SB 547

Bill Subjects

Abstract

(1) Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency and provides that the department is under the control of the Director of Consumer Affairs. (A) Existing law establishes within the department a Division of Consumer Services under the supervision and control of a chief who is appointed by the Governor. This bill would repeal the provision establishing the Division of Consumer Services. (B) Existing law authorizes the Department of Consumer Affairs to enter into a contract with a vendor for the licensing and enforcement of the BreEZe system, which is a specified integrated, enterprisewide enforcement case management and licensing system, no sooner than 30 days after written notification to certain committees of the Legislature. This bill would require the director to report progress on release 3 entities' transition to the new licensing technology platform to the appropriate committees of the Legislature, as specified. (C) Existing law establishes a motor vehicle inspection and maintenance program, commonly known as smog check, that is administered by the Department of Consumer Affairs. Existing law, the Automotive Repair Act provides for the licensure and regulation of automotive repair dealers, among others, by the Chief of the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. The act requires the director, on the director's initiative or in response to a complaint, to investigate a violation of the act, or of any regulation adopted pursuant to the act, by any automotive repair dealer, automotive technician, or employee, partner, officer, or member of any automotive repair dealer. Existing law establishes the Consumer Affairs Fund, and generally authorizes withdrawal of funds without furnishing vouchers and itemized statements when used on matters requiring confidentiality. This bill would authorize the enforcement programs established by the department and the bureau to investigate violations of the Automotive Repair Act and the Motor Vehicle Inspection and Maintenance Program and to purchase motor vehicles of various makes, models, and condition when purchasing vehicles used for evidentiary purposes as part of these investigations. The bill would also exempt these acquisitions from various laws, including, but not limited to, labor and public contracting laws. (2) Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners. Under the act, each person practicing chiropractic, after a license has been issued, is annually required to pay the board a renewal fee not exceeding $250. Existing law authorizes the Legislature to fix these fees. Existing law directs the deposit of these funds into the State Board of Chiropractic Examiners' Fund, a continuously appropriated fund. This bill, until January 1, 2019, would require a licensee to pay an annual renewal fee of $300. By increasing the amount deposited in the State Board of Chiropractic Examiners' Fund, the bill would make an appropriation. The bill would also require the State Board of Chiropractic Examiners to submit a report to the appropriate policy and fiscal committees of the Legislature by July 1, 2018, that contains, at a minimum, the status of the board's fee audit and an update on the board's plans for restructuring its license fees. (3) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. (A) Existing law provides for the certification and regulation of podiatrists by the California Board of Podiatric Medicine within the jurisdiction of the Medical Board of California and requires certain fees to be paid to the board, including a fee for the application and issuance of a certificate to practice podiatric medicine. This bill would revise the fees, as specified. (B) Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists and occupational therapy assistants by the California Board of Occupational Therapy and requires certain fees to be paid to the board, including a fee to collect fingerprints for a criminal history record check. This bill would prohibit the fee for the criminal history record check from exceeding the amount charged by the agency providing the criminal history record check. The bill would also require the board to charge a fee to query the National Practitioner Data Bank for applicants for licensure and renewal of licensure and would prohibit that fee from exceeding the amount charged per query. (C) Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing within the Department of Consumer Affairs and sets forth its powers and duties regarding the licensure and regulation of registered nurses. That act authorizes a registered nurse whose license has been revoked or suspended or who has been placed on probation to petition the board for reinstatement or modification of penalty. This bill would authorize the board to hear the petition or to assign the petition to an administrative law of the Office of Administrative Hearings and would require the administrative law judge to submit a proposed decision in a specified manner. (D) Existing law, the Psychology Licensing Law, establishes the Board of Psychology to license and regulate the practice of psychology and authorizes the board to collect specified fees, including a delinquency fee of $25. This bill would instead make the delinquency fee 50 percent of the renewal fee for each license type, not to exceed $150. (E) Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy and authorizes the board to employ inspectors of pharmacy. This bill would also authorize the board to employ legal counsel. (F) Existing law, the Veterinary Medicine Practice Act, provides for the licensure and regulation of veterinarians, veterinary technicians, and the practice of veterinary medicine by the Veterinary Medical Board and authorizes a person whose license or registration has been revoked or placed on probation to petition the board for reinstatement or modification of penalty after a period of not less than one year. Existing law authorizes a registered veterinary technician, under conditions of emergency, to render lifesaving care to an animal and defines "emergency" for these purposes as the animal has been placed in a life-threatening condition and immediate treatment is necessary to sustain life. Existing law requires certain boards and bureaus under the Department of Consumer Affairs to provide on the Internet information regarding the status of every license issued by that board or bureau, as specified. This bill would instead provide that a person may petition the board for reinstatement or modification of penalty after at least 3 years for reinstatement of a surrendered or revoked license, at least 2 years for early termination or modification of probation of 3 years or more, or at least one year for modification of a condition or termination of probation of less than 3 years. The bill would authorize the board, upon a showing of good cause, to specify in an order imposing probation of more than 3 years that the person may petition for reissuement, modification, or termination of probation after one year. The bill would revise the above-described definition of "emergency" to mean the animal has been placed in a life-threatening condition and immediate treatment is necessary. This bill would additionally require the Veterinary Medical Board to provide information regarding the status of every license issued by it on the Internet. (G) Existing law provides for the licensure and regulation of accountants by the California Board of Accountancy, which is within the Department of Consumer Affairs. Existing law prohibits confidential information obtained by a licensee concerning a client from being disclosed by the licensee without the written permission of the client, except when the disclosure is made by a licensee or a licensee's duly authorized representative to another licensee in connection with a proposed sale or merger of the licensee's professional practice. This bill would additionally authorize that disclosure in that same connection to another person, provided the parties enter into a written nondisclosure agreement. Existing law, until January 1, 2019, authorizes an individual otherwise meeting a condition for a practice privilege to perform certain audit and financial statement review services only through a firm of certified public accountants that is required to be registered with the board and authorizes such an individual qualified for the practice privilege to practice public accountancy in this state without the imposition of a notice, fee, or any other requirements. Existing law authorizes the board to adopt regulations to carry out the practice privilege provisions and regulations have been adopted, which become inoperative on January 1, 2019. To ensure uninterrupted implementation of the practice privilege provisions, this bill would authorize the board to adopt or amend regulations to remove or extend the inoperative date of these regulations. The bill would require the Office of Administrative Law to consider the board's action to remove or extend the inoperative dates of these regulations as a change without regulatory effect and would exempt the board from complying with the Administrative Procedure Act with respect to that removal or extension. (H) Existing law authorizes a certified interior designer, as defined, to obtain a stamp from an interior design organization, as defined, that uniquely identifies the designer and certifies that he or she meets certain qualifications and requires the use of that stamp on all drawings and documents submitted to any governmental agency by the designer. Existing law provides that these provisions are repealed on January 1, 2018. This bill would instead repeal those provisions on January 1, 2022. (I) Existing law, the Barbering and Cosmetology Act, provides for the licensing and regulation of persons engaging in the practice of barbering, cosmetology, or electrolysis, as specified. Existing law authorizes an apprentice, as defined, to perform services under the supervision of a licensee approved by the State Board of Barbering and Cosmetology, as specified. Practicing barbering, cosmetology, or electrolysis without being properly licensed is a crime. This bill would define the term "under the supervision of a licensee" for these provisions to mean a person supervised at all times by a licensee while performing services in a licensed establishment. The bill would also prohibit an apprentice from being the only person working in an establishment and would deem an apprentice who is not being supervised by a licensee to be practicing under the act without a license. Because this bill would expand the scope of a crime, it would impose a state-mandated local program. (J) Existing law, the Private Security Services Act, provides for the licensing and regulation of private patrol operators by the Bureau of Security and Investigative Services. Existing law requires the bureau to issue a firearms permit to a licensee, a qualified manager of a licensee, or a registered security guard if certain conditions are met. Existing law, beginning on January 1, 2018, requires an applicant for a firearms permit if he or she is a registered security guard to complete an assessment, as defined, and be found capable of exercising appropriate judgment, restraint, and self-control, as specified. This bill would instead make those requirements applicable beginning either on January 1, 2018, or upon a date determined by the bureau, but not later then July 1, 2018. (K) The Cemetery and Funeral Act provides for the licensure and regulation of cemeteries, crematories, funeral establishments, and their personnel by the Cemetery and Funeral Bureau, and requires any person employed by, or an agent of, a licensed funeral establishment who consults with the family or representatives of the family of a deceased person for the purpose of arranging certain services to receive documented training, as specified. This bill would require that training to be completed at least once every 3 years. (L) Existing law provides for the licensure and regulation of locksmiths and their employees, repossessors and their employees and contractors, proprietary private security officers, proprietary private security employers, private security officers, private security employers, and alarm companies by the Department of Consumer Affairs and the Bureau of Security and Investigative Services. Existing law requires the payment of various fees for the application, issuance, renewal, and reinstatement of licenses and registrations for those vocations. This bill, commencing July 1, 2018, would increase these fees, as specified. The bill, commencing July 1, 2018, would require a verification document to include specified information, and would impose a fee of a specified amount for an endorsed verification of licensure. The bill, commencing July 1, 2018, would impose a fee of a specified amount for the replacement of a lost or destroyed registration card, license, or certificate and would require the request for the replacement be made in the manner prescribed by the bureau. The bill would state it is the intent of the Legislature that the bureau not maintain a reserve balance of funds greater than the amount necessary to fund operating expenses and that the bureau periodically review fees charged for the regulation of the above-described professions and vocations to evaluate the appropriateness of each fee and the regulatory cost associated with each fee. (M) Existing state law, the Real Estate Appraisers' Licensing and Certification Law, provides for the licensure, certification, and regulation of real estate appraisers and appraisal management companies by the Bureau of Real Estate Appraisers within the Department of Consumer Affairs, which is headed by the Chief of the Bureau of Real Estate Appraisers. Existing state law prohibits a person from engaging in federally related real estate appraisal activity without an active license. Existing state law defines "federally related transaction" as any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for, or regulates, and which requires the services of a state licensed real estate appraiser. Existing state law prohibits a person or entity from acting in the capacity of an appraisal management company without first obtaining a certificate of registration from the bureau. Existing state law defines an "appraisal management company" as a person or entity that maintains an approved list or lists, containing 11 or more independent contractor licensed or certified appraisers, or employs 11 or more licensed or certified appraisers, receives requests for appraisals from one or more clients, and for a fee paid by one or more of its clients, delegates appraisal assignments for completion by its independent contractor or employee appraisers. Existing federal law, the Dodd-Frank Wall Street Reform and Consumer Protection Act, requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Federal Housing Finance Agency, and the Bureau of Consumer Financial Protection to jointly, by rule, establish minimum requirements to be applied by a state in the registration of appraisal management companies. These minimum requirements include a requirement that an appraisal management company (1) register with and be subject to supervision by a state appraiser certifying and licensing agency in each state in which that company operates, (2) verify that only licensed or certified appraisers are used for federally related transactions, (3) require that appraisals coordinated by an appraisal management company comply with the Uniform Standards of Professional Appraisal Practice, and (4) require that appraisals are conducted independently and free from inappropriate influence and coercion, as provided. Existing federal law does not prohibit states from establishing additional requirements. Existing federal law prohibits an appraisal management company from being registered by a state or included on the national registry if the company is owned by any person whose appraiser license or certificate was refused, denied, canceled, surrendered in lieu of revocation, or revoked in any state. This bill would conform to federal law by, among other things, redefining an "appraisal management company" as a person that (1) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates, (2) provides those services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations, and (3) within a given 12–month period, oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state or 25 or more state-certified or state-licensed appraisers in two or more states. The bill would define "appraiser panel" and prescribe the method for determining whether an appraiser is a part of the appraisal management company's appraiser panel. The bill would additionally prohibit a person or entity from representing itself to the public as an appraisal management company, either in advertising or through its business name, without a certificate of registration. Existing state law prohibits a person other than a licensee from signing an appraisal and authorizes a specified trainee to sign an appraisal if it is also signed by the licensee. Existing law authorizes an individual who is not a licensee to assist in the preparation of an appraisal under certain conditions. This bill would prohibit a person other than a licensee from signing an appraisal in a federally related transaction. The bill would authorize a trainee to sign an appraisal in such a transaction if it is also signed by a licensee. The bill would authorize an individual who is not a licensee to assist in the preparation of an appraisal in a federally related transaction under certain conditions. Existing state law prohibits the chief from issuing a certificate of registration to an appraisal management company unless the appraisal management company confirms in its application for registration that all of its contracts with clients include specified standard business practices. This bill would delete that provision and require all appraisal management companies to, among other things, direct the appraiser to perform the assignment in accordance with the Uniform Standards of Professional Appraisal Practice and engage appraisal panel members with an engagement letter that shall include terms of payment. Existing federal law requires a federally regulated appraisal management company to report to the state or states in which it operates the information required to be submitted by the state pursuant to the policies of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council regarding the determination of the fee imposed by the AMC National Registry, which is the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee. This bill would require a federally regulated appraisal management company operating in California to report to the bureau the information required to be submitted by the bureau to the Appraisal Subcommittee. The bill would authorize the bureau to charge the federally regulated appraisal management company a fee in an amount not to exceed the reasonable regulatory cost to the board for processing the information. This bill would also define various other terms for purposes of carrying out these provisions. This bill would make various other nonsubstantive and technical changes. (4) (A) Existing law provides for the regulation of commercial weighing and measuring devices by the Department of Food and Agriculture, and provides for the enforcement of those provisions by the State Sealer and by county sealers of weights and measures in each county. Existing law requires the department to keep the standards of the state for weights and measures in a suitable laboratory location or, if transportable, to maintain the standards under appropriate environmental conditions and requires the department to have the standards directly certified by the National Institute of Standards and Technology or by any measurement assurance procedures approved by that institute. Existing law requires the department to use the standards of the state to certify similar standards and any dissimilar standards which are dependent on the values represented by the state standards. Existing law requires the department, or a certified laboratory designated by the department, to certify standards of the county sealers at specified intervals. Existing law, until January 1, 2019, requires the Secretary of Food and Agriculture to establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the Department of Food and Agriculture for exercising supervision over and performing investigations in connection with specified activities performed by sealers, and requires the administrative fee to be collected for every device registered with each county office of weights and measures and paid annually to the Department of Food and Agriculture Fund. This bill would additionally require the annual administrative fee to be used to recover reasonable costs incurred by the department for the safekeeping and certification of the state standards, for using the state standards to certify other standards, and for certifying the standards of county sealers. (B) Existing law defines various terms for purposes of regulating weighing and measuring devices, including the term "commercial purposes." This bill would provide that commercial purposes does not include the determination of the weight of any animal or human by a qualified health provider, California-licensed veterinarian, licensed physician and surgeon, or staff members within the business operations of and under the supervision of a California-licensed veterinarian, or licensed physician and surgeon for the purposes of determining the appropriate dosage of any medication or medical treatment or the volume, duration, or application of any medical procedure. (5) This bill would incorporate additional changes to Sections 7583.20 and 7598.17 of the Business and Professions Code proposed by SB 800 to be operative as specified. (6) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (7) 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.