SB 1491 California Senate · 2009-2010 Regular Session

Professions and vocations.

Summary
(1) Existing law provides for the licensure and regulation of accountants by the California Board of Accountancy. Existing law authorizes the board to appoint an administrative committee to provide advice and assistance relative to investigations of licensee misconduct. Existing law also authorizes the board to create and appoint other advisory committees consisting of public accountants or certified public accountants who need not be members of the board for the purpose of making recommendations to the board. This bill would designate the administrative committee as the enforcement advisory committee. The bill would require these other advisory committees to consist solely of board members or to consist of board members and other persons who are not board members. (2) Existing law provides for the licensure and regulation of professional engineers and professional land surveyors by the Board for Professional Engineers and Land Surveyors. Existing law authorizes the board to make arrangements with a public or private organization to conduct licensure examinations and to authorize the organization to receive examination fees directly from applicants. This bill would provide that the fee to take an examination administered by a public or private organization may not be greater than actual cost of examination development and administration. Existing law authorizes an applicant for certification as an engineer-in-training to sit for the first division of the licensing examination after he or she completes 3 or more years of college or university education in board-approved engineering curriculum or 3 or more years of board-approved experience. This bill would allow an applicant for certification as an engineer-in-training to sit for the first division of the examination upon completion of 3 years of engineering experience, postsecondary engineering education, or a combination of education and experience. The bill would make other conforming changes. (3) Existing law provides for the licensure and regulation of contractors by the Contractors' State License Board. Existing law, based upon complaint or otherwise, authorizes the Registrar of Contractors to issue citations for violations of the licensure requirement within 4 years after the act or omission that is the basis for the citation. This bill would require a citation to be issued within 4 years after the act or omission that is the basis for the citation or within 18 months after filing the complaint with the registrar, whichever is later. Existing law prohibits a contractor from engaging in asbestos-related work, as specified, without passing an asbestos certification examination. Existing law requires the board to develop, and deliver to all applicants with the request for bond and fee, a booklet relating to the handling and disposal of asbestos, that includes an open book examination concerning asbestos-related work. Existing law requires all applicants for an initial contractor's license and specified applicants filing a delinquent renewal application to complete and sign the open book examination and to submit it to the board with the required renewal or bond and fee. This bill would instead require the board to make that booklet available to all applicants, either on the board's Internet Web site or upon request in hard copy. The bill would require only applicants for initial licensure to complete the examination and to submit it to the board, as specified. Under existing law, a willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action. This bill would specify that a willful or deliberate disregard of the Subletting and Subcontracting Fair Practices Act also constitutes a cause for disciplinary action. (4) Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind that, among others things, licenses and regulates schools and instructors for the training of guide dogs for the blind and the instruction of blind persons in the use of guide dogs. Under existing law, the board may authorize board-licensed schools or instructors employed by those schools to provide home training, as specified, in the use of guide dogs. Existing law requires schools desiring to provide home training to apply to the board and provide the board with specified information for conducting that home training subject to board approval. Existing law requires these schools to annually provide the board specified information about those persons receiving home training. Existing law also requires, except in cases of undue hardship, the guide dog user to complete a formal in-residence training program from a licensed or recognized school as a condition of receiving home training. This bill would eliminate that approval process and other requirements, including the formal in-residence training program for guide dog users, and would instead authorize schools and instructors licensed by the board to provide home training in the use of guide dogs. The bill would also require instructors to file annual reports with the board regarding persons receiving home training. (5) Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology by the State Board of Barbering and Cosmetology. Under existing law, nail care is a specialty branch within the practice of cosmetology and is the practice of, among other things, cutting, trimming, manicuring nails or massaging, cleansing, or beautifying the hands or feet of any person. Existing law permits metal instruments to be used for the cutting, trimming, manicuring, or pedicuring of nails or cuticles. This bill would specify that nail care is also the practice of pedicuring nails or massaging, cleansing, or beautifying from the elbow to the fingertips or the knee to the toes of any person. The bill would also permit metal instruments to be used for the smoothing and massaging of the hands and feet. Existing law makes it unlawful for any person to engage in barbering or cosmetology for compensation or to operate an establishment where barbering or cosmetology is practiced without a license and specifies that a violation of this requirement is a misdemeanor. This bill would instead provide that a violation of that requirement is subject to an administrative fine and may be subject to a misdemeanor. Existing law requires barbering and cosmetology establishments to provide specified handwashing facilities, including running water, soap, and approved sanitary towels. This bill would instead require these establishments to provide running water, soap, and towels or air hand dryers. Existing law authorizes the board to issue a notice of violation or a citation with an administrative fine to persons violating the act. Existing law authorizes these persons to appeal the citation and requires them or their appointed representative to appear in person before the disciplinary review committee. This bill would eliminate that appearance requirement and instead authorize these persons or their appointed representative to appear in person before the disciplinary review committee. (6) Existing law, the Cemetery Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties, including, but not limited to, the registering and regulating of cremated remains disposers. Existing law authorizes cremated remains to be removed in a durable container from the place of cremation or interment and kept in the dwelling owned or occupied by the person having the right to control disposition of the remains, or kept in a church or religious shrine if certain requirements are met, if the removal is under the authority of a permit for disposition of human remains. Under existing law, these disposition permits are required to include a description of the final place of disposition sufficient to identify the place and are issued by the local registrar. Existing law requires a crematory to maintain a specified identification system and requires that after cremation an identifying disk, tab, or other permanent label be placed within the urn or cremated remains container before the cremated remains are released from the crematory. This bill would authorize cremated remains to be kept in or on the real property owned or occupied by any person, with the permission of the person with the right to disposition of remains. The bill would also authorize a specified amount of cremated remains to be placed in a keepsake urn, as defined, and kept as authorized by the person or persons with the right to control disposition, provided that a disposition permit is issued by the local registrar for each keepsake urn and a specified permit fee is paid, and would exempt remains in the keepsake urn from specified identification system requirements. For all other urns, the bill would require the identifying disk, tab, or other permanent label to contain, among other things, the license number of the crematory. By establishing new duties on the local registrar, the bill would impose a state-mandated local program. Existing law prohibits a crematory from conducting any business unless there is in the same fireproof building or structure or in a separate fireproof building within the same cemetery a specified columbarium, burial park, or mausoleum. This bill would delete that prohibition. (7) The bill would delete various obsolete provisions and make other clarifying and conforming changes. (8) 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.
Bill status signed all 5 stages cleared
Introduction
Mar 2010
Committee Review
Aug 2010
Senate Passage
May 2010
Assembly Passage
Aug 2010
Signed into Law
Sep 2010
Introduced Mar 11, 2010 Signed Sep 28, 2010
Floor votes · Senate Aug 25, 2010 · Assembly Aug 23, 2010

How they voted

330
Passed · 5 other
Total votes 38
Aug 25, 2010
D Democratic25
23 Yea 2
92% Yea
R Republican13
10 Yea 3
76% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
7
Committee
6
Amendments
1
Sep 28, 2010
Signed into law
Approved by Governor.
legislature
Aug 25, 2010
Senate · Passed
Senate Vote: pass (33-0-5)
senate
Aug 25, 2010
Introduced
Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4905.) To enrollment.
upper
Aug 23, 2010
Assembly · Passed
Assembly Vote: pass (65-0-3)
assembly
Aug 5, 2010
Lower · Passed
(Heard in committee on August 4.)
lower
Aug 5, 2010
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)
lower
Jun 30, 2010
Lower · Passed
(Heard in committee on June 29.)
lower
Jun 30, 2010
Committee
From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) Re-referred to Com. on APPR.
lower
May 4, 2010
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Apr 20, 2010
Committee
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 3294.) Re-referred to Com. on APPR.
upper
Mar 11, 2010
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.