Bill Text: CA SB247 | 2017-2018 | Regular Session | Amended
Bill Title: Professions and vocations: license requirement: business: surety bond requirement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB247 Detail]
Download: California-2017-SB247-Amended.html
|
Amended
IN
Senate
April 17, 2017 |
|
Amended
IN
Senate
March 20, 2017 |
| Senate Bill | No. 247 |
| Introduced by Senator Moorlach |
February 06, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares as follows:SEC. 2.
Section 460.5 is added to the Business and Professions Code, to read:460.5.
(a) Notwithstanding any other law, on or after January 1, 2018, a city, county, or city and county may not impose any licensing requirement or fee on any profession or vocation if that profession or vocation is not already subject to a city, county, or city and county licensing requirement or fee on January 1, 2018, but the city, county, or city and county may continue to regulate any profession or vocation that is subject to its licensing requirement or fee on January 1, 2018.SEC. 3.
Section 655.2 of the Business and Professions Code is amended to read:655.2.
(a) (1) No physician and surgeon or medical corporation licensed under Chapter 5 (commencing with Section 2000), nor any audiologist who is not a licensed dispensing audiologist or hearing aid dispenser shall employ any individualSEC. 4.
Section 2538.10 of the Business and Professions Code is amended to read:2538.10.
For the purposes of this article, the following definitions shall apply:(b)“License” means a hearing aid dispenser’s license issued pursuant to this article and includes a temporary license.
(c)“Licensee” means a person holding a license.
(d)
(e)
SEC. 5.
Section 2538.12 of the Business and Professions Code is amended to read:2538.12.
ASEC. 6.
Section 2538.16 of the Business and Professions Code is amended to read:2538.16.
The board shall keep a record of all prosecutions for violations of thisSEC. 7.
Section 2538.17 of the Business and Professions Code is repealed.The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The board may require applicants to first complete the required course of instruction or otherwise satisfy the board that the applicant possesses the necessary background and qualifications to fit or sell hearing aids. If the board promulgates regulations to implement this section to require a course of instruction concerned with fitting and selling hearing aids, the board shall obtain the advice of persons knowledgeable in the preparation and administration of a course of instruction.
The board may publish and distribute information concerning the examination requirements for obtaining a license to
engage in the practice of fitting and selling hearing aids within this state.
SEC. 8.
Section 2538.18 of the Business and Professions Code is amended to read:2538.18.
AllSEC. 9.
Section 2538.19 of the Business and Professions Code is amended to read:2538.19.
(a) The board may prosecute any and all persons for any violation of this article.SEC. 3.SEC. 10.
Section 2538.20 of the Business and Professions Code is repealed.SEC. 11.
Section 2538.23 of the Business and Professions Code is amended to read:2538.23.
(a) Hearing aids may be sold by catalog or direct mail provided that:SEC. 12.
Section 2538.24 of the Business and Professions Code is repealed.Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The application shall be made upon a form and shall be made in the manner as is provided by the board and shall be accompanied by the fee provided for in Section 2538.57.
SEC. 13.
Section 2538.25 of the Business and Professions Code is repealed.(a)The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser’s license. The board may provide that the preparation and grading of the examination be conducted by a competent person or organization other than the board, provided, however, that the board shall establish the guidelines for the examination and shall approve the actual examination.
(b)Each applicant shall take and pass a written examination and a practical examination compiled at the direction of the board covering the critical tasks involved in the practice of fitting and selling hearing aids and the knowledge, skills, and abilities needed to perform those tasks safely and competently.
SEC. 14.
Section 2538.26 of the Business and Professions Code is repealed.The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its equivalent, who have not committed acts or crimes constituting grounds for denial of licensure under Section 480, and who have paid the fees provided for in Section 2538.57. No license shall be issued to any person other than an individual.
SEC. 15.
Section 2538.27 of the Business and Professions Code is repealed.(a)An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to him or her upon satisfactory proof to the board that the applicant holds a hearing aid dispenser’s license in another state, that the licensee has not been subject to formal disciplinary action by another licensing authority, and that the applicant has been engaged in the fitting and sale of hearing aids for the two years immediately prior to application.
(b)A temporary license issued pursuant to this section shall be valid for one year from date of issuance and is not renewable. A temporary license shall automatically terminate upon issuance of a license
prior to expiration of the one-year period.
(c)The holder of a temporary license issued pursuant to this section who fails either license examination shall be subject to and shall comply with the supervision requirements of Section 2538.28 and any regulations adopted pursuant thereto.
SEC. 16.
Section 2538.28 of the Business and Professions Code is repealed.(a)An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary license issued to him or her. The temporary license shall entitle the temporary licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary licensee under his or her supervision that may constitute a violation of this chapter.
(b)The board shall adopt regulations setting forth criteria for its refusal to approve
a hearing aid dispenser to supervise a temporary licensee, including procedures to appeal that decision.
(c)A temporary license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary license to any applicant. Notwithstanding subdivision (d), if a temporary licensee who is entitled to renew a temporary license does not renew the temporary license and applies for a new temporary license at a later time, the new temporary license shall only be issued and renewed subject to the limitations set forth in this subdivision.
(d)A new temporary license may be issued pursuant to this section if a temporary license issued pursuant to subdivision (c) has lapsed for a minimum
of three years from the expiration or cancellation date of the previous temporary license. The bureau may issue only one new temporary license under this subdivision.
SEC. 17.
Section 2538.29 of the Business and Professions Code is repealed.A temporary licensee under Section 2538.28 shall take the license examination within the first 10 months after the temporary license is issued. Failure to take the license examination within that time shall result in expiration of the temporary license, and it shall not be renewed unless the temporary licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary license if the licensee failed to take the necessary examination due to illness or other hardship.
SEC. 18.
Section 2538.30 of the Business and Professions Code is repealed.(a)A temporary licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.
(b)A temporary licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.
SEC. 19.
Section 2538.31 of the Business and Professions Code is repealed.Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by the board at least 45 days prior to the date it is to be held.
SEC. 20.
Section 2538.32 of the Business and Professions Code is repealed.Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination. An applicant shall pass the written examination before he or she may take the practical examination. An applicant shall obtain a passing score on both the written and the practical examination in order to be issued a license.
SEC. 21.
Section 2538.33 of the Business and Professions Code is amended to read:2538.33.
(a) Before engaging in the practice of fitting or selling hearing aids, eachSEC. 22.
Section 2538.34 of the Business and Professions Code is amended to read:2538.34.
(a) EverySEC. 23.
Section 2538.35 of the Business and Professions Code is amended to read:2538.35.
A(e)The number of the licensee’s license and the name and license number of any other hearing aid dispenser or temporary licensee who provided any recommendation or consultation regarding the purchase of the hearing aid.
(f)
SEC. 24.
Section 2538.36 of the Business and Professions Code is amended to read:2538.36.
(a) Whenever any of the following conditions are found to exist either from observations by theSEC. 25.
Section 2538.37 of the Business and Professions Code is amended to read:2538.37.
No hearing aid shall be sold bySEC. 26.
Section 2538.38 of the Business and Professions Code is amended to read:2538.38.
ASEC. 27.
Section 2538.39 of the Business and Professions Code is amended to read:2538.39.
A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by anySEC. 28.
Section 2538.40 of the Business and Professions Code is repealed.Upon denial of an application for license, the board shall notify the applicant in writing, stating (1) the reason for the denial and (2) that the applicant has a right to a hearing under Section 2533.2 if he or she makes written request therefor within 60 days after notice of denial. Service of the notice required by this section may be made by certified mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise.
SEC. 29.
Section 2538.41 of the Business and Professions Code is repealed.Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the regular examination given for applicants for licenses.
SEC. 30.
Section 2538.42 of the Business and Professions Code is repealed.Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 31.
Section 2538.43 of the Business and Professions Code is repealed.It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board.
SEC. 32.
Section 2538.44 of the Business and Professions Code is repealed.It is unlawful to purchase or procure by barter any license issued by the board with intent to use the same as evidence of the holder’s qualification to practice the fitting or selling of hearing aids.
SEC. 33.
Section 2538.45 of the Business and Professions Code is repealed.It is unlawful to alter with fraudulent intent in any material regard a license issued by the board.
SEC. 34.
Section 2538.46 of the Business and Professions Code is repealed.It is unlawful to use or attempt to use any license issued by the board that has been purchased, fraudulently issued, counterfeited, or materially altered as a valid license.
SEC. 35.
Section 2538.47 of the Business and Professions Code is repealed.It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board for a license.
SEC. 36.
Section 2538.48 of the Business and Professions Code is repealed.It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked, and unexpired license or temporary license.
SEC. 37.
Section 2538.49 of the Business and Professions Code is amended to read:2538.49.
It is unlawful for aSEC. 38.
Section 2538.50 of the Business and Professions Code is repealed.It is unlawful to advertise by displaying a sign or otherwise or hold himself or herself out to be a person engaged in the practice of fitting or selling hearing aids without having at the time of so doing a valid, unrevoked license or temporary license.
SEC. 39.
Section 2538.51 of the Business and Professions Code is amended to read:2538.51.
It is unlawful to engage in the practice of fitting or selling hearing aids without theSEC. 40.
Section 2538.52 of the Business and Professions Code is amended to read:2538.52.
When tests are conducted bySEC. 41.
Section 2538.53 of the Business and Professions Code is repealed.(a)A license issued under this article expires at midnight on its assigned renewal date.
(b)To renew an unexpired license, the licensee shall, on or before the date of expiration of the license, apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
(c)Temporary license holders shall renew their licenses in accordance with Section 2538.27, and apply for that renewal on a form provided by the board, accompanied by the prescribed renewal fee for temporary licenses.
(d)Each duplicate license issued for a branch office shall expire on the same date as the permanent license of the hearing aid dispenser to whom the duplicate license was issued. These duplicate licenses shall be renewed according to subdivision (b).
SEC. 42.
Section 2538.54 of the Business and Professions Code is repealed.Except as otherwise provided in this article, an expired license may be renewed at any time within three years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license is renewed after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 2538.53 which next occurs after the effective date of the
renewal, when it shall expire if it is not again renewed.
SEC. 43.
Section 2538.55 of the Business and Professions Code is repealed.A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the fitting or selling of hearing aids, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. A license which has been revoked is subject to expiration, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its
revocation.
SEC. 44.
Section 2538.56 of the Business and Professions Code is repealed.A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if all of the following apply:
(a)He or she has not committed acts or crimes constituting grounds for denial of licensure under Section 480.
(b)He or she pays all the fees that would be required of him or her if he or she were then applying for a license for the first time.
(c)He or she takes and passes the examination that would be required of him or her if he or she were then
applying for a license for the first time, or otherwise establishes to the satisfaction of the board that he or she is qualified to engage in the practice of fitting or selling hearing aids. The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination under this section.
SEC. 45.
Section 2538.57 of the Business and Professions Code is repealed.The amount of fees and penalties prescribed by this article shall be those set forth in this section unless a lower fee is fixed by the board:
(a)The fee for applicants applying for the first time for a license is seventy-five dollars ($75), which shall not be refunded, except to applicants who are found to be ineligible to take an examination for a license. Those applicants are entitled to a refund of fifty dollars ($50).
(b)The fees for taking or retaking the written and practical examinations shall be amounts fixed by the board, which shall be equal to the actual cost of preparing, grading, analyzing, and administering the examinations.
(c)The initial temporary license fee is one hundred dollars ($100). The fee for renewal of a temporary license is one hundred dollars ($100) for each renewal.
(d)The initial permanent license fee is two hundred eighty dollars ($280). The fee for renewal of a permanent license is not more than two hundred eighty dollars ($280) for each renewal.
(e)The initial branch office license fee is twenty-five dollars ($25). The fee for renewal of a branch office license is twenty-five dollars ($25) for each renewal.
(f)The delinquency fee is twenty-five dollars ($25).
(g)The fee for issuance of a replacement license is twenty-five dollars ($25).
(h)The continuing education course approval application fee is fifty dollars ($50).
(i)The fee for official certification of licensure is fifteen dollars ($15).
SEC. 46.
Section 2539.1 of the Business and Professions Code is amended to read:2539.1.
(a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532 and 2532.2, no licensed audiologist shall sell hearing aids unless he or she completes an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(b)(1)On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids
pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to his or her audiology license subject to the provisions of this chapter. Upon the expiration of the audiologist’s license to sell hearing aids, the board shall issue him or her a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispenser’s license from maintaining dual or separate licenses if he or she chooses to do so.
(2)A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell
hearing aids pursuant to this subdivision and he or she shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.
(c)
(d)
SEC. 47.
Section 6980 of the Business and Professions Code is amended to read:6980.
The following terms as used in this chapter have the meaning expressed in this article:(a)“Branch office” means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. Branch office includes the California office of any out-of-state business conducting, directing, dispatching, or managing a locksmith business, service, or service providers in California. A telephone answering service or a telephone call-forwarding device, for routing calls within the immediate geographic area, shall not be deemed to be a branch office.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)“Licensee” means a business entity, whether an individual, partnership, or corporation, licensed under this chapter.
(j)
(k)
(l)“Registrant” means an employee registered pursuant to the provisions of this chapter.
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
SEC. 48.
Section 6980.4 of the Business and Professions Code is repealed.The chief shall gather evidence of violations of this chapter and of any rule or regulation established under this chapter by unlicensed persons who engage in a business for which a license is required under this chapter, and shall furnish the evidence to prosecuting officers of any county, city, or city and county for the purpose of prosecuting those violations.
SEC. 49.
Section 6980.7 of the Business and Professions Code is repealed.(a)The director may adopt and enforce rules and regulations as may be reasonable and necessary for issuing licenses to applicants, for the conduct of the licensees, or for the general enforcement of this chapter in the protection of the public.
(b)These rules and regulations shall be adopted in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4.SEC. 50.
Section 6980.10 of the Business and Professions Code is repealed.SEC. 51.
Section 6980.12 of the Business and Professions Code is amended to read:6980.12.
This chapter does not apply to the following persons:SEC. 52.
Section 6980.13 of the Business and Professions Code is amended to read:6980.13.
(a) Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, or who knowingly engages a nonexemptSEC. 53.
Section 6980.14 of the Business and Professions Code is amended to read:6980.14.
(a) The superior court in and for the county where any person has engaged or is about to engage in any act that constitutes a violation of thisSEC. 54.
Section 6980.15 of the Business and Professions Code is amended to read:6980.15.
No person engaged in performing any locksmith serviceSEC. 55.
Section 6980.17 of the Business and Professions Code is repealed.(a)An application for a locksmith license shall be made in writing to, and filed with, the chief in the form as may be required by the director, and shall be accompanied by the application fee prescribed by this chapter. The chief may require the submission of any other relevant information, evidence, statements, or documents.
(b)Every application for a locksmith license shall state, among other things that may be required, the name of the applicant, the name under which the applicant will do business, and the location by street, number, and city of the office of the business for which the license is sought.
(c)No license shall be issued in any fictitious name that may be confused with, or that is similar to, any federal, state, county, or municipal governmental function or agency, or to any law enforcement agency, or in any name that may tend to describe any business function or enterprise not actually engaged in by the applicant.
(d)No license shall be issued in any fictitious name that is misleading or would constitute false advertising.
SEC. 56.
Section 6980.19 of the Business and Professions Code is repealed.If the applicant for a license is an individual, the application shall state the full name of the individual, the full residence address of the applicant, and that the applicant is to be personally and actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by the applicant, under penalty of perjury.
SEC. 57.
Section 6980.20 of the Business and Professions Code is repealed.If the applicant for a license is a partnership, the application shall state the true names and addresses of all the general partners and the name of the partner to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed under penalty of perjury by all of the general partners.
SEC. 58.
Section 6980.21 of the Business and Professions Code is repealed.(a)If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The corporation identification number issued by the Secretary of State shall be indicated on the application. The application shall also state the name and address of a designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant under penalty of perjury.
(b)Except as herein otherwise provided, no individual shall be placed in active charge of the business if the individual has ever had a license revoked for cause or has ever been disqualified from further employment in the locksmith business pursuant to this chapter.
SEC. 59.
Section 6980.22 of the Business and Professions Code is repealed.No new or original license shall be issued to any applicant pending final disposition of any disciplinary action previously filed against the person or applicant or partner, or officer of the applicant, or pending final disposition of any disciplinary action related to the locksmith business previously filed in another state against the person or applicant or partner, or officer of the applicant.
SEC. 60.
Section 6980.24 of the Business and Professions Code is repealed.The director shall issue a license, the form and content of which shall be determined in accordance with Section 164. In addition, the director shall issue a “Certificate of Licensure” to any licensee, upon request, with the fee prescribed in this chapter. A “Certificate of Licensure” shall include an embossed seal of the State of California and the signature of the chief or his or her designated representative.
SEC. 61.
Section 6980.26 of the Business and Professions Code is repealed.(a)Each locksmith license, together with the current renewal certificate, if any, shall at all times be conspicuously displayed at the place of business, each branch office, and in each mobile service vehicle for which the license is issued.
(b)The director may assess a fine of two hundred fifty dollars ($250) per violation of subdivision (a). These fines shall be deposited in the Private Security Services Fund.
SEC. 62.
Section 6980.27 of the Business and Professions Code is repealed.Every locksmith license shall expire at 12 midnight of the last day of the month two years following the date of issuance unless renewed; provided however, that the bureau may establish procedures, pursuant to Sections 152.5 and 152.6, for the administration of a staggered license renewal program. To renew an unexpired license or registration, the licensee shall apply for renewal on a form prescribed by the director, pay any and all fines assessed by the chief or the director which are not pending appeal, and pay the renewal fee prescribed by this chapter. On renewal, such evidence of renewal of the license or registration as the director may prescribe shall be issued to the licensee. The bureau shall send to each licensee a notice of renewal at least 45 calendar days prior to the expiration of each unexpired license.
SEC. 63.
Section 6980.28 of the Business and Professions Code is repealed.A locksmith license not renewed within three years following its expiration may not be renewed thereafter. Renewal of the license within three years, or issuance of an original license thereafter, shall be subject to payment of any and all fines assessed by the chief or the director which are not pending appeal and all other applicable fees.
SEC. 64.
Section 6980.29 of the Business and Professions Code is repealed.A suspended locksmith license is subject to expiration and shall be renewed as provided in this article, but renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. The bureau shall not issue a license renewal certificate on a suspended license until the period of suspension has terminated.
SEC. 65.
Section 6980.30 of the Business and Professions Code is repealed.A locksmith whose license has been canceled pursuant to this article, may obtain a new license only upon compliance with all of the provisions of this chapter relating to the issuance of an initial license.
SEC. 66.
Section 6980.31 of the Business and Professions Code is repealed.No license issued pursuant to this chapter shall be transferred to another person.
SEC. 67.
Section 6980.32 of the Business and Professions Code is repealed.Every licensee shall notify the bureau, in writing, within 30 days, of any change of residence or business address.
SEC. 68.
Section 6980.33 of the Business and Professions Code is amended to read:6980.33.
ASEC. 69.
Section 6980.34 of the Business and Professions Code is repealed.(a)Every application for a locksmith license in which the person applying desires to have the license issued under a fictitious business name shall include a certified copy of the fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7.
(b)A licensee desiring to operate a locksmith business under one or more fictitious business names shall apply and qualify for an initial license for each fictitious business name.
(c)No licensee shall indicate, or cause to be indicated, in any printed matter, or in any directory or listing, that he or she conducts a locksmith business under any name, other than the name for which he or she is licensed.
(d)An application for a license for an additional fictitious business name shall be in the same form, and the applicant shall meet the same requirements, as for an initial license.
SEC. 70.
Section 6980.35 of the Business and Professions Code is repealed.A locksmith desiring to operate a locksmith business at a location other than the principal place of business shall apply for a branch office registration for each additional location as set forth in this chapter.
SEC. 71.
Section 6980.37 of the Business and Professions Code is repealed.A locksmith who maintains or proposes to maintain a branch office as defined in this article, shall apply and qualify for a branch office registration.
SEC. 72.
Section 6980.38 of the Business and Professions Code is repealed.An application for a branch office registration under this article shall be on a form prescribed by the director and shall be accompanied by the fee as set forth in this chapter.
SEC. 73.
Section 6980.39 of the Business and Professions Code is repealed.An application for a branch office registration shall include:
(a)The full name and address of, and the telephone number at, the principal business location.
(b)The address of, and the telephone number at, the branch
office.
SEC. 74.
Section 6980.40 of the Business and Professions Code is repealed.Upon receipt of the application for a branch office registration, the chief shall issue a “Branch Office Registration.” The registration shall be posted in a conspicuous place at the branch office location.
SEC. 75.
Section 6980.41 of the Business and Professions Code is repealed.Every branch office registration issued under this chapter shall be subject to the same renewal provisions which apply to a license as provided in this chapter.
SEC. 76.
Section 6980.42 of the Business and Professions Code is amended to read:6980.42.
(a) Within seven days after commencing employment, any employee of a locksmith(b)Except as provided in subdivision (c), an employee of a licensee may be assigned to work with a temporary registration card issued by the licensee until the bureau issues a registration card or denies the application for registration. A temporary registration card shall in no event be valid for more than 120 days. However, the director may extend the expiration date beyond the 120 days if there is an abnormal delay in processing applications for locksmith employees. For purposes of this section, the 120-day period shall commence on the date the applicant signs the application.
(c)An employee who has been convicted of a crime prior to applying for a position as a locksmith employee performing the services of a locksmith shall not be issued a temporary registration card and shall not be assigned to work as a locksmith until the bureau issues a permanent registration card. This subdivision shall apply only if the applicant for registration has disclosed the conviction to the bureau on his or her application form, or if the fact of the conviction has come to the attention of the bureau through official court or other governmental documents.
(d)
SEC. 77.
Section 6980.44 of the Business and Professions Code is amended to read:6980.44.
The application shall be verified and shall include the following:SEC. 78.
Section 6980.47 of the Business and Professions Code is amended to read:6980.47.
If the director determines that continued employment of anSEC. 79.
Section 6980.48 of the Business and Professions Code is amended to read:6980.48.
(a) Upon determining that the applicant is qualifiedSEC. 80.
Section 6980.49 of the Business and Professions Code is repealed.A licensee shall at all times be responsible for ascertaining that his or her employees subject to registration are currently registered or have made proper application for registration as provided in this article. The licensee shall not have in his or her employment a person performing the services of a locksmith whose registration has expired, or been revoked, denied, suspended, or canceled.
SEC. 81.
Section 6980.50 of the Business and Professions Code is repealed.(a)All registrations shall be placed on a cyclical renewal and shall expire two years following the date of issuance or assigned renewal date.
(b)At least 60 days prior to the expiration of a registration, a registrant who desires to renew his or her registration shall forward to the bureau a copy of his or her current registration card, along with the renewal fee as set forth in this chapter.
(c)An expired registration may still be renewed within 30 days from the date of expiration provided the registrant pays a delinquency fee provided by this chapter. A registration not renewed within 30 days following its expiration may not be renewed thereafter. The holder of an expired registration may obtain a new registration only on compliance with all the provisions of this chapter relating to the issuance of an original registration. The holder of an expired registration shall not engage in any activity requiring registration under this chapter until the bureau issues a renewal or new registration.
(d)If the renewed registration card has not been delivered to the registrant, prior to the date of expiration of the prior registration, the registrant may present evidence of renewal to substantiate continued registration, for a period not to exceed 90 days after the date of expiration.
(e)A registration shall not be renewed until any and all fines, not pending appeal, assessed by the chief or the director have been paid.
SEC. 82.
Section 6980.53 of the Business and Professions Code is amended to read:6980.53.
A locksmithSEC. 83.
Section 6980.54 of the Business and Professions Code is amended to read:6980.54.
(a) A locksmithSEC. 84.
Section 6980.55 of the Business and Professions Code is amended to read:6980.55.
(a) Any locksmith who knowingly and willfully opens any residence, or commercial establishment for another by any method involving an on-site inspection of a door or entrance, whether or not for compensation, shall obtain the street address of the residence or commercial establishment, and the signature of the person for whom the residence or commercial establishment was opened on a work order form. The following information regarding the person requesting entry to the residence or commercial property shall be recorded on a work order form:SEC. 85.
Section 6980.58 of the Business and Professions Code is amended to read:6980.58.
ASEC. 86.
Section 6980.59 of the Business and Professions Code is repealed.(a)A licensee shall notify the bureau within 30 days of any change of its officers required to be named pursuant to Section 6980.21 and of the addition of any new partners. Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may deny the application of a new officer or partner if the director determines that the officer or partner has committed any act which constitutes grounds for the denial of a license pursuant to Section 6980.71.
(b)A Notice of Warning shall be issued for the first violation of this section. Thereafter, the director shall assess a fine of five hundred dollars ($500) for each subsequent violation of this section.
SEC. 87.
Section 6980.60 of the Business and Professions Code is repealed.No licensee or employee shall conduct business from any location other than the location for which a license or branch office registration was issued.
SEC. 88.
Section 6980.61 of the Business and Professions Code is repealed.No licensee shall conduct a business as an individual, partnership, or corporation, unless the licensee holds a valid license issued to the same individual, partnership, or corporation.
SEC. 89.
Section 6980.62 of the Business and Professions Code is amended to read:6980.62.
(a) EachSEC. 90.
Section 6980.63 of the Business and Professions Code is repealed.Within seven days, each locksmith shall verify proof of current and valid registration issued by the bureau for each employee who is subject to registration, or shall require an employee to complete and submit an application for registration, pursuant to Section 6980.42, after employing an individual who does not possess a current and valid registration from the bureau.
SEC. 91.
Section 6980.64 of the Business and Professions Code is amended to read:6980.64.
(a) Every advertisement by aSEC. 92.
Section 6980.65 of the Business and Professions Code is repealed.No licensee or person shall aid and abet an unlicensed or nonexempt locksmith in any activity for which a license is required. For purposes of this section, to aid or abet includes, but is not limited to, the falsification of documents or facilitation of the acquisition of locksmith tools. Any licensee or person found in violation of this section shall be subject to Section 6980.14. A person shall not be subject to this section if he or she reasonably relied on a copy of a license, registration, pocket registration, or pocket identification card.
SEC. 93.
Section 6980.68 of the Business and Professions Code is amended to read:6980.68.
NoSEC. 94.
Section 6980.69 of the Business and Professions Code is amended to read:6980.69.
NoSEC. 95.
Section 6980.71 of the Business and Professions Code is repealed.(a)The director may deny a license or registration regulated by this chapter on the grounds that the applicant has done any of the following:
(1)Knowingly made a false statement of fact required to be revealed in the application for a license.
(2)Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the bureau is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code.
(3)Committed any act involving dishonesty, fraud, or deceit, with the intent to substantially benefit himself, herself, or another, or to substantially injure another.
(4)Committed any act which, if done by a licensee, would be grounds for suspension or revocation of a license.
(5)Been refused a license under this chapter or had a license revoked.
(6)Been an officer, partner, or manager of any person who has been refused a license under this chapter or whose license has been suspended or revoked.
(b)The bureau may deny a license or registration pursuant to this section only if the crime or act is substantially related to the qualifications, functions, or duties of the license or registration for which application has been made.
(c)The denial of a license or registration shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if he or she desires a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the review shall be requested within 30 days of the issuance of the denial.
(d)Notwithstanding any other provision of this chapter, no person shall be denied a license or registration solely on the basis that he or she has been convicted of a felony, if he or she has obtained a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or solely on the basis that he or she has been convicted of a misdemeanor, if he or she has met all applicable requirements of the criteria of rehabilitation as provided in Section 6980.72.
SEC. 96.
Section 6980.72 of the Business and Professions Code is repealed.(a)When considering the denial, suspension, or revocation of a license or registration for which application has been made under this chapter, the chief, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license or registration, shall consider all the following criteria:
(1)The nature and severity of the act or crime under consideration as grounds for denial.
(2)The applicant’s total criminal record.
(3)Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, suspension, or revocation which also could be considered as grounds for denial under Section 6980.71.
(4)The time that has elapsed since commission of the act or crime referred to in paragraph (1) or (2).
(5)The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(6)Evidence, if any, of rehabilitation submitted by the applicant.
(b)When considering a petition for reinstatement of a license or registration, the chief shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subdivision (a).
SEC. 97.
Section 6980.73 of the Business and Professions Code is repealed.(a)The license or registration of a locksmith shall be automatically suspended if the locksmith is convicted of any crime which is substantially related to the functions, duties, and responsibilities of a locksmith. The automatic suspension shall be effectuated by the mailing of a notice of conviction and suspension of license to be sent by the bureau to the licensee at his or her address of record.
(b)The notice shall contain a statement of preliminary determination by the director or his or her designee that the crime stated is reasonably related to the functions, duties, and responsibilities of a locksmith.
(c)In enacting this section, the Legislature finds and declares that locksmiths convicted of crimes reasonably related to the functions, duties, and responsibilities of a locksmith shall be subject to automatic suspension of their license and that summary suspension is justified by compelling state interests of public safety and security within the meaning of the California Supreme Court’s decision in Eye Dog Foundation v. State Board of Guide Dogs for the Blind, 67 Cal. 2d 536.
SEC. 98.
Section 6980.74 of the Business and Professions Code is repealed.(a)The bureau may suspend or revoke a license issued pursuant to this chapter for acts including, but not limited to, any of the following acts which shall also be unlawful:
(1)Misrepresentation or concealment of a material fact in a license application.
(2)Interference with authorized personnel engaged in the enforcement or administration of this chapter.
(3)Knowingly using or permitting the use of any of his or her skills, tools, or facilities for the commission of any crime.
(4)Conviction of a crime substantially related to the qualifications, functions, or duties of a locksmith.
(5)A violation of this chapter or the rules and regulations adopted under the authority of this chapter.
(b)The bureau may suspend or revoke a license issued to a corporation or to a partnership for the commission of any act listed in subdivision (a) by an officer of the corporation or by a partner in the partnership.
SEC. 99.
Section 6980.76 of the Business and Professions Code is repealed.The proceedings of the bureau to deny a license application, or to revoke or suspend a license, shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of the Government Code.
SEC. 100.
Section 6980.79 of the Business and Professions Code is repealed.The fees prescribed by this chapter are those fixed in the following schedule:
(a)A locksmith license application fee may not exceed thirty dollars ($30).
(b)An original license and renewal fee for a locksmith license may not exceed forty-five dollars ($45).
(c)A branch office registration fee and branch office renewal fee may not exceed thirty-five dollars ($35).
(d)Notwithstanding Section 163.5, the reinstatement fee as required by Section 6980.28 is the amount equal to the renewal fee plus a penalty of 50 percent thereof.
(e)An initial registration fee for an employee may not exceed twenty dollars ($20).
(f)A registration renewal fee for an employee performing the services of a locksmith may not exceed twenty dollars ($20).
(g)The fingerprint processing fee is that amount charged the bureau by the Department of Justice.
(h)All applicants seeking a license pursuant to this chapter shall also remit to the bureau the fingerprint fee that is charged to the bureau by the Department of Justice.
(i)The fee for a “Certificate of Licensure” may not exceed twenty dollars ($20).
(j)A delinquency fee is the amount equal to the renewal fee plus a penalty of 50 percent thereof.
SEC. 101.
Section 6980.80 of the Business and Professions Code is repealed.The initial application fee is considered an earned fee at the time an application for a license is received by the bureau. No refund shall be made to the applicant in the event that the applicant is found to lack the required qualifications, or is otherwise denied a license pursuant to this chapter.
SEC. 102.
Section 6980.82 of the Business and Professions Code is amended to read:6980.82.
The director shall furnish one copy ofSEC. 103.
Section 6980.83 of the Business and Professions Code is repealed.Application or licensee fees shall not be refunded except in accordance with Section 158.
SEC. 104.
Section 6980.84 of the Business and Professions Code is repealed.(a)There shall be a separate budget and expenditure statement, and a separate revenue statement, outlining all moneys derived from, and expended for, the licensing and regulation of locksmiths and registrants in accordance with the provisions of this chapter.
(b)If, at the end of any fiscal year, the moneys derived from the licensing of locksmiths and registrants is in surplus in an amount equal or greater than the moneys necessary for the regulation of locksmiths and registrants for the next two fiscal years, license or other fees shall be reduced during the following fiscal year by an amount that will reduce any surplus moneys derived from the licensing of locksmiths and registrants to an amount less than the moneys expended for the regulation of locksmiths and registrants for the next two fiscal years.
SEC. 5.SEC. 105.
Section 7048.5 is added to the Business and Professions Code, to read:7048.5.
This chapter does not apply to any work or operation by a C-27 landscaping contractor or D-49 tree service contractor on one undertaking or project by one or more contracts, the aggregate contract price which for labor, materials, and all other items is less thanSEC. 6.SEC. 106.
Section 7316 of the Business and Professions Code is amended to read:7316.
(a) The practice of barbering is all or any combination of the following practices:SEC. 7.SEC. 107.
Section 7317 of the Business and Professions Code is amended to read:7317.
Except as provided in this article, it is unlawful for any person, firm, or corporation to engage in cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in whichSEC. 108.
Section 7321 of the Business and Professions Code is amended to read:7321.
The board shall admit to examination for a license as a cosmetologist to practice cosmetology any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows:SEC. 109.
Section 7321.5 of the Business and Professions Code is repealed.The board shall admit to examination for a license as a barber to practice barbering, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows:
(a)Is not less than 17 years of age.
(b)Has completed the 10th grade in the public schools of this state or its equivalent.
(c)Is not subject to denial pursuant to Section 480.
(d)Has done any of the following:
(1)Completed a course in barbering from a school approved by the board.
(2)Completed an apprenticeship program in barbering approved by the board as conducted under the provisions of the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code.
(3)Practiced barbering as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in barbering from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1).
(4)Holds a license as a cosmetologist in this state and has completed a barber crossover course in a school approved by the board.
(5)Completed a cosmetology course in a school approved by the board and has completed a barber crossover course in a school approved by the board.
(6)Completed comparable military training as documented by submission of Verification of Military Experience and Training (V-MET) records.
SEC. 110.
Section 7334 of the Business and Professions Code is amended to read:7334.
(a) The board may license as an apprentice inSEC. 111.
Section 7396 of the Business and Professions Code is amended to read:7396.
The form and content of a license issued by the board shall be determined in accordance with Section 164.SEC. 112.
Section 7403 of the Business and Professions Code is amended to read:7403.
(a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny at any time any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.SEC. 113.
Section 7423 of the Business and Professions Code is amended to read:7423.
The amounts of the fees required by this chapter relating to licenses for individual practitioners are as follows:(d)(1)A barber application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2)A barber initial license fee shall be not more than fifty dollars ($50).
(e)
(f)
(g)
(h)
(i)
SEC. 8.SEC. 114.
Section 7533 of the Business and Professions Code is amended to read:7533.
Each licensee shall file with the bureau the complete address of his or her principal place of business including the name and number of the street, or, if the street where the business is located is not numbered, the number of the post office box. The director may require the filing of other information for the purpose of identifying the principal place of business. A California office is not required to comply with this section.SEC. 9.SEC. 115.
Section 7672 of the Business and Professions Code is repealed.SEC. 116.
Section 7672.1 of the Business and Professions Code is repealed.(a)Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and residence addresses, description and identification of aircraft or boats which may be used in dispensing cremated human remains, and the area to be served. Each registration application shall be accompanied by the cremated remains disposer fee.
(b)Every registered cremated remains disposer who dispenses human remains by air shall post a copy of his or her current pilot’s license, and the address of the cremated remains storage area at his or her place
of business. Every registered cremated remains disposer who dispenses human remains by boat shall post a copy of his or her current boating license and the address of the cremated remains storage area at his or her place of business.
SEC. 117.
Section 7672.2 of the Business and Professions Code is amended to read:7672.2.
The bureau shall prepare and deliver to eachSEC. 118.
Section 7672.6 of the Business and Professions Code is amended to read:7672.6.
(a) Every cremated remains disposer shall do both of the following:SEC. 119.
Section 7672.8 of the Business and Professions Code is repealed.All cremated remains disposer registrations shall expire at midnight on September 30 of each year. A person desiring to renew his or her registration shall file an application for renewal on a form prescribed by the bureau accompanied by the required fee. A registration that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal fees. The bureau shall not renew the registration of any person who has not filed the required annual report until he or she has filed a complete annual report with the department.
SEC. 120.
Section 7672.9 of the Business and Professions Code is repealed.If a person fails to apply for renewal of his or her cremated remains disposer registration prior to midnight of September 30 of the year for which the registration was issued, no renewal shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.
SEC. 121.
Section 7672.10 of the Business and Professions Code is repealed.Any person who scatters cremated human remains without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person scattered shall constitute a separate violation.
SEC. 122.
Section 7730.1 of the Business and Professions Code is repealed.The cremated remains disposer registration fee shall be one hundred dollars ($100).
SEC. 123.
Section 7730.2 of the Business and Professions Code is repealed.The renewal fee for a cremated remains disposer registration shall be fifty dollars ($50).
SEC. 124.
Section 19051 of the Business and Professions Code is amended to read:19051.
Every upholstered-furniture retailer, unless he or she holds an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding dealer’s license,SEC. 125.
Section 19059.5 of the Business and Professions Code is amended to read:19059.5.
Every sanitizer shall hold a sanitizer’s license unless he or she is licensed as a home medical device retail facility by the State Department of Health Services or as an upholstered furniture and bedding manufacturer, retail furniture and bedding dealer, or retail beddingSEC. 126.
Section 19060.6 of the Business and Professions Code is amended to read:19060.6.
(a) Except as provided in subdivision (b), every person who, on his or her own account, advertises, solicits or contracts to manufacture, repair or renovate upholstered furniture or bedding, and who either does the work himself or herself or has others do it for him or her, shall obtain the particular license required by this chapter for the particular type of work that he or she solicits or advertises that he or she will do, regardless of whether he or she has a shop or factory.SEC. 10.SEC. 127.
Section 19052 of the Business and Professions Code is repealed.SEC. 128.
Section 19170 of the Business and Professions Code is amended to read:19170.
(a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table:Maximum fee | Minimum fee | |
Importer’s license
........................
| $940 | $120 |
Furniture and bedding manufacturer’s license
........................
| 940 | 120 |
Wholesale furniture and bedding dealer’s license
........................
| 675 | 120 |
Supply dealer’s license
........................
| 675 | 120 |
Custom upholsterer’s license | 450 | 80 |
Sanitizer’s license
........................
| 450 | 80 |
Retail furniture and bedding dealer’s license
........................
| 300 | 40 |
Retail furniture dealer’s license
........................
| 150 | 20 |
Retail bedding dealer’s
license
........................
| 150 | 20 |
SEC. 11.SEC. 129.
Section 1812.600 of the Civil Code is repealed.SEC. 130.
Section 1812.607 of the Civil Code is amended to read:1812.607.
Every auction company and auctioneer shall do all of the following:SEC. 131.
Section 1812.608 of the Civil Code is amended to read:1812.608.
In addition to other requirements and prohibitions of this title, it is a violation of this title for any person to do any of the following:(6)A disclosure that the auctioneer or auction company has a bond on file with the Secretary of State. A first violation of this subdivision is an infraction subject to a fine of two hundred fifty dollars ($250); a second violation is subject to a fine of five hundred dollars ($500); and a third or subsequent violation is subject to a fine of one thousand dollars ($1,000).
