BILL NUMBER: SB 799 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2015
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Hill (Chair), Bates, Berryhill, Block,
Galgiani, Hernandez, Jackson, Mendoza, and Wieckowski)
MARCH 18, 2015
An act to amend Sections 5055, 5070.1, 5087, 6735,
7083, 7200, 7200.5, 7200.7, 7201, 7202, 7208, 7209, 7209.5, 7210.5,
7211.1, 7211.2, 7215, 7215.5, 7217, 7685, 7818, 8508,
8513, 8552, 8611, and 17913 of, and to repeal Section 8516.5 of, the
Business and Professions Code, and to amend Section 13995.40 of the
Government Code, relating to business and professions.
LEGISLATIVE COUNSEL'S DIGEST
SB 799, as amended, Committee on Business, Professions and
Economic Development. Business and professions.
(1) Existing law provides for the practice of accountancy by
the California Board of Accountancy. Existing law, until January 1,
2019, authorizes an individual whose principal place of
business is not in this state and who has a valid and current
license, certificate, or permit to practice public accountancy from
another state to engage in the practice of public accountancy in this
state under a practice privilege without obtaining a certificate or
license subject to specified requirements. Existing law
provides that an accountant whose license was canceled by operation
of law, after nonrenewal, as specified, may, upon application to the
board and meeting specified requirements, have his or her license
placed into a retired status.
This bill would authorize an individual practicing public
accountancy in this state under a practice privilege to be styled and
known as a "certified public accountant" and use the abbreviation
"C.P.A." The bill would prohibit the California Board
of Accountancy board from restoring that license
in retired status to active or inactive status and instead would
require the individual to apply for a new license in order to restore
his or her license.
(2) Existing law authorizes
the California Board of Accountancy board
to issue a certified public account
accountant (CPA) license to an applicant who holds a valid and
unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a
current, active, and unrestricted CPA license in order to be issued a
CPA license under this provision.
(3)
(2) The Professional Engineers Act provides for the
regulation and licensure of professional engineers by the Board for
Professional Engineers, Land Surveyors, and Geologists. A violation
of the licensing provisions of the act is a misdemeanor. Existing law
requires all civil engineering plans, calculations, specifications,
and reports to be prepared by, or under the responsible charge of, a
licensed civil engineer, as specified. Existing law requires all
civil engineering plans, calculations, specifications, and reports
for the construction of all public school structures to be prepared
by, or under the responsible charge of, a licensed architect or a
licensed civil engineer who is also licensed as a structural
engineer. Existing law requires all civil engineering plans,
calculations, specifications, and reports for the construction of all
hospitals and other medical facilities having surgery and emergency
treatment areas to be prepared by, or under the responsible charge
of, a licensed civil engineer who is also licensed as a structural
engineer.
This bill would repeal the requirements that all civil engineering
plans and other specified documents for construction of public
school structures be prepared by, or under the responsible charge of,
a licensed architect or a licensed civil engineer who is also
licensed as a structural engineer. The bill would also repeal the
requirements that all civil engineering plans and other specified
documents for construction of specified hospital and medical
facilities be prepared by, or under the responsible charge of, a
licensed civil engineer who is also licensed as a structural
engineer.
(4)
(3) Existing law establishes within the Department of
Consumer Affairs a State Board of Guide Dogs for the Blind, which
consists of 7 members appointed by the Governor. Existing law
authorizes the board to issue licenses for guide dog training and
instructional services. A violation of these licensing provisions is
a misdemeanor.
This bill would also include dogs trained and provided for
visually impaired persons within these licensing requirements. The
bill would change reporting requirements from a calendar year to a
fiscal year period and would make technical changes.
(5)
(4) Under the Funeral Directors and Embalmers Law, the
Cemetery and Funeral Bureau regulates licensed funeral establishments
and requires that they be operated by a licensed funeral director
who is required to provide written information regarding funeral
goods and services and prices to consumers. Existing law requires a
funeral establishment that maintains an Internet Web site to also
post that information on its Internet Web site provided by a link
from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishment's Internet
Web site contain specified key words.
(6) The
(5) Existing law provides for the
licensure and regulation of structural pest control operators and
registered companies by the Structural Pest Control Board. The
California Constitution provides that laborers of every class who
have worked upon or have furnished material for a property have a
lien upon that property for the value of the labor done and material
furnished. The California Constitution requires the Legislature to
provide, by law, for the speedy and efficient enforcement of those
liens. Existing law requires specified structural pest
control operators registered companies to
provide notice regarding possible liens, as specified, to the owner
of property prior to entering into a contract to provide work on that
property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all
structural pest control operators. registered
companies.
(7) Existing
Existing law requires a structural pest control
operator to provide a report detailing the results of an inspection
for wood destroying pests or organisms prior to commencing work on a
contract or expressing an opinion regarding the presence or absence
of wood destroying pests or organisms, to the Structural Pest Control
Board, within the Department of Consumer Affairs, as specified.
Existing law requires that the pest control operator deliver a copy
of the report to the person requesting inspection, or designated
agent, within 10 business days of the inspection. Existing law
requires a pest control operator to deliver a copy of that report to
the owner or the owner's agent within 10 working days of an
inspection.
This bill would remove the requirement that the pest control
operator provide the owner of the property or the owner's agent with
a copy of the report, unless the owner was the person who requested
the inspection.
(8)
(6) Existing law creates the California Travel and
Tourism Commission and provides for the membership and meetings of
the commission.
This bill would specify that all meetings of the commission take
place in California and would authorize commissioners to attend
meetings of the commission by conference telephone or other
technology, as specified. technology.
(7) This bill would make various other nonsubstantive changes.
(9)
(8) Because this bill would expand the definition of a
crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5055 of the Business
and Professions Code is amended to read:
5055. Any person who has received from the board a certificate of
certified public accountant accountant, or
who is authorized to practice public accountancy in this state
pursuant to Article 5.1 (commencing with Section 5096), may,
subject to Section 5051, be styled and known as a "certified public
accountant" and may also use the abbreviation "C.P.A." No other
person, except a firm registered under this chapter, shall assume or
use that title, designation, or abbreviation or any other title,
designation, sign, card, or device tending to indicate that the
person using it is a certified public accountant.
SECTION 1. SEC. 2. Section 5070.1 of
the Business and Professions Code is amended to read:
5070.1. (a) The board may establish, by regulation, a system for
the placement of a license into a retired status, upon application,
for certified public accountants and public accountants who are not
actively engaged in the practice of public accountancy or any
activity that requires them to be licensed by the board.
(b) No licensee with a license in a retired status shall engage in
any activity for which a permit is required.
(c) The board shall deny an applicant's application to place a
license in a retired status if the permit is subject to an
outstanding order of the board, is suspended, revoked, or otherwise
punitively restricted by the board, or is subject to disciplinary
action under this chapter.
(d) (1) The holder of a license that was canceled pursuant to
Section 5070.7 may apply for the placement of that license in a
retired status pursuant to subdivision (a).
(2) Upon approval of an application made pursuant to paragraph
(1), the board shall reissue that license in a retired status.
(3) The holder of a canceled license that was placed in retired
status between January 1, 1994, and January 1, 1999, inclusive, shall
not be required to meet the qualifications established pursuant to
subdivision (e), but shall be subject to all other requirements of
this section.
(e) The board shall establish minimum qualifications to place a
license in retired status.
(f) The board may exempt the holder of a license in a retired
status from the renewal requirements described in Section 5070.5.
(g) The board shall establish minimum qualifications for the
restoration of a license in a retired status to an active status.
These minimum qualifications shall include, but are not limited to,
continuing education and payment of a fee as provided in subdivision
(h) of Section 5134.
(h) The board shall not restore to active or inactive status a
license that was canceled by operation of law, pursuant to
subdivision (a) of Section 5070.7, and then placed into retired
status pursuant to subdivision (d). The individual shall instead
apply for a new license, as described in subdivision (c) of Section
5070.7, in order to restore his or her license.
SEC. 2. SEC. 3. Section 5087 of the
Business and Professions Code is amended to read:
5087. (a) The board may issue a certified public accountant
license to any applicant who is a holder of a current, active, and
unrestricted certified public accountant license issued under the
laws of any state, if the board determines that the standards under
which the applicant received the license are substantially equivalent
to the standards of education, examination, and experience
established under this chapter and the applicant has not committed
acts or crimes constituting grounds for denial under Section 480. To
be authorized to sign reports on attest engagements, the applicant
shall meet the requirements of Section 5095.
(b) The board may in particular cases waive any of the
requirements regarding the circumstances in which the various parts
of the examination were to be passed for an applicant from another
state.
SEC. 3. SEC. 4. Section 6735 of the
Business and Professions Code is amended to read:
6735. (a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as "documents") shall be prepared by, or
under the responsible charge of, a licensed civil engineer and shall
include his or her name and license number. Interim documents shall
include a notation as to the intended purpose of the document, such
as "preliminary," "not for construction," "for plan check only," or
"for review only." All civil engineering plans and specifications
that are permitted or that are to be released for construction shall
bear the signature and seal or stamp of the licensee and the date of
signing and sealing or stamping. All final civil engineering
calculations and reports shall bear the signature and seal or stamp
of the licensee, and the date of signing and sealing or stamping. If
civil engineering plans are required to be signed and sealed or
stamped and have multiple sheets, the signature, seal or stamp, and
date of signing and sealing or stamping shall appear on each sheet of
the plans. If civil engineering specifications, calculations, and
reports are required to be signed and sealed or stamped and have
multiple pages, the signature, seal or stamp, and date of signing and
sealing or stamping shall appear at a minimum on the title sheet,
cover sheet, or signature sheet.
(b) Notwithstanding subdivision (a), a licensed civil engineer who
signs civil engineering documents shall not be responsible for
damage caused by subsequent changes to or uses of those documents, if
the subsequent changes or uses, including changes or uses made by
state or local governmental agencies, are not authorized or approved
by the licensed civil engineer who originally signed the documents,
provided that the engineering service rendered by the civil engineer
who signed the documents was not also a proximate cause of the
damage.
SEC. 4. SEC. 5. Section 7083 of the
Business and Professions Code is amended to read:
7083. (a) Notwithstanding any other law, licensees shall notify
the registrar, on a form prescribed by the registrar, in writing
within 90 days of any change to information recorded under this
chapter. This notification requirement shall include, but not be
limited to, changes in business address, personnel, business name,
qualifying individual bond exemption pursuant to Section 7071.9, or
exemption to qualify multiple licenses pursuant to Section 7068.1.
(b) Failure of the licensee to notify the registrar of any change
to information within 90 days shall cause the change to be effective
the date the written notification is received at the board's
headquarters office.
(c) Failure to notify the registrar of the changes within the 90
days is grounds for disciplinary action.
SEC. 5. SEC. 6. Section 7200 of the
Business and Professions Code is amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by the
Governor. One member shall be the Director of Rehabilitation or his
or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of persons who are blind or visually impaired and at least
two of them shall be persons who are blind or visually impaired who
use guide dogs.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 6. SEC. 7. Section 7200.5 of the
Business and Professions Code is amended to read:
7200.5. The board shall have exclusive authority in this state to
issue licenses for the instruction of persons who are blind or
visually impaired in the use of guide dogs and for the training of
guide dogs for use by persons who are blind or visually impaired. It
shall also have exclusive authority in this state to issue licenses
to operate schools for the training of guide dogs and the instruction
of persons who are blind or visually impaired in the use of guide
dogs.
SEC. 7. SEC. 8. Section 7200.7 of
the Business and Professions Code is amended to read:
7200.7. A fee equal to no more than 0.005 of all school expenses
incurred in the most recently concluded school fiscal year, as
specified in the audit required under Section 7217, shall be paid no
later than April 30 of each year for renewal of a school's license
pursuant to Section 7200.5. The board shall, by regulation, define
the exact amount of the fee. All fees collected pursuant to this
section shall be deposited into the Guide Dogs for the Blind Fund,
which is hereby created.
SEC. 8. SEC. 9. Section 7201 of the
Business and Professions Code is amended to read:
7201. No person shall be eligible to membership in the board who
is a stockholder in, or an owner of, or financially interested
directly or indirectly, in any company, organization, or concern
supplying, delivering, or furnishing any guide dogs for use by
persons who are blind or visually impaired.
SEC. 9. SEC. 10. Section 7202 of the
Business and Professions Code is amended to read:
7202. Each of the appointed members of the board shall hold
office for a term of four years and until his or her
successor is appointed and qualified or until one year shall have
elapsed since the expiration of the term for which he or she
was appointed, whichever first occurs. No person shall serve as
an appointed member of the board for more than two consecutive
terms.
SEC. 10. SEC. 11. Section 7208 of
the Business and Professions Code is amended to read:
7208. Pursuant to the provisions of the Administrative Procedure
Act the board may make such rules and regulations as are reasonably
necessary to:
(a) Govern the procedure of the board.
(b) Govern the admission of applicants for examination for license
to instruct persons who are blind or visually impaired in the use of
guide dogs or to engage in the business of training, selling,
hiring, or being in the business of supplying guide dogs for persons
who are blind or visually impaired.
(c) Govern the operation of schools which furnish guide dogs and
train persons who are blind or visually impaired to use guide dogs.
(d) The reissuance of licenses.
(e) The reexamination of licensees.
SEC. 11. SEC. 12. Section 7209 of
the Business and Professions Code is amended to read:
7209. A person to be eligible for examination as an instructor
must (a) have a knowledge of the special problems of persons who are
blind or visually impaired and how to teach them, (b) be able to
demonstrate by actual blindfold test under traffic conditions his
or her ability to train guide dogs with whom persons who
are blind or visually impaired would be safe, (c) be suited
temperamentally and otherwise to instruct persons who are blind or
visually impaired in the use of guide dogs, and (d) have had at least
three years' actual experience, comprising such number of hours as
the board may require, as an instructor, and have handled 22
person-dog units; or its equivalent, as determined by the board, as
an apprentice under a licensed instructor or under an instructor in a
school satisfactory to the board.
SEC. 12. SEC. 13. Section 7209.5 of
the Business and Professions Code is amended to read:
7209.5. Except as the context otherwise requires, as used in this
chapter the term "instructor" means a person who instructs persons
who are blind or visually impaired in the use of guide dogs or who
engages in the business of training, selling, hiring, or supplying
guide dogs for persons who are blind or visually impaired.
SEC. 13. SEC. 1 4.
Section 7210.5 of the Business and Professions Code is amended to
read:
7210.5. It is unlawful to solicit funds for any person purporting
to provide guide dogs for persons who are blind or visually impaired
in this state unless the person for whose benefit the solicitation
is made holds a valid and unimpaired license issued by the State
Board of Guide Dogs for the Blind.
As used in this section "person" means an individual, firm,
partnership, association, corporation, limited liability company, or
cooperative association.
SEC. 14. SEC. 15. Section 7211.1 of
the Business and Professions Code is amended to read:
7211.1. (a) As a condition of renewal of an instructor's license,
the instructor shall provide proof of completion of not less than 8
hours of continuing education. The board shall determine the form of
proof.
(b) Continuing education shall meet the criteria specified in
Section 166, and shall be in one or more of the following subject
matter areas:
(1) Blindness and mobility.
(2) Health issues relating to blindness.
(3) Instructing persons who are blind or visually impaired.
(4) Care and training of dogs.
SEC. 15. SEC. 16. Section 7211.2 of
the Business and Professions Code is amended to read:
7211.2. A plea or verdict of guilty or a conviction following a
plea of nolo contendere is deemed to be a conviction within the
meaning of this article. The board may order the license suspended or
revoked, or may decline to issue a license, 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 the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his or her plea of guilty and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information information, or
indictment.
SEC. 16. SEC. 17. Section 7215 of
the Business and Professions Code is amended to read:
7215. No person shall sell, give, or furnish any guide dog to a
person who is blind or visually impaired unless the following
requirements have been met:
(a) The dog has been immunized against distemper and rabies.
(b) The dog has been spayed or neutered.
(c) The dog has been examined by a licensed veterinarian and found
to be in good health.
A certificate from a veterinarian certifying to the foregoing
shall be delivered to the recipient of the dog at the time the dog is
assigned to a client.
SEC. 17. SEC. 18. Section 7215.5 of
the Business and Professions Code is amended to read:
7215.5. (a) During the first year following
the successful training of each person-dog unit, and release from a
guide dog training school of the trained person supplied with a guide
dog, the school may retain title to the trained dog. During this
probationary year, the school may enter into a contractual agreement
with the user of the dog describing the conditions under which the
user may maintain the status of legal custodian of the dog. During
the probationary year, the school, acting in what it deems to be the
best interest of the user, the dog, or the public, may temporarily or
permanently resume possession of the dog.
Within
(b) Within 15 days after the end
of each fiscal year, each licensed school shall report to the board
the following:
(1) The number of dog ownership titles transferred to dog users
pursuant to this section during the calendar year.
(2) The number of title recoveries and repossessions made by the
school pursuant to this section during the calendar year.
(3) The number, type, and amount of charges assessed for followup
training, instruction, veterinary, or boarding services, pursuant to
this section, which make a distinction between users who have
acquired title to their dogs and users who have not acquired title.
(4) The views of the governing entity of the school as to any
problems or concerns relative to compliance with the provisions of
this section, along with recommendations for appropriate legislative
or administrative changes commensurate with the purposes of this
section.
Immediately
(c) Immediately upon completion
of the first year following the successful training referred to
above, if the training school and the dog user are mutually satisfied
with the operation of the person-dog unit, title to the dog shall be
transferred to the user who is blind or visually impaired if the
user so desires. Transfer of title shall be evidenced by a transfer
of title agreement executed by both parties thereto. The school may
retain an option to recover title and possession to the guide dog
subject to conditions described in the transfer of title agreement.
These conditions may include, but are not limited to, the following:
(1) If in the school's opinion, the guide dog is being misused or
neglected or mistreated by its user who is blind or visually
impaired.
(2) If the user to whom the dog was furnished has ceased to use
the dog as a guide and the dog is not too old to be retrained as a
guide for another person who is blind or visually impaired.
(3) If, in the school's opinion, the dog is no longer a safe guide
and the user refuses to cease using the dog as a guide after being
requested by the school to cease this use.
The
(d) The guide dog school shall
make no distinction as to the quality or extent of followup or
supportive services available to its blind graduates based on whether
they elect to acquire title to their dogs or allow title to remain
with the school after the probationary year. The school may, however,
make this distinction when assessing reasonable and appropriate
charges for followup training, instruction, veterinary, or boarding
services.
No
(e) No applicant for admission to
a guide dog training school, nor any enrolled student, shall be
required by the school prior to completion of his or her training to
sign any instrument or to announce his or her intention regarding
transfer of title of the dog from the school to himself or herself
upon completion of the training and probation period.
SEC. 18. SEC. 19. Section 7217 of
the Business and Professions Code is amended to read:
7217. (a) Within 60 days after the termination of the fiscal year
of a school, there shall be furnished to the board the following:
(1) A list of students accepted for training and those who have
completed training.
(2) A list of the number of dogs trained.
(b) Within 90 days after the end of a fiscal year, there shall be
furnished to the board an independent audit of the school's finances
by a certified public accountant licensed by this state.
SEC. 19. SEC. 20. Section 7685 of the
Business and Professions Code is amended to read:
7685. (a) (1) Every funeral director shall provide to any person,
upon beginning discussion of prices or of the funeral goods and
services offered, a written or printed list containing, but not
necessarily limited to, the price for professional services offered,
which may include the funeral director's services, the preparation of
the body, the use of facilities, and the use of automotive
equipment. All services included in this price or prices shall be
enumerated. The funeral director shall also provide a statement on
that list that gives the price range for all caskets offered for
sale.
(2) The list shall also include a statement indicating that the
survivor of the deceased who is handling the funeral arrangements, or
the responsible party, is entitled to receive, prior to the drafting
of any contract, a copy of any preneed agreement that has been
signed and paid for, in full or in part, by or on behalf of the
deceased, and that is in the possession of the funeral establishment.
(3) The funeral director shall also provide a written statement or
list that, at a minimum, specifically identifies a particular casket
or caskets by price and by thickness of metal, or type of wood, or
other construction, interior and color, in addition to other casket
identification requirements under Part 453 of Title 16 of the Code of
Federal Regulations and any subsequent version of this regulation,
when a request for specific information on a casket or caskets is
made in person by any individual. Prices of caskets and other
identifying features such as thickness of metal, or type of wood, or
other construction, interior and color, in addition to other casket
identification requirements required to be given over the telephone
by Part 453 of Title 16 of the Code of Federal Regulations and any
subsequent version of this regulation, shall be provided over the
telephone, if requested.
(b) (1) Each licensed funeral establishment that maintains an
Internet Web site shall post on its Internet Web site the list of
funeral goods and services that are required to be included in the
establishment's general price list, pursuant to federal rule, and a
statement that the general price list is available upon request.
(2) Information posted pursuant to paragraph (1) shall be provided
by a link from the homepage of the Internet Web site with a word or
combination of words, including, but not limited to, "goods,"
"merchandise," "products," or "services."
(3) An establishment that posts on its Internet Web site home page
the words "price information" or a similar phrase that includes the
word "price," with a link that leads to the establishment's general
price list, need not comply with paragraphs (1) or (2).
(4) Nothing in this subdivision shall be construed to affect an
establishment's obligations under federal or state law effective
prior to January 1, 2013.
(5) This subdivision shall become operative on January 1, 2013.
SEC. 21. Section 7818 of the Business
and Professions Code is amended to read:
7818. The board, pursuant to the provisions contained in Chapter
4.5 3.5 (commencing with Section
11371) 11340) of Part 1 of Division 3
of Title 2 of the Government Code, may adopt, amend or repeal rules
and regulations to carry out the provisions of this chapter.
SEC. 20. SEC. 22. Section 8508 of
the Business and Professions Code is amended to read:
8508. "Household" means any structure and its contents that are
used for persons and their convenience.
SEC. 21. SEC. 23. Section 8513 of
the Business and Professions Code is amended to read:
8513. (a) The board shall prescribe a form entitled "Notice to
Owner" that shall describe, in nontechnical language and in a clear
and coherent manner using words with common and everyday meaning, the
pertinent provisions of this state's mechanics lien laws and the
rights and responsibilities of an owner of property and a registered
pest control company thereunder. Each company registered under this
chapter, prior to entering into a contract with an owner for work for
which a company registration is required, shall give a copy of this
"Notice to Owner" to the owner, his or her agent, or the payer.
(b) No company that is required to be registered under this
chapter shall require or request a waiver of lien rights from any
subcontractor, employee, or supplier.
(c) Each company registered under this chapter that acts as a
subcontractor for another company registered under this chapter
shall, within 20 days of commencement of any work for which a company
registration is required, give the preliminary notice in accordance
with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of
Division 4 of the Civil Code, to the owner, his or her agent, or the
payer.
(d) Each company registered under this chapter that acts as a
prime contractor for work for which a company registration is
required shall, prior to accepting payment for the work, furnish to
the owner, his or her agent, or the payer a full and unconditional
release from any claim of mechanics lien by any subcontractor
entitled to enforce a mechanics lien pursuant to Section 8410 of the
Civil Code.
(e) Each company registered under this chapter that subcontracts
to another company registered under this chapter work for which a
company registration is required shall furnish to the subcontractor
the name of the owner, his or her agent, or the payer.
(f) A violation of the provisions of this section is a ground for
disciplinary action.
SEC. 22. SEC. 24. Section 8516.5 of
the Business and Professions Code is repealed.
SEC. 23. SEC. 25. Section 8552 of
the Business and Professions Code is amended to read:
8552. It is unlawful for any person to advertise or represent in
any manner that any pest control work, in whole or in part, has been
done upon any structure, unless the work has been performed by a
registered company, except as otherwise provided in this chapter.
SEC. 24. SEC. 26. Section 8611 of
the Business and Professions Code is amended to read:
8611. (a) Each branch office shall have a branch supervisor
designated by the registered company to supervise and assist the
company's employees who are located at that branch. The branch
supervisor shall be an individual who is licensed by the board as an
operator or a field representative in the branch or branches of
business being conducted and his or her license shall be prominently
displayed in the branch office.
(b) If a branch supervisor ceases for any reason to be connected
with a registered company, the company shall notify the registrar in
writing within 10 days from that cessation. If this notice is given,
the company's branch office registration shall remain in force for a
reasonable length of time to be determined by rules of the board,
during which period the company shall submit to the registrar in
writing the name of another qualified branch supervisor.
SEC. 25. SEC. 27. Section 17913 of
the Business and Professions Code is amended to read:
17913. (a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing
business as
*_________________________________________________
at ** ___________________________________________:
***_______________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
This business is conducted by ****_______________
The registrant
commenced to transact business
under the fictitious business name or names
listed above on
***** ________________________________
I declare that all information in this statement
is true and correct. (A registrant who declares
as true any material matter pursuant to Section
17913 of the Business and Professions Code that
the registrant knows to be false is guilty of a
misdemeanor punishable by a fine not to exceed
one thousand dollars ($1,000).)
Registrant ________________________________
signature
Statement filed with the County Clerk of ____
County on ________________________________________
NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A
FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS
FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY
CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE
IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE
STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE
RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE
IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE
RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION
14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b) The fictitious business name statement shall contain the
following information set forth in the manner indicated in the form
provided by subdivision (a):
(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated at
the same address and under the same ownership may be listed on one
fictitious business name statement.
(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address, and county, of his or her principal place of business in
this state. If the registrant has no place of business in this state,
insert the street address, and county, of his or her principal place
of business outside this state.
(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and
residence address. If the registrants are a married couple, insert
the full name and residence address of both parties to the marriage.
If the registrant is a general partnership, copartnership, joint
venture, or limited liability partnership, insert the full name and
residence address of each general partner. If the registrant is a
limited partnership, insert the full name and residence address of
each general partner. If the registrant is a limited liability
company, insert the name and address of the limited liability
company, as set out in its articles of organization on file with the
California Secretary of State, and the state of organization. If the
registrant is a trust, insert the full name and residence address of
each trustee. If the registrant is a corporation, insert the name and
address of the corporation, as set out in its articles of
incorporation on file with the California Secretary of State, and the
state of incorporation. If the registrants are state or local
registered domestic partners, insert the full name and residence
address of each domestic partner. If the registrant is an
unincorporated association other than a partnership, insert the name
of each person who is interested in the business of the association
and whose liability with respect to the association is substantially
the same as that of a general partner.
(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the business:
(i) "an individual," (ii) "a general partnership," (iii) "a limited
partnership," (iv) "a limited liability company," (v) "an
unincorporated association other than a partnership," (vi) "a
corporation," (vii) "a trust," (viii) "copartners," (ix) "a married
couple," (x) "joint venture," (xi) "state or local registered
domestic partners," or (xii) "a limited liability partnership."
(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact business
under the fictitious business name or names listed, if already
transacting business under that name or names. If the registrant has
not yet commenced to transact business under the fictitious business
name or names listed, insert the statement, "Not applicable."
(c) The registrant shall declare that all of the information in
the fictitious business statement is true and correct. A registrant
who declares as true any material matter pursuant to this section
that the registrant knows to be false is guilty of a misdemeanor
punishable by a fine not to exceed one thousand dollars ($1,000).
(d) (1) At the time of filing of the fictitious business name
statement, the registrant filing on behalf of the registrant shall
present personal identification in the form of a California driver's
license or other government identification acceptable to the county
clerk to adequately determine the identity of the registrant filing
on behalf of the registrant as provided in subdivision (e) and the
county clerk may require the registrant to complete and sign an
affidavit of identity.
(2) In the case of a registrant utilizing an agent for submission
of the registrant's fictitious business name statement for filing, at
the time of filing of the fictitious business name statement, the
agent filing on behalf of the registrant shall present personal
identification in the form of a California driver's license or other
government identification acceptable to the county clerk to
adequately determine the identity of the agent filing on behalf of
the registrant as provided in subdivision (e). The county clerk may
also require the agent to submit a notarized statement signed by the
registrant declaring the registrant has authorized the agent to
submit the filing on behalf of the registrant.
(e) If the registrant is a corporation, a limited liability
company, a limited partnership, or a limited liability partnership,
the county clerk may require documentary evidence issued by the
California Secretary of State and deemed acceptable by the county
clerk, indicating the current existence and good standing of that
business entity to be attached to a completed and notarized affidavit
of identity, for purposes of subdivision (d).
(f) The county clerk may require a registrant that mails a
fictitious business name statement to a county clerk's office for
filing to submit a completed and notarized affidavit of identity. A
registrant that is a corporation, limited liability company, limited
partnership, or limited liability partnership, if required by the
county clerk to submit an affidavit of identity, shall also submit
documentary evidence issued by the California Secretary of State
indicating the current existence and good standing of that business
entity.
(g) A county clerk that chooses to establish procedures pursuant
to this section shall prescribe the form of affidavit of identity for
filing by a registrant in that county.
SEC. 26. SEC. 28. Section 13995.40
of the Government Code is amended to read:
13995.40. (a) Upon approval of the initial referendum, the office
shall establish a nonprofit mutual benefit corporation named the
California Travel and Tourism Commission. The commission shall be
under the direction of a board of commissioners, which shall function
as the board of directors for purposes of the Nonprofit Corporation
Law.
(b) The board of commissioners shall consist of 37 commissioners
comprising the following:
(1) The director, who shall serve as chairperson.
(2) (A) Twelve members, who are professionally active in the
tourism industry, and whose primary business, trade, or profession is
directly related to the tourism industry, shall be appointed by the
Governor. Each appointed commissioner shall represent only one of the
12 tourism regions designated by the office, and the appointed
commissioners shall be selected so as to represent, to the greatest
extent possible, the diverse elements of the tourism industry.
Appointed commissioners are not limited to individuals who are
employed by or represent assessed businesses.
(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed commissioner
90 days following the date on which he or she ceases to meet both of
the eligibility criteria specified in subparagraph (A), unless the
commissioner becomes eligible again within that 90-day period.
(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an
assessed business.
(c) The commission established pursuant to Section 15364.52 shall
be inoperative so long as the commission established pursuant to this
section is in existence.
(d) Elected commissioners shall be elected by industry category in
a referendum. Regardless of the number of ballots received for a
referendum, the nominee for each commissioner slot with the most
weighted votes from assessed businesses within that industry category
shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his or
her term, the commission shall appoint a replacement from the same
industry category that the commissioner in question represented, and
that commissioner shall fill the remaining term of the commissioner
in question. The number of commissioners elected from each industry
category shall be determined by the weighted percentage of
assessments from that category.
(e) The director may remove any elected commissioner following a
hearing at which the commissioner is found guilty of abuse of office
or moral turpitude.
(f) (1) The term of each elected commissioner shall commence July
1 of the year next following his or her election, and shall expire on
June 30 of the fourth year following his or her election. If an
elected commissioner ceases to be employed by or with an assessed
business in the category and segment which he or she was
representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he or she
ceases to be so employed, unless, within that 90-day period, the
commissioner again is employed by or with an assessed business in the
same category and segment.
(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.
(g) With the exception of the director, no commissioner shall
serve for more than two consecutive terms. For purposes of this
subdivision, the phrase "two consecutive terms" shall not include
partial terms.
(h) Except for the original commissioners, all commissioners shall
serve four-year terms. One-half of the commissioners originally
appointed or elected shall serve a two-year term, while the remainder
shall serve a four-year term. Every two years thereafter, one-half
of the commissioners shall be appointed or elected by referendum.
(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the commissioners,
by adopted resolution, shall nominate a slate of candidates, and
shall include any additional candidates complying with the procedure
described in Section 13995.62.
(j) The commissioners shall elect a vice chairperson from the
elected commissioners.
(k) The commission may lease space from the office.
(l) The commission and the office shall be the official state
representatives of California tourism.
(m) (1) All commission meetings shall be held in California.
(2) Commissioners may participate in meetings by means of
conference telephone and other technology, as authorized
pursuant to paragraph (6) of subdivision (a) of Section 7211 of the
Corporations Code. technology.
(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement for
reasonable expenses incurred while on authorized commission business.
(o) Assessed businesses shall vote only for commissioners
representing their industry category.
(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve the
economic interests of those tourism segments and that the economic
interests of these members are the same as those of the public
generally.
(q) Commission meetings shall be subject to the requirements of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1).
(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep the
minutes and records of all commission meetings.
SEC. 27. SEC. 29. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.