California 2009-2010 Regular Session Status: To Executive

SB 1491 — Professions and vocations.

Last action — Chaptered by Secretary of State. Chapter 415, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law provides for the licensure and regulation of accountants by the California Board of Accountancy. Existing law authorizes the board to appoint an administrative committee to provide advice and assistance relative to investigations of licensee misconduct. Existing law also authorizes the board to create and appoint other advisory committees consisting of public accountants or certified public accountants who need not be members of the board for the purpose of making recommendations to the board. This bill would designate the administrative committee as the enforcement advisory committee. The bill would require these other advisory committees to consist solely of board members or to consist of board members and other persons who are not board members. (2) Existing law provides for the licensure and regulation of professional engineers and professional land surveyors by the Board for Professional Engineers and Land Surveyors. Existing law authorizes the board to make arrangements with a public or private organization to conduct licensure examinations and to authorize the organization to receive examination fees directly from applicants. This bill would provide that the fee to take an examination administered by a public or private organization may not be greater than actual cost of examination development and administration. Existing law authorizes an applicant for certification as an engineer-in-training to sit for the first division of the licensing examination after he or she completes 3 or more years of college or university education in board-approved engineering curriculum or 3 or more years of board-approved experience. This bill would allow an applicant for certification as an engineer-in-training to sit for the first division of the examination upon completion of 3 years of engineering experience, postsecondary engineering education, or a combination of education and experience. The bill would make other conforming changes. (3) Existing law provides for the licensure and regulation of contractors by the Contractors' State License Board. Existing law, based upon complaint or otherwise, authorizes the Registrar of Contractors to issue citations for violations of the licensure requirement within 4 years after the act or omission that is the basis for the citation. This bill would require a citation to be issued within 4 years after the act or omission that is the basis for the citation or within 18 months after filing the complaint with the registrar, whichever is later. Existing law prohibits a contractor from engaging in asbestos-related work, as specified, without passing an asbestos certification examination. Existing law requires the board to develop, and deliver to all applicants with the request for bond and fee, a booklet relating to the handling and disposal of asbestos, that includes an open book examination concerning asbestos-related work. Existing law requires all applicants for an initial contractor's license and specified applicants filing a delinquent renewal application to complete and sign the open book examination and to submit it to the board with the required renewal or bond and fee. This bill would instead require the board to make that booklet available to all applicants, either on the board's Internet Web site or upon request in hard copy. The bill would require only applicants for initial licensure to complete the examination and to submit it to the board, as specified. Under existing law, a willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action. This bill would specify that a willful or deliberate disregard of the Subletting and Subcontracting Fair Practices Act also constitutes a cause for disciplinary action. (4) Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind that, among others things, licenses and regulates schools and instructors for the training of guide dogs for the blind and the instruction of blind persons in the use of guide dogs. Under existing law, the board may authorize board-licensed schools or instructors employed by those schools to provide home training, as specified, in the use of guide dogs. Existing law requires schools desiring to provide home training to apply to the board and provide the board with specified information for conducting that home training subject to board approval. Existing law requires these schools to annually provide the board specified information about those persons receiving home training. Existing law also requires, except in cases of undue hardship, the guide dog user to complete a formal in-residence training program from a licensed or recognized school as a condition of receiving home training. This bill would eliminate that approval process and other requirements, including the formal in-residence training program for guide dog users, and would instead authorize schools and instructors licensed by the board to provide home training in the use of guide dogs. The bill would also require instructors to file annual reports with the board regarding persons receiving home training. (5) Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology by the State Board of Barbering and Cosmetology. Under existing law, nail care is a specialty branch within the practice of cosmetology and is the practice of, among other things, cutting, trimming, manicuring nails or massaging, cleansing, or beautifying the hands or feet of any person. Existing law permits metal instruments to be used for the cutting, trimming, manicuring, or pedicuring of nails or cuticles. This bill would specify that nail care is also the practice of pedicuring nails or massaging, cleansing, or beautifying from the elbow to the fingertips or the knee to the toes of any person. The bill would also permit metal instruments to be used for the smoothing and massaging of the hands and feet. Existing law makes it unlawful for any person to engage in barbering or cosmetology for compensation or to operate an establishment where barbering or cosmetology is practiced without a license and specifies that a violation of this requirement is a misdemeanor. This bill would instead provide that a violation of that requirement is subject to an administrative fine and may be subject to a misdemeanor. Existing law requires barbering and cosmetology establishments to provide specified handwashing facilities, including running water, soap, and approved sanitary towels. This bill would instead require these establishments to provide running water, soap, and towels or air hand dryers. Existing law authorizes the board to issue a notice of violation or a citation with an administrative fine to persons violating the act. Existing law authorizes these persons to appeal the citation and requires them or their appointed representative to appear in person before the disciplinary review committee. This bill would eliminate that appearance requirement and instead authorize these persons or their appointed representative to appear in person before the disciplinary review committee. (6) Existing law, the Cemetery Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties, including, but not limited to, the registering and regulating of cremated remains disposers. Existing law authorizes cremated remains to be removed in a durable container from the place of cremation or interment and kept in the dwelling owned or occupied by the person having the right to control disposition of the remains, or kept in a church or religious shrine if certain requirements are met, if the removal is under the authority of a permit for disposition of human remains. Under existing law, these disposition permits are required to include a description of the final place of disposition sufficient to identify the place and are issued by the local registrar. Existing law requires a crematory to maintain a specified identification system and requires that after cremation an identifying disk, tab, or other permanent label be placed within the urn or cremated remains container before the cremated remains are released from the crematory. This bill would authorize cremated remains to be kept in or on the real property owned or occupied by any person, with the permission of the person with the right to disposition of remains. The bill would also authorize a specified amount of cremated remains to be placed in a keepsake urn, as defined, and kept as authorized by the person or persons with the right to control disposition, provided that a disposition permit is issued by the local registrar for each keepsake urn and a specified permit fee is paid, and would exempt remains in the keepsake urn from specified identification system requirements. For all other urns, the bill would require the identifying disk, tab, or other permanent label to contain, among other things, the license number of the crematory. By establishing new duties on the local registrar, the bill would impose a state-mandated local program. Existing law prohibits a crematory from conducting any business unless there is in the same fireproof building or structure or in a separate fireproof building within the same cemetery a specified columbarium, burial park, or mausoleum. This bill would delete that prohibition. (7) The bill would delete various obsolete provisions and make other clarifying and conforming changes. (8) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 415, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 3 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4905.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 75. Noes 0. Page 6538.) To Senate.

  7. Assembly Rule 69(d) suspended. (Page 6463.)

  8. Read third time. Amended. (Page 6428.) To third reading.

  9. From Consent Calendar to third reading.

  10. Read second time. To Consent Calendar.

  11. (Heard in committee on August 4.)

  12. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  13. (Heard in committee on June 29.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) Re-referred to Com. on APPR.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.

  16. To Com. on B.,P. & C.P.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 30. Noes 0. Page 3483.) To Assembly.

  19. To Special Consent Calendar.

  20. Read second time. To third reading.

  21. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  22. Set for hearing May 3.

  23. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 3294.) Re-referred to Com. on APPR.

  24. Set for hearing April 19.

  25. To Com. on B., P. & E.D.

  26. From print. May be acted upon on or after April 11.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Professions and Economic Development Committee on Business · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Business, Professions and Economic Development

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1491 Committee on B.P.&E.D. (Negrete M

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Ducheny — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Dutton — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Kehoe — Yea
Simitian — Yea
Wright — Yea
Cedillo — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1491 B. P.& E.D. Senate Third Reading By MA

Passed 87 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 3000
Republican 3000
Total 87003
% of votes cast 97%0%0%3%
How each member voted (90)
Member Party Vote
Hall — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Ammiano — Yea
Beall — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Not Voting
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Gatto — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Conway — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Charles — Yea
Gatto — Yea
De — Yea
Leon — Yea
Hall — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Norby — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #23 SB1491 Committee on B.P.&E.D. (Negrete M

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 0001
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Not Voting
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
McLeod — Yea
Correa — Yea
Ducheny — Yea
Oropeza — Not Voting
Alquist — Yea
Ashburn — Yea
Dutton — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Not Voting
Liu — Not Voting
Romero — Yea
Walters — Yea
Wiggins — Not Voting
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 1491 do?
(1) Existing law provides for the licensure and regulation of accountants by the California Board of Accountancy. Existing law authorizes the board to appoint an administrative committee to provide advice and assistance relative to investigations of licensee misconduct. Existing law also authorizes the board to create and appoint other advisory committees consisting of public accountants or certified public accountants who need not be members of the board for the purpose of making recommendations to the board. This bill would designate the administrative committee as the enforcement advisory committee. The bill would require these other advisory committees to consist solely of board members or to consist of board members and other persons who are not board members. (2) Existing law provides for the licensure and regulation of professional engineers and professional land surveyors by the Board for Professional Engineers and Land Surveyors. Existing law authorizes the board to make arrangements with a public or private organization to conduct licensure examinations and to authorize the organization to receive examination fees directly from applicants. This bill would provide that the fee to take an examination administered by a public or private organization may not be greater than actual cost of examination development and administration. Existing law authorizes an applicant for certification as an engineer-in-training to sit for the first division of the licensing examination after he or she completes 3 or more years of college or university education in board-approved engineering curriculum or 3 or more years of board-approved experience. This bill would allow an applicant for certification as an engineer-in-training to sit for the first division of the examination upon completion of 3 years of engineering experience, postsecondary engineering education, or a combination of education and experience. The bill would make other conforming changes. (3) Existing law provides for the licensure and regulation of contractors by the Contractors' State License Board. Existing law, based upon complaint or otherwise, authorizes the Registrar of Contractors to issue citations for violations of the licensure requirement within 4 years after the act or omission that is the basis for the citation. This bill would require a citation to be issued within 4 years after the act or omission that is the basis for the citation or within 18 months after filing the complaint with the registrar, whichever is later. Existing law prohibits a contractor from engaging in asbestos-related work, as specified, without passing an asbestos certification examination. Existing law requires the board to develop, and deliver to all applicants with the request for bond and fee, a booklet relating to the handling and disposal of asbestos, that includes an open book examination concerning asbestos-related work. Existing law requires all applicants for an initial contractor's license and specified applicants filing a delinquent renewal application to complete and sign the open book examination and to submit it to the board with the required renewal or bond and fee. This bill would instead require the board to make that booklet available to all applicants, either on the board's Internet Web site or upon request in hard copy. The bill would require only applicants for initial licensure to complete the examination and to submit it to the board, as specified. Under existing law, a willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action. This bill would specify that a willful or deliberate disregard of the Subletting and Subcontracting Fair Practices Act also constitutes a cause for disciplinary action. (4) Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind that, among others things, licenses and regulates schools and instructors for the training of guide dogs for the blind and the instruction of blind persons in the use of guide dogs. Under existing law, the board may authorize board-licensed schools or instructors employed by those schools to provide home training, as specified, in the use of guide dogs. Existing law requires schools desiring to provide home training to apply to the board and provide the board with specified information for conducting that home training subject to board approval. Existing law requires these schools to annually provide the board specified information about those persons receiving home training. Existing law also requires, except in cases of undue hardship, the guide dog user to complete a formal in-residence training program from a licensed or recognized school as a condition of receiving home training. This bill would eliminate that approval process and other requirements, including the formal in-residence training program for guide dog users, and would instead authorize schools and instructors licensed by the board to provide home training in the use of guide dogs. The bill would also require instructors to file annual reports with the board regarding persons receiving home training. (5) Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology by the State Board of Barbering and Cosmetology. Under existing law, nail care is a specialty branch within the practice of cosmetology and is the practice of, among other things, cutting, trimming, manicuring nails or massaging, cleansing, or beautifying the hands or feet of any person. Existing law permits metal instruments to be used for the cutting, trimming, manicuring, or pedicuring of nails or cuticles. This bill would specify that nail care is also the practice of pedicuring nails or massaging, cleansing, or beautifying from the elbow to the fingertips or the knee to the toes of any person. The bill would also permit metal instruments to be used for the smoothing and massaging of the hands and feet. Existing law makes it unlawful for any person to engage in barbering or cosmetology for compensation or to operate an establishment where barbering or cosmetology is practiced without a license and specifies that a violation of this requirement is a misdemeanor. This bill would instead provide that a violation of that requirement is subject to an administrative fine and may be subject to a misdemeanor. Existing law requires barbering and cosmetology establishments to provide specified handwashing facilities, including running water, soap, and approved sanitary towels. This bill would instead require these establishments to provide running water, soap, and towels or air hand dryers. Existing law authorizes the board to issue a notice of violation or a citation with an administrative fine to persons violating the act. Existing law authorizes these persons to appeal the citation and requires them or their appointed representative to appear in person before the disciplinary review committee. This bill would eliminate that appearance requirement and instead authorize these persons or their appointed representative to appear in person before the disciplinary review committee. (6) Existing law, the Cemetery Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties, including, but not limited to, the registering and regulating of cremated remains disposers. Existing law authorizes cremated remains to be removed in a durable container from the place of cremation or interment and kept in the dwelling owned or occupied by the person having the right to control disposition of the remains, or kept in a church or religious shrine if certain requirements are met, if the removal is under the authority of a permit for disposition of human remains. Under existing law, these disposition permits are required to include a description of the final place of disposition sufficient to identify the place and are issued by the local registrar. Existing law requires a crematory to maintain a specified identification system and requires that after cremation an identifying disk, tab, or other permanent label be placed within the urn or cremated remains container before the cremated remains are released from the crematory. This bill would authorize cremated remains to be kept in or on the real property owned or occupied by any person, with the permission of the person with the right to disposition of remains. The bill would also authorize a specified amount of cremated remains to be placed in a keepsake urn, as defined, and kept as authorized by the person or persons with the right to control disposition, provided that a disposition permit is issued by the local registrar for each keepsake urn and a specified permit fee is paid, and would exempt remains in the keepsake urn from specified identification system requirements. For all other urns, the bill would require the identifying disk, tab, or other permanent label to contain, among other things, the license number of the crematory. By establishing new duties on the local registrar, the bill would impose a state-mandated local program. Existing law prohibits a crematory from conducting any business unless there is in the same fireproof building or structure or in a separate fireproof building within the same cemetery a specified columbarium, burial park, or mausoleum. This bill would delete that prohibition. (7) The bill would delete various obsolete provisions and make other clarifying and conforming changes. (8) 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.
Who sponsors SB 1491?
SB 1491 is sponsored by Committee on Business, Professions and Economic Development.
What is the current status of SB 1491?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1491?
Track SB 1491 free on One Click Politics — get push/email alerts when it moves.

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