Bill Text: CA SB822 | 2013-2014 | Regular Session | Chaptered
Bill Title: Professions and vocations.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2013-09-20 - Chaptered by Secretary of State. Chapter 319, Statutes of 2013. [SB822 Detail]
Download: California-2013-SB822-Chaptered.html
BILL NUMBER: SB 822 CHAPTERED
BILL TEXT
CHAPTER 319
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2013
APPROVED BY GOVERNOR SEPTEMBER 20, 2013
PASSED THE SENATE AUGUST 30, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY JUNE 12, 2013
AMENDED IN SENATE APRIL 22, 2013
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Lieu (Chair), Block, Corbett, Emmerson,
Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)
MARCH 20, 2013
An act to amend Sections 5096, 5096.2, 5096.12, 7026.1, 7065.3,
7114, 7141, 7206, 7210, 7887, 9807, and 17914 of, to add Section 7851
to, and to repeal Sections 102.1 and 102.2 of, the Business and
Professions Code, and to amend Section 44011 of the Health and Safety
Code, relating to professions and vocations, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 822, Committee on Business, Professions and Economic
Development. Professions and vocations.
(1) Existing law requires that certain actions take place with
regard to the Cemetery Board and Funeral Directors and Embalmers
Board and the Structural Pest Control Board by January 1, 1996.
This bill would delete those provisions.
(2) Existing law, between July 1, 2013, and January 1, 2019,
authorizes an individual whose principal place of business is not in
this state and who has a valid and current license, certificate, or
permit to practice public accountancy from another state to engage in
the practice of public accountancy in this state under a practice
privilege without obtaining a certificate or license, if certain
conditions are met.
This bill would add the condition that the individual is required
to notify the Board of Accountancy of any pending criminal charges in
any jurisdiction, other than for a minor traffic violation.
Existing law, between July 1, 2013, and January 1, 2019,
authorizes a certified public accounting firm that is authorized to
practice in another state and that does not have an office in this
state to engage in the practice of public accountancy in this state
through the holder of a practice privilege, and the board is
authorized to revoke, suspend, issue a fine, as provided, or
otherwise restrict or discipline the firm for any act that would be
grounds for discipline against a holder of a practice privilege
through which the firm practices.
This bill would also authorize the board to issue a citation and
fine, as provided, under the general powers given to the board as a
part of the Department of Consumer Affairs.
(3) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors in this state. Existing
law defines the term "contractor" to mean, among other things, any
person, consultant to an owner-builder, corporation, or company who
or which undertakes, offers to undertake, purports to have the
capacity to undertake, or submits a bid to construct any building or
home improvement project, or a part thereof.
Under existing law, a contractor's license that has expired may
be renewed at any time within 5 years after its expiration by filing
an application for renewal on a form prescribed by the registrar of
contractors, and payment of the appropriate renewal fee. If the
license is renewed after the expiration date, existing law requires
the licensee to also pay a delinquency fee. The registrar of
contractors is required to conduct a comprehensive field
investigation of no less than 3% of applications for an additional
classification on a contractor's license based upon experience and
without further examination to ensure that the applicants met the
experience requirements and to make public, at quarterly meetings of
the Contractors' State License Board, a listing of all additional
classification applications approved during the previous 12 months,
including, but not limited to, the name of the applicant, license
number, classification applied for, and existing classifications.
This bill would provide that the term "contractor" or "consultant"
does not apply to a common interest development manager, and a
common interest development manager is not required to have a
contractor's license when performing management services, as defined.
The bill would provide an exception to the requirement to pay the
delinquency fee where an incomplete renewal application, that had
originally been submitted on or before the license expiration date,
was returned to the licensee by the registrar with an explanation of
the reasons for its rejection and a corrected and acceptable renewal
application is returned by the licensee within 30 days after the
license expiration date. The bill would also require that the license
reflect an expired status for any period between the expiration date
and the date of submission of a correct and acceptable renewal
application. The bill would delete the requirement that the registrar'
s investigation be a field investigation, and would delete the
requirement that the registrar make public, at quarterly meetings of
the Contractors' State License Board, the listing of all additional
classification applications approved during the previous 12 months.
(4) Existing law, until January 1, 2014, provides that there is in
the Department of Consumer Affairs a State Board of Guide Dogs for
the Blind that has exclusive authority to issue licenses for the
instruction of blind persons in the use of guide dogs, for the
training of guide dogs for use by blind persons, to operate schools
for the training of guide dogs for the blind, and for the instruction
of blind persons in the use of guide dogs. Existing law requires the
board to hold regular meetings at least once a year at which an
examination of applicants for certificates of registration is to be
given.
This bill would delete the regular meeting requirement.
(5) Existing law, the Geologist and Geophysicist Act, provides for
the licensure, regulation, and discipline of professional geologists
and geophysicists by the Board for Professional Engineers, Land
Surveyors, and Geologists. A violation of the act is a misdemeanor.
Existing law creates the Geology and Geophysics Account of the
Professional Engineer's and Land Surveyor's Fund, which is a
continuously appropriated fund, into which fees prescribed by the act
are deposited.
This bill would create a new category of licensure, to be known as
a "retired license," for a geologist or geophysicist who meets
specified qualifications and would prescribe fees necessary to obtain
a retired license, as well as restrictions on holders of the
license. The bill would also specify the title that the holder of a
retired license is authorized to use. Because a violation of these
requirements would be a crime, the bill would impose a state-mandated
local program. Because the bill would increase moneys deposited into
a continuously appropriated fund, the bill would make an
appropriation.
(6) Existing law requires any person who regularly transacts
business in this state for profit under a fictitious business name to
do several things, including, but not limited to, filing a
fictitious business name statement not later than 40 days from the
time the registrant commences to transact business. Existing law
requires the statement to be signed by the husband or wife if the
registrants are husband and wife.
This bill would instead provide that the statement shall be signed
by either party to the marriage if the registrants are a married
couple.
(7) Existing law authorizes service dealers, licensed by the
Bureau of Electronic and Appliance Repair, Home Furnishings, and
Thermal Insulation, to install, calibrate, service, maintain, and
monitor ignition interlock devices.
This bill would limit that authorization to those licensed persons
who are authorized to engage in the electronic repair industry, as
defined.
(8) Existing law establishes a motor vehicle inspection and
maintenance (smog check) program administered by the Department of
Consumer Affairs.
This bill would correct an erroneous cross-reference with respect
to that program.
(9) This bill would incorporate changes to Section 7887 of the
Business and Professions Code proposed by SB 152 that would become
operative if this bill and SB 152 are both chaptered and this bill is
chaptered last.
(10) 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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 102.1 of the Business and Professions Code is
repealed.
SEC. 2. Section 102.2 of the Business and Professions Code is
repealed.
SEC. 3. Section 5096 of the Business and Professions Code, as
added by Section 9 of Chapter 411 of the Statutes of 2012, is amended
to read:
5096. (a) An individual whose principal place of business is not
in this state and who has a valid and current license, certificate,
or permit to practice public accountancy from another state may,
subject to the conditions and limitations in this article, engage in
the practice of public accountancy in this state under a practice
privilege without obtaining a certificate or license under this
chapter if the individual satisfies one of the following:
(1) The individual has continually practiced public accountancy as
a certified public accountant under a valid license issued by any
state for at least 4 of the last 10 years.
(2) The individual has a license, certificate, or permit from a
state that has been determined by the board to have education,
examination, and experience qualifications for licensure
substantially equivalent to this state's qualifications under Section
5093.
(3) The individual possesses education, examination, and
experience qualifications for licensure that have been determined by
the board to be substantially equivalent to this state's
qualifications under Section 5093.
(b) The board may designate states as substantially equivalent
under paragraph (2) of subdivision (a) and may accept individual
qualification evaluations or appraisals conducted by designated
entities, as satisfying the requirements of paragraph (3) of
subdivision (a).
(c) An individual who qualifies for the practice privilege under
this section may engage in the practice of public accountancy in this
state, and no notice, fee, or other requirement shall be imposed on
that individual by the board.
(d) An individual who qualifies for the practice privilege under
this section may perform the following services only through a firm
of certified public accountants that has obtained a registration from
the board pursuant to Section 5096.12:
(1) An audit or review of a financial statement for an entity
headquartered in California.
(2) A compilation of a financial statement when that person
expects, or reasonably might expect, that a third party will use the
financial statement and the compilation report does not disclose a
lack of independence for an entity headquartered in California.
(3) An examination of prospective financial information for an
entity headquartered in California.
(e) An individual who holds a practice privilege under this
article:
(1) Is subject to the personal and subject matter jurisdiction and
disciplinary authority of the board and the courts of this state.
(2) Shall comply with the provisions of this chapter, board
regulations, and other laws, regulations, and professional standards
applicable to the practice of public accountancy by the licensees of
this state and to any other laws and regulations applicable to
individuals practicing under practice privileges in this state except
the individual is deemed, solely for the purpose of this article, to
have met the continuing education requirements and ethics
examination requirements of this state when the individual has met
the examination and continuing education requirements of the state in
which the individual holds the valid license, certificate, or permit
on which the substantial equivalency is based.
(3) Shall not provide public accountancy services in this state
from any office located in this state, except as an employee of a
firm registered in this state. This paragraph does not apply to
public accountancy services provided to a client at the client's
place of business or residence.
(4) Is deemed to have appointed the regulatory agency of the state
that issued the individual's certificate, license, or permit upon
which substantial equivalency is based as the individual's agent on
whom notices, subpoenas, or other process may be served in any action
or proceeding by the board against the individual.
(5) Shall cooperate with any board investigation or inquiry and
shall timely respond to a board investigation, inquiry, request,
notice, demand, or subpoena for information or documents and timely
provide to the board the identified information and documents.
(6) Shall cease exercising the practice privilege in this state if
the regulatory agency in the state in which the individual's
certificate, license, or permit was issued takes disciplinary action
resulting in the suspension or revocation, including stayed
suspension, stayed revocation, or probation of the individual's
certificate, license, or permit, or takes other disciplinary action
against the individual's certificate, license, or permit that arises
from any of the following:
(A) Gross negligence, recklessness, or intentional wrongdoing
relating to the practice of public accountancy.
(B) Fraud or misappropriation of funds.
(C) Preparation, publication, or dissemination of false,
fraudulent, or materially incomplete or misleading financial
statements, reports, or information.
(7) Shall cease exercising the practice privilege in this state if
convicted in any jurisdiction of any crime involving dishonesty,
including, but not limited to, embezzlement, theft, misappropriation
of funds or property, or obtaining money, property, or other valuable
consideration by fraudulent means or false pretenses.
(8) Shall cease exercising the practice privilege if the United
States Securities and Exchange Commission or the Public Company
Accounting Oversight Board bars the individual from practicing before
them.
(9) Shall cease exercising the practice privilege if any
governmental body or agency suspends the right of the individual to
practice before the body or agency.
(10) Shall notify the board of any pending criminal charges, other
than for a minor traffic violation, in any jurisdiction.
(f) An individual who is required to cease practice pursuant to
paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the
board within 15 calendar days, on a form prescribed by the board,
and shall not practice public accountancy in this state pursuant to
this section until he or she has received from the board written
permission to do so.
(g) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
subdivision (f) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the
practice privilege were a license and the individual were a licensee.
An individual in violation of subdivision (e) or (f) shall, for a
minimum of one year from the date the board learns there has been a
violation of subdivision (e) or (f), not practice in this state and
shall not have the possibility of reinstatement during that period.
If the board determines that the failure to cease practice or provide
the notice was intentional, that individual's practice privilege
shall be revoked and there shall be no possibility of reinstatement
for a minimum of two years.
(h) The board shall require an individual who provides notice to
the board pursuant to subdivision (f) to cease the practice of public
accountancy in this state until the board provides the individual
with written permission to resume the practice of public accountancy
in this state.
(i) (1) An individual to whom, within the last seven years
immediately preceding the date on which he or she wishes to practice
in this state, any of the following criteria apply, shall notify the
board, on a form prescribed by the board, and shall not practice
public accountancy in this state pursuant to this section until the
board provides the individual with written permission to do so:
(A) He or she has been the subject of any final disciplinary
action by the licensing or disciplinary authority of any other
jurisdiction with respect to any professional license or has any
charges of professional misconduct pending against him or her in any
other jurisdiction.
(B) He or she has had his or her license in another jurisdiction
reinstated after a suspension or revocation of the license.
(C) He or she has been denied issuance or renewal of a
professional license or certificate in any other jurisdiction for any
reason other than an inadvertent administrative error.
(D) He or she has been convicted of a crime or is subject to
pending criminal charges in any jurisdiction other than a minor
traffic violation.
(E) He or she has otherwise acquired a disqualifying condition as
described in subdivision (a) of Section 5096.2.
(2) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
paragraph (1) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the
practice privilege were a license and the individual were a licensee.
An individual in violation of subdivision (e) or paragraph (1)
shall, for a minimum of one year from the date the board knows there
has been a violation of subdivision (e) or paragraph (1), not
practice in this state and shall not have the possibility of
reinstatement during that period. If the board determines that the
failure to cease practice or provide the notice was intentional, that
individual shall be prohibited from practicing in this state in the
same manner as if a licensee has his or her practice privilege
revoked and there shall be no possibility of reinstatement for a
minimum of two years.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 4. Section 5096.2 of the Business and Professions Code, as
added by Section 15 of Chapter 411 of the Statutes of 2012, is
amended to read:
5096.2. (a) (1) Practice privileges may be revoked for any of the
following reasons:
(A) If an individual no longer qualifies under, or complies with,
the provisions of this article, including, but not limited to,
Section 5096, or implementing regulations.
(B) If an individual commits any act that if committed by an
applicant for licensure would be grounds for denial of a license
under Section 480.
(C) If an individual commits any act that if committed by a
licensee would be grounds for discipline under Section 5100.
(D) If an individual commits any act outside of this state that
would be a violation if committed within this state.
(E) If an individual acquires at any time, while exercising the
practice privilege, any disqualifying condition under paragraph (2).
(2) Disqualifying conditions include:
(A) Conviction of any crime other than a minor traffic violation.
(B) Revocation, suspension, denial, surrender, or other discipline
or sanctions involving any license, permit, registration,
certificate, or other authority to practice any profession in this or
any other state or foreign country or to practice before any state,
federal, or local court or agency, or the Public Company Accounting
Oversight Board.
(C) Any judgment or arbitration award against the individual
involving the professional conduct of the individual in the amount of
thirty thousand dollars ($30,000) or greater.
(D) Any other conditions as specified by the board in regulation.
(3) The board may adopt regulations exempting specified minor
occurrences of the conditions listed in subparagraph (B) of paragraph
(2) from being disqualifying conditions under this subdivision.
(b) The board may revoke practice privileges using either of the
following procedures:
(1) Notifying the individual in writing of all of the following:
(A) That the practice privilege is revoked.
(B) The reasons for revocation.
(C) The earliest date on which the individual may qualify for a
practice privilege.
(D) That the individual has a right to appeal the notice and
request a hearing under the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code) if a written notice
of appeal and request for hearing is made within 60 days.
(E) That, if the individual does not submit a notice of appeal and
request for hearing within 60 days, the board's action set forth in
the notice shall become final.
(2) Filing a statement of issues under the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(c) An individual whose practice privilege has been revoked may
only subsequently exercise the practice privilege upon application to
the board for reinstatement of the practice privilege not less than
one year after the effective date of the notice or decision revoking
the practice privilege, unless a longer time period is specified in
the notice or decision revoking the practice privilege.
(d) Holders of practice privileges are subject to suspension,
citations, fines, or other disciplinary actions for any conduct that
would be grounds for discipline against a licensee of the board or
for any conduct in violation of this article or regulations adopted
thereunder.
(e) The board may recover its costs pursuant to Section 5107 as
part of any disciplinary proceeding against the holder of a practice
privilege.
(f) The provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), including, but not limited to, the
commencement of a disciplinary proceeding by the filing of an
accusation by the board, shall apply under this article.
(g) If the board revokes or otherwise limits an individual's
practice privilege, the board shall promptly notify the regulatory
agency of the state or states in which the individual is licensed,
and the United States Securities and Exchange Commission, the Public
Company Accounting Oversight Board, and the National Association of
State Boards of Accountancy.
(h) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 5. Section 5096.12 of the Business and Professions Code, as
added by Section 35 of Chapter 411 of the Statutes of 2012, is
amended to read:
5096.12. (a) A certified public accounting firm that is
authorized to practice in another state and that does not have an
office in this state may engage in the practice of public accountancy
in this state through the holder of a practice privilege provided
that:
(1) The practice of public accountancy by the firm is limited to
authorized practice by the holder of the practice privilege.
(2) A firm that engages in practice under this section is deemed
to consent to the personal, subject matter, and disciplinary
jurisdiction of the board with respect to any practice under this
section.
(b) The board may revoke, suspend, issue a fine pursuant to
Article 6.5 (commencing with Section 5116), issue a citation and fine
pursuant to Section 125.9, or otherwise restrict or discipline the
firm for any act that would be grounds for discipline against a
holder of a practice privilege through which the firm practices.
(c) A firm that provides the services described in subdivision (d)
of Section 5096 shall obtain a registration from the board.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 6. Section 7026.1 of the Business and Professions Code is
amended to read:
7026.1. (a) The term "contractor" includes all of the following:
(1) Any person not exempt under Section 7053 who maintains or
services air-conditioning, heating, or refrigeration equipment that
is a fixed part of the structure to which it is attached.
(2) (A) Any person, consultant to an owner-builder, firm,
association, organization, partnership, business trust, corporation,
or company, who or which undertakes, offers to undertake, purports to
have the capacity to undertake, or submits a bid to construct any
building or home improvement project, or part thereof.
(B) For purposes of this paragraph, a consultant is a person,
other than a public agency or an owner of privately owned real
property to be improved, who meets either of the following criteria
as it relates to work performed pursuant to a home improvement
contract as defined in Section 7151.2:
(i) Provides or oversees a bid for a construction project.
(ii) Arranges for and sets up work schedules for contractors and
subcontractors and maintains oversight of a construction project.
(3) A temporary labor service agency that, as the employer,
provides employees for the performance of work covered by this
chapter. The provisions of this paragraph shall not apply if there is
a properly licensed contractor who exercises supervision in
accordance with Section 7068.1 and who is directly responsible for
the final results of the work. Nothing in this paragraph shall
require a qualifying individual, as provided in Section 7068, to be
present during the supervision of work covered by this chapter. A
contractor requesting the services of a temporary labor service
agency shall provide his or her license number to that temporary
labor service agency.
(4) Any person not otherwise exempt by this chapter, who performs
tree removal, tree pruning, stump removal, or engages in tree or limb
cabling or guying. The term contractor does not include a person
performing the activities of a nurseryperson who in the normal course
of routine work performs incidental pruning of trees, or guying of
planted trees and their limbs. The term contractor does not include a
gardener who in the normal course of routine work performs
incidental pruning of trees measuring less than 15 feet in height
after planting.
(5) Any person engaged in the business of drilling, digging,
boring, or otherwise constructing, deepening, repairing,
reperforating, or abandoning any water well, cathodic protection
well, or monitoring well.
(b) The term "contractor" or "consultant" does not include a
common interest development manager, as defined in Section 11501, and
a common interest development manager is not required to have a
contractor's license when performing management services, as defined
in subdivision (d) of Section 11500.
SEC. 7. Section 7065.3 of the Business and Professions Code is
amended to read:
7065.3. Notwithstanding Section 7065, upon a conclusive showing
by a licensee that he or she possesses experience satisfactory to the
registrar in the classification applied for, an additional
classification may be added, without further examination, under all
of the following conditions:
(a) For five of the seven years immediately preceding the
application, the qualifying individual of the licensee has been
listed as a member of the personnel of any licensee whose license was
active and in good standing, and who during the period listed on a
license was actively engaged in the licensee's construction
activities.
(b) The qualifying individual for the applicant has had within the
last 10 years immediately preceding the filing of the application,
not less than four years experience as a journeyman, foreman,
supervising employee, or contractor in the classification within
which the licensee intends to engage in the additional classification
as a contractor.
(c) The application is, as determined by the registrar, for a
classification that is closely related to the classification or
classifications in which the licensee is licensed, or the qualifying
individual is associated with a licensed general engineering
contractor or licensed general building contractor and is applying
for a classification that is a significant component of the licensed
contractor's construction business as determined by the registrar.
This section shall not apply to an applicant who is licensed solely
within the limited-specialty classifications.
Pursuant to Section 7065, the registrar shall conduct a
comprehensive investigation of no less than 3 percent of applications
filed under this section to ensure that the applicants met the
experience requirements of this section.
SEC. 8. Section 7114 of the Business and Professions Code is
amended to read:
7114. (a) Aiding or abetting an unlicensed person to evade the
provisions of this chapter or combining or conspiring with an
unlicensed person, or allowing one's license to be used by an
unlicensed person, or acting as agent or partner or associate, or
otherwise, of an unlicensed person with the intent to evade the
provisions of this chapter constitutes a cause for disciplinary
action.
(b) A licensee who is found by the registrar to have violated
subdivision (a) shall, in accordance with the provisions of this
article, be subject to the registrar's authority to order payment of
a specified sum to an injured party, including, but not limited to,
payment for any injury resulting from the acts of the unlicensed
person.
SEC. 9. Section 7141 of the Business and Professions Code is
amended to read:
7141. (a) Except as otherwise provided in this chapter, a license
that has expired may be renewed at any time within five years after
its expiration by filing an application for renewal on a form
prescribed by the registrar and payment of the appropriate renewal
fee. Renewal under this section shall be effective on the date an
acceptable renewal application is filed with the board. The licensee
shall be considered unlicensed and there will be a break in the
licensing time between the expiration date and the date the renewal
becomes effective. Except as provided in subdivision (b), if the
license is renewed after the expiration date, the licensee shall also
pay the delinquency fee prescribed by this chapter.
(b) An incomplete renewal application that had originally been
submitted on or before the license expiration date shall be returned
to the licensee by the registrar with an explanation of the reasons
for its rejection. If a corrected and acceptable renewal application
is not returned within 30 days after the license expiration date, the
delinquency fee shall apply. The 30 day grace period shall apply
only to the delinquency fee. The license shall reflect an expired
status for any period between the expiration date and the date of
submission of a correct and acceptable renewal application.
(c) If so renewed, the license shall continue in effect through
the date provided in Section 7140 that next occurs after the
effective date of the renewal, when it shall expire if it is not
again renewed.
(d) If a license is not renewed within five years, the licensee
shall make an application for a license pursuant to Section 7066.
SEC. 10. Section 7206 of the Business and Professions Code is
amended to read:
7206. Special meetings shall be held upon request of a majority
of the members of the board or upon the call of the president.
SEC. 11. Section 7210 of the Business and Professions Code is
amended to read:
7210. It shall be unlawful for any person to sell, offer for
sale, give, hire or furnish under any other arrangement, any guide
dog or to engage in the business or occupation of training a guide
dog unless he or she holds a valid and unimpaired license issued
pursuant to this chapter.
SEC. 12. Section 7851 is added to the Business and Professions
Code, to read:
7851. (a) The board shall issue, upon application and payment of
the fee established by Section 7887, a retired license to a geologist
or geophysicist who has been licensed by the board for a minimum of
five years within California and a minimum of 20 years within the
United States or its territories, and who holds a license that is not
suspended, revoked, or otherwise disciplined, or subject to pending
discipline under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
geologist's or geophysicist's license is required. A geologist or
geophysicist holding a retired license may use the titles "retired
professional geologist" or "professional geologist, retired," or
"retired professional geophysicist" or "professional geophysicist,
retired."
(c) The holder of a retired license shall not be required to renew
that registration.
(d) In order for the holder of a retired license, issued pursuant
to this section, to restore his or her license to active status he or
she shall pass the examination required for initial licensure with
the board.
SEC. 13. Section 7887 of the Business and Professions Code is
amended to read:
7887. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination shall be fixed at not more than two hundred fifty dollars
($250).
(b) The license fee for a geologist or for a geophysicist and the
fee for the certification in a specialty shall be fixed at an amount
equal to the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued, except that, with
respect to certificates that will expire less than one year after
issuance, the fee shall be fixed at an amount equal to 50 percent of
the renewal fee in effect on the last regular renewal date before the
date on which the certificate is issued. The board may, by
appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee shall be fixed at not more than
six dollars ($6).
(d) The temporary license fee for a geologist or for a
geophysicist shall be fixed at not more than eighty dollars ($80).
(e) The renewal fee for a geologist or for a geophysicist shall be
fixed at not more than four hundred dollars ($400).
(f) The renewal fee for a specialty geologist or for a specialty
geophysicist shall be fixed at not more than one hundred dollars
($100).
(g) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular
renewal date.
(h) Each applicant for licensure as a geologist shall pay an
examination fee fixed at an amount equal to the actual cost to the
board to administer the examination described in subdivision (d) of
Section 7841.
(i) Each applicant for licensure as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
(j) The fee for a retired license shall be fixed at not more than
50 percent of the fee for filing an application for licensure as a
geologist or a geophysicist in effect on the date of application for
a retired license.
SEC. 13.5. Section 7887 of the Business and Professions Code is
amended to read:
7887. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination shall be fixed at not more than two hundred fifty dollars
($250).
(b) The license fee for a geologist or for a geophysicist and the
fee for the certification in a specialty shall be fixed at an amount
equal to the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued, except that, with
respect to certificates that will expire less than one year after
issuance, the fee shall be fixed at an amount equal to 50 percent of
the renewal fee in effect on the last regular renewal date before the
date on which the certificate is issued. The board may, by
appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee shall be fixed at not more than
six dollars ($6).
(d) The renewal fee for a geologist or for a geophysicist shall be
fixed at not more than four hundred dollars ($400).
(e) The renewal fee for a specialty geologist or for a specialty
geophysicist shall be fixed at not more than one hundred dollars
($100).
(f) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.
(g) Each applicant for licensure as a geologist shall pay an
examination fee fixed at an amount equal to the actual cost to the
board to administer the examination described in subdivision (d) of
Section 7841.
(h) Each applicant for licensure as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
(i) The fee for a retired license shall be fixed at not more than
50 percent of the fee for filing an application for licensure as a
geologist or a geophysicist in effect on the date of application for
a retired license.
SEC. 14. Section 9807 of the Business and Professions Code is
amended to read:
9807. (a) Notwithstanding any other law, a service dealer
licensed under this chapter and authorized to engage in the
electronic repair industry, as defined in subdivision (p) of Section
9801, may install, calibrate, service, maintain, and monitor ignition
interlock devices.
(b) The bureau shall adopt regulations to implement this section
consistent with the standards adopted by the Bureau of Automotive
Repair and the Office of Traffic Safety under Section 9882.14.
SEC. 15. Section 17914 of the Business and Professions Code is
amended to read:
17914. The statement shall be signed as follows:
(a) If the registrant is an individual, by the individual.
(b) If the registrants are a married couple, by either party to
the marriage.
(c) If the registrant is a general partnership, limited
partnership, limited liability partnership, copartnership, joint
venture, or unincorporated association other than a partnership, by a
general partner.
(d) If the registrant is a limited liability company, by a manager
or officer.
(e) If the registrant is a trust, by a trustee.
(f) If the registrant is a corporation, by an officer.
(g) If the registrant is a state or local registered domestic
partnership, by one of the domestic partners.
SEC. 16. Section 44011 of the Health and Safety Code is amended to
read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section
44012, implements test procedures applicable to motorcycles.
(2) All motor vehicles that have been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) All motor vehicles manufactured prior to the 1976 model-year.
(4) (A) Except as provided in subparagraph (B), all motor vehicles
four or less model-years old.
(B) Beginning January 1, 2005, all motor vehicles six or less
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to
the state implementation plan required by the federal Clean Air Act.
(C) All motor vehicles excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (c) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) All motor vehicles that the department determines would
present prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(8) (A) All diesel-powered vehicles manufactured prior to the 1998
model-year.
(B) All diesel-powered vehicles that have a gross vehicle weight
rating of 8,501 to 10,000 pounds, inclusive, until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(C) All diesel-powered vehicles that have a gross vehicle weight
rating from 10,001 pounds to 14,000 pounds, inclusive, until the
state board and the Department of Motor Vehicles determine the best
method for identifying these vehicles, and until the department, in
consultation with the state board, pursuant to Section 44012,
implements test procedures applicable to these vehicles.
(D) All diesel-powered vehicles that have a gross vehicle weight
rating of 14,001 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259 of the Vehicle Code, is exempt from those
portions of the test required by subdivision (f) of Section 44012 if
the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle's class and model-year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel
leaks.
SEC. 17. Section 13.5 of this bill incorporates amendments to
Section 7887 of the Business and Professions Code proposed by both
this bill and Senate Bill 152. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 7887 of the Business and
Professions Code, and (3) this bill is enacted after Senate Bill 152,
in which case Section 13 of this bill shall not become operative.
SEC. 18. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
