Bill Text: CA SB954 | 2009-2010 | Regular Session | Introduced
Bill Title: Legislative procedure: committee referrals: Joint
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-02-18 - To Coms. on RLS. and APPR. [SB954 Detail]
Download: California-2009-SB954-Introduced.html
BILL NUMBER: SB 954 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Harman
(Coauthor: Senator Dutton)
(Coauthor: Assembly Member Smyth)
FEBRUARY 4, 2010
An act to amend Sections 22, 102.3, 473, 473.15, 473.16, 473.2,
473.3, 473.4, 473.5, 473.6, 474, 474.1, 474.2, 474.3, 474.4, 1620.1,
1632.5, 1634.2, 1638.1, 1638.7, 4001.5, 4200.1, 4200.3, 4934.2, 5000,
5811, 6704.1, 7000.5, 7303.2, 9882, 18824, and 18882 of, to amend
the heading of Division 1.2 (commencing with Section 473) of, and to
add Chapter 3 (commencing with Section 474.5) to Division 1.2 of, the
Business and Professions Code, and to amend Sections 9148.52 and
9148.8 of the Government Code, relating to legislative procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 954, as introduced, Harman. Legislative procedure: committee
referrals: Joint Committee on Boards, Commissions, and Consumer or
Business Protection.
The California Constitution authorizes each house of the
Legislature to provide for the selection of committees necessary for
the conduct of its business, including committees to ascertain facts
and make recommendations to the Legislature on a subject within the
scope of legislative control.
Existing law generally makes various regulatory boards within the
Department of Consumer Affairs inoperative and repealed on specified
dates, and, until January 1, 2012, subjects those boards and other
specified boards to review by the Joint Committee on Boards,
Commissions, and Consumer Protection.
This bill would enact the Jobs Protection Act. The bill would
rename the Joint Committee on Boards, Commissions, and Consumer
Protection as the Joint Committee on Boards, Commissions, and
Consumer or Business Protection, and would create a new legislative
procedure with regard to any bill, as defined, that may have a
statewide economic impact affecting business. The bill would require
the Assembly Committee on Rules and the Senate Committee on Rules to
refer any bill that may have a statewide economic impact affecting
business, as specified, to the joint committee for the preparation of
an economic impact analysis and a hearing and approval. The bill
would require the joint committee to move a bill estimated to
generate a fiscal impact of $10,000 or more on small business, as
defined, or $50,000 or more on any other business, to the suspense
file of the joint committee for further consideration, subject to
specified procedural requirements. The bill would also require the
joint committee to make an annual report in that regard. The bill
would make conforming changes to related provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Jobs
Protection Act.
SEC. 2. Section 22 of the Business and Professions Code is amended
to read:
22. (a) "Board," as used in any provision of this code, refers to
the board in which the administration of the provision is vested,
and unless otherwise expressly provided, shall include "bureau,"
"commission," "committee," "department," "division," "examining
committee," "program," and "agency."
(b) Whenever the regulatory program of a board that is subject to
review by the Joint Committee on Boards, Commissions, and Consumer
or Business Protection, as provided for in Division 1.2
(commencing with Section 473), is taken over by the department, that
program shall be designated as a "bureau."
SEC. 3. Section 102.3 of the Business and Professions Code is
amended to read:
102.3. (a) The director may enter into an interagency agreement
with an appropriate entity within the Department of Consumer Affairs
as provided for in Section 101 to delegate the duties, powers,
purposes, responsibilities, and jurisdiction that have been succeeded
and vested with the department, of a board, as defined in Section
477, which became inoperative and was repealed in accordance with
Chapter 908 of the Statutes of 1994.
(b) (1) Where, pursuant to subdivision (a), an interagency
agreement is entered into between the director and that entity, the
entity receiving the delegation of authority may establish a
technical committee to regulate, as directed by the entity, the
profession subject to the authority that has been delegated. The
entity may delegate to the technical committee only those powers that
it received pursuant to the interagency agreement with the director.
The technical committee shall have only those powers that have been
delegated to it by the entity.
(2) Where the entity delegates its authority to adopt, amend, or
repeal regulations to the technical committee, all regulations
adopted, amended, or repealed by the technical committee shall be
subject to the review and approval of the entity.
(3) The entity shall not delegate to a technical committee its
authority to discipline a licentiate who has violated the provisions
of the applicable chapter of the Business and Professions Code that
is subject to the director's delegation of authority to the entity.
(c) An interagency agreement entered into, pursuant to subdivision
(a), shall continue until such time as the licensing program
administered by the technical committee has undergone a review by the
Joint Committee on Boards, Commissions, and Consumer or
Business Protection to evaluate and determine whether the
licensing program has demonstrated a public need for its continued
existence. Thereafter, at the director's discretion, the interagency
agreement may be renewed.
SEC. 4. The heading of Division 1.2 (commencing with Section 473)
of the Business and Professions Code is amended to read:
DIVISION 1.2. JOINT COMMITTEE ON BOARDS, COMMISSIONS, AND
CONSUMER OR BUSINESS PROTECTION
SEC. 5. Section 473 of the Business and Professions Code is
amended to read:
473. (a) There is hereby established the Joint Committee on
Boards, Commissions, and Consumer or Business Protection.
(b) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall consist of three members appointed
by the Senate Committee on Rules and three members appointed by the
Speaker of the Assembly. No more than two of the three members
appointed from either the Senate or the Assembly shall be from the
same party. The Joint Rules Committee shall appoint the chairperson
of the committee.
(c) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall have and exercise all of the
rights, duties, and powers conferred upon investigating committees
and their members by the Joint Rules of the Senate and Assembly as
they are adopted and amended from time to time, which provisions are
incorporated herein and made applicable to this committee and its
members.
(d) The Speaker of the Assembly and the Senate Committee on Rules
may designate staff for the Joint Committee on Boards, Commissions,
and Consumer or Business Protection.
(e) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection is authorized to act until January 1,
2012, at which time the committee's existence shall terminate.
SEC. 6. Section 473.15 of the Business and Professions Code is
amended to read:
473.15. (a) The Joint Committee on Boards, Commissions, and
Consumer or Business Protection established pursuant to
Section 473 shall review the following boards established by
initiative measures, as provided in this section:
(1) The State Board of Chiropractic Examiners established by an
initiative measure approved by electors November 7, 1922.
(2) The Osteopathic Medical Board of California established by an
initiative measure approved June 2, 1913, and acts amendatory thereto
approved by electors November 7, 1922.
(b) The Osteopathic Medical Board of California shall prepare an
analysis and submit a report as described in subdivisions (a) to (e),
inclusive, of Section 473.2, to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection on or
before September 1, 2010.
(c) The State Board of Chiropractic Examiners shall prepare an
analysis and submit a report as described in subdivisions (a) to (e),
inclusive, of Section 473.2, to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection on or
before September 1, 2011.
(d) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall, during the interim recess of 2004
for the Osteopathic Medical Board of California, and during the
interim recess of 2011 for the State Board of Chiropractic Examiners,
hold public hearings to receive testimony from the Director of
Consumer Affairs, the board involved, the public, and the regulated
industry. In that hearing, each board shall be prepared to
demonstrate a compelling public need for the continued existence of
the board or regulatory program, and that its licensing function is
the least restrictive regulation consistent with the public health,
safety, and welfare.
(e) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall evaluate and make determinations
pursuant to Section 473.4 and shall report its findings and
recommendations to the department as provided in Section 473.5.
(f) In the exercise of its inherent power to make investigations
and ascertain facts to formulate public policy and determine the
necessity and expediency of contemplated legislation for the
protection of the public health, safety, and welfare, it is the
intent of the Legislature that the State Board of Chiropractic
Examiners and the Osteopathic Medical Board of California be reviewed
pursuant to this section.
(g) It is not the intent of the Legislature in requiring a review
under this section to amend the initiative measures that established
the State Board of Chiropractic Examiners or the Osteopathic Medical
Board of California.
SEC. 7. Section 473.16 of the Business and Professions Code is
amended to read:
473.16. The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall examine the composition of
the Medical Board of California and its initial and biennial fees and
report to the Governor and the Legislature its findings no later
than July 1, 2008.
SEC. 8. Section 473.2 of the Business and Professions Code is
amended to read:
473.2. All boards to which this chapter applies shall, with the
assistance of the Department of Consumer Affairs, prepare an analysis
and submit a report to the Joint Committee on Boards, Commissions,
and Consumer or Business Protection no later than 22
months before that board shall become inoperative. The analysis and
report shall include, at a minimum, all of the following:
(a) A comprehensive statement of the board's mission, goals,
objectives and legal jurisdiction in protecting the health, safety,
and welfare of the public.
(b) The board's enforcement priorities, complaint and enforcement
data, budget expenditures with average- and median-costs per case,
and case aging data specific to post and preaccusation cases at the
Attorney General's office.
(c) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
(d) The board's description of its licensing process including the
time and costs required to implement and administer its licensing
examination, ownership of the license examination, relevancy and
validity of the licensing examination, and passage rate and areas of
examination.
(e) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.
SEC. 9. Section 473.3 of the Business and Professions Code is
amended to read:
473.3. (a) Prior to the termination, continuation, or
reestablishment of any board or any of the board's functions, the
Joint Committee on Boards, Commissions, and Consumer or Business
Protection shall, during the interim recess preceding the date
upon which a board becomes inoperative, hold public hearings to
receive testimony from the Director of Consumer Affairs, the board
involved, and the public and regulated industry. In that hearing,
each board shall have the burden of demonstrating a compelling public
need for the continued existence of the board or regulatory program,
and that its licensing function is the least restrictive regulation
consistent with the public health, safety, and welfare.
(b) In addition to subdivision (a), in 2002 and every four years
thereafter, the committee, in cooperation with the California
Postsecondary Education Commission, shall hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions. In those hearings, the bureau shall
have the burden of demonstrating a compelling public need for the
continued existence of the bureau and its regulatory program, and
that its function is the least restrictive regulation consistent with
the public health, safety, and welfare.
(c) The committee, in cooperation with the California
Postsecondary Education Commission, shall evaluate and review the
effectiveness and efficiency of the Bureau for Private Postsecondary
and Vocational Education, based on factors and minimum standards of
performance that are specified in Section 473.4. The committee shall
report its findings and recommendations as specified in Section
473.5. The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.
(d) In addition to subdivision (a), in 2003 and every four years
thereafter, the committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the Bureau of
Automotive Repair. In those hearings, the bureau shall have the
burden of demonstrating a compelling public need for the continued
existence of the bureau and its regulatory program, and that its
function is the least restrictive regulation consistent with the
public health, safety, and welfare.
(e) The committee shall evaluate and review the effectiveness and
efficiency of the Bureau of Automotive Repair based on factors and
minimum standards of performance that are specified in Section 473.4.
The committee shall report its findings and recommendations as
specified in Section 473.5. The bureau shall prepare an analysis and
submit a report to the committee as specified in Section 473.2.
SEC. 10. Section 473.4 of the Business and Professions Code is
amended to read:
473.4. (a) The Joint Committee on Boards, Commissions, and
Consumer or Business Protection shall evaluate and
determine whether a board or regulatory program has demonstrated a
public need for the continued existence of the board or regulatory
program and for the degree of regulation the board or regulatory
program implements based on the following factors and minimum
standards of performance:
(1) Whether regulation by the board is necessary to protect the
public health, safety, and welfare.
(2) Whether the basis or facts that necessitated the initial
licensing or regulation of a practice or profession have changed.
(3) Whether other conditions have arisen that would warrant
increased, decreased, or the same degree of regulation.
(4) If regulation of the profession or practice is necessary,
whether existing statutes and regulations establish the least
restrictive form of regulation consistent with the public interest,
considering other available regulatory mechanisms, and whether the
board rules enhance the public interest and are within the scope of
legislative intent.
(5) Whether the board operates and enforces its regulatory
responsibilities in the public interest and whether its regulatory
mission is impeded or enhanced by existing statutes, regulations,
policies, practices, or any other circumstances, including budgetary,
resource, and personnel matters.
(6) Whether an analysis of board operations indicates that the
board performs its statutory duties efficiently and effectively.
(7) Whether the composition of the board adequately represents the
public interest and whether the board encourages public
participation in its decisions rather than participation only by the
industry and individuals it regulates.
(8) Whether the board and its laws or regulations stimulate or
restrict competition, and the extent of the economic impact the board'
s regulatory practices have on the state's business and technological
growth.
(9) Whether complaint, investigation, powers to intervene, and
disciplinary procedures adequately protect the public and whether
final dispositions of complaints, investigations, restraining orders,
and disciplinary actions are in the public interest; or if it is,
instead, self-serving to the profession, industry or individuals
being regulated by the board.
(10) Whether the scope of practice of the regulated profession or
occupation contributes to the highest utilization of personnel and
whether entry requirements encourage affirmative action.
(11) Whether administrative and statutory changes are necessary to
improve board operations to enhance the public interest.
(b) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall consider alternatives to placing
responsibilities and jurisdiction of the board under the Department
of Consumer Affairs.
(c) Nothing in this section precludes any board from submitting
other appropriate information to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection.
SEC. 11. Section 473.5 of the Business and Professions Code is
amended to read:
473.5. The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall report its findings and
preliminary recommendations to the department for its review, and,
within 90 days of receiving the report, the department shall report
its findings and recommendations to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection during
the next year of the regular session that follows the hearings
described in Section 473.3. The committee shall then meet to vote on
final recommendations. A final report shall be completed by the
committee and made available to the public and the Legislature. The
report shall include final recommendations of the department and the
committee and whether each board or function scheduled for repeal
shall be terminated, continued, or reestablished, and whether its
functions should be revised. If the committee or the department deems
it advisable, the report may include proposed bills to carry out its
recommendations.
SEC. 12. Section 473.6 of the Business and Professions Code is
amended to read:
473.6. The chairpersons of the appropriate policy committees of
the Legislature may refer to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection for
review of any legislative issues or proposals to create new licensure
or regulatory categories, change licensing requirements, modify
scope of practice, or create a new licensing board under the
provisions of this code or pursuant to Chapter 1.5 (commencing with
Section 9148) of Part 1 of Division 2 of Title 2 of the Government
Code.
SEC. 13. Section 474 of the Business and Professions Code is
amended to read:
474. The Joint Committee on Boards, Commissions, and Consumer
or Business Protection established pursuant to Section 473
shall review all state boards as defined in Section 9148.2 of the
Government Code, in addition to boards subject to review pursuant to
Chapter 1 (commencing with Section 473), every four years or over
another time period as determined by the committee.
SEC. 14. Section 474.1 of the Business and Professions Code is
amended to read:
474.1. Prior to recommending the termination, continuation, or
reestablishment of any board or any of the state board's functions,
the Joint Committee on Boards, Commissions, and Consumer or
Business Protection shall hold public hearings to receive
testimony from the board involved and the public. In that hearing,
each board shall have the burden of demonstrating a compelling public
need for the continued existence of the board.
SEC. 15. Section 474.2 of the Business and Professions Code is
amended to read:
474.2. All state boards to which this chapter applies shall
prepare an analysis and submit a report to the Joint Committee on
Boards, Commissions, and Consumer or Business Protection
not later than 22 months before that state board is scheduled to be
reviewed by the committee. The analysis and report shall include, at
a minimum, all of the following:
(a) A comprehensive statement of the state board's mission, goals,
objectives, and legal jurisdiction in protecting the health, safety,
and welfare of the public.
(b) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
(c) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.
(d) A complete cost-benefit analysis of the board's operation for
each of the four years preceding the date of the report or over a
time period specified by the committee.
SEC. 16. Section 474.3 of the Business and Professions Code is
amended to read:
474.3. (a) The Joint Committee on Boards, Commissions, and
Consumer or Business Protection shall evaluate and
determine whether a state board as defined in Section 9148.2 of the
Government Code, other than a board, subject to review pursuant to
Chapter 1 (commencing with Section 473), has demonstrated a public
need for its continued existence based on, but not limited to, the
following factors and minimum standards of performance:
(1) Whether the board is necessary to protect the public health,
safety, and welfare.
(2) Whether the basis or facts that necessitated the initial
creation of the state board have changed.
(3) If the state board is necessary, whether existing statutes and
regulations establish the most effective regulation consistent with
the public interest, considering other available regulatory
mechanisms, and whether the board rules enhance the public interest
and are within the scope of legislative intent.
(4) Whether the state board operates and enforces its
responsibilities in the public interest and whether its mission is
impeded or enhanced by existing statutes, regulations, policies,
practices, or any other circumstances, including budgetary, resource,
and personnel matters.
(5) Whether an analysis of the state board indicates that it
performs its statutory duties efficiently and effectively.
(6) Whether the composition of the state board adequately
represents the public interest and whether it encourages public
participation in its decisions rather than participation only by the
entities it regulates or advises.
(7) Whether the state board and its laws or regulations stimulate
or restrict competition, and the extent of the economic impact the
board's regulatory practices have on the state's business and
technological growth.
(8) Whether administrative and statutory changes are necessary to
improve the state board operations to enhance the public interest.
(b) The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall consider the appropriateness of
eliminating and consolidating responsibilities between state boards.
(c) Nothing in this section precludes any state board or, if
requested by the Joint Committee on Boards, Commissions, and Consumer
or Business Protection, the Legislative Analyst's Office,
from submitting other appropriate information to the Joint Committee
on Boards, Commissions, and Consumer or Business
Protection.
SEC. 17. Section 474.4 of the Business and Professions Code is
amended to read:
474.4. The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall meet to vote on final
recommendations. A final report shall be completed by the committee
and made available to the public and the Legislature. The report
shall include final recommendations of the committee and whether each
board or function shall be terminated, or continued, and whether its
functions should be revised or consolidated with those of other
state boards. If the committee deems it advisable, the report may
include proposed bills to carry out its recommendations.
SEC. 18. Chapter 3 (commencing with Section 474.5) is added to
Division 1.2 of the Business and Professions Code, to read:
CHAPTER 3. REFERRAL OF LEGISLATION AFFECTING BUSINESSES
474.5. (a) The Assembly Committee on Rules and the Senate
Committee on Rules shall refer any bill that may have a statewide
economic impact affecting business to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection for review and
approval.
(b) (1) The referral specified in subdivision (a) shall not affect
any other referral made by the rules committees to any other policy
committee or appropriations committee, if any. However, the bill
shall remain with the Joint Committee on Boards, Commissions, and
Consumer or Business Protection until approved by the joint
committee.
(2) Notwithstanding paragraph (1), any hearing conducted under
this section by the joint committee shall commence after any hearing
or hearings conducted by any policy committee or, if double-referred,
by any policy committees of the house of the Legislature for which
the bill is proceeding, and shall commence before any hearing
conducted by the appropriations committee, if any, of the house of
the Legislature for which the bill is proceeding. The hearing shall,
insofar as consistent with theis chapter, be conducted in the same
manner as the hearing of a standing committee.
(c) For purposes of this chapter, the following definitions shall
apply:
(1) "Bill" means a bill, resolution, or constitutional amendment.
(2) "Business" means any other business not defined as a small
business.
(3) "Small business" means an independently owned and operated
business that is not dominant in its field of operation, the
principal office of which is located in California, the officers of
which are domiciled in California, and which, together with
affiliates, has 100 or fewer employees, and average annual gross
receipts of ten million dollars ($10,000,000) or less over the
previous three years, or is a manufacturer, as defined in subdivision
(c) of Section 14837 of the Government Code, with 100 or fewer
employees.
474.6. For purposes of Section 474.5, "statewide economic impact"
shall be construed broadly, and the factors the Assembly Rules
Committee and the Senate Rules Committee shall consider when making a
determination of "statewide economic impact" shall include, but not
be limited to, the following:
(a) Whether the proposed bill contains language that includes a
tax or a fee, directly provides for the regulation of a specific
industry, provides for environmental mitigation or regulation, adds
burdens to the state economy, imposes additional burdens on insurers,
increases workers' compensation, disability, or health insurance
requirements, or affects housing costs or the housing market.
(b) Any other provision included in the bill that may affect the
statewide economy.
474.7. Once a bill is referred to the joint committee pursuant to
this chapter, the following shall apply:
(a) The joint committee shall prepare an economic impact analysis
on the bill prior to the joint committee hearing on that bill and
shall make a determination of fiscal effect.
(b) (1) If the bill relates to, or may affect, a small business or
small businesses, the economic impact analysis shall include, but
not be limited to, all of the following:
(A) An estimate of the number of small businesses that will be
subject to, or affected by, the bill.
(B) The estimated annual average cost of compliance by a small
business subject to, or affected by, the bill.
(C) A description of reasonable alternatives that would lessen any
adverse impact on a small business subject to the bill, including,
but not limited to:
(D) The establishment of less burdensome compliance or reporting
requirements for small businesses.
(E) The establishment of less burdensome schedules or deadlines
for compliance or reporting requirements for small businesses.
(F) The consolidation or simplification of compliance or reporting
requirements for small businesses.
(G) The use of performance standards for small businesses, instead
of design or prescriptive standards.
(2) If the bill relates to, or may affect, any other business not
defined as a small business, the economic impact analysis shall
include, but not be limited to, all of the following:
(A) An estimate of the number of businesses that will be subject
to, or affected by, the bill.
(B) The estimated annual average cost of compliance by a business
subject to, or affected by, the bill.
(C) A description of reasonable alternatives that would lessen any
adverse impact on a business subject to the bill, including, but not
limited to:
(D) The establishment of less burdensome compliance or
reporting requirements for businesses.
(E) The establishment of less burdensome schedules or deadlines
for compliance or reporting requirements for businesses.
(F) The consolidation or simplification of compliance or reporting
requirements for businesses.
(G) The use of performance standards for businesses, instead of
design or prescriptive standards.
(c) (1) The joint committee shall move a bill under paragraph (1)
of subdivision (b) that is estimated to generate a fiscal impact of
ten thousand dollars ($10,000) or more to the suspense file of the
joint committee, without prejudice, for further consideration.
(2) The joint committee shall move a bill under paragraph (2) of
subdivision (b) that is estimated to generate a fiscal impact of
fifty thousand dollars ($50,000) or more to the suspense file of the
joint committee, without prejudice, for further consideration.
(d) A bill may be amended after being placed and while on the
suspense file. Any amendments proposed or accepted by the author of a
bill that is moved to the suspense file must be submitted no later
than eight calendar days prior to the joint committee hearing at
which the suspense file will be heard. Failure to meet this deadline
will result in that bill not being considered for passage off the
suspense file.
(e) An author shall present all testimony at the time of the first
regularly scheduled hearing on a bill, even though the bill's
provisions indicate that a referral to the suspense file under this
section is in order. No testimony shall be taken during the joint
committee hearing while the suspense file is being heard.
(f) At the discretion of the chair, the joint committee may not
move any bill to the suspense file during any joint committee hearing
held within three weeks before adjournment for interim study recess
or final recess.
(g) A bill may be moved off the suspense file upon a majority vote
of the members of each house of the joint committee, subject to
quorum requirements and as otherwise provided in the joint rules.
474.8. After a bill is heard in either house of the Legislature,
and the joint committee has already approved the bill, while in the
other house of the Legislature the bill shall not be rereferred to
the joint committee, unless the bill has been amended since the date
it was first heard by the joint committee. If the bill has been
amended by either house, and it still has, or has been amended to
have, a statewide economic impact affecting business, it shall be
rereferred to the joint committee pursuant to the same procedures
specified in Section 474.5 in the house of the Legislature for which
it has been moved.
474.9. In addition to the analysis prepared under subdivisions
(a) and (b) of Section 474.7, the joint committee shall annually
prepare a report to the public on or before January 1, that provides
a compilation of the bills referred to the joint committee under this
chapter during the regular session of the Legislature or under any
extraordinary session, the economic impact analyses described in
subdivisions (a) and (b) of Section 474.7, a copy of the history and
vote counts for each bill, and a synopsis of the actions taken by the
joint committee with regard to that session or sessions.
474.95. (a) The Assembly Committee on Rules and the Senate
Committee on Rules shall incorporate these procedures into the Joint
Rules of the Senate and Assembly and the legislative calendar
regarding committee deadlines.
(b) All other Standing Rules of the Assembly, Standing Rules of
the Senate, and Joint Rules of the Assembly and Senate shall apply to
the joint committee in exercising its authority under this chapter.
SEC. 19. Section 1620.1 of the Business and Professions Code is
amended to read:
1620.1. The Department of Consumer Affairs, in conjunction with
the board and the Joint Committee on Boards, Commissions, and
Consumer or Business Protection, shall review the scope of
practice for dental auxiliaries. The department shall employ the
services of an independent consultant to perform this comprehensive
analysis. The department shall be authorized to enter into an
interagency agreement or be exempted from obtaining sole source
approval for a sole source contract. The board shall pay for all of
the costs associated with this comprehensive analysis. The department
shall report its findings and recommendations to the Legislature by
September 1, 2002.
SEC. 20. Section 1632.5 of the Business and Professions Code is
amended to read:
1632.5. (a) Prior to implementation of paragraph (2) of
subdivision (c) of Section 1632, the department's Office of
Professional Examination Services shall review the Western Regional
Examining Board examination to ensure compliance with the
requirements of Section 139 and to certify that the examination
process meets those standards. If the department determines that the
examination process fails to meet those standards, paragraph (2) of
subdivision (c) of Section 1632 shall not be implemented. The review
of the Western Regional Examining Board examination shall be
conducted during or after the Dental Board of California's
occupational analysis scheduled for the 2004-05 fiscal year, but not
later than September 30, 2005. However, an applicant who successfully
completes the Western Regional Examining Board examination on or
after January 1, 2005, shall be deemed to have met the requirements
of subdivision (c) of Section 1632 if the department certifies that
the Western Regional Examining Board examination meets the standards
set forth in this subdivision.
(b) The Western Regional Examining Board examination process shall
be regularly reviewed by the department pursuant to Section 139.
(c) The Western Regional Examining Board examination shall meet
the mandates of subdivision (a) of Section 12944 of the Government
Code.
(d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer or Business Protection,
the Dental Board of California shall report to that committee and
the department on the pass rates of applicants who sat for the
Western Regional Examining Board examination, compared with the pass
rates of applicants who sat for the state clinical and written
examination administered by the Dental Board of California. This
report shall be a component of the evaluation of the examination
process that is based on psychometrically sound principles for
establishing minimum qualifications and levels of competency.
SEC. 21. Section 1634.2 of the Business and Professions Code is
amended to read:
1634.2. (a) An advanced education program's compliance with
subdivision (c) of Section 1634.1 shall be regularly reviewed by the
department pursuant to Section 139.
(b) An advanced education program described in subdivision (c) of
Section 1634.1 shall meet the requirements of subdivision (a) of
Section 12944 of the Government Code.
(c) The clinical residency program completion certification
required by subdivision (c) of Section 1634.1 shall include a list of
core competencies commensurate to those found in the board's
examinations. The board, together with the department's Office of
Professional Examination Services, shall ensure the alignment of the
competencies stated in the clinical residency program completion
certification with the board's current occupational analysis. The
board shall implement use of the clinical residency program
completion certification form and use of the core competency list
through the adoption of emergency regulations by January 1, 2008.
(d) As part of its next scheduled review after January 1, 2007, by
the Joint Committee on Boards, Commissions , and Consumer
or Business Protection, the board shall report to that
committee and to the department the number of complaints received for
those dentists who have obtained licensure by passing the state
clinical examination and for those dentists who have obtained
licensure through an advanced education program. The report shall
also contain tracking information on these complaints and their
disposition. This report shall be a component of the evaluation of
the examination process that is based on psychometrically sound
principles for establishing minimum qualifications and levels of
competency.
SEC. 22. Section 1638.1 of the Business and Professions Code is
amended to read:
1638.1. (a) (1) A person licensed pursuant to Section 1634 who
wishes to perform elective facial cosmetic surgery shall first apply
for and receive a permit to perform elective facial cosmetic surgery
from the board.
(2) A permit issued pursuant to this section shall be valid for a
period of two years and must be renewed by the permitholder at the
time his or her license is renewed. Every six years, prior to renewal
of the permitholder's license and permit, the permitholder shall
submit evidence acceptable to the credentialing committee that he or
she has maintained continued competence to perform the procedures
authorized by the permit. The credentialing committee may limit a
permit consistent with paragraph (1) of subdivision (e) if it is not
satisfied that the permitholder has established continued competence.
(b) The board may adopt regulations for the issuance of the permit
that it deems necessary to protect the health, safety, and welfare
of the public.
(c) A licensee may obtain a permit to perform elective facial
cosmetic surgery by furnishing all of the following information on an
application form approved by the board:
(1) Proof of successful completion of an oral and maxillofacial
surgery residency program accredited by the Commission on Dental
Accreditation of the American Dental Association.
(2) Proof that the applicant has satisfied the criteria specified
in either subparagraph (A) or (B):
(A) (i) Is certified, or is a candidate for certification, by the
American Board of Oral and Maxillofacial Surgery.
(ii) Submits to the board a letter from the program director of
the accredited residency program, or from the director of a
postresidency fellowship program accredited by the Commission on
Dental Accreditation of the American Dental Association, stating that
the licensee has the education, training, and competence necessary
to perform the surgical procedures that the licensee has notified the
board he or she intends to perform.
(iii) Submits documentation to the board of at least 10 operative
reports from residency training or proctored procedures that are
representative of procedures that the licensee intends to perform
from both of the following categories:
(I) Cosmetic contouring of the osteocartilaginous facial
structure, which may include, but is not limited to, rhinoplasty and
otoplasty.
(II) Cosmetic soft tissue contouring or rejuvenation, which may
include, but is not limited to, facelift, blepharoplasty, facial skin
resurfacing, or lip augmentation.
(iv) Submits documentation to the board showing the surgical
privileges the applicant possesses at any licensed general acute care
hospital and any licensed outpatient surgical facility in this
state.
(B) (i) Has been granted privileges by the medical staff at a
licensed general acute care hospital to perform the surgical
procedures set forth in paragraph (A) at that hospital.
(ii) Submits to the board the documentation described in clause
(iii) of subparagraph (A).
(3) Proof that the applicant is on active status on the staff of a
general acute care hospital and maintains the necessary privileges
based on the bylaws of the hospital to maintain that status.
(d) The application shall be accompanied by an application fee of
five hundred dollars ($500) for an initial permit. The fee to renew a
permit shall be two hundred dollars ($200).
(e) (1) The board shall appoint a credentialing committee to
review the qualifications of each applicant for a permit. Upon
completion of the review of an applicant, the committee shall make a
recommendation to the board on whether to issue or not issue a permit
to the applicant. The permit may be unqualified, entitling the
permitholder to perform any facial cosmetic surgical procedure
authorized by this section, or it may contain limitations if the
credentialing committee is not satisfied that the applicant has the
training or competence to perform certain classes of procedures, or
if the applicant has not requested to be permitted for all procedures
authorized by this section.
(2) The credentialing committee shall be comprised of five
members, as follows:
(A) A physician and surgeon with a specialty in plastic and
reconstructive surgery who maintains active status on the staff of a
licensed general acute care hospital in this state.
(B) A physician and surgeon with a specialty in otolaryngology who
maintains active status on the staff of a licensed general acute
care hospital in this state.
(C) Three oral and maxillofacial surgeons licensed by the board
who are board certified by the American Board of Oral and
Maxillofacial Surgeons, and who maintain active status on the staff
of a licensed general acute care hospital in this state, at least one
of whom shall be licensed as a physician and surgeon in this state.
Two years after the effective date of this section, any oral and
maxillofacial surgeon appointed to the committee who is not licensed
as a physician and surgeon shall hold a permit pursuant to this
section.
(3) The board shall solicit from the following organizations input
and recommendations regarding members to be appointed to the
credentialing committee:
(A) The Medical Board of California.
(B) The California Dental Association.
(C) The California Association of Oral and Maxillofacial Surgeons.
(D) The California Medical Association.
(E) The California Society of Plastic Surgeons.
(F) Any other source that the board deems appropriate.
(4) The credentialing committee shall meet at a time and place
directed by the board to evaluate applicants for permits. A quorum of
three members shall be required for the committee to consider
applicants and make recommendations to the board.
(f) A licensee may not perform any elective, facial cosmetic
surgical procedure except at a general acute care hospital, a
licensed outpatient surgical facility, or an outpatient surgical
facility accredited by the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO), the American Association for
Ambulatory Health Care (AAAHC), the Medicare program, or an
accreditation agency approved by the Medical Board of California
pursuant to subdivision (g) of Section 1248.1 of the Health and
Safety Code.
(g) For purposes of this section, the following terms shall have
the following meanings:
(1) "Elective cosmetic surgery" means any procedure defined as
cosmetic surgery in subdivision (d) of Section 1367.63 of the Health
and Safety Code, and excludes any procedure that constitutes
reconstructive surgery, as defined in subdivision (c) of Section
1367.63 of the Health and Safety Code.
(2) "Facial" means those regions of the human body described in
Section 1625 and in any regulations adopted pursuant to that section
by the board.
(h) A holder of a permit issued pursuant to this section shall not
perform elective facial cosmetic surgical procedures unless he or
she has malpractice insurance or other financial security protection
that would satisfy the requirements of Section 2216.2 and any
regulations adopted thereunder.
(i) A holder of a permit shall comply with the requirements of
subparagraph (D) of paragraph (2) of subdivision (a) of Section
1248.15 of the Health and Safety Code, and the reporting requirements
specified in Section 2240, with respect to any surgical procedure
authorized by this section, in the same manner as a physician and
surgeon.
(j) Any violation of this section constitutes unprofessional
conduct and is grounds for the revocation or suspension of the person'
s permit, license, or both, or the person may be reprimanded or
placed on probation. Proceedings initiated by the board under this
section shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all the powers granted
therein.
(k) On or before January 1, 2009, and every four years thereafter,
the board shall report to the Joint Committee on Boards, Commissions
and Consumer or Business Protection on all of the
following:
(1) The number of persons licensed pursuant to Section 1634 who
apply to receive a permit to perform elective facial cosmetic surgery
from the board pursuant to subdivision (a).
(2) The recommendations of the credentialing committee to the
board.
(3) The board's action on recommendations received by the
credentialing committee.
(4) The number of persons receiving a permit from the board to
perform elective facial cosmetic surgery.
(5) The number of complaints filed by or on behalf of patients who
have received elective facial cosmetic surgery by persons who have
received a permit from the board to perform elective facial cosmetic
surgery.
(6) Action taken by the board resulting from complaints filed by
or on behalf of patients who have received elective facial cosmetic
surgery by persons who have received a permit from the board to
perform elective facial cosmetic surgery.
SEC. 23. Section 1638.7 of the Business and Professions Code is
amended to read:
1638.7. The next occupational analysis of dental licensees and
oral and maxillofacial facial surgeons pursuant to Section 139 shall
include a survey of the training and practices of oral and
maxillofacial surgeons and, upon completion of that analysis, a
report shall be made to the Joint Committee on Boards, Commissions,
and Consumer or Business Protection regarding the
findings.
SEC. 24. Section 4001.5 of the Business and Professions Code is
amended to read:
4001.5. The Joint Committee on Boards, Commissions, and Consumer
or Business Protection shall review the state's shortage
of pharmacists and make recommendations on a course of action to
alleviate the shortage, including, but not limited to, a review of
the current California pharmacist licensure examination.
SEC. 25. Section 4200.1 of the Business and Professions Code is
amended to read:
4200.1. (a) Notwithstanding Section 135, an applicant may take
the North American Pharmacist Licensure Examination four times, and
may take the California Practice Standards and Jurisprudence
Examination for Pharmacists four times.
(b) Notwithstanding Section 135, an applicant may take the North
American Pharmacist Licensure Examination and the California Practice
Standards and Jurisprudence Examination for Pharmacists four
additional times each if he or she successfully completes, at
minimum, 16 additional semester units of education in pharmacy as
approved by the board.
(c) The applicant shall comply with the requirements of Section
4200 for each application for reexamination made pursuant to
subdivision (b).
(d) An applicant may use the same coursework to satisfy the
additional educational requirement for each examination under
subdivision (b), if the coursework was completed within 12 months of
the date of his or her application for reexamination.
(e) For purposes of this section, the board shall treat each
failing score on the pharmacist licensure examination administered by
the board prior to January 1, 2004, as a failing score on both the
North American Pharmacist Licensure Examination and the California
Practice Standards and Jurisprudence Examination for Pharmacists.
(f) From January 1, 2004, to July 1, 2008, inclusive, the board
shall collect data on the applicants who are admitted to, and take,
the licensure examinations required by Section 4200. The board shall
report to the Joint Committee on Boards, Commissions, and Consumer
or Business Protection before September 1, 2008, regarding
the impact on those applicants of the examination limitations
imposed by this section. The report shall include, but not be limited
to, the following information:
(1) The number of applicants taking the examination and the number
who fail the examination for the fourth time.
(2) The number of applicants who, after failing the examination
for the fourth time, complete a pharmacy studies program in
California or another state to satisfy the requirements of this
section and who apply to take the licensure examination required by
Section 4200.
(3) To the extent possible, the school from which the applicant
graduated and the school's location and the pass/fail rates on the
examination for each school.
(g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 26. Section 4200.3 of the Business and Professions Code is
amended to read:
4200.3. (a) The examination process shall be regularly reviewed
pursuant to Section 139.
(b) The examination process shall meet the standards and
guidelines set forth in the Standards for Educational and
Psychological Testing and the Federal Uniform Guidelines for Employee
Selection Procedures. The board shall work with the Office of
Professional Examination Services of the department or with an
equivalent organization who shall certify at minimum once every five
years that the examination process meets these national testing
standards. If the department determines that the examination process
fails to meet these standards, the board shall terminate its use of
the North American Pharmacy Licensure Examination and shall use only
the written and practical examination developed by the board.
(c) The examination shall meet the mandates of subdivision (a) of
Section 12944 of the Government Code.
(d) The board shall work with the Office of Professional
Examination Services or with an equivalent organization to develop
the state jurisprudence examination to ensure that applicants for
licensure are evaluated on their knowledge of applicable state laws
and regulations.
(e) The board shall annually publish the pass and fail rates for
the pharmacist's licensure examination administered pursuant to
Section 4200, including a comparison of historical pass and fail
rates before utilization of the North American Pharmacist Licensure
Examination.
(f) The board shall report to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection and the
department as part of its next scheduled review, the pass rates of
applicants who sat for the national examination compared with the
pass rates of applicants who sat for the prior state examination.
This report shall be a component of the evaluation of the examination
process that is based on psychometrically sound principles for
establishing minimum qualifications and levels of competency.
SEC. 27. Section 4934.2 of the Business and Professions Code is
amended to read:
4934.2. The board shall conduct the following studies and
reviews, and shall report its findings and recommendations to the
department and the Joint Committee on Boards, Commissions, and
Consumer or Business Protection no later that
than September 1, 2004:
(a) The board shall conduct a comprehensive study of the use of
unlicensed acupuncture assistants and the need to license and
regulate those assistants.
(b) The board shall study and recommend ways to improve the
frequency and consistency of their auditing and the quality and
relevance of their courses.
SEC. 28. Section 5000 of the Business and Professions Code is
amended to read:
5000. There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, seven
of whom shall be licensees, and eight 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.
The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate Rules
Committee and the Speaker of the Assembly shall each appoint two
public members. In appointing the seven licensee members, the
Governor shall appoint members representing a cross section of the
accounting profession with at least two members representing a small
public accounting firm. For the purposes of this chapter, a small
public accounting firm shall be defined as a professional firm that
employs a total of no more than four licensees as partners, owners,
or full-time employees in the practice of public accountancy within
the State of California.
This section shall become inoperative on July 1, 2011, and as of
January 1, 2012, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2012, deletes or extends
the dates on which this section becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473). However, the
review of the board shall be limited to reports or studies specified
in this chapter and those issues identified by the Joint Committee on
Boards, Commissions, and Consumer or Business Protection
and the board regarding the implementation of new licensing
requirements.
SEC. 29. Section 5811 of the Business and Professions Code is
amended to read:
5811. An interior design organization issuing stamps under
Section 5801 shall provide to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection by
September 1, 2008, a report that reviews and assesses the costs and
benefits associated with the California Code and Regulations
Examination and explores feasible alternatives to that examination.
SEC. 30. Section 6704.1 of the Business and Professions Code is
amended to read:
6704.1. (a) The Department of Consumer Affairs, in conjunction
with the board, and the Joint Committee on Boards, Commissions, and
Consumer or Business Protection shall review the
engineering branch titles specified in Section 6732 to determine
whether certain title acts should be eliminated from this chapter,
retained, or converted to practice acts similar to civil, electrical,
and mechanical engineering, and whether supplemental engineering
work should be permitted for all branches of engineering. The
department shall contract with an independent consulting firm to
perform this comprehensive analysis of title act registration.
(b) The independent
consultant shall perform, but not be limited to, the following: (1)
meet with representatives of each of the engineering branches and
other professional groups; (2) examine the type of services and work
provided by engineers in all branches of engineering and interrelated
professions within the marketplace, to determine the
interrelationship that exists between the various branches of
engineers and other interrelated professions; (3) review and analyze
educational requirements of engineers; (4) identify the degree to
which supplemental or "overlapping" work between engineering branches
and interrelated professions occurs; (5) review alternative methods
of regulation of engineers in other states and what impact the
regulations would have if adopted in California; (6) identify the
manner in which local and state agencies utilize regulations and
statutes to regulate engineering work; and (7) recommend changes to
existing laws regulating engineers after considering how these
changes may affect the health, safety, and welfare of the public.
(c) The board shall reimburse the department for costs associated
with this comprehensive analysis. The department shall report its
findings and recommendations to the Legislature by September 1, 2002.
SEC. 31. 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) The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board by the department shall be limited
to only those unresolved issues identified by the Joint Committee on
Boards, Commissions, and Consumer or Business Protection.
(c) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 32. Section 7303.2 of the Business and Professions Code is
amended to read:
7303.2. The board shall conduct the following studies and
reviews, and shall report its findings and recommendations to the
department and the Joint Committee on Boards, Commissions, and
Consumer or Business Protection no later than September 1,
2005:
(a) The board, pursuant to Section 139 and in conjunction with the
Office of Professional Examination Services of the department, shall
review the 1600 hour training requirement for cosmetologists.
(b) The board, in conjunction with the Office of Professional
Examination Services of the department, shall evaluate the
equivalency of the national exam.
(c) The board shall conduct a study to assess the costs and
benefits associated with requiring all applicants to submit
fingerprint cards for background investigations.
(d) The board, in coordination with the Department of Industrial
Relations, shall review all components of the apprenticeship program,
including, but not limited to, the following:
(1) Apprenticeship curriculum requirements.
(2) The standards for the preapprentice trainers, program
sponsors, trainers, and placement establishments. The board shall pay
particular attention to ways to eliminate duplicative regulations.
(e) The board shall review all components of the externship
program. In addition to structural changes, the board shall address
the following:
(1) Whether the program should be eliminated.
(2) Whether the program should be available to all students, not
just cosmetology students attending private schools.
(3) Whether the students should be paid.
(f) The board shall assess the costs and benefits associated with
same day licensing. If the board determines that the benefits of same
day licensing outweigh the costs, the board shall immediately plan
and implement safety measures to protect site staff and undispersed
licenses.
(g) The board, in conjunction with the Office of Professional
Examination Services of the department, shall assess the validity of
aggregate scoring for board applicants.
SEC. 33. Section 9882 of the Business and Professions Code is
amended to read:
9882. (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director. The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9. These rules and regulations shall be
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) In 2003 and every four years thereafter, the Joint Committee
on Boards, Commissions, and Consumer or Business
Protection shall hold a public hearing to receive testimony from the
Director of Consumer Affairs and the bureau. In those hearings, the
bureau shall have the burden of demonstrating a compelling public
need for the continued existence of the bureau and its regulatory
program, and that its function is the least restrictive regulation
consistent with the public health, safety, and welfare. The committee
shall evaluate and review the effectiveness and efficiency of the
bureau based on factors and minimum standards of performance that are
specified in Section 473.4. The committee shall report its findings
and recommendations as specified in Section 473.5. The bureau shall
prepare an analysis and submit a report to the committee as specified
in Section 473.2.
SEC. 34. Section 18824 of the Business and Professions Code is
amended to read:
18824. (a) Except as provided in Sections 18646 and 18832, every
person who conducts a contest or wrestling exhibition shall, within
five working days after the determination of every contest or
wrestling exhibition for which admission is charged and received,
furnish to the commission the following:
(1) A written report executed under penalty of perjury by one of
the officers, showing the amount of the gross receipts, not to exceed
two million dollars ($2,000,000), and the gross price for the
contest or wrestling exhibition charged directly or indirectly and no
matter by whom received, for the sale, lease, or other exploitation
of broadcasting and television rights of the contest or wrestling
exhibition, and without any deductions, except for expenses incurred
for one broadcast announcer, telephone line connection, and
transmission mobile equipment facility, which may be deducted from
the gross taxable base when those expenses are approved by the
commission.
(2) A fee of 5 percent, exclusive of any federal taxes paid
thereon, of the amount paid for admission to the contest or wrestling
exhibition, except that for any one contest, the fee shall not
exceed the amount of one hundred thousand dollars ($100,000). The
commission shall report to the Joint Committee on Boards,
Commissions, and Consumer or Business Protection on the
fiscal impact of the one hundred thousand dollar ($100,000) limit on
fees collected by the commission for admissions revenues.
(A) The amount of the gross receipts upon which the fee provided
for in paragraph (2) is calculated shall not include any assessments
levied by the commission under Section 18711.
(B) (i) If the fee for any one boxing contest exceeds seventy
thousand dollars ($70,000), the amount in excess of seventy thousand
dollars ($70,000) shall be paid one-half to the commission and
one-half to the Boxers' Pension Fund.
(ii) If the report required by subdivision (b) of Section 18618
recommends that the Boxers' Pension Fund shall be expanded to include
all athletes licensed under this chapter, the commission, by
regulation, shall require, for all contests where the fee exceeds
seventy thousand dollars ($70,000), the amount in excess of seventy
thousand dollars ($70,000) shall be paid one-half to the commission
and one-half to the Boxers' Pension Fund only if all athletes
licensed under this chapter are made eligible for the Boxers' Pension
Fund.
(C) The fee shall apply to the amount actually paid for admission
and not to the regular established price.
(D) No fee is due in the case of a person admitted free of charge.
However, if the total number of persons admitted free of charge to a
boxing, kickboxing, or martial arts contest, or wrestling exhibition
exceeds 33 percent of the total number of spectators, then a fee of
one dollar ($1) per complimentary ticket or pass used to gain
admission to the contest shall be paid to the commission for each
complimentary ticket or pass that exceeds the numerical total of 33
percent of the total number of spectators.
(E) The minimum fee for an amateur contest or exhibition shall not
be less than five hundred dollars ($500).
(3) A fee of up to 5 percent, to be established by the commission
through regulations to become operative on or before July 1, 2008,
and updated periodically as needed, of the gross price, exclusive of
any federal taxes paid thereon, for the sale, lease, or other
exploitation of broadcasting or television rights thereof, except
that in no case shall the fee be less than one thousand dollars
($1,000) or more than twenty-five thousand dollars ($25,000).
(b) As used in this section, "person" includes a promoter, club,
individual, corporation, partnership, association, or other
organization, and "wrestling exhibition" means a performance of
wrestling skills and techniques by two or more individuals, to which
admission is charged or which is broadcast or televised, in which the
participating individuals are not required to use their best efforts
in order to win, and for which the winner may have been selected
before the performance commences.
SEC. 35. Section 18882 of the Business and Professions Code is
amended to read:
18882. (a) At the time of payment of the fee required by Section
18824, a promoter shall pay to the commission all amounts scheduled
for contribution to the pension plan. If the commission, in its
discretion, requires pursuant to Section 18881, that contributions to
the pension plan be made by the boxer and his or her manager, those
contributions shall be made at the time and in the manner prescribed
by the commission.
(b) All contributions to finance the pension plan shall be
deposited in the State Treasury and credited to the Boxers' Pension
Fund, which is hereby created. Notwithstanding the provisions of
Section 13340 of the Government Code, all moneys in the Boxers'
Pension Fund are hereby continuously appropriated to be used
exclusively for the purposes and administration of the pension plan.
(c) The Boxers' Pension Fund is a retirement fund, and no moneys
within it shall be deposited or transferred to the General Fund.
(d) The commission has exclusive control of all funds in the
Boxers' Pension Fund. No transfer or disbursement in any amount from
this fund shall be made except upon the authorization of the
commission and for the purpose and administration of the pension
plan.
(e) Except as otherwise provided in this subdivision, the
commission or its designee shall invest the money contained in the
Boxers' Pension Fund according to the same standard of care as
provided in Section 16040 of the Probate Code. The commission has
exclusive control over the investment of all moneys in the Boxers'
Pension Fund. Except as otherwise prohibited or restricted by law,
the commission may invest the moneys in the fund through the
purchase, holding, or sale of any investment, financial instrument,
or financial transaction that the commission in its informed opinion
determines is prudent.
(f) The administrative costs associated with investing, managing,
and distributing the Boxers' Pension Fund shall be limited to no more
than 20 percent of the average annual contribution made to the fund
in the previous two years, not including any investment income
derived from the corpus of the fund. Diligence shall be exercised by
administrators in order to lower the fund's expense ratio as far
below 20 percent as feasible and appropriate. The commission shall
report to the Joint Committee on Boards, Commissions, and Consumer
or Business Protection on the impact of this provision
during the next regularly scheduled sunset review after January 1,
2007.
SEC. 36. Section 9148.52 of the Government Code is amended to
read:
9148.52. (a) The Joint Committee on Boards, Commissions, and
Consumer or Business Protection established pursuant to
Section 473 of the Business and Professions Code shall review all
state boards, as defined in Section 9148.2, other than a board
subject to review pursuant to Chapter 1 (commencing with Section 473)
of Division 1.2 of the Business and Professions Code, every four
years.
(b) The committee shall evaluate and make determinations pursuant
to Chapter 2 (commencing with Section 474) of Division 1.2 of the
Business and Professions Code.
SEC. 37. Section 9148.8 of the Government Code is amended to read:
9148.8. (a) The Joint Committee on Boards, Commissions, and
Consumer or Business Protection, acting pursuant to a
request from the chairperson of the appropriate policy committee,
shall evaluate a plan prepared pursuant to Section 9148.4 or 9148.6.
(b) Evaluations prepared by the Joint Committee on Boards,
Commissions, and Consumer or Business Protection pursuant
to this section shall be provided to the respective policy and fiscal
committees of the Legislature pursuant to rules adopted by each
committee for this purpose.
