Bill Text: CA SB467 | 2015-2016 | Regular Session | Chaptered
Bill Title: Professions and vocations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 656, Statutes of 2015. [SB467 Detail]
Download: California-2015-SB467-Chaptered.html
BILL NUMBER: SB 467 CHAPTERED
BILL TEXT
CHAPTER 656
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY JULY 1, 2015
AMENDED IN ASSEMBLY JUNE 29, 2015
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Hill
FEBRUARY 25, 2015
An act to amend Sections 5000, 5015.6, 7000.5, 7011, and 7071.6
of, to add Sections 312.2, 328, and 5100.5 to, and to repeal Section
7067.5 of, the Business and Professions Code, relating to professions
and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 467, Hill. Professions and vocations.
Existing law provides for the licensure and regulation of various
professions and vocations by boards, bureaus, commissions, divisions,
and other agencies within the Department of Consumer Affairs.
Existing law requires an agency within the department to investigate
a consumer accusation or complaint against a licensee and, where
appropriate, the agency is authorized to impose disciplinary action
against a licensee. Under existing law, an agency within the
department may refer a complaint to the Attorney General or Office of
Administrative Hearings for further action.
This bill would require the Attorney General to submit a report to
the department, the Governor, and the appropriate policy committees
of the Legislature, on or before January 1, 2018, and on or before
January 1 of each subsequent year, that includes specified
information regarding the actions taken by the Attorney General
pertaining to accusation matters relating to consumer complaints
against a person whose profession or vocation is licensed by an
agency within the department.
Existing law creates the Division of Investigation within the
department and requires investigators who have the authority of peace
officers to be in the division to investigate the laws administered
by the various boards comprising the department or commence directly
or indirectly any criminal prosecution arising from any investigation
conducted under these laws.
This bill would, in order to implement the Consumer Protection
Enforcement Initiative of 2010, require the Director of Consumer
Affairs, through the Division of Investigation, to implement
"Complaint Prioritization Guidelines" for boards to utilize in
prioritizing their complaint and investigative workloads and to
determine the referral of complaints to the division and those that
are retained by the health care boards for investigation. The bill
would exempt the Medical Board of California from required
utilization of these guidelines.
Under existing law, the California Board of Accountancy within the
department is responsible for the licensure and regulation of
accountants and is required to designate an executive officer.
Existing law repeals these provisions on January 1, 2016.
This bill would extend the repeal date to January 1, 2020.
Existing law authorizes the California Board of Accountancy, after
notice and hearing, to revoke, suspend, or refuse to renew any
permit or certificate, as specified, or to censure the holder of that
permit or certificate for unprofessional conduct.
This bill would additionally authorize the board, after notice and
hearing, to permanently restrict or limit the practice of a licensee
or impose a probationary term or condition on a license for
unprofessional conduct. This bill would authorize a licensee to
petition the board for reduction of a penalty or reinstatement of the
privilege, as specified, and would provide that failure to comply
with any restriction or limitation imposed by the board is grounds
for revocation of the license.
Under existing law, the Contractors' State License Law, the
Contractors' State License Board is responsible for the licensure and
regulation of contractors and is required to appoint a registrar of
contractors. Existing law repeals these provisions establishing the
board and requiring it to appoint a registrar on January 1, 2016.
This bill would extend these repeal dates to January 1, 2020.
Existing law requires every applicant for an original contractor's
license, the reactivation of an inactive license, or the reissuance
or reinstatement of a revoked license to evidence financial solvency,
as specified, and requires the registrar to deny the application of
any applicant who fails to comply with that requirement. Existing
law, as a condition precedent to the issuance, reinstatement,
reactivation, renewal, or continued maintenance of a license,
requires the applicant or licensee to file or have on file a
contractor's bond in the sum of $12,500.
This bill would repeal that evidence of financial solvency
requirement and would instead require that bond to be in the sum of
$15,000.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 312.2 is added to the Business and Professions
Code, to read:
312.2. (a) The Attorney General shall submit a report to the
department, the Governor, and the appropriate policy committees of
the Legislature on or before January 1, 2018, and on or before
January 1 of each subsequent year that includes, at a minimum, all of
the following for the previous fiscal year for each constituent
entity within the department represented by the Licensing Section and
Health Quality Enforcement Section of the Office of the Attorney
General:
(1) The number of accusation matters referred to the Attorney
General.
(2) The number of accusation matters rejected for filing by the
Attorney General.
(3) The number of accusation matters for which further
investigation was requested by the Attorney General.
(4) The number of accusation matters for which further
investigation was received by the Attorney General.
(5) The number of accusations filed by each constituent entity.
(6) The number of accusations a constituent entity withdraws.
(7) The number of accusation matters adjudicated by the Attorney
General.
(b) The Attorney General shall also report all of the following
for accusation matters adjudicated within the previous fiscal year
for each constituent entity of the department represented by the
Licensing Section and Health Quality Enforcement Section:
(1) The average number of days from the Attorney General receiving
an accusation referral to when an accusation is filed by the
constituent entity.
(2) The average number of days to prepare an accusation for a case
that is rereferred to the Attorney General after further
investigation is received by the Attorney General from a constituent
entity or the Division of Investigation.
(3) The average number of days from an agency filing an accusation
to the Attorney General transmitting a stipulated settlement to the
constituent entity.
(4) The average number of days from an agency filing an accusation
to the Attorney General transmitting a default decision to the
constituent entity.
(5) The average number of days from an agency filing an accusation
to the Attorney General requesting a hearing date from the Office of
Administrative Hearings.
(6) The average number of days from the Attorney General's receipt
of a hearing date from the Office of Administrative Hearings to the
commencement of a hearing.
(c) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 2. Section 328 is added to the Business and Professions Code,
to read:
328. (a) In order to implement the Consumer Protection
Enforcement Initiative of 2010, the director, through the Division of
Investigation, shall implement "Complaint Prioritization Guidelines"
for boards to utilize in prioritizing their respective complaint and
investigative workloads. The guidelines shall be used to determine
the referral of complaints to the division and those that are
retained by the health care boards for investigation.
(b) The Medical Board of California shall not be required to
utilize the guidelines implemented pursuant to subdivision (a).
SEC. 3. Section 5000 of the Business and Professions Code is
amended to read:
5000. (a) There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, 7 of
whom shall be licensees, and 8 of whom shall be public members who
shall not be licentiates of the board or registered by the board. The
board has the powers and duties conferred by this chapter.
(b) The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
two public members. In appointing the seven licensee members, the
Governor shall appoint individuals representing a cross section of
the accounting profession.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
(d) Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature. However, the review of the
board shall be limited to reports or studies specified in this
chapter and those issues identified by the appropriate policy
committees of the Legislature and the board regarding the
implementation of new licensing requirements.
SEC. 4. Section 5015.6 of the Business and Professions Code is
amended to read:
5015.6. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.
SEC. 5. Section 5100.5 is added to the Business and Professions
Code, to read:
5100.5. (a) After notice and hearing the board may, for
unprofessional conduct, permanently restrict or limit the practice of
a licensee or impose a probationary term or condition on a license,
which prohibits the licensee from performing or engaging in any of
the acts or services described in Section 5051.
(b) A licensee may petition the board pursuant to Section 5115 for
reduction of penalty or reinstatement of the privilege to engage in
the service or act restricted or limited by the board.
(c) The authority or sanctions provided by this section are in
addition to any other civil, criminal, or administrative penalties or
sanctions provided by law, and do not supplant, but are cumulative
to, other disciplinary authority, penalties, or sanctions.
(d) Failure to comply with any restriction or limitation imposed
by the board pursuant to this section is grounds for revocation of
the license.
(e) For purposes of this section, both of the following shall
apply:
(1) "Unprofessional conduct" includes, but is not limited to,
those grounds for discipline or denial listed in Section 5100.
(2) "Permanently restrict or limit the practice of" includes, but
is not limited to, the prohibition on engaging in or performing any
attestation engagement, audits, or compilations.
SEC. 6. Section 7000.5 of the Business and Professions Code is
amended to read:
7000.5. (a) There is in the Department of Consumer Affairs a
Contractors' State License Board, which consists of 15 members.
(b) Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 7. Section 7011 of the Business and Professions Code is
amended to read:
7011. (a) The board, by and with the approval of the director,
shall appoint a registrar of contractors and fix his or her
compensation.
(b) The registrar shall be the executive officer and secretary of
the board and shall carry out all of the administrative duties as
provided in this chapter and as delegated to him or her by the board.
(c) For the purpose of administration of this chapter, there may
be appointed a deputy registrar, a chief reviewing and hearing
officer, and, subject to Section 159.5, other assistants and
subordinates as may be necessary.
(d) Appointments shall be made in accordance with the provisions
of civil service laws.
(e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 8. Section 7067.5 of the Business and Professions Code is
repealed.
SEC. 9. Section 7071.6 of the Business and Professions Code is
amended to read:
7071.6. (a) The board shall require as a condition precedent to
the issuance, reinstatement, reactivation, renewal, or continued
maintenance of a license, that the applicant or licensee file or have
on file a contractor's bond in the sum of fifteen thousand dollars
($15,000).
(b) Excluding the claims brought by the beneficiaries specified in
subdivision (a) of Section 7071.5, the aggregate liability of a
surety on claims brought against a bond required by this section
shall not exceed the sum of seven thousand five hundred dollars
($7,500). The bond proceeds in excess of seven thousand five hundred
dollars ($7,500) shall be reserved exclusively for the claims of the
beneficiaries specified in subdivision (a) of Section 7071.5.
However, nothing in this section shall be construed so as to prevent
any beneficiary specified in subdivision (a) of Section 7071.5 from
claiming or recovering the full measure of the bond required by this
section.
(c) No bond shall be required of a holder of a license that has
been inactivated on the official records of the board during the
period the license is inactive.
(d) Notwithstanding any other law, as a condition precedent to
licensure, the board may require an applicant to post a contractor's
bond in twice the amount required pursuant to subdivision (a) until
the time that the license is renewed, under the following conditions:
(1) The applicant has either been convicted of a violation of
Section 7028 or has been cited pursuant to Section 7028.7.
(2) If the applicant has been cited pursuant to Section 7028.7,
the citation has been reduced to a final order of the registrar.
(3) The violation of Section 7028, or the basis for the citation
issued pursuant to Section 7028.7, constituted a substantial injury
to the public.
