Bill Text: CA AB2130 | 2009-2010 | Regular Session | Chaptered
Bill Title: Professions and vocations: sunset review.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 670, Statutes of 2010. [AB2130 Detail]
Download: California-2009-AB2130-Chaptered.html
BILL NUMBER: AB 2130 CHAPTERED
BILL TEXT
CHAPTER 670
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN SENATE JUNE 22, 2010
AMENDED IN ASSEMBLY JUNE 2, 2010
INTRODUCED BY Assembly Member Huber
(Coauthor: Assembly Member Niello)
(Coauthor: Senator DeSaulnier)
FEBRUARY 18, 2010
An act to amend Section 22 of, to repeal Section 101.1 of, and to
repeal Division 1.2 (commencing with Section 473) of, the Business
and Professions Code, to amend and repeal Section 4351 of the Food
and Agricultural Code, to amend Sections 9148.51 and 9148.52 of, and
to amend and repeal Sections 8164.1, 8164.2, and 8164.3 of, the
Government Code, to amend and repeal Sections 1777, 1777.2, and
1777.4 of the Health and Safety Code, and to amend and repeal
Sections 5073.5, 5073.7, and 5074 of the Public Resources Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2130, Huber. Professions and vocations: sunset review.
Existing law establishes the Joint Committee on Boards,
Commissions, and Consumer Protection and, until January 1, 2012,
requires the committee to hold public hearings at specified times and
to evaluate whether a board or regulatory program has demonstrated a
need for its continued existence. Existing law states the intent of
the Legislature that all existing and proposed state boards be
subject to review every 4 years to evaluate and determine whether
each has demonstrated a public need for its continued existence, as
specified.
This bill would abolish the Joint Committee on Boards,
Commissions, and Consumer Protection and make other conforming
changes.
The bill would instead require the Joint Sunset Review Committee
to review all eligible agencies, as specified. The bill would require
the committee to evaluate and make a report on whether an agency
should be terminated or its functions revised or consolidated. The
bill would require that the report shall be available to the public
and the Legislature, as specified. The bill would impose a sunset
date of January 1, 2013, on the State Race Track Leasing Commission,
the Capitol Area Committee, the Continuing Care Advisory Committee,
and the California Recreational Trails Committee.
The bill would provide that its provisions would not become
operative unless AB 1659 of the 2009-10 Regular Session is enacted
and establishes the Joint Sunset Review Committee.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22 of the Business and Professions Code is
amended to read:
22. "Board," as used in any provision of this code, refers to the
board in which the administration of the provision is vested, and
unless otherwise expressly provided, shall include "bureau,"
"commission," "committee," "department," "division," "examining
committee," "program," and "agency."
SEC. 2. Section 101.1 of the Business and Professions Code is
repealed.
SEC. 3. Division 1.2 (commencing with Section 473) of the Business
and Professions Code is repealed.
SEC. 4. Section 4351 of the Food and Agricultural Code is amended
to read:
4351. (a) There is hereby created the State Race Track Leasing
Commission which shall be composed of the Director of Food and
Agriculture, the Director of Finance, and the Director of General
Services and three individuals, appointed by the Governor, who are
members of the Board of Directors of the 22nd District Agricultural
Association. The Director of Finance shall serve as chairperson of
the commission. All meetings of the commission shall be open and
public.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 5. Section 8164.1 of the Government Code is amended to read:
8164.1. There is in state government a Capitol Area Committee
consisting of nine members who shall be appointed in the following
manner:
(a) Four members of the committee shall be appointed by the
Governor of which at least one member shall be appointed from a list
of three candidates submitted by the City of Sacramento and at least
one member shall be appointed from a list of three candidates
submitted by the County of Sacramento. Two members shall be appointed
for a term expiring December 31, 1979, and two for a term expiring
December 31, 1981.
(b) Two members shall be appointed by the Speaker of the Assembly,
one of whom may be a Member of the Assembly, and two members shall
be appointed by the Senate Rules Committee, one of whom may be a
Member of the Senate. Legislative members of the committee shall meet
and, except as otherwise provided by the Constitution, advise the
department to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. Of the four appointments by the Legislature, two shall
be appointed for a term expiring December 31, 1979, and two for a
term expiring December 31, 1981.
(c) One shall be appointed by and serve at the pleasure of the
director.
Subsequent appointments pursuant to subdivisions (a) and (b) shall
be for terms of four years, ending on December 31st of the fourth
year after the end of the prior term, except that appointments to
fill vacancies occurring for any reason other than the expiration of
the term shall be for the unexpired portion of the term in which they
occur. The members of the board shall hold office until their
successors are appointed and qualify.
The members of the committee shall not receive compensation from
the state for their services under this article but, when called to
attend a meeting of the committee, shall be reimbursed for their
actual and necessary expenses incurred in connection with the meeting
in accordance with the rules of the Department of Personnel
Administration.
(d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 6. Section 8164.2 of the Government Code is amended to read:
8164.2. (a) The committee shall elect a chairperson. The
committee shall meet at least quarterly or upon the call of the
chairperson or the written request of any three members.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 7. Section 8164.3 of the Government Code is amended to read:
8164.3. (a) It is the purpose of the committee to independently
review the reports of the department to the Legislature and counsel
and advise the department in the carrying out of its responsibilities
related to the Capitol Area Plan. The committee may submit separate
comments on the departmental reports on the Capitol Area Plan to the
Legislature. The committee shall involve a broad cross section of
interested citizens in the form of an advisory body. The advisory
body shall serve without compensation.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 8. Section 9148.51 of the Government Code is amended to read:
9148.51. (a) It is the intent of the Legislature that all
existing and proposed eligible agencies, as defined in subdivision
(a) of Section 9147.7, be subject to review to evaluate and determine
whether each has demonstrated a public need for its continued
existence in accordance with enumerated factors and standards as set
forth in Article 7.5 (commencing with Section 9147.7).
(b) If any state board becomes inoperative or is repealed in
accordance with the act that added this section, any provision of
existing law that provides for the appointment of board members and
specifies the qualifications and tenure of board members shall not be
implemented and shall have no force or effect while that state board
is inoperative or repealed.
(c) Any provision of law authorizing the appointment of an
executive officer by a state board subject to the review described in
Article 7.5 (commencing with Section 9147.7), or prescribing his or
her duties, shall not be implemented and shall have no force or
effect while the applicable state board is inoperative or repealed.
SEC. 9. Section 9148.52 of the Government Code is amended to read:
9148.52. (a) The Joint Sunset Review Committee established
pursuant to Section 9147.7 shall review all eligible agencies.
(b) The committee shall evaluate and make determinations pursuant
to Article 7.5 (commencing with Section 9147.7).
(c) Pursuant to an evaluation made as specified in this section,
the committee shall make a report which shall be available to the
public and the Legislature on whether an agency should be terminated,
or continued, or whether its functions should be revised or
consolidated with those of another agency, and include any other
recommendations as necessary to improve the effectiveness and
efficiency of the agency. If the committee deems it advisable, the
report may include proposed legislative proposals that would carry
out its recommendations.
SEC. 10. Section 1777 of the Health and Safety Code is amended to
read:
1777. (a) The Continuing Care Advisory Committee of the
department shall act in an advisory capacity to the department on
matters relating to continuing care contracts.
(b) The members of the committee shall include:
(1) Three representatives of nonprofit continuing care providers
pursuant to this chapter, each of whom shall have offered continuing
care services for at least five years prior to appointment. One
member shall represent a multifacility provider and shall be
appointed by the Governor in even years. One member shall be
appointed by the Senate Committee on Rules in odd years. One member
shall be appointed by the Speaker of the Assembly in odd years.
(2) Three senior citizens who are not eligible for appointment
pursuant to paragraphs (1) and (4) who shall represent consumers of
continuing care services, all of whom shall be residents of
continuing care retirement communities but not residents of the same
provider. One senior citizen member shall be appointed by the
Governor in even years. One senior citizen member shall be appointed
by the Senate Committee on Rules in odd years. One senior citizen
member shall be appointed by the Speaker of the Assembly in odd
years.
(3) A certified public accountant with experience in the
continuing care industry, who is not a provider of continuing care
services. This member shall be appointed by the Governor in even
years.
(4) A representative of a for-profit provider of continuing care
contracts pursuant to this chapter. This member shall be appointed by
the Governor in even years.
(5) An actuary. This member shall be appointed by the Governor in
even years.
(6) One representative of residents of continuing care retirement
communities appointed by the senior citizen representatives on the
committee.
(7) One representative of either nonprofit or for-profit
providers appointed by the representatives of nonprofit and
for-provider providers on the committee.
(c) Commencing January 1, 1997, all members shall serve two-year
terms and be appointed based on their interest and expertise in the
subject area. The Governor shall designate the chairperson for the
committee with the advice and consent of the Senate. A member may be
reappointed at the pleasure of the appointing power. The appointing
power shall fill all vacancies on the committee within 60 days. All
members shall continue to serve until their successors are appointed
and qualified.
(d) The members of the committee shall serve without
compensation, except that each member shall be paid from the
Continuing Care Provider Fee Fund a per diem of twenty-five dollars
($25) for each day's attendance at a meeting of the committee not to
exceed six days in any month. The members of the committee shall also
receive their actual and necessary travel expenses incurred in the
course of their duties. Reimbursement of travel expenses shall be at
rates not to exceed those applicable to comparable state employees
under Department of Personnel Administration regulations.
(e) Prior to commencement of service, each member shall file with
the department a statement of economic interest and a statement of
conflict of interest pursuant to Article 3 (commencing with Section
87300) of the Government Code.
(f) If, during the period of appointment, any member no longer
meets the qualifications of subdivision (b), that member shall submit
his or her resignation to their appointing power and a qualified new
member shall be appointed by the same power to fulfill the remainder
of the term.
(g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 11. Section 1777.2 of the Health and Safety Code is amended
to read:
1777.2. (a) The Continuing Care Advisory Committee shall:
(1) Review the financial and managerial condition of continuing
care retirement communities operating under a certificate of
authority.
(2) Review the financial condition of any continuing care
retirement community that the committee determines is indicating
signs of financial difficulty and may be in need of close
supervision.
(3) Monitor the condition of those continuing care retirement
communities that the department or the chair of the committee may
request.
(4) Make available consumer information on the selection of
continuing care contracts and necessary contract protections in the
purchase of continuing care contracts.
(5) Review new applications regarding financial, actuarial, and
marketing feasibility as requested by the department.
(b) The committee shall make recommendations to the department
regarding needed changes in its rules and regulations and upon
request provide advice regarding the feasibility of new continuing
care retirement communities and the correction of problems relating
to the management or operation of any continuing care retirement
community. The committee shall also perform any other advisory
functions necessary to improve the management and operation of
continuing care retirement communities.
(c) The committee may report on its recommendations directly to
the director of the department.
(d) The committee may hold meetings, as deemed necessary to the
performance of its duties.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 12. Section 1777.4 of the Health and Safety Code is amended
to read:
1777.4. (a) Any member of the Continuing Care Advisory Committee
is immune from civil liability based on acts performed in his or her
official capacity. Costs of defending civil actions brought against a
member for acts performed in his or her official capacity shall be
borne by the complainant. However, nothing in this section immunizes
any member for acts or omissions performed with malice or in bad
faith.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 13. Section 5073.5 of the Public Resources Code is amended to
read:
5073.5. (a) The Governor shall establish a California
Recreational Trails Committee to advise the director in the
development and coordination of the system. The committee shall
consist of seven members appointed by the Governor. Two members shall
be selected from the northern, two members from the southern, and
two members from the central portions of the state, and one member
shall be selected at large. Members shall be selected from lists
submitted by private organizations that have a demonstrated interest
in the establishment of recreation trails. The chair of the committee
shall be elected by the members from their membership.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 14. Section 5073.7 of the Public Resources Code is amended to
read:
5073.7. (a) The terms of the members of the committee shall be
four years, except that such members first appointed to the committee
shall classify themselves by lot so that the term of three members
shall expire January 15, 1976, the term of two members shall expire
January 15, 1977, and the term of two members shall expire January
15, 1978.
Members of the committee shall serve without compensation, but
shall be reimbursed for actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 15. Section 5074 of the Public Resources Code is amended to
read:
5074. The committee shall have the following powers and duties:
(a) Coordinate trail planning and development among cities,
counties, and districts. In carrying out this responsibility, the
committee shall review records of easements and other interests in
lands which are available for recreational trail usage, including
public lands, utility easements, other rights-of-way, gifts, or
surplus public lands which may be adaptable for such use, and shall
advise the director in the development of standards for trail
construction so that uniform construction standards may be available
to cities, counties, and districts.
(b) Advise the director in the preparation and maintenance of the
plan.
(c) Study the problems and opportunities presented by the use of
private property for recreational trail use and advise the director
on measures to mitigate undesirable aspects of such usage.
(d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 16. The provisions of this act shall not become operative
unless Assembly Bill 1659 of the 2009-10 Regular Session is also
enacted and becomes operative on or before January 1, 2011, and adds
Article 7.5 (commencing with Section 9147.7) to Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code to establish the
Joint Sunset Review Committee.
