. 35.Section 7576 of the Business and Professions Code is amended to read:7576.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 35. SEC. 36.Section 7588.8 of the Business and Professions Code is amended to read:7588.8.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 36. SEC. 37.Section 7593.1 of the Business and Professions Code, as amended by Section 23 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, member, officer, or manager of a limited liability company, and a qualified manager shall submit with the application one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 37. SEC. 38.Section 7593.1 of the Business and Professions Code, as amended by Section 24 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, and a qualified manager shall submit with the application, one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall become operative on January 1, 2025.
SEC. 38. SEC. 39.Section 7593.5 of the Business and Professions Code is amended to read:7593.5.(a)If the applicant for a license is a limited liability company, the application shall state the true names and complete residence addresses of each member, manager, and any other officer who will be active in the business to be licensed. A copy of the articles of organization issued by the Secretary of State shall be supplied to the bureau upon request. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 39. SEC. 40.Section 7599.80 of the Business and Professions Code is amended to read:7599.80.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 40. SEC. 41.Section 7599.345 of the Business and Professions Code is amended to read:7599.345.Notwithstanding any other law, commencing January 1, 2025, a licensee shall not conduct business under this chapter as a limited liability company.
SEC. 41. SEC. 42.Section 7602 of the Business and Professions Code is amended to read:7602.(a)(1)There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2025.
SEC. 43.Section 7653 of the Business and Professions Code is amended to read:7653.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for certificates of authority. In reviewing an application for a certificate of authority, the bureau may consider acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a certificate of authority under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a certificate of authority, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed cemetery, and any other qualifications required of the applicant under this act, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c)At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum fixed by the bureau at not in excess of four hundred dollars ($400) of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
(d)This section shall become operative on July 1, 2016.SEC. 44.Section 7712.5 of the Business and Professions Code is amended to read:7712.5.(a)The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for a crematory license. In reviewing an application for a crematory license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a crematory license under Division 1.5 (commencing with Section 475).
(b)Upon receipt of an application for a crematory license, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed crematory, the character of the applicant, including, if applicable, its officers, directors, shareholders, or members, and any other qualifications required of the applicant under this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c) At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery and Funeral Fund the sum fixed by the bureau at not in excess of four hundred dollars ($400) of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
(d)This section shall become operative on July 1, 2016.SEC. 45.Section 7712.9 of the Business and Professions Code is amended to read:7712.9.(a)Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory, to be fixed by the bureau at not more than four hundred dollars ($400). crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge to be fixed by the bureau at not more than eight dollars and fifty cents ($8.50) of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.
(b)This section shall become operative on July 1, 2016.SEC. 46.Section 7729 of the Business and Professions Code is amended to read:7729.The amount of the fees prescribed by this chapter shall be fixed according to the following schedule with the minimum amount specified being the amount fixed on January 1, 1988. schedule:
(a)The application fee for a funeral directors license shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200). three hundred eighty dollars ($380).
(b)The application fee for change of location of a funeral establishments license shall be not less than one hundred fifty dollars ($150) and not more than two hundred fifty dollars ($250). four hundred seventy dollars ($470).
(c)The application fee for permission to assign a funeral establishments license shall be not less than two hundred dollars ($200) and not more than three hundred dollars ($300). five hundred sixty dollars ($560).
(d)The license renewal fee payable by a licensed funeral director shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200). three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral directors license shall be 150 percent of the timely renewal fee.
(e)The application fee for an embalmers license and the examination on the states laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be not less than one hundred dollars ($100) and not more than one hundred fifty dollars ($150). two hundred eighty dollars ($280).
(f)The renewal fee payable by a licensed embalmer shall be not less than seventy-five dollars ($75) and not more than one hundred twenty-five dollars ($125). one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmers license shall be 150 percent of the timely renewal fee.
(g)The application fee for a certificate of registration as an apprentice embalmer shall be not less than thirty dollars ($30) and not more than sixty dollars ($60). one hundred twenty dollars ($120).
(h)The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be not less than fifty dollars ($50) and not more than one hundred dollars ($100). one hundred ninety dollars ($190).
(i)The application fee for a funeral directors examination shall be not less than seventy-five dollars ($75) and not more than one hundred dollars ($100). one hundred ninety dollars ($190).
(j)The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200). five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.
(k)The application fee for permission to change the name appearing on a funeral establishments license shall be not less than one hundred dollars ($100) and not more than two hundred dollars ($200), three hundred dollars ($300), and for permission to change the name on any other license or certificate, not less than twenty dollars ($20) and not more than forty dollars ($40). shall be twenty-five dollars ($25).
(l)The application fee for a duplicate funeral directors license, a duplicate funeral establishments license, a duplicate embalmers license, or a duplicate certificate of registration as an apprentice embalmer, shall be not less than twenty dollars ($20) and not more than forty dollars ($40). fifty dollars ($50).
(m)The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be not less than twenty-five dollars ($25) and not more than fifty dollars ($50).
(n)The application fee for a funeral establishment license shall be not less than three hundred dollars ($300) and not more than four hundred dollars ($400). seven hundred fifty dollars ($750).
(o)The license renewal fee for a licensed funeral establishment shall be not less than three hundred dollars ($300) nor more than four hundred dollars ($400). seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee.
SEC. 47.Section 7729.3 of the Business and Professions Code is amended to read:7729.3.The original cemetery brokers license fee shall be fixed by the bureau at not more than four hundred dollars ($400). seven hundred fifty dollars ($750).
SEC. 48.Section 7729.4 of the Business and Professions Code is amended to read:7729.4.(a)The original cemetery brokers license fee is payable at the time of the filing of an application for an original cemetery brokers license.
(b)If the applicant fails the required written examination, he or she they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be fixed by the bureau at not more than one hundred dollars ($100). one hundred ninety dollars ($190).
(c)No part of any original cemetery brokers license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.
SEC. 49.Section 7729.5 of the Business and Professions Code is amended to read:7729.5.The annual renewal fee for a cemetery brokers license shall be fixed by the bureau at not more than three hundred dollars ($300). five hundred sixty dollars ($560).
SEC. 50.Section 7729.6 of the Business and Professions Code is amended to read:7729.6.If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be fixed by the bureau at not more than one hundred dollars ($100). one hundred ninety dollars ($190).
SEC. 51.Section 7729.7 of the Business and Professions Code is amended to read:7729.7.If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be fixed by the bureau at not more than one hundred dollars ($100). one hundred ninety dollars ($190).
SEC. 52.Section 7729.8 of the Business and Professions Code is amended to read:7729.8.The cemetery salespersons license fee shall be fixed by the bureau at not more than thirty dollars ($30). sixty dollars ($60).
SEC. 53.Section 7729.10 of the Business and Professions Code is amended to read:7729.10.The annual renewal fee for a cemetery salespersons license shall be fixed by the bureau at not more than twenty-five dollars ($25). fifty dollars ($50).
SEC. 54.Section 7729.11 is added to the Business and Professions Code, to read:7729.11.The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee.
SEC. 55.Section 7730 of the Business and Professions Code is amended to read:7730.For a branch office brokers license, the fee shall be fixed by the bureau at not more than one hundred dollars ($100). one hundred ninety dollars ($190).
SEC. 56.Section 7730.1 of the Business and Professions Code is amended to read:7730.1.The cremated remains disposer registration fee shall be one hundred ninety dollars ($100). ($190).
SEC. 57.Section 7730.2 of the Business and Professions Code is amended to read:7730.2.The renewal fee for a cremated remains disposer registration shall be fifty dollars ($50). one hundred dollars ($100).
SEC. 58.Section 7730.3 of the Business and Professions Code is amended to read:7730.3.For change of name or of address of licensee on the records of the bureau, the fee shall be fixed by the bureau at not more than twenty-five dollars ($25).
SEC. 59.Section 7730.4 of the Business and Professions Code is amended to read:7730.4.For transfer of a salespersons license on change of employer, the fee shall be fixed by the bureau at not more than twenty-five dollars ($25). fifty dollars ($50).
SEC. 60.Section 7730.5 of the Business and Professions Code is amended to read:7730.5.For a duplicate license the fee shall be fixed by the bureau at not more than twenty-five dollars ($25). fifty dollars ($50).
SEC. 61.Section 7730.6 of the Business and Professions Code is amended to read:7730.6.(a)For reinstatement of a license within the fiscal year, the fee shall be fixed by the bureau at not more than twenty-five dollars ($25). fifty dollars ($50).
(b)As used in this section, reinstatement of a license means the reissuance of a canceled cemetery brokers license, or a cemetery salespersons license which was canceled during the year for which it was issued upon the salespersons withdrawal from the employ of a cemetery broker.
SEC. 62.Section 7730.7 of the Business and Professions Code is amended to read:7730.7.(a)The fee for a crematory manager examination and reexamination may not exceed five hundred dollars ($500). shall be six hundred eighty dollars ($680).
(b)The license fee to obtain a crematory manager license may not exceed one hundred dollars ($100). shall be one hundred thirty dollars ($130).
(c)The renewal fee for a crematory manager license may not exceed one hundred dollars ($100). shall be one hundred fifty dollars ($150).
SEC. 63.Section 7730.8 of the Business and Professions Code is amended to read:7730.8.(a)The fee for a cemetery manager examination and reexamination may not exceed nine hundred dollars ($900). shall be eight hundred dollars ($800).
(b)The license fee to obtain a cemetery manager license may not exceed one hundred dollars ($100). shall be one hundred thirty dollars ($130).
(c)The renewal fee for a cemetery manager license may not exceed one hundred dollars ($100). shall be one hundred fifty dollars ($150).
SEC. 64.Section 7730.10 of the Business and Professions Code is amended to read:7730.10.(a)Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery to be fixed by the bureau at not more than four hundred dollars ($400). of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge to be fixed by the bureau at not more than eight dollars and fifty cents ($8.50) eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eight dollars and fifty cents ($8.50). eleven dollars and fifty cents ($11.50).
(b)This section shall become operative on July 1, 2016.SEC. 65.Section 7730.11 of the Business and Professions Code is amended to read:7730.11.(a)The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.
(b)Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge to be fixed by the bureau of not more than eight dollars and fifty cents ($8.50) eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.
(c)This section shall become operative on July 1, 2020.SEC. 42. SEC. 66.Section 8000 of the Business and Professions Code is amended to read:8000.(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 43. SEC. 67.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 44. SEC. 68.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)(1)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(2)If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1).
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2025, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 45. SEC. 69.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with the clients lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 46. SEC. 70.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.(a)The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained pursuant to the following provisions:
(1)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(2)Except as provided in paragraph (3), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(A)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(B)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(C)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(D)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(E)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(3)The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year.
(4)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(5)Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case.
(6)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(7)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(8)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(9)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(10)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 47. SEC. 71.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 48. SEC. 72.Section 8050 of the Business and Professions Code, as amended by Section 2 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court, to promote competition based upon the quality and price of shorthand reporting services, and to ensure consistent regulation of corporations owned by certificate holders and those not owned by certificate holders.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018 or a valid registration issued pursuant to Section 8051, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of a party, or a full-time employee of a party or the attorney of a party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees higher than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 49. SEC. 73.Section 8050 of the Business and Professions Code, as added by Section 3 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees other than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall become operative on January 1, 2025.
SEC. 50. SEC. 74.Section 8051 of the Business and Professions Code is amended to read:8051.(a)On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever incorporated in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:
(1)The entity pays an annual registration fee to the board, in an amount determined by the board, not to exceed five hundred dollars ($500). The fee shall not exceed the boards cost of administering this section.
(2)The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.
(3)The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.
(b)An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):
(1)The name and certificate number of the entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.
(3)Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entitys reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).
(4)Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.
(c)Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entitys registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.
(d)A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).
(e)A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board.
(f)The board shall revoke the registration of an entity if the board determines the entity:
(1)Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.
(2)Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.
(g)In addition to revoking an entitys registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entitys officers, employees, or independent contractors, including the issuance of citations and fines.
(h)The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.
(i)An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.
(j)A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.
(k)The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the boards directory stating that the entity was registered at the time.
(l)The board may adopt regulations to implement this section.
(m)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 51. SEC. 75.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 52. SEC. 76.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 53. SEC. 77.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by them in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if they had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 54. SEC. 78.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 55. SEC. 79.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 56. SEC. 80.Section 9849 of the Business and Professions Code, as amended by Section 12 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 57. SEC. 81.Section 9849 of the Business and Professions Code, as amended by Section 13 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2024.
SEC. 58. SEC. 82.Section 9851 of the Business and Professions Code, as amended by Section 14 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 59. SEC. 83.Section 9851 of the Business and Professions Code, as amended by Section 15 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2024.
SEC. 60. SEC. 84.Section 9853 of the Business and Professions Code, as amended by Section 16 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code, allowing that person to withdraw their 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.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 61. SEC. 85.Section 9853 of the Business and Professions Code, as amended by Section 17 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code allowing that person to withdraw their 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.
(b)This section shall become operative January 1, 2024.
SEC. 62. SEC. 86.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 63. SEC. 87.Section 9860 of the Business and Professions Code, as amended by Section 22 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 64. SEC. 88.Section 9860 of the Business and Professions Code, as amended by Section 23 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2024.
SEC. 65. SEC. 89.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 66. SEC. 90.Section 9863 of the Business and Professions Code, as amended by Section 25 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 67. SEC. 91.Section 9863 of the Business and Professions Code, as amended by Section 26 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2024.
SEC. 68. SEC. 92.Section 9873 of the Business and Professions Code, as added by Section 3 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)(1)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state.
(2)The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state.
(3)The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry or the appliance repair industry, or sells, issues, or administers service contracts in this state, shall pay the registration fee specified herein as if that service dealer or service contractor had a place of business in this state.
(b)(1)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date.
(2)The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state.
(3)The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry or the appliance repair industry, or sells or issues service contracts in this state, shall pay the renewal fee specified herein as if that service dealer or service contractor had a place of business in this state.
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 69. SEC. 93.Section 9873 of the Business and Professions Code, as added by Section 4 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405).
(b)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400).
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d)This section shall become operative on January 1, 2024.
SEC. 70. SEC. 94.Section 18602 of the Business and Professions Code is amended to read:18602.(a)Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)Financial management.
(3)Public safety.
(4)Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)The Senate Committee on Rules shall appoint one member for four years.
(3)The Speaker of the Assembly shall appoint one member for four years.
(e)(1)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(2)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 71.Section 18613 of the Business and Professions Code is amended to read:18613.(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 72. SEC. 95.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)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 5000 of the Business and Professions Code is amended to read:5000.(a)There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(d)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 4.Section 5015.6 of the Business and Professions Code is amended to read:5015.6.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 5.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed. 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 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the members successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 12.Section 6981 of the Business and Professions Code is amended to read:6981.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 13.Section 7000.5 of the Business and Professions Code is amended to read:7000.5.(a)There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.
(b)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 14.Section 7011 of the Business and Professions Code is amended to read:7011.(a)The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrars compensation.
(b)The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board.
(c)For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary.
(d)Appointments shall be made in accordance with the provisions of civil service laws.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 15.Section 7511.5 of the Business and Professions Code is amended to read:7511.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 16.Section 7512.3 of the Business and Professions Code, as amended by Section 76 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 17.Section 7512.3 of the Business and Professions Code, as amended by Section 77 of Chapter 312 of the Statutes of 2020, is amended to read:7512.3.(a)As used in this chapter, person includes any individual, firm, company, association, organization, partnership, and corporation.
(b)This section shall become operative on January 1, 2024. 2025.
SEC. 18.Section 7512.14 of the Business and Professions Code is amended to read:7512.14.(a)As used in this chapter, member means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 19.Section 7512.15 of the Business and Professions Code is amended to read:7512.15.(a)As used in this chapter, manager means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 17704.07 of the Corporations Code.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 20.Section 7520.3 of the Business and Professions Code is amended to read:7520.3.(a)As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the private investigator services it provides.
(b)The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows:
(1)For a limited liability company licensee with five or fewer persons named as members pursuant to subdivision (i) of Section 7525.1, the aggregate limit shall not be less than one million dollars ($1,000,000).
(2)For a limited liability company licensee with more than five persons named as members pursuant to subdivision (i) of Section 7525.1, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person named as members of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section.
(c)Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the bureau, submit the information and documentation required by this section and requested by the bureau, demonstrating compliance with the financial security requirements specified by this section.
(d)For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the bureau. The insurer issuing the certificate shall report to the bureau the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. The insurer shall list the bureau as the certificate holder for the purposes of receiving notifications related to the policys status.
(e)(1)If a licensee fails to maintain sufficient insurance as required by this section, or fails to provide proof of the required insurance upon request by the bureau, the license is subject to suspension and shall be automatically suspended pursuant to this subdivision until the date that the licensee provides proof to the bureau of compliance with the insurance coverage requirement.
(2)Prior to an automatic suspension, the bureau shall notify the licensee, in writing, that it has 30 days to provide proof to the bureau of having the required insurance or the license shall be automatically suspended.
(3)If the licensee fails to provide proof of insurance coverage within this period, the bureau may automatically suspend the license.
(f)If the license of a limited liability company is suspended pursuant to subdivision (e), each member of the limited liability company shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the companys performance, during the period of suspension, of any act or contract when a license is required by this chapter.
(g)On and after July 1, 2018, a licensee organized as a limited liability company shall report a paid or pending claim against its liability insurance to the bureau, which shall post a notice of the claim on the Department of Consumer Affairs BreEZe License Verification Internet Web page.
(h)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 21.Section 7525.1 of the Business and Professions Code, as amended by Section 81 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a member, officer, or manager of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each member, manager, and any officer who will be active in the business to be licensed. A certified copy of the articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. In the case of a manager-managed limited liability company, the application shall be subscribed, verified, and signed by a manager; otherwise, in the case of a member-managed limited liability company, the application shall be subscribed, verified, and signed by a duly authorized member of the applicant and by the qualified manager thereof. The application shall also state whether any of the members, managers, officers, or the qualified manager has ever used an alias.
(j)Any other information, evidence, statements, or documents as may be required by the director.
(k)At the discretion of the applicant, a valid email address.
(l)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 22.Section 7525.1 of the Business and Professions Code, as amended by Section 82 of Chapter 312 of the Statutes of 2020, is amended to read:7525.1.An application shall be verified and shall include:
(a)The full name and business address of the applicant.
(b)The name under which the applicant intends to do business.
(c)A statement as to the general nature of the business in which the applicant intends to engage.
(d)A verified statement of their experience qualifications.
(e)(1)If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury.
(2)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(f)In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury.
(g)If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager.
(h)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury.
(i)Any other information, evidence, statements, or documents as may be required by the director.
(j)At the discretion of the applicant, a valid email address.
(k)This section shall become operative on January 1, 2024. 2025.
SEC. 23.Section 7529 of the Business and Professions Code, as amended by Section 83 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)(1)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(A)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(B)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(C)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(D)If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensees qualified manager.
(2)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 24.Section 7529 of the Business and Professions Code, as amended by Section 84 of Chapter 312 of the Statutes of 2020, is amended to read:7529.(a)Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the directors designee shall be issued by the bureau to each licensee, as follows:
(1)If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensees qualified manager.
(2)If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensees qualified manager.
(3)If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensees qualified manager.
(b)The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the departments costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the persons valid enhanced photo identification card as provided by regulation.
(c)This section shall become operative on January 1, 2024. 2025.
SEC. 25.Section 7533.5 of the Business and Professions Code, as amended by Section 85 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1 or members or managers required to be named pursuant to subdivision (i) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers, members or managers, and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer, member or manager, or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 26.Section 7533.5 of the Business and Professions Code, as amended by Section 86 of Chapter 312 of the Statutes of 2020, is amended to read:7533.5.(a)A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section 7525.1, and of any addition of a new partner.
(b)Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may suspend or revoke a license issued under this chapter if the director determines that the new officer or partner of a licensee has committed any of the acts constituting grounds to deny an application for a license or to take disciplinary action against a licensee pursuant to Section 7538 or 7538.5, respectively.
(c)This section shall become operative on January 1, 2024. 2025.
SEC. 27.Section 7538 of the Business and Professions Code, as amended by Section 87 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 28.Section 7538 of the Business and Professions Code, as amended by Section 88 of Chapter 312 of the Statutes of 2020, is amended to read:7538.(a)After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicants qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers and partners have not:
(1)Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
(2)Committed any act constituting dishonesty or fraud.
(3)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4)Been refused a license under this chapter or had a license revoked.
(5)Been an officer, partner, or qualified manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6)While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7)Knowingly made any false statement in their application.
(b)This section shall become operative on January 1, 2024. 2025.
SEC. 29.Section 7538.5 of the Business and Professions Code, as amended by Section 89 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, an officer or director of a corporation, or a member, manager, or officer of a limited liability company, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual who, while acting as a partner of the partnership, an officer, director of the corporation, or a member, manager, or officer of a limited liability company meets both of the following conditions:
(A)The individual was a partner of any partnership, an officer or director of any corporation, or a member, manager, or officer of any limited liability company whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)While acting as a partner, officer, director, member, or manager, they participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 30.Section 7538.5 of the Business and Professions Code, as amended by Section 90 of Chapter 312 of the Statutes of 2020, is amended to read:7538.5.(a)The director may refuse to issue any license provided for in this chapter to any of the following:
(1)An individual who has had any license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(2)An individual who, while acting as a partner of a partnership, or an officer or director of a corporation, had their license revoked, has a license currently under suspension, or failed to renew their license while under suspension.
(3)An individual, who, while acting as a partner of the partnership, or an officer or director of the corporation, meets both of the following conditions:
(A)The individual was a partner of any partnership, or an officer or director of any corporation, whose license was revoked, is currently under suspension, or was not renewed while under suspension.
(B)The individual, while acting as a partner, officer, or director, participated in any of the prohibited acts for which the license was revoked or suspended.
(4)An individual who is serving or has served as the qualified manager for any licensee that has had its license revoked, is currently under suspension, or failed to renew while under suspension.
(b)This section shall become operative on January 1, 2024. 2025.
SEC. 31.Section 7539 of the Business and Professions Code, as amended by Section 91 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, member, manager, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, manager, member, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, manager, member, qualified manager, or employee of a licensee shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. Nothing in this subdivision shall prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision shall not apply to any business agent or attorney employed by a labor organization. A licensee, or officer, director, partner, manager, member, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 32.Section 7539 of the Business and Professions Code, as amended by Section 92 of Chapter 312 of the Statutes of 2020, is amended to read:7539.(a)A licensee or officer, director, partner, or qualified manager of a licensee may divulge to any law enforcement officer or district attorney, or their representative, any information they may acquire as to any criminal offense, but they shall not divulge to any other person, except as otherwise required by law, any information acquired by them except at the direction of the employer or client for whom the information was obtained.
(b)A licensee or officer, director, partner, qualified manager, or employee of a licensee shall not knowingly make any false report to their employer or client for whom information was being obtained.
(c)A written report shall not be submitted to a client except by the licensee, qualified manager, or a person authorized by one or either of them, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in the report are true and correct.
(d)A licensee, or officer, director, partner, qualified manager, or employee of a licensee shall not use a badge in connection with the official activities of the licensees business.
(e)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not use a title, or wear a uniform, or use an insignia, or use an identification card, or make any statement with the intent to give an impression that they are connected in any way with the federal government, a state government, or any political subdivision of a state government.
(f)A licensee, or officer, partner, qualified manager, or employee of a licensee shall not use any identification to indicate that they are licensed as a private investigator other than the official identification card issued by the bureau or the business card regularly used by the business. However, a licensee may issue an employer identification card.
(g)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not enter any private building or portion thereof, except premises commonly accessible to the public, without the consent of the owner or of the person in legal possession thereof.
(h)A licensee shall not permit an employee or agent in their own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter. All business of the licensee shall be conducted in the name of and under the control of the licensee.
(i)A licensee, or officer, director, partner, qualified manager, or employee of a licensee, shall not knowingly and directly solicit employment from any person who has directly sustained bodily injury or from that persons spouse or other family member to obtain authorization on behalf of the injured person as an investigator to investigate the accident or act that resulted in injury or death to that person or damage to the property of that person. This subdivision does not prohibit the soliciting of employment from that injured persons attorney, insurance company, self-insured administrator, insurance adjuster, employer, or any other person having an indirect interest in the investigation of the injury. This subdivision does not apply to any business agent or attorney employed by a labor organization. A licensee, officer, director, partner, or qualified manager of a licensee shall not pay or compensate any of their employees or agents on the basis of a bonus, bounty, or quota system whereby a premium is placed on the number of employer or client rule violations or infractions purportedly discovered as a result of any investigation made by a licensee.
(j)A licensee shall not use a fictitious business name in connection with the official activities of the licensees business, except as provided by the bureau.
(k)This section shall become operative on January 1, 2024. 2025.
SEC. 16.SEC. 33.Section 7573.5 of the Business and Professions Code is amended to read:7573.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 17.SEC. 34.Section 7576 of the Business and Professions Code is amended to read:7576.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 18.SEC. 35.Section 7588.8 of the Business and Professions Code is amended to read:7588.8.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 36.Section 7593.1 of the Business and Professions Code, as amended by Section 23 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, member, officer, or manager of a limited liability company, and a qualified manager shall submit with the application one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 37.Section 7593.1 of the Business and Professions Code, as amended by Section 24 of Chapter 376 of the Statutes of 2021, is amended to read:7593.1.(a)Each individual applicant, partner of a partnership, designated officer of a corporation, and a qualified manager shall submit with the application, one personal identification form provided by the chief, with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and personal description of each such person, respectively. The identification form shall include residence addresses and employment history for the previous five years.
(b)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.
(c)This section shall become operative on January 1, 2024. 2025.
SEC. 38.Section 7593.5 of the Business and Professions Code is amended to read:7593.5.(a)If the applicant for a license is a limited liability company, the application shall state the true names and complete residence addresses of each member, manager, and any other officer who will be active in the business to be licensed. A copy of the articles of organization issued by the Secretary of State shall be supplied to the bureau upon request. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 19.SEC. 39.Section 7599.80 of the Business and Professions Code is amended to read:7599.80.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2025.
SEC. 40.Section 7599.345 of the Business and Professions Code is amended to read:7599.345.Notwithstanding any other law, commencing January 1, 2024, 2025, a licensee shall not conduct business under this chapter as a limited liability company.
SEC. 20.SEC. 41.Section 7602 of the Business and Professions Code is amended to read:7602.(a)(1)There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2025.
SEC. 21.SEC. 42.Section 8000 of the Business and Professions Code is amended to read:8000.(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 22.SEC. 43.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 44.Section 8030.2 of the Business and Professions Code is amended to read:8030.2.(a)(1)To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the boards operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters Fund to an amount less than six months operating budget.
(2)If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1).
(b)Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year.
(c)The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter.
(d)(1)Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorneys fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement.
(2)An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicants fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the courts order withdrawing or denying the fee waiver.
(e)Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board.
(f)Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2024, 2025, shall be transferred to the Court Reporters Fund.
(g)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 45.Section 8030.4 of the Business and Professions Code is amended to read:8030.4.As used in this chapter:
(a)Applicant means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term applicant includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2.
(b)Case means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition.
(c)Certified shorthand reporter means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017.
(d)Developmentally Disabled Assistance Act means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended.
(e)Fee-generating case means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with the clients lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances:
(1)If the applicant has determined that referral is not possible because of any of the following:
(A)The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case.
(B)Neither the referral service nor any lawyer will consider the case without payment of a consultation fee.
(C)The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee.
(D)Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
(2)If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims.
(3)If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction.
(4)In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need.
(f)(1)Indigent person means any of the following:
(A)A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget.
(B)A person who is eligible for supplemental security income.
(C)A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act.
(D)A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis.
(E)A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code.
(2)For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.
(g)Lawyer referral service means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct.
(h)Legal Services Corporation means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended.
(i)Older Americans Act means the Older Americans Act of 1965 (Public Law 89-73), as amended.
(j)Other qualified project means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons.
(k)Pro bono attorney means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter.
(l)Qualified legal services project means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(m)Qualified support center means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter.
(n)Rules of professional conduct means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077.
(o)Supplemental security income recipient means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(p)Vexatious litigant means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure.
(q)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 46.Section 8030.6 of the Business and Professions Code is amended to read:8030.6.(a)The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained pursuant to the following provisions:
(1)The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporters invoice for transcripts together with the appropriate documentation as is required by this chapter.
(2)Except as provided in paragraph (3), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows:
(A)Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts.
(B)Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case.
(C)Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings.
(D)Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings.
(E)The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript.
(3)The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year.
(4)A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of Code of Civil Procedure.
(5)Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case.
(6)If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action.
(7)If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial.
(8)The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application.
(9)Applications for reimbursements from the fund shall be filed on a first-come-first-served basis.
(10)Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year.
(b)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 47.Section 8030.8 of the Business and Professions Code is amended to read:8030.8.(a)For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following:
(1)The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement.
(2)The applicant is qualified under the provisions of this chapter.
(3)The case is not a fee-generating case, as defined in Section 8030.4.
(4)The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter.
(5)The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice.
(6)The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorneys fees awarded to the applicant by the court or provided for in any settlement agreement in the case.
(7)The certified shorthand reporters invoice for transcripts shall include separate itemizations of charges claimed, as follows:
(A)Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions.
(B)Total charges and rates for expedited deposition transcripts.
(C)Total charges and rates in connection with transcription of court proceedings.
(b)For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility.
(c)For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility.
(d)The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6.
(e)The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements.
(f)This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim.
(g)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 48.Section 8050 of the Business and Professions Code, as amended by Section 2 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court, to promote competition based upon the quality and price of shorthand reporting services, and to ensure consistent regulation of corporations owned by certificate holders and those not owned by certificate holders.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018 or a valid registration issued pursuant to Section 8051, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of a party, or a full-time employee of a party or the attorney of a party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees higher than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 49.Section 8050 of the Business and Professions Code, as added by Section 3 of Chapter 214 of the Statutes of 2021, is amended to read:8050.(a)It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services.
(b)This section shall apply to an individual or entity that does any of the following:
(1)Any act that constitutes shorthand reporting that occurs wholly or partly in this state.
(2)Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.
(3)Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.
(4)Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive.
(c)(1)This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044.
(2)This section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation.
(d)An individual or entity described in subdivision (b) shall not do any of the following:
(1)Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(2)Seek compensation for a certified court transcript applying fees other than those set out in Section 69950 of the Government Code.
(3)Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure.
(4)Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations.
(e)Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting.
(f)An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation.
(g)The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorneys fees.
(h)This section shall become operative on January 1, 2024. 2025.
SEC. 50.Section 8051 of the Business and Professions Code is amended to read:8051.(a)On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever incorporated in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements:
(1)The entity pays an annual registration fee to the board, in an amount determined by the board, not to exceed five hundred dollars ($500). The fee shall not exceed the boards cost of administering this section.
(2)The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entitys application for registration. The reporter-in-charge shall be responsible to the board for an entitys compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct.
(3)The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044.
(b)An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a):
(1)The name and certificate number of the entitys certified reporter-in-charge.
(2)Whether the entity, a controlling officer or parent corporation of the entity, the entitys reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration.
(3)Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entitys reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000).
(4)Any additional documentation the board reasonably deems necessary for consideration in the initial registration process.
(c)Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entitys registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding.
(d)A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a).
(e)A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board.
(f)The board shall revoke the registration of an entity if the board determines the entity:
(1)Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law.
(2)Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law.
(g)In addition to revoking an entitys registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entitys officers, employees, or independent contractors, including the issuance of citations and fines.
(h)The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period.
(i)An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure.
(j)A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity.
(k)The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the boards directory stating that the entity was registered at the time.
(l)The board may adopt regulations to implement this section.
(m)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 51.Section 8710 of the Business and Professions Code is amended to read:8710.(a)The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions.
(b)The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations.
(c)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 23.SEC. 52.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 53.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her them in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she they had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed.
SEC. 24.SEC. 54.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 25.SEC. 55.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 26.SEC. 56.Section 9849 of the Business and Professions Code, as amended by Section 12 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 27.SEC. 57.Section 9849 of the Business and Professions Code, as amended by Section 13 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2024.
SEC. 28.SEC. 58.Section 9851 of the Business and Professions Code, as amended by Section 14 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 29.SEC. 59.Section 9851 of the Business and Professions Code, as amended by Section 15 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2024.
SEC. 30.SEC. 60.Section 9853 of the Business and Professions Code, as amended by Section 16 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code, allowing that person to withdraw their 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.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 31.SEC. 61.Section 9853 of the Business and Professions Code, as amended by Section 17 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code allowing that person to withdraw their 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.
(b)This section shall become operative January 1, 2024.
SEC. 32.SEC. 62.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 33.SEC. 63.Section 9860 of the Business and Professions Code, as amended by Section 22 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 34.SEC. 64.Section 9860 of the Business and Professions Code, as amended by Section 23 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2024.
SEC. 35.SEC. 65.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 36.SEC. 66.Section 9863 of the Business and Professions Code, as amended by Section 25 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 37.SEC. 67.Section 9863 of the Business and Professions Code, as amended by Section 26 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2024.
SEC. 68.Section 9873 of the Business and Professions Code, as added by Section 3 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)(1)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state.
(2)The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state.
(3)The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry or the appliance repair industry, or sells, issues, or administers service contracts in this state, shall pay the registration fee specified herein as if that service dealer or service contractor had a place of business in this state.
(b)(1)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date.
(2)The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state.
(3)The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state.
(4)A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry or the appliance repair industry, or sells or issues service contracts in this state, shall pay the renewal fee specified herein as if that service dealer or service contractor had a place of business in this state.
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed.
SEC. 69.Section 9873 of the Business and Professions Code, as added by Section 4 of Chapter 29 of the Statutes of 2019, is amended to read:9873.The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a)The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405).
(b)The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400).
(c)The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d)This section shall become operative on January 1, 2023. 2024.
SEC. 38.SEC. 70.Section 18602 of the Business and Professions Code is amended to read:18602.(a)Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)Financial management.
(3)Public safety.
(4)Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)The Senate Committee on Rules shall appoint one member for four years.
(3)The Speaker of the Assembly shall appoint one member for four years.
(e)(1)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(2)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 39.SEC. 71.Section 18613 of the Business and Professions Code is amended to read:18613.(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 72.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)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(b)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 3.Section 5000 of the Business and Professions Code is amended to read:5000.(a)There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
(d)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 4.Section 5015.6 of the Business and Professions Code is amended to read:5015.6.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 5.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed. 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 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 7.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3 of Division 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 8.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of the members successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 9.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 10.Section 6710 of the Business and Professions Code is amended to read:6710.(a)There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members.
(b)Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(c)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 11.Section 6714 of the Business and Professions Code is amended to read:6714.The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance.
This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 12.Section 6981 of the Business and Professions Code is amended to read:6981.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. January 1, 2025.
SEC. 13.Section 7000.5 of the Business and Professions Code is amended to read:7000.5.(a)There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.
(b)Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(c)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 14.Section 7011 of the Business and Professions Code is amended to read:7011.(a)The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrars compensation.
(b)The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board.
(c)For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary.
(d)Appointments shall be made in accordance with the provisions of civil service laws.
(e)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 15.Section 7511.5 of the Business and Professions Code is amended to read:7511.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. January 1, 2025.
SEC. 16.Section 7573.5 of the Business and Professions Code is amended to read:7573.5.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. January 1, 2025.
SEC. 17.Section 7576 of the Business and Professions Code is amended to read:7576.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. January 1, 2025.
SEC. 18.Section 7588.8 of the Business and Professions Code is amended to read:7588.8.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. January 1, 2025.
SEC. 19.Section 7599.80 of the Business and Professions Code is amended to read:7599.80.Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2024. January 1, 2025.
SEC. 20.Section 7602 of the Business and Professions Code is amended to read:7602.(a)(1)There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2024. January 1, 2025.
SEC. 21.Section 8000 of the Business and Professions Code is amended to read:8000.(a)There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.
(b)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
(c)Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 22.Section 8005 of the Business and Professions Code is amended to read:8005.(a)The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.
(b)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
SEC. 23.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 24.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 25.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 26.Section 9849 of the Business and Professions Code, as amended by Section 12 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 27.Section 9849 of the Business and Professions Code, as amended by Section 13 of Chapter 578 of the Statutes of 2018, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2023. January 1, 2024.
SEC. 28.Section 9851 of the Business and Professions Code, as amended by Section 14 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 29.Section 9851 of the Business and Professions Code, as amended by Section 15 of Chapter 578 of the Statutes of 2018, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2023. January 1, 2024.
SEC. 30.Section 9853 of the Business and Professions Code, as amended by Section 16 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code, allowing that person to withdraw his or her their 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.
(b)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 31.Section 9853 of the Business and Professions Code, as amended by Section 17 of Chapter 578 of the Statutes of 2018, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, 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 Section 1203.4 of the Penal Code allowing that person to withdraw his or her their 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.
(b)This section shall become operative on January 1, 2023. January 1, 2024.
SEC. 32.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 33.Section 9860 of the Business and Professions Code, as amended by Section 22 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 34.Section 9860 of the Business and Professions Code, as amended by Section 23 of Chapter 578 of the Statutes of 2018, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2023. January 1, 2024.
SEC. 35.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 36.Section 9863 of the Business and Professions Code, as amended by Section 25 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2023, January 1, 2024, and as of that date is repealed.
SEC. 37.Section 9863 of the Business and Professions Code, as amended by Section 26 of Chapter 578 of the Statutes of 2018, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her their discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has they suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2023. January 1, 2024.
SEC. 38.Section 18602 of the Business and Professions Code is amended to read:18602.(a)Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)Financial management.
(3)Public safety.
(4)Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)The Senate Committee on Rules shall appoint one member for four years.
(3)The Speaker of the Assembly shall appoint one member for four years.
(e)(1)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
(2)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 39.Section 18613 of the Business and Professions Code is amended to read:18613.(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)This section shall remain in effect only until January 1, 2024, January 1, 2025, and as of that date is repealed.
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Date
|
Status
|
|---|---|
| Sep 27, 2022 | Chaptered by Secretary of State. Chapter 625, Statutes of 2022. |
| Sep 27, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5318.) Ordered to engrossing and enrolling. |
| Aug 29, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 25, 2022 | Read third time and amended. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 12. Noes 0.) (August 11). |
| Aug 3, 2022 | August 3 set for first hearing. Placed on suspense file. |
| Jun 28, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 21, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P. |
| Jun 2, 2022 | Referred to Com. on B. & P. |
| May 27, 2022 | In Assembly. Read first time. Held at Desk. |
| May 26, 2022 | Read third time. Passed. (Ayes 38. Noes 0. Page 3976.) Ordered to the Assembly. |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3797.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 9, 2022 | May 9 hearing: Placed on APPR suspense file. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 18, 2022 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3413.) (April 18). Re-referred to Com. on APPR. |
| Mar 16, 2022 | Set for hearing April 18. |
| Mar 9, 2022 | Referred to Com. on B., P. & E.D. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | Unfinished Business SB1443 Roth Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2022 | SB 1443 Roth Senate Third Reading By Berman | Assembly Floor |
Passed |
|
| May 26, 2022 | Senate 3rd Reading SB1443 Roth | Senate Floor |
Passed |
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