BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 467|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 467
          Author:   Hill (D)
          Amended:  9/3/15  
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 4/27/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  40-0, 6/1/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,  
            Stone, Vidak, Wieckowski, Wolk

           ASSEMBLY FLOOR:  76-0, 9/8/15 - See last page for vote

           SUBJECT:   Professions and vocations


          SOURCE:    Author

          DIGEST:   This bill requires the Attorney Generals (AG) Office  
          to submit specified reports and information to the Legislature  
          annually; requires the Department of Consumer Affairs (DCA)  
          Director, through the Division of Investigation (DOI), to  
          implement "Complaint Prioritization Guidelines" for  health care  
          boards; extends until January 1, 2020, the provisions  
          establishing the California Board of Accountancy (CBA) and the  
          term of the executive officer;  authorizes CBA to provide for  








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          certain practice restrictions on an accountant license for  
          disciplinary reasons; extends until January 1, 2020, the  
          provisions establishing the Contractors State License Board  
          (CSLB) and the term of the Registrar; and repeals the financial  
          solvency requirement for contractors and instead increases the  
          surety bond requirement.

          Assembly Amendments:

           1) Remove the requirement that the DCA receive approval of the  
             Legislature to levy in advance a charge for the estimated  
             administrative expenses of the DCA on a pro rata share basis  
             against any of the boards, bureaus, commissions, divisions,  
             and agencies for the estimated administrative expenses of the  
             DCA.

           2) Extend the sunset date for the CSLB and its Registrar until  
             January 1, 2020, and revise financial and surety bond  
             requirements placed on contractors.

           3) Clarify the reporting requirements for the AG regarding  
             information provided to DCA, the Governor and the Legislature  
             regarding disciplinary cases handled by their office.

           4) Clarify the implementation requirements for prioritizing  
             complaints of health care boards.

           5) Exempt the Medical Board of California (MBC) from the  
             requirements of complaint prioritization established by the  
             DCA.
          
          ANALYSIS: 

          Existing law:

           1) Requires the Director of the DCA to submit to the Governor  
             and the Legislature on or before January 1, 2003, and  
             annually thereafter, a report of programmatic and statistical  
             information, as specified, regarding the activities of the  
             DCA and its constituent entities for the previous fiscal  
             year.  









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           (BPC § 312)
           2) Requires the Office of Administrative Hearings (OAH) to  
             submit a report to the DCA, the Governor, and the Legislature  
             on or before January 1, 2016, and on or before January 1 of  
             each subsequent year that includes specified statistical  
             information regarding cases referred to each office of OAH.  

           (BPC § 312.1)
           3) Specifies that it shall be the duty of the Director to  
             receive complaints from consumers concerning various  
             violations of the Business and Professions Code relating to  
             businesses and licensed professions, unfair or deceptive acts  
             or practices by any person in the conduct of any trade or  
             commerce, and the production, distribution, sale and lease of  
             any goods or services undertaken by any person which may  
             endanger the public health, safety or welfare.  

           (BPC § 325)
           4) Requires the Director of DCA to transmit any valid complaint  
             to the appropriate local, state or federal agency whose  
             authority provides the most effective means to secure the  
             relief and it shall be the continuing duty to the Director to  
             discern patterns of complaints and to ascertain the nature  
             and extent of action taken with respect to the probable  
             violations or pattern of complaints.  (BPC § 326)

           5) Provides that in order to ensure that its resources are  
             maximized for the protection of the public, the MBC shall  
             prioritize its investigative and prosecutorial resources to  
             ensure that physicians and surgeons representing the greatest  
             threat of harm are identified and disciplined expeditiously  
             and that cases be given the highest priority, as specified.  

           (BPC § 2220.05 (a))
           6) Provides that the CBA within the DCA is responsible for the  
             licensure and regulation of accountants and is required to  
             designate an executive officer and repeals these provisions  
             on January 1, 2016.

           (BPC § 5000 and § 5015.6)
           7) Provides that the CBA, after notice and hearing, may revoke,  
             suspend, or refuse to renew any permit or certificate granted  








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             by the CBA, or may censure the holder of that permit or  
             certificate for unprofessional conduct that includes, but is  
             not limited to, one or any combination of criminal acts,  
             specified false statements or omissions, dishonesty, fraud,  
             gross negligence or repeated negligent acts in performance of  
             professional standards, and other acts or violations, as  
             specified.  (BPC § 5100)     

           8) Provides for the licensure and regulation of more than  
             300,000 contractors under the Contractors State License Law  
             (Contractors Law) by the CSLB within the DCA.  The CSLB is  
             under the direction of the Registrar of contractors and  
             repeals these provisions on January 1, 2016.  (BPC § 7000.5  
             and § 7011)

           9) Requires that all applicants, and all licensees at renewal,  
             demonstrate, as evidence of financial solvency, that his or  
             her operating capital exceeds $2,500.  

           (BPC § 7067.5)
           10)Requires a licensed contractor to file or have on file a  
             contractor's bond in the sum of $12,500.  (BPC § 7071.6(a))

          This bill:

           1) Requires the AG to submit a report to the DCA, the Governor,  
             and the appropriate policy committees of the Legislature on  
             or before January 1, 2017, and on or before January 1 of each  
             subsequent year that includes specific statistical  
             information regarding cases referred to the AG by each  
             constituent entity comprising the DCA and the DOI of the DCA.

           2) Provides that in order to implement the Consumer Protection  
             Enforcement Initiative of 2010, the Director, through the  
             DOI, shall implement "Complaint Prioritization Guidelines"  
             for health care boards to utilize in prioritizing their  
             respective complaint and investigation workloads and that the  
             guidelines shall be used to determine the referral of  
             complaints to DOI and those that are to be retained by the  
             boards for investigation.

           3) Provides that the MBC shall not be required to utilize the  








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             guidelines pursuant to Item # 2, above, since they already  
             have specific requirements for prioritizing complaints.  

           4) Extends until January 1, 2020, the provisions establishing  
             the CBA and the term of the executive officer.

           5) Authorizes the CBA, after notice and hearing, to 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 of accountancy due to unprofessional conduct, as  
             specified. Provides that a practice restriction may include,  
             but not be limited to, the prohibition on engaging in or  
             performing any attestation engagement, audits or  
             compilations.

           6) Allows a licensee to petition the CBA for a penalty  
             reduction or reinstatement of the privilege to engage in the  
             service or act restricted or limited, as specified.

           7) Provides that the authority of sanctions provided are in  
             addition to any other civil, criminal, and administrative  
             penalties or sanctions provided by law, and do not supplant,  
             but are cumulative to, other disciplinary authority,  
             penalties or sanctions.

           8) Specifies that failure to comply with any restrictions or  
             limitation imposed by the CBA is grounds for revocation of  
             the license.

           9) Extends until January 1, 2020, the provisions establishing  
             the CSLB and the term of the Registrar.

           10)Deletes the exiting requirement that contractors maintain  
             $2,500 in capital, and increases the existing surety bond  
             requirement from $12,500 to $15,000.

          Background

          Oversight Hearings and Sunset Review of DCA and Licensing Boards  
          and Programs.  The mission of DCA is to "protect and serve the  
          interests of California consumers."  By statute, consumer  








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          protection is the primary purpose for all of the regulatory  
          programs located within DCA, which includes 26 boards, nine  
          bureaus, two committees, one program, and one commission.   
          Collectively, these entities regulate more than 100 types of  
          businesses and 200 different industries and professions.  In  
          2015, the Senate Business, Professions and Economic Development  
          Committee and the Assembly Business and Professions Committee  
          (Committees) conducted joint oversight hearings to review 12  
          regulatory entities including the DCA, CBA and CSLB.  This bill  
          is intended to implement legislative changes as recommended by  
          staff of the Committees reflected in a Background Paper on each,  
          as well as the discussion stemming from an oversight hearing on  
          the each. 

          This bill addresses two of the issues raised during the Sunset  
          Review process regarding the DCA, including prioritization of  
          disciplinary cases and specific enforcement reporting  
          requirements for the AG's Office.  It also addresses issues  
          raised and improvements recommended for the CBA and the CSLB.   

          DCA Consumer Protection Enforcement Initiative (CPEI) and AG  
          Reporting and Complaint Prioritization.  In response to pressure  
          from the media and the Legislature, the DCA created CPEI in  
          2010, which was designed to reduce the average length of time it  
          takes health care boards to take formal disciplinary action from  
          three years to 12 to 18 months.  While significant steps have  
          been taken, most boards have failed to meet their performance  
          targets. 

          Boards are not entirely in control of their disciplinary process  
          timelines, though; boards rely on the AG and the OAH to perform  
          critical functions within the enforcement process.  While OAH is  
          subject to performance measures starting January 1, 2016, the  
          AG's office is not. 

          This bill requires the AG's office to provide performance  
          metrics annually to the DCA, the Governor, and the appropriate  
          policy committees of the Legislature beginning in 2017.

          Another essential component of CPEI was enhancing the use of  
          non-sworn investigative staff to conduct less complex  
          investigations for the health care boards.  To assist complaint  








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          prioritization, DCA issued "Complaint Prioritization Guidelines"  
          in 2009.  These guidelines, coupled with staff training, were  
          designed to free up sworn staff so that they could work on  
          complex investigations.  However, not all boards are complying  
          with these parameters.   

          This bill requires the Director, through the DOI, to implement  
          "Complaint Prioritization Guidelines" for health care boards to  
          utilize in prioritizing their respective complaint and  
          investigation workloads and that the guidelines shall be used to  
          determine the referral of complaints to DOI and those that are  
          to be retained by the boards for investigation.  The MBC would  
          be exempt from these guidelines since they already have very  
          specific complaint requirements regarding complaint  
          prioritization.

          Review of the CBA.  CBA is a public majority board and is  
          composed of 15 members: seven certified public accountants  
          (CPAs) and eight public members.  The CBA enforces the  
          Accountancy Act which defines the practice of public accountancy  
          as the process of recording classifying, reporting and  
          interpreting the financial data of an individual or an  
          organization.  CBA's regulatory authority over CPAs, public  
          accountants, and accounting firms is guided by CBA's statutory  
          mandate to protect the public.  

          This bill extends the CBA's sunset date and that of its  
          executive officer until 2020.  

          CBA Permanent Practice Restrictions.  The CBA has the authority  
          to revoke, suspend, or refuse to renew any permit or  
          certificate, or censure the holder of that permit or certificate  
          due to unprofessional conduct.  

          Currently, practice restrictions may only be imposed beyond the  
          probationary term when specifically agreed to by the licensee  
          via a stipulated settlement.  Some circumstances may warrant  
          permanent practice restrictions in order to protect the public,  
          however, if the licensee is unwilling to agree to such terms via  
          a stipulated settlement, the only recourse for the CBA is to  
          seek revocation of the license.  









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          This bill authorizes the CBA to permanently restrict or limit  
          the practice of a licensee or impose a probationary term or  
          condition on a license, after notice and hearing, which  
          prohibits the licensee from engaging in any acts of accountancy  
          due to unprofessional conduct, as specified.  This change would  
          allow the CBA and administrative law judges to include permanent  
          practice restrictions as part of a disciplinary order, which  
          permits the licensee to retain a license and be able to practice  
          and earn income in such areas where competency is not  
          compromised.   

          Review of CSLB.  The CSLB, within DCA, is responsible for the  
          implementation and enforcement of the Contractors Law, including  
          the laws and regulations related to the licensure, practice, and  
          discipline of the construction industry in California.  All  
          businesses and individuals who construct or alter, or offer to  
          construct or alter, any building, highway, road, parking  
          facility, railroad, excavation, or other structure in California  
          must be licensed by the CSLB if the total cost (labor and  
          materials) of one or more contracts on the project is $500 or  
          more.  The CSLB licenses approximately 290,000 contractors in 44  
          license classifications and two certifications, and also  
          registers an additional 9,600 home improvement salespersons who  
          are engaged in the sale of home improvement goods and services.   
          The CSLB issues approximately 15,000 new licenses each year, and  
          renews more than 121,000 existing licenses.  Existing law  
          provides for a sunset of the CSLB and the Registrar on January  
          1, 2016, which provides for continued legislative oversight, of  
          the board's regulatory activities.

          This bill extends the CSLB sunset date and that of its Registrar  
          until 2020.  

          Financial and Surety Bond Requirements of Contractors.  Current  
          law requires that all CSLB applicants and all licensees at the  
          time of renewal demonstrate, as evidence of financial solvency,  
          that his or her operating capital exceeds $2,500.  The CSLB has  
          indicated that this requirement is outdated and the information  
          is basically unverifiable and recommended that it be eliminated.  
           The CSLB recommended instead that the surety bond requirement  
          be increased from the current $12,500 to $15,000, which this  
          bill does.








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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Assembly Appropriations Committee:

          1)CBA:  Projected expenditures of approximately $14.1 million  
            annually (Accountancy Fund), supporting 98.8 PY, to extend the  
            sunset date until January 1, 2020, partially offset by annual  
            fee revenues of approximately $5.4 million in 2015-16, based  
            on the proposed 2015-16 Budget.  Annual fee revenues will  
            increase to approximately $11 million annually beginning July  
            1, 2016. Minor and absorbable costs to DCA to extend the  
            sunset and provide authority for the CBA to place practice  
            restrictions on licensees for disciplinary reasons.  

          2)The California Department of Justice reports that it would  
            incur significant workload impacts and increased costs of  
            approximately $1.45 million in 2015-16 ($537,000 GF and  
            $911,000 Legal Services Revolving Fund - LSRF), and ongoing  
            costs of $1.8 million ($268,000 GF and $1.534 million LSRF)  
            for the AG to compile data and develop, design, and prepare  
            the required report. AG costs from the LSRF would be  
            reimbursed from the funds of the boards and bureaus that refer  
            cases to the AG.

          3)CSLB:  Projected expenditures of approximately $63 million  
            annually (primarily Contractors License Fund), supporting  
            405.6 PY, to extend the sunset date until January 1, 2020,  
            partially offset by annual fee revenues of approximately  
            $55-56 million, based on the proposed 2015-16 Budget. Minor  
            and absorbable costs to DCA to extend the sunset on the CSLB,  
            and revise the financial security requirements for  
            contractors.


          SUPPORT:   (Verified  9/8/15)


          California Board of Accountancy
          California Landscape Contractors Association
          California Society of CPAs








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          HCC Surety Group 


          OPPOSITION:   (Verified  9/8/15)


          None received


          ARGUMENTS IN SUPPORT:     Supporters indicate that CBA plays an  
          important role in protecting consumers by ensuring only  
          qualified licensees practice public accountancy in accordance  
          with established professional standards and that it is vital for  
          the CBA to continue regulating the practice of public  
          accountancy, which includes both licensing and enforcement  
          functions of more than 97,000 licensees.

           ASSEMBLY FLOOR:  76-0, 9/8/15
           AYES:  Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta,  
            Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu,  
            Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman,  
            Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley,  
            Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED:  Travis Allen, Chávez, Grove, Ridley-Thomas




          Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
          9/8/15 22:02:45


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