BILL NUMBER: SB 308 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2013
INTRODUCED BY Senator Price
( Principal coauthor: Assembly Member
Gordon )
FEBRUARY 15, 2013
An act to amend Sections 5800, 5810, 5812,
7200, and 7303 7215.6, 7303, and 7362
of , and to add Sections 5806, 5807, and 5811.1 to, the
Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 308, as amended, Price. Professions and vocations.
Existing
(1) Existing law authorizes a
certified interior designer, as defined, to obtain a stamp from
an interior design organization, as defined, that uniquely
identifies the designer and certifies that he or she meets certain
qualifications and requires the use of that stamp on all drawings and
documents submitted to any governmental agency by the designer.
Existing law makes it an unfair business practice for any
certified interior designer or any other person to represent that he
or she is state certified to practice interior design.
Existing law provides that these provisions are repealed on January
1, 2014, and shall be subject to review by the Joint Committee on
Boards, Commissions, and Consumer Protection, which has been
abolished.
This bill would instead repeal those provisions on January 1,
2018, and would make them subject to review by the appropriate policy
committees of the Legislature. The bill would include in the
definition of a certified interior designer that a certified interior
designer provide s plans and documents that illustrate
specified things and engages in coordination and collaboration with
other design professionals, as specified.
The bill would require a certified interior designer to use a
written contract that includes specified information when contracting
to provide interior design services to a client pursuant to these
provisions and require that nothing in these provisions prohibit
interior design or interior decorator services by any person or
retail activity.
The bill would require all meetings of an interior design
organization to be subject to the open meeting requirements
applicable to state agencies.
Existing
(2) Existing law provides for the
licensure and regulation of various businesses and professions by
boards within the Department of Consumer Affairs, including the State
Board of Guide Dogs for the Blind. Existing law requires that the
board consist of certain members. Existing law establishes a
pilot project to provide an arbitration procedure for the purpose of
resolving disputes between a guide dog user and a licensed guide dog
school, as specified. Existing law repeals these provisions on
January 1, 2014.
This bill would extend the operation of these provisions until
January 1, 2018.
Existing
(3) Existing law provides for the
licensure and regulation of barbering and cosmetology by the State
Board of Barbering and Cosmetology and authorizes the board to
appoint an executive officer. Under existing law, these provisions
are repealed on January 1, 2014.
This bill would instead repeal these provisions on January 1,
2018, and specify that the board would be subject to review by the
appropriate policy committees of the Legislature upon repeal.
Existing law provides that a board-approved school of barbering
and cosmetology is one that is licensed by the Bureau for Private
Postsecondary Education or a public school in the state, and offers a
course of instruction approved by the board.
This bill would require a school to be approved by the board
before it is approved by the Bureau for Private Postsecondary
Education and authorize both entities to simultaneously process a
school's application for approval. The bill would also authorize the
board to revoke, suspend, or deny its approval of a school on
specified grounds.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5800 of the Business
and Professions Code is amended to read:
5800. As used in this chapter:
(a) "Certified interior designer" means a person who
prepares meets all of the following requirements:
(1 ) Prepares
and submits nonstructural or nonseismic plans and
documents consistent with Sections 5805 and 5538 to local
building departments that are of sufficient complexity so as to
require the skills of a licensed contractor to implement
them, and who engages them.
(2) Engages in programming,
planning, designing, and documenting the construction and
installation of nonstructural or nonseismic elements, finishes ,
veneers, and furnishings within the interior spaces of a
building, and has building.
(3) Provides plans and documents that illustrate partition
layouts, horizontal exiting, rated corridors, reflected ceiling plans
and lighting orientation, location of power and communication
outlets, materials, finishes, furniture, interior alterations,
fixtures, millwork, appliances, and equipment.
(4) Engages in coordination and collaboration with other design
professionals who may be retained to provide consulting services,
including, but not limited to, architects, engineers, and other
specialty consultants.
(5) Has demonstrated by means of
education, experience and examination, the competency to protect and
enhance the health, safety, and welfare of the public.
(b) An "interior design organization" means a nonprofit
organization, exempt from taxation under Section 501(c)(3) of Title
26 of the United States Code, of certified interior designers whose
governing board shall include representatives of the public, except
that an organization that is not currently exempt under that section
that submits an application to the Internal Revenue Service
requesting an exemption under that section shall be eligible to be an
interior design organization if it meets the requirements under that
section within a reasonable period of time.
SEC. 2. Section 5806 is added to the
Business and Professions Code , to read:
5806. Nothing in this chapter shall prohibit interior design or
interior decorator services by any person or retail activity.
SEC. 3. Section 5807 is added to the
Business and Professions Code , to read:
5807. (a) A certified interior designer shall use a written
contract when contracting to provide interior design services to a
client pursuant to this chapter. The written contract shall be
executed by the certified interior designer and the client, or his or
her representative, prior to the certified interior designer
commencing work. The written contract shall include, but not be
limited to, all of the following:
(1) A description of the services to be provided to the client by
the certified interior designer.
(2) A description of any basis of compensation applicable to the
contract and the method of payment agreed upon by the parties.
(3) The name, address, and certification number of the certified
interior designer and the name and address of the client.
(4) A description of the procedure that the certified interior
designer and the client will use to accommodate additional services.
(5) A description of the procedure to be used by any party to
terminate the contract.
(6) A three-day rescission clause in accordance with Chapter 2
(commencing with Section 1688) of Title 5 of Part 2 of Division 3 of
the Civil Code.
(7) A written disclosure stating whether the certified interior
designer carries errors and omissions insurance.
(b) Subdivision (a) shall not apply to any of the following:
(1) Interior design services rendered by a certified interior
designer for which the client will not pay compensation.
(2) Interior design services rendered by a certified interior
designer to any of the following:
(A) An architect licensed under Chapter 3 (commencing with Section
5500).
(B) A landscape architect licensed under Chapter 3.5 (commencing
with Section 5615).
(C) An engineer licensed under Chapter 7 (commencing with Section
6700).
(c) As used in this section, "written contract" includes a
contract in electronic form.
SECTION 1. SEC. 4. Section 5810 of
the Business and Professions Code is amended to read:
5810. (a) This chapter shall be subject to review by the
appropriate policy committees of the Legislature.
(b) This chapter 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.
SEC. 5. Section 5811.1 is added to the
Business and Professions Code , to read:
5811.1. The meetings of an interior design organization issuing
stamps under Section 5801 shall be subject to the rules of the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
SEC. 6. Section 5812 of the Business
and Professions Code is amended to read:
5812. It is an unfair business practice for any person to
represent themselves as a or hold himself or
herself out as, or to use the title "certified interior
designer" unless they comply with the requirements of this
chapter. or any other term, such as "licensed,"
"registered," or "CID," that implies or suggests that the person is
certified as an interior designer when he or she does not hold a
valid certification as provided in Sections 5800 and 5801.
SEC. 2. SEC. 7. 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 the blind, and at least two of them shall be blind
persons 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. 8. Section 7215.6 of the Business
and Professions Code is amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes that may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards. The
board and its representative are not parties to any dispute
described in this section.
(c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by the
arbitration panel and subject to its procedures, each party to the
dispute shall waive any right for subsequent judicial review.
(e) (1) A licensed guide dog school that
fails to comply with any provision of this section shall
automatically be subject to a penalty of two hundred fifty dollars
($250) per day for each day in which a violation occurs. The penalty
shall be paid to the board. The license of a guide dog school shall
not be renewed until all penalties have been paid.
The fine
(2) The penalty shall be assessed
without advance hearing, but the licensee may apply to the board for
a hearing on the issue of whether the fine
penalty should be modified or set aside. This application shall
be in writing and shall be received by the board within 30 days
after service of notice of the fine penalty
. Upon receipt of this written request, the board shall set the
matter for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take custody
of the dog at once. However, if the dog is removed from the user's
custody without the user's concurrence, the school shall provide to
the board the evidence that caused this action to be taken at once
and without fail; and within five calendar days a special committee
of two members of the board shall make a determination regarding
custody of the dog pending hearing by the arbitration panel.
(g) (1) The arbitration panel shall decide
the best means to determine final resolution in each case. This shall
include, but is not limited to, a hearing of the matter before the
arbitration panel at the request of either party to the dispute, an
opportunity for each party in the dispute to make presentations
before the arbitration panel, examination of the written record, or
any other inquiry as will best reveal the facts of the disputes. In
any case, the panel shall make its findings and complete its
examination within 45 calendar days of the date of filing the request
for arbitration, and a decision shall be rendered within 10 calendar
days of the examination.
All
(2) All hearings shall be held at
sites convenient to the parties and with a view to minimizing costs.
Each party to the arbitration shall bear its own costs, except that
the arbitration panel, by unanimous agreement, may modify this
arrangement.
(h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
(i) This section shall remain in effect only until January 1,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, deletes or
extends that date.
SEC. 3. SEC. 9. Section 7303 of the
Business and Professions Code is amended to read:
7303. (a) Notwithstanding Article 8 (commencing with Section
9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code, there is in the Department of Consumer Affairs the
State Board of Barbering and Cosmetology in which the administration
of this chapter is vested.
(b) The board shall consist of nine members. Five members shall be
public members, and four members shall represent the professions.
The Governor shall appoint three of the public members and the four
professional members. The Senate Committee on Rules and the Speaker
of the Assembly shall each appoint one public member. Members of the
board shall be appointed for a term of four years, except that of the
members appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term of
two years. No board member may serve longer than two consecutive
terms.
(c) The board may appoint an executive officer who is exempt from
civil service. The executive officer shall exercise the powers and
perform the duties delegated by the board and vested in him or her by
this chapter. The appointment of the executive officer is subject to
the approval of the director. In the event that a newly authorized
board replaces an existing or previous bureau, the director may
appoint an interim executive officer for the board who shall serve
temporarily until the new board appoints a permanent executive
officer.
(d) The executive officer shall provide examiners, inspectors, and
other personnel necessary to carry out the provisions of this
chapter.
(e) 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. 10. Section 7362 of the Business
and Professions Code is amended to read:
7362. (a) A school approved by the board is one which
that is licensed first
approved by the board and subsequently approved by
the Bureau for Private Postsecondary and Vocational
Education, Education or is a public
school in this state, and provides a course of instruction approved
by the board. However, notwithstanding any other law, both the
board and the Bureau for Private Postsecondary Education may
simultaneously process a school's application for approval.
(b) The board shall determine by regulation the required subjects
of instruction to be completed in all approved courses, including the
minimum hours of technical instruction and minimum number of
practical operations for each subject, and shall determine how much
training is required before a student may begin performing services
on paying patrons.
(c) Notwithstanding any other law, the board may revoke, suspend,
or deny at any time approval of a school on any of the following
grounds:
(1) Unprofessional conduct which includes, but is not limited to,
any of the following:
(A) Incompetence or gross negligence, including failure to comply
with generally accepted standards for the practice of barbering,
cosmetology, or electrology, or disregard for the health and safety
of patrons.
(B) Repeated similar negligent acts.
(C) Conviction of any crime substantially related to the
qualifications, functions, or duties of the owner of an approved
school, in which case, the records of conviction or a certified copy
thereof shall be conclusive evidence of the conviction.
(D) Advertising by means of knowingly false or deceptive
statements.
(2) Failure to comply with the requirements of this chapter.
(3) Failure to comply with the rules governing health and safety
adopted by the board and approved by the State Department of Public
Health, for the regulation of board-approved schools.
(4) Failure to comply with the rules adopted by the board for the
regulation of establishments, or any practice licensed and regulated
under this chapter.
(5) Continued practice by a person knowingly having an infectious
or contagious disease.
(6) Habitual drunkenness, or habitual use of or addiction to the
use of any controlled substance.
(7) Obtaining or attempting to obtain practice in any occupation
licensed and regulated under this chapter, or money, or compensation
in any form, by fraudulent misrepresentation.
(8) Failure to display the license or health and safety rules and
regulations in a conspicuous place.
(9) Refusal to permit or interference with an inspection
authorized under this chapter.
(10) Any action or conduct that would have warranted the denial of
a school approval.