California Senate Bill SB542 Introduced / Bill

 BILL NUMBER: SB 542INTRODUCED BILL TEXT INTRODUCED BY Senator Price FEBRUARY 17, 2011 An act to amend Sections 5000, 5015.6, and 6510 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGEST SB 542, as introduced, Price. Professions and vocations: regulatory boards. Existing law provides for the licensure and regulation of various professions and vocations by boards within the department, including, the California Board of Accountancy and the Professional Fiduciaries Bureau. Existing law authorizes the board to appoint an executive officer and authorizes the Governor to appoint the chief of the bureau. Under existing law, these provisions are repealed on January 1, 2012. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would extend the operation of these provisions until January 1, 2016, and would specify that these boards would be subject to review by the appropriate policy committees of the Legislature. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 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 This section shall remain in effect only until January 1,  2012   2016  , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2012   2016  , deletes or extends that date.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).   Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.  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 Protection   appropriate policy committees of the Legislature  and the board regarding the implementation of new licensing requirements. SEC. 2. Section 5015.6 of the Business and Professions Code is amended to read: 5015.6. The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. This section shall remain in effect only until January 1,  2012   2016  , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2012   2016  , deletes or extends that date. SEC. 3. Section 6510 of the Business and Professions Code is amended to read: 6510. (a) There is within the jurisdiction of the department the Professional Fiduciaries Bureau. The bureau is under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief of the bureau, who is responsible to the director. Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations as the director may prescribe. (b) The Governor shall appoint, subject to confirmation by the Senate, the chief of the bureau, at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor. (c) This section shall remain in effect only until January 1,  2012   2016  , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2012  2016  , deletes or extends that date.  The repeal of this section renders the bureau subject to the review required by Division 1.2 (commencing with Section 473).   Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.  Notwithstanding any other provision of law, upon the repeal of this section, the responsibilities and jurisdiction of the bureau shall be transferred to the Professional Fiduciaries Advisory Committee, as provided by Section 6511.