senate bill no. 1491 · 8/30/2010 · persons in the use of guide dogs. under existing law, the...

Senate Bill No. 1491

Passed the Senate August 25, 2010

Secretary of the Senate

Passed the Assembly August 23, 2010

Chief Clerk of the Assembly

This bill was received by the Governor this day

of , 2010, at o’clock m.

Private Secretary of the Governor

CHAPTER

An act to amend Sections 5020, 5021, 5024, 5076, 5090, 5109,5120, 5122, 6750, 6751, 6756, 6758, 6759, 6763, 6799, 7028.6,7028.7, 7028.9, 7058.5, 7099.2, 7110, 7210.7, 7316, 7317, 7320.1,7352, 7410, 8740, 8746, 8748, and 8805 of, and to repeal Section5109.5 of, the Business and Professions Code, and to amendSections 7054.6 and 8344 of, and to repeal Section 8340 of, theHealth and Safety Code, relating to professions and vocations.

legislative counsel’s digest

SB 1491, Committee on Business, Professions and EconomicDevelopment. Professions and vocations.

(1) Existing law provides for the licensure and regulation ofaccountants by the California Board of Accountancy. Existing lawauthorizes the board to appoint an administrative committee toprovide advice and assistance relative to investigations of licenseemisconduct. Existing law also authorizes the board to create andappoint other advisory committees consisting of public accountantsor certified public accountants who need not be members of theboard for the purpose of making recommendations to the board.

This bill would designate the administrative committee as theenforcement advisory committee. The bill would require theseother advisory committees to consist solely of board members orto consist of board members and other persons who are not boardmembers.

(2) Existing law provides for the licensure and regulation ofprofessional engineers and professional land surveyors by theBoard for Professional Engineers and Land Surveyors. Existinglaw authorizes the board to make arrangements with a public orprivate organization to conduct licensure examinations and toauthorize the organization to receive examination fees directlyfrom applicants.

This bill would provide that the fee to take an examinationadministered by a public or private organization may not be greaterthan actual cost of examination development and administration.

Existing law authorizes an applicant for certification as anengineer-in-training to sit for the first division of the licensing

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examination after he or she completes 3 or more years of collegeor university education in board-approved engineering curriculumor 3 or more years of board-approved experience.

This bill would allow an applicant for certification as anengineer-in-training to sit for the first division of the examinationupon completion of 3 years of engineering experience,postsecondary engineering education, or a combination ofeducation and experience. The bill would make other conformingchanges.

(3) Existing law provides for the licensure and regulation ofcontractors by the Contractors’ State License Board. Existing law,based upon complaint or otherwise, authorizes the Registrar ofContractors to issue citations for violations of the licensurerequirement within 4 years after the act or omission that is thebasis for the citation.

This bill would require a citation to be issued within 4 yearsafter the act or omission that is the basis for the citation or within18 months after filing the complaint with the registrar, whicheveris later.

Existing law prohibits a contractor from engaging inasbestos-related work, as specified, without passing an asbestoscertification examination. Existing law requires the board todevelop, and deliver to all applicants with the request for bond andfee, a booklet relating to the handling and disposal of asbestos,that includes an open book examination concerning asbestos-relatedwork. Existing law requires all applicants for an initial contractor’slicense and specified applicants filing a delinquent renewalapplication to complete and sign the open book examination andto submit it to the board with the required renewal or bond andfee.

This bill would instead require the board to make that bookletavailable to all applicants, either on the board’s Internet Web siteor upon request in hard copy. The bill would require only applicantsfor initial licensure to complete the examination and to submit itto the board, as specified.

Under existing law, a willful or deliberate disregard by a licensedcontractor of various state building, labor, and safety lawsconstitutes a cause for disciplinary action.

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This bill would specify that a willful or deliberate disregard ofthe Subletting and Subcontracting Fair Practices Act alsoconstitutes a cause for disciplinary action.

(4) Existing law establishes within the Department of ConsumerAffairs a State Board of Guide Dogs for the Blind that, amongothers things, licenses and regulates schools and instructors forthe training of guide dogs for the blind and the instruction of blindpersons in the use of guide dogs.

Under existing law, the board may authorize board-licensedschools or instructors employed by those schools to provide hometraining, as specified, in the use of guide dogs. Existing lawrequires schools desiring to provide home training to apply to theboard and provide the board with specified information forconducting that home training subject to board approval. Existinglaw requires these schools to annually provide the board specifiedinformation about those persons receiving home training. Existinglaw also requires, except in cases of undue hardship, the guide doguser to complete a formal in-residence training program from alicensed or recognized school as a condition of receiving hometraining.

This bill would eliminate that approval process and otherrequirements, including the formal in-residence training programfor guide dog users, and would instead authorize schools andinstructors licensed by the board to provide home training in theuse of guide dogs. The bill would also require instructors to fileannual reports with the board regarding persons receiving hometraining.

(5) Existing law, the Barbering and Cosmetology Act, providesfor the licensure and regulation of the practice of barbering andcosmetology by the State Board of Barbering and Cosmetology.

Under existing law, nail care is a specialty branch within thepractice of cosmetology and is the practice of, among other things,cutting, trimming, manicuring nails or massaging, cleansing, orbeautifying the hands or feet of any person. Existing law permitsmetal 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 ofpedicuring nails or massaging, cleansing, or beautifying from theelbow to the fingertips or the knee to the toes of any person. The

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bill would also permit metal instruments to be used for thesmoothing and massaging of the hands and feet.

Existing law makes it unlawful for any person to engage inbarbering or cosmetology for compensation or to operate anestablishment where barbering or cosmetology is practiced withouta license and specifies that a violation of this requirement is amisdemeanor.

This bill would instead provide that a violation of thatrequirement is subject to an administrative fine and may be subjectto a misdemeanor.

Existing law requires barbering and cosmetology establishmentsto provide specified handwashing facilities, including runningwater, soap, and approved sanitary towels.

This bill would instead require these establishments to providerunning water, soap, and towels or air hand dryers.

Existing law authorizes the board to issue a notice of violationor a citation with an administrative fine to persons violating theact. Existing law authorizes these persons to appeal the citationand requires them or their appointed representative to appear inperson before the disciplinary review committee.

This bill would eliminate that appearance requirement andinstead authorize these persons or their appointed representativeto appear in person before the disciplinary review committee.

(6) Existing law, the Cemetery Act, establishes the Cemeteryand Funeral Bureau within the Department of Consumer Affairsand 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 adurable container from the place of cremation or interment andkept in the dwelling owned or occupied by the person having theright to control disposition of the remains, or kept in a church orreligious shrine if certain requirements are met, if the removal isunder the authority of a permit for disposition of human remains.Under existing law, these disposition permits are required toinclude a description of the final place of disposition sufficient toidentify the place and are issued by the local registrar. Existinglaw requires a crematory to maintain a specified identificationsystem and requires that after cremation an identifying disk, tab,or other permanent label be placed within the urn or cremated

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remains container before the cremated remains are released fromthe crematory.

This bill would authorize cremated remains to be kept in or onthe real property owned or occupied by any person, with thepermission of the person with the right to disposition of remains.The bill would also authorize a specified amount of crematedremains to be placed in a keepsake urn, as defined, and kept asauthorized by the person or persons with the right to controldisposition, provided that a disposition permit is issued by thelocal registrar for each keepsake urn and a specified permit fee ispaid, and would exempt remains in the keepsake urn from specifiedidentification system requirements. For all other urns, the billwould require the identifying disk, tab, or other permanent labelto contain, among other things, the license number of thecrematory. By establishing new duties on the local registrar, thebill would impose a state-mandated local program.

Existing law prohibits a crematory from conducting any businessunless there is in the same fireproof building or structure or in aseparate fireproof building within the same cemetery a specifiedcolumbarium, 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 bythe state. Statutory provisions establish procedures for making thatreimbursement.

This bill would provide that no reimbursement is required bythis act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 5020 of the Business and ProfessionsCode is amended to read:

5020. The board may, for the purpose of obtaining technicalexpertise, appoint an enforcement advisory committee of not morethan 13 licensees to provide advice and assistance related to thefunctions specified in Section 5103. The committee shall act onlyin an advisory capacity, shall have no authority to initiate anydisciplinary action against a licensee, and shall only be authorized

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to report its findings from any investigation or hearing conductedpursuant to this section to the board, or upon direction of the board,to the executive officer.

SEC. 2. Section 5021 of the Business and Professions Code isamended to read:

5021. The members of the enforcement advisory andqualifications committees shall hold office for two years.


5024. The board may create and appoint advisory committees,consisting solely of board members or consisting of board membersand other persons who are not board members, for the purpose ofmaking recommendations on matters as may be specified by theboard.


5076. (a) In order to renew its registration, a firm, as definedin Section 5035.1, shall have a peer review report of its accountingand auditing practice accepted by a board-recognized peer reviewprogram no less frequently than every three years.

(b) For purposes of this article, the following definitions apply:(1) “Peer review” means a study, appraisal, or review conducted

in accordance with professional standards of the professional workof a firm, and may include an evaluation of other factors inaccordance with the requirements specified by the board inregulations. The peer review report shall be issued by an individualwho has a valid and current license, certificate, or permit to practicepublic accountancy from this state or another state and isunaffiliated with the firm being reviewed.

(2) “Accounting and auditing practice” includes any servicesthat are performed using professional standards defined by theboard in regulations.

(c) The board shall adopt regulations as necessary to implement,interpret, and make specific the peer review requirements in thissection, including, but not limited to, regulations specifying therequirements for board recognition of a peer review program,standards for administering a peer review, extensions of time forfulfilling the peer review requirement, exclusions from the peerreview program, and document submission.

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(d) The board shall adopt emergency regulations in accordancewith the Administrative Procedure Act (Chapter 3.5 (commencingwith Section 11340) of Part 1 of Division 3 of Title 2 of theGovernment Code) to establish policies, guidelines, and proceduresas outlined in subdivision (c). The adoption of the regulations shallbe considered by the Office of Administrative Law to be necessaryfor the immediate preservation of the public peace, health andsafety, or general welfare. The emergency regulations shall besubmitted to the Office of Administrative Law for filing with theSecretary of State and publication in the California Code ofRegulations, and shall be replaced in accordance with theAdministrative Procedure Act.

(e) Nothing in this section shall prohibit the board from initiatingan investigation and imposing discipline against a firm or licensee,either as the result of a complaint that alleges violations of statutes,rules, or regulations, or from information contained in a peer reviewreport received by the board.

(f) A firm issued a substandard peer review report, as definedby the board in regulation, shall submit a copy of that report to theboard. The board shall establish in regulation the time period thata firm must submit the report to the board. This period shall notexceed 60 days from the time the report is accepted by aboard-recognized peer review program provider to the date thereport is submitted to the board.

(g) (1) A board-recognized peer review program provider shallfile a copy with the board of all substandard peer review reportsissued to California-licensed firms. The board shall establish inregulation the time period that a board-recognized peer reviewprogram provider shall file the report with the board. This periodshall not exceed 60 days from the time the report is accepted by aboard-recognized peer review program provider to the date thereport is filed with the board. These reports may be filed with theboard electronically.

(2) Nothing in this subdivision shall require a board-recognizedpeer review program provider, when administering peer reviewsin another state, to violate the laws of that state.

(h) The board shall, by January 1, 2010, define a substandardpeer review report in regulation.

(i) Any requirements imposed by a board-recognized peer reviewprogram on a firm in conjunction with the completion of a peer

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review shall be separate from, and in addition to, any action bythe board pursuant to this section.

(j) Any report of a substandard peer review submitted to theboard in conjunction with this section shall be collected forinvestigatory purposes.

(k) Nothing in this section affects the discovery or admissibilityof evidence in a civil or criminal action.

(l) Nothing in this section requires any firm to become a memberof any professional organization.

(m) A peer reviewer shall not disclose information concerninglicensees or their clients obtained during a peer review, unlessspecifically authorized pursuant to this section, Section 5076.1, orregulations prescribed by the board.

(n) By January 1, 2013, the board shall provide the Legislatureand Governor with a report regarding the peer review requirementsof this section that includes, without limitation:

(1) The extent to which mandatory peer review of small firmsor sole practitioners that prepare nondisclosure compiled financialstatements on an other comprehensive basis of accounting enhancesconsumer protection.

(2) The impact of peer review required by this section on smallfirms and sole practitioners that prepare nondisclosure compiledfinancial statements on an other comprehensive basis of accounting.

(3) The impact of peer review required by this section on smallbusinesses, nonprofit corporations, and other entities that utilizesmall firms or sole practitioners for the purposes of nondisclosurecompiled financial statements prepared on an other comprehensivebasis of accounting.

(o) This section shall remain in effect only until January 1, 2014,and as of that date is repealed, unless a later enacted statute, thatis enacted before January 1, 2014, deletes or extends that date.


5090. An applicant for the certified public accountant licenseshall comply with the education, examination, and experiencerequirements in either Section 5092 or 5093.


5109. The expiration, cancellation, forfeiture, or suspensionof a license, practice privilege, or other authority to practice public

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accountancy by operation of law or by order or decision of theboard or a court of law, or the voluntary surrender of a license bya licensee shall not deprive the board of jurisdiction to commenceor proceed with any investigation of or action or disciplinaryproceeding against the licensee, or to render a decision suspendingor revoking the license.

SEC. 7. Section 5109.5 of the Business and Professions Codeis repealed.


5120. Any person who violates Article 3 (commencing withSection 5050) is guilty of a misdemeanor, punishable byimprisonment for not more than six months, or by a fine of notmore than one thousand dollars ($1,000), or both.

Whenever the board has reason to believe that any person isliable to punishment under this article, the board or with itsapproval the enforcement advisory committee, may certify thefacts to the appropriate enforcement officer of the city or countywhere the alleged violation had taken place and the officer maycause appropriate proceedings to be brought.


5122. Whenever in the judgment of the board, or with itsapproval the enforcement advisory committee, any person hasengaged, or is about to engage, in any acts or practices thatconstitute, or will constitute, an offense against this chapter, theboard may make application to the appropriate court for an orderenjoining the acts or practices, and upon showing by the boardthat the person has engaged, or is about to engage, in any such actsor practices, an injunction, restraining order, or other order thatmay be appropriate shall be granted by the court.

SEC. 10. Section 6750 of the Business and Professions Codeis amended to read:

6750. (a) An application for licensure as a professionalengineer or certification as an engineer-in-training shall be madeto the board on the prescribed form, with all statements madetherein under oath, and shall be accompanied by the fee prescribedby this chapter. An application for licensure as a professionalengineer shall specify, additionally, the branch of engineering inwhich the applicant desires licensure.

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(b) The board may authorize an organization specified by theboard pursuant to Section 6754 to receive directly from applicantspayment of the examination fees charged by that organization aspayment for examination materials and services.


6751. (a) The applicant for certification as anengineer-in-training shall comply with all of the following:

(1) Not have committed acts or crimes constituting grounds fordenial of registration under Section 480.

(2) Successfully pass the first division of the examination. Theapplicant shall be eligible to sit for the first division of theexamination after satisfactory completion of three years or moreof postsecondary engineering education, three years or more ofengineering experience, or a combination of postsecondaryeducation and experience in engineering totaling three years.

The board need not verify the applicant’s eligibility other thanto require the applicant to sign a statement of eligibility on theapplication form.

(b) The applicant for registration as a professional engineer shallcomply with all of the following:

(1) Not have committed acts or crimes constituting grounds fordenial of registration under Section 480.

(2) Furnish evidence of six years or more of qualifyingexperience in engineering work satisfactory to the board evidencingthat the applicant is competent to practice the character ofengineering in the branch for which he or she is applying forregistration, and successfully pass the second division of theexamination.

(3) The applicant for the second division of the examinationshall successfully pass the first division examination or shall beexempt therefrom.


6756. (a) An applicant for certification as anengineer-in-training shall, upon making a passing grade in thatdivision of the examination prescribed in Section 6755, relatingto fundamental engineering subjects, be issued a certificate as anengineer-in-training. A renewal or other fee, other than theapplication and examination fees, may not be charged for this

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certification. The certificate shall become invalid when the holderhas qualified as a professional engineer as provided in Section6762.

(b) An engineer-in-training certificate does not authorize theholder thereof to practice or offer to practice civil, electrical, ormechanical engineering work, in his or her own right, or to usethe titles specified in Sections 6732, 6736, and 6736.1.

(c) It is unlawful for anyone other than the holder of a validengineer-in-training certificate issued under this chapter to use thetitle of “engineer-in-training” or any abbreviation of that title.


6758. An applicant failing in an examination may be examinedagain upon filing a new application and the payment of the feefixed by this chapter.


6759. The board, upon application therefor, on its prescribedform, and the payment of the fee fixed by this chapter, may issuea certificate of registration as a professional engineer, withoutwritten examination, to any person holding a certificate ofregistration issued to him or her by any state or country when theapplicant’s qualifications meet the requirements of this chapterand rules established by the board. The board shall not require acomity applicant to meet any requirement not required of Californiaapplicants. For purposes of this section, equivalent second divisionexaminations shall be eight-hour written examinations preparedby or administered by a state or territory either by single orcombined branch at the level generally administered by the boardto persons who passed or were exempted from the first divisionexamination. Applicants who have passed an equivalent seconddivision combined branch or a single branch examination in abranch not recognized for registration in California shall beregistered in the branch in which their experience and educationindicate the closest relationship.


6763. Application for authority to use the title “structuralengineer,” “soil engineer,” “soils engineer,” or “geotechnical

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engineer” shall be made to the board on forms prescribed by it andshall be accompanied by the fee fixed by this chapter.

An applicant for authority to use the title “structural engineer,”“soil engineer,” “soils engineer,” or “geotechnical engineer” whohas passed the examination prescribed by the board, or an applicantfor authority to use the title “soil engineer,” “soils engineer,” or“geotechnical engineer” whose application is submitted prior toJuly 1, 1986, and who has otherwise demonstrated that he or sheis qualified, shall have a certificate of authority issued to him orher.

For purposes of this chapter, an authority to use the title“structural engineer,” “soil engineer,” “soils engineer,” or“geotechnical engineer” is an identification of competence andspecialization in a subspecialty of civil engineering and necessitateseducation or experience in addition to that required for registrationas a civil engineer.


6799. The amount of the fees prescribed by this chapter shallbe fixed by the board in accordance with the following schedule:

(a) The fee for filing each application for licensure as aprofessional engineer and each application for authority leveldesignation at not more than four hundred dollars ($400) and foreach application for certification as an engineer-in-training at notmore than one hundred dollars ($100).

(b) The fee to take an examination administered by a public orprivate organization pursuant to Section 6754 shall be no greaterthan the actual cost of the development and administration of theexamination and may be paid directly to the organization by theapplicant.

(c) The temporary authorization fee for a professional engineerat not more than 25 percent of the application fee in effect on thedate of application.

(d) The renewal fee for each branch of professional engineeringin which licensure is held, and the renewal fee for each authoritylevel designation held, at no more than the professional engineerapplication fee currently in effect.

(e) The fee for a retired license at not more than 50 percent ofthe professional engineer application fee in effect on the date ofapplication.

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(f) The delinquency fee at not more than 50 percent of therenewal fee in effect on the date of reinstatement.

(g) The board shall establish by regulation an appeal fee forexamination. The regulation shall include provisions for anapplicant to be reimbursed the appeal fee if the appeal results inpassage of examination. The fee charged shall be no more thanthe costs incurred by the board.

(h) All other document fees are to be set by the board by rule.Applicants wishing to be examined in more than one branch of

engineering shall be required to pay the additional fee for eachexamination after the first.

SEC. 17. Section 7028.6 of the Business and Professions Codeis amended to read:

7028.6. The Registrar of Contractors is hereby empowered toissue citations containing orders of abatement and civil penaltiesagainst persons acting in the capacity of or engaging in the businessof a contractor within this state without having a license in goodstanding to so act or engage.


7028.7. (a) If upon inspection or investigation, either uponcomplaint or otherwise, the registrar has probable cause to believethat a person is acting in the capacity of or engaging in the businessof a contractor or salesperson within this state without having alicense or registration in good standing to so act or engage, andthe person is not otherwise exempted from this chapter, the registrarshall issue a citation to that person.

(b) Within 72 hours of receiving notice that a public entity isintending to award, or has awarded, a contract to an unlicensedcontractor, the registrar shall give written notice to the public entitythat a citation may be issued if a contract is awarded to anunlicensed contractor. If after receiving the written notice fromthe registrar that the public entity has awarded or awards thecontract to an unlicensed contractor, the registrar may issue acitation to the responsible officer or employee of the public entityas specified in Section 7028.15.

(c) Each citation shall be in writing and shall describe withparticularity the basis of the citation. Notwithstanding Sections125.9 and 148, each citation shall contain an order of abatementand an assessment of a civil penalty in an amount not less than

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two hundred dollars ($200) nor more than fifteen thousand dollars($15,000).

(d) With the approval of the Contractors’ State License Board,the registrar shall prescribe procedures for the issuance of a citationunder this section. The board shall adopt regulations covering theassessment of a civil penalty that shall give due consideration tothe gravity of the violation, and any history of previous violations.

(e) The sanctions authorized under this section shall be separatefrom, and in addition to, all other remedies either civil or criminal.


7028.9. A citation under Section 7028.7 shall be issued by theregistrar within four years after the act or omission that is the basisfor the citation or within 18 months after the date of the filing ofthe complaint with the registrar, whichever is later.


7058.5. (a) No contractor shall engage in asbestos-relatedwork, as defined in Section 6501.8 of the Labor Code, that involves100 square feet or more of surface area of asbestos containingmaterials, unless the qualifier for the license passes an asbestoscertification examination. Additional updated asbestos certificationexaminations may be required based on new health and safetyinformation. The decision on whether to require an updatedcertification examination shall be made by the Contractors StateLicense Board, in consultation with the Division of OccupationalSafety and Health in the Department of Industrial Relations andthe Division of Environmental and Occupational Disease Controlin the State Department of Public Health.

No asbestos certification examination shall be required forcontractors involved with the installation, maintenance, and repairof asbestos cement pipe or sheets, vinyl asbestos floor materials,or asbestos bituminous or resinous materials.

“Asbestos,” as used in this section, has the same meaning asdefined in Section 6501.7 of the Labor Code.

(b) The Contractors State License Board shall make availableto all applicants, either on the board’s Internet Web site or, ifrequested, in hard copy, a booklet containing information relativeto handling and disposal of asbestos, together with an open bookexamination concerning asbestos-related work. All applicants for

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an initial contractor license shall complete the open bookexamination and, prior to the issuance of a contractor’s license,submit it to the board electronically or by mail if the applicantelects to use the hard-copy format.


7099.2. (a) The board shall promulgate regulations coveringthe assessment of civil penalties under this article that give dueconsideration to the appropriateness of the penalty with respect tothe following factors:

(1) The gravity of the violation.(2) The good faith of the licensee or applicant for licensure

being charged.(3) The history of previous violations.(b) Except as otherwise provided by this chapter, no civil penalty

shall be assessed in an amount greater than five thousand dollars($5,000). Notwithstanding Section 125.9, a civil penalty not toexceed fifteen thousand dollars ($15,000) may be assessed for aviolation of Section 7114 or 7118.


7110. Willful or deliberate disregard and violation of thebuilding laws of the state, or of any political subdivision thereof,or of Section 8550 or 8556 of this code, or of Sections 1689.5 to1689.15, inclusive, of the Civil Code, or of the safety laws or laborlaws or compensation insurance laws or Unemployment InsuranceCode of the state, or of the Subletting and Subcontracting FairPractices Act (Chapter 4 (commencing with Section 4100) of Part1 of Division 2 of the Public Contract Code), or violation by anylicensee of any provision of the Health and Safety Code or WaterCode, relating to the digging, boring, or drilling of water wells, orArticle 2 (commencing with Section 4216) of Chapter 3.1 ofDivision 5 of Title 1 of the Government Code, constitutes a causefor disciplinary action.


7210.7. Schools and instructors licensed by the board mayprovide home training in the use of guide dogs.

Schools and instructors providing home training in the use ofguide dogs shall, annually, provide the board with the names and

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addresses of those persons who are receiving home training andshall include those persons who have received home training fromthe school or instructor subsequent to the last report filed with theboard.


7316. (a) The practice of barbering is all or any combinationof the following practices:

(1) Shaving or trimming the beard or cutting the hair.(2) Giving facial and scalp massages or treatments with oils,

creams, lotions, or other preparations either by hand or mechanicalappliances.

(3) Singeing, shampooing, arranging, dressing, curling, waving,chemical waving, hair relaxing, or dyeing the hair or applying hairtonics.

(4) Applying cosmetic preparations, antiseptics, powders, oils,clays, or lotions to scalp, face, or neck.

(5) Hairstyling of all textures of hair by standard methods thatare current at the time of the hairstyling.

(b) The practice of cosmetology is all or any combination ofthe following practices:

(1) Arranging, dressing, curling, waving, machineless permanentwaving, permanent waving, cleansing, cutting, shampooing,relaxing, singeing, bleaching, tinting, coloring, straightening,dyeing, applying hair tonics to, beautifying, or otherwise treatingby any means, the hair of any person.

(2) Massaging, cleaning, or stimulating the scalp, face, neck,arms, or upper part of the human body, by means of the hands,devices, apparatus or appliances, with or without the use ofcosmetic preparations, antiseptics, tonics, lotions, or creams.

(3) Beautifying the face, neck, arms, or upper part of the humanbody, by use of cosmetic preparations, antiseptics, tonics, lotions,or creams.

(4) Removing superfluous hair from the body of any person bythe use of depilatories or by the use of tweezers, chemicals, orpreparations or by the use of devices or appliances of any kind ordescription, except by the use of light waves, commonly knownas rays.

(5) Cutting, trimming, polishing, tinting, coloring, cleansing,or manicuring the nails of any person.

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(6) Massaging, cleansing, treating, or beautifying the hands orfeet of any person.

(c) Within the practice of cosmetology there exist the specialtybranches of skin care and nail care.

(1) Skin care is any one or more of the following practices:(A) Giving facials, applying makeup, giving skin care, removing

superfluous hair from the body of any person by the use ofdepilatories, tweezers or waxing, or applying eyelashes to anyperson.

(B) Beautifying the face, neck, arms, or upper part of the humanbody, by use of cosmetic preparations, antiseptics, tonics, lotions,or creams.

(C) Massaging, cleaning, or stimulating the face, neck, arms,or upper part of the human body, by means of the hands, devices,apparatus, or appliances, with the use of cosmetic preparations,antiseptics, tonics, lotions, or creams.

(2) Nail care is the practice of cutting, trimming, polishing,coloring, tinting, cleansing, manicuring, or pedicuring the nails ofany person or massaging, cleansing, or beautifying from the elbowto the fingertips or the knee to the toes of any person.

(d) The practice of barbering and the practice of cosmetologydo not include any of the following:

(1) The mere sale, fitting, or styling of wigs or hairpieces.(2) Natural hair braiding. Natural hair braiding is a service that

results in tension on hair strands or roots by twisting, wrapping,weaving, extending, locking, or braiding by hand or mechanicaldevice, provided that the service does not include haircutting orthe application of dyes, reactive chemicals, or other preparationsto alter the color of the hair or to straighten, curl, or alter thestructure of the hair.

(3) Threading. Threading is a technique that results in removinghair by twisting thread around unwanted hair and pulling it fromthe skin and the incidental trimming of eyebrow hair.

(e) Notwithstanding paragraph (2) of subdivision (d), a personwho engages in natural hairstyling, which is defined as theprovision of natural hair braiding services together with any of theservices or procedures defined within the regulated practices ofbarbering or cosmetology, is subject to regulation pursuant to thischapter and shall obtain and maintain a barbering or cosmetology

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license as applicable to the services respectively offered orperformed.

(f) Electrolysis is the practice of removing hair from, ordestroying hair on, the human body by the use of an electric needleonly.

“Electrolysis” as used in this chapter includes electrolysis orthermolysis.


7317. Except as provided in this article, it is unlawful for anyperson, firm, or corporation to engage in barbering, cosmetology,or electrolysis for compensation without a valid, unexpired licenseissued by the board, or in an establishment or mobile unit otherthan one licensed by the board, or conduct or operate anestablishment, or any other place of business in which barbering,cosmetology, or electrolysis is practiced unless licensed under thischapter. Persons licensed under this chapter shall limit their practiceand services rendered to the public to only those areas for whichthey are licensed. Any violation of this section is subject to anadministrative fine and may be subject to a misdemeanor.


7320.1. When providing a manicure or pedicure, no metalinstruments shall be used except those metal instruments necessaryfor the cutting, trimming, manicuring, or pedicuring of nails orcuticles or for the smoothing and massaging of the hands and feet.


7352. Every establishment shall provide adequate andconvenient handwashing facilities, including running water, soap,and towels or air hand dryers.


7410. Persons to whom a notice of violation or a citation isissued and an administrative fine assessed may appeal the citationto a disciplinary review committee established by the board. Allappeals shall be submitted in writing to the program within 30days of the date the citation was issued. Appeals of citations thatare not submitted in a timely manner shall be rejected.

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After a timely appeal has been filed with the program, theadministrative fine, if any, shall be stayed until the appeal has beenadjudicated.

Persons appealing a citation, or their appointed representatives,may appear in person before the disciplinary review committee.The appellant may present written or oral evidence relating to thefacts and circumstances relating to the citation that was issued.Following an appeal to a disciplinary review committee, thedisciplinary review committee shall issue a decision, based onfindings of fact, which may affirm, reduce, dismiss, or alter anycharges filed in the citation. In no event shall the administrativefine be increased. The appellant shall be provided with a writtencopy of the disciplinary review committee’s decision relating tothe appeal.


8740. (a) An application for each division of the examinationfor a license as a land surveyor shall be made to the board on theform prescribed by it, with all statements therein made under oath,and shall be accompanied by the fee fixed by this chapter.

(b) The board may authorize an organization specified by theboard pursuant to Section 8745 to receive directly from applicantspayment of the examination fees charged by that organization aspayment for examination materials and services.


8746. An applicant failing an examination may be examinedagain upon filing a new application and the payment of the feefixed by the board.


8748. The board, upon application therefor, and the paymentof the fee fixed by this chapter, may issue a land surveyor’s license,without written examination, to any person who holds a valid landsurveyor’s license issued to him or her by any state or countrywhen the applicant’s qualifications meet the requirements of thischapter and rules established by the board.


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8805. The amount of the fees prescribed by this chapter shallbe fixed by the board in accordance with the following schedule:

(a) The fee for filing each application for licensure as a landsurveyor at not more than four hundred dollars ($400) and for eachapplication for certification as a land surveyor-in-training (LSIT)at not more than one hundred dollars ($100).

(b) The fees to take an examination administered by a publicor private organization pursuant to Section 8754 shall be no greaterthan the actual cost of the development and administration of theexamination and may be paid directly to the organization by theapplicant.

(c) The renewal fee for a land surveyor at not more than theapplication fee.

(d) The fee for a retired license at not more than 50 percent ofthe professional land surveyor application fee in effect on the dateof application.

(e) The delinquency fee at not more than 50 percent of therenewal fee in effect on the date of reinstatement.

(f) The board shall establish by regulation an appeal fee forexamination. The regulation shall include provisions for anapplicant to be reimbursed the appeal fee if the appeal results inpassage of examination. The fee shall be no more than the costsincurred by the board.

(g) All other document fees are to be set by the board by rule.SEC. 33. Section 7054.6 of the Health and Safety Code is

amended to read:7054.6. (a) Except as provided in subdivision (b), cremated

remains may be removed in a durable container from the place ofcremation or interment and kept in or on the real property ownedor occupied by a person described in Section 7100 or any otherperson, with the permission of the person with the right todisposition, or the durable container holding the cremated remainsmay be kept in a church or religious shrine, if written permissionof the church or religious shrine is obtained and there is no conflictwith local use permit requirements or zoning laws, if the removalis under the authority of a permit for disposition granted underSection 103060. The placement, in any place, of six or morecremated remains under this section does not constitute the placea cemetery, as defined in Section 7003.

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(b) Notwithstanding any other provision of law, crematedremains may be placed in one or more keepsake urns. Keepsakeurns shall be kept as authorized by the person or persons with theright to control disposition pursuant to Section 7100, provided thata permit for disposition of human remains pursuant to Section103060 is issued by the local registrar for each keepsake urndesignating the home address of each person receiving a keepsakeurn and a permit fee pursuant to Section 103065 is paid. Nokeepsake urn shall be subject to Section 8345. For purposes of thissection, a keepsake urn shall mean a closed durable container thatwill accommodate an amount of cremated remains not to exceedone cubic centimeter.

(c) Prior to disposition of cremated remains, every licensee orregistrant pursuant to Chapter 12 (commencing with Section 7600)or Chapter 19 (commencing with Section 9600) of Division 3 ofthe Business and Professions Code, and the agents and employeesof the licensee or registrant shall do all of the following:

(1) Remove the cremated remains from the place of cremationin a durable container.

(2) Keep the cremated remains in a durable container.(3) Store the cremated remains in a place free from exposure to

the elements.(4) Responsibly maintain the cremated remains.SEC. 34. Section 8340 of the Health and Safety Code is

repealed.SEC. 35. Section 8344 of the Health and Safety Code is

amended to read:8344. A crematory shall maintain an identification system

allowing identification of each decedent beginning from the timethe crematory accepts delivery of human remains until the pointat which it releases the cremated remains to a third party. Aftercremation, an identifying disk, tab, or other permanent label shallbe placed within the urn or cremated remains container before thecremated remains are released from the crematory. Eachidentification disk, tab, or label shall contain the license numberof the crematory and shall have a unique number that shall berecorded on all paperwork regarding the decedent’s case and inthe crematory log. Each crematory shall maintain a writtenprocedure for identification of remains. The identificationrequirements pertaining to an identifying disk, tab, or other label

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to be placed within the urn or cremated remains container shallnot apply to cremated remains placed in a keepsake urn pursuantto subdivision (b) of Section 7054.6 if space does not permit.

On or after March 1, 1994, any crematory that fails, whenrequested by an official of the bureau to produce a writtenprocedure for identification of remains, shall have 15 workingdays from the time of the request to produce an identificationprocedure for review by the chief of the Cemetery and FuneralBureau. The license of the crematory shall be suspended pursuantto Chapter 5 (commencing with Section 11500) of Part 1 ofDivision 3 of Title 2 of the Government Code, if no identificationprocedure is produced for review after 15 working days haveelapsed.

SEC. 36. No reimbursement is required by this act pursuant toSection 6 of Article XIIIB of the California Constitution becausea local agency or school district has the authority to levy servicecharges, fees, or assessments sufficient to pay for the program orlevel of service mandated by this act, within the meaning of Section17556 of the Government Code.

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Approved , 2010

Governor

senate bill no. 1491 · 8/30/2010 · persons in the use of guide dogs. under existing law, the...

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