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<BR>See (3) for the text concerning guide dogs.<BR>
BILL NUMBER: SB 1491 INTRODUCED<BR> BILL TEXT<BR><BR><BR>INTRODUCED BY Committee on Business, Professions and Economic<BR>Development (Senators Negrete McLeod (Chair), Aanestad, Calderon,<BR>Correa, Florez, Oropeza, Walters, Wyland, and Yee)<BR><BR> MARCH 11, 2010<BR><BR> An act to amend Sections 5020, 5021, 5024, 5076, 5090, 5109, 5120,<BR>5122, 7028.6, 7028.7, 7028.9, 7058.5, 7099.2, 7110, 7210.7, 7316,<BR>7317, 7320.1, 7352, and 7410 of, and to repeal Section 5109.5 of, the<BR>Business and Professions Code, to amend Section 11126 of the<BR>Government Code, and to amend Sections 7054.6 and 8344 of, and to<BR>repeal Section 8340 of, the Health and Safety Code, relating to<BR>professions and vocations.<BR><BR><BR> LEGISLATIVE COUNSEL'S DIGEST<BR><BR><BR> SB 1491, as introduced, Committee on Business, Professions and<BR>Economic Development. Professions and vocations.<BR> (1) Existing law provides for the licensure and regulation of<BR>accountants by the California Board of Accountancy. Existing law<BR>authorizes the board to appoint an administrative committee to<BR>provide advice and assistance relative to investigations of licensee<BR>misconduct. Existing law also authorizes the board to create and<BR>appoint other advisory committees consisting of public accountants or<BR>certified public accountants who need not be members of the board<BR>for the purpose of making recommendations to the board.<BR> This bill would designate the administrative committee as the<BR>enforcement advisory committee. The bill would require these other<BR>advisory committees to consist solely of board members or to consist<BR>of board members and other persons who are not board members.<BR> (2) Existing law provides for the licensure and regulation of<BR>contractors by the Contractors' State License Board. Existing law,<BR>based upon complaint or otherwise, authorizes the Registrar of<BR>Contractors to issue citations for violations of the licensure<BR>requirement within 4 years after the act or omission that is the<BR>basis for the citation.<BR> This bill would require a citation to be issued within 4 years<BR>after the act or omission that is the basis for the citation or<BR>within 18 months after filing the complaint with the registrar,<BR>whichever is later.<BR> Existing law prohibits a contractor from engaging in<BR>asbestos-related work, as specified, without passing an asbestos<BR>certification examination. Existing law requires the board to<BR>develop, and deliver to all applicants with the request for bond and<BR>fee, a booklet relating to the handling and disposal of asbestos,<BR>that includes an open book examination concerning asbestos-related<BR>work. Existing law requires all applicants for an initial contractor'<BR>s license and specified applicants filing a delinquent renewal<BR>application to complete and sign the open book examination and to<BR>submit it to the board with the required renewal or bond and fee.<BR> This bill would instead require the board to make that booklet<BR>available to all applicants, either on the board's Internet Web site<BR>or upon request in hard copy. The bill would require only applicants<BR>for initial licensure to complete the examination and to submit it to<BR>the board, as specified.<BR> Under existing law, a willful or deliberate disregard by a<BR>licensed contractor of various state building, labor, and safety laws<BR>constitutes a cause for disciplinary action.<BR> This bill would specify that a willful or deliberate disregard of<BR>the Subletting and Subcontracting Fair Practices Act also constitutes<BR>a cause for disciplinary action.<BR> (3) Existing law establishes within the Department of Consumer<BR>Affairs a State Board of Guide Dogs for the Blind that, among others<BR>things, licenses and regulates schools and instructors for the<BR>training of guide dogs for the blind and the instruction of blind<BR>persons in the use of guide dogs.<BR> Under existing law, the board may authorize board-licensed schools<BR>or instructors employed by those schools to provide home training,<BR>as specified, in the use of guide dogs. Existing law requires schools<BR>desiring to provide home training to apply to the board and provide<BR>the board with specified information for conducting that home<BR>training subject to board approval. Existing law requires these<BR>schools to annually provide the board specified information about<BR>those persons receiving home training. Existing law also requires,<BR>except in cases of undue hardship, the guide dog user to complete a<BR>formal in-residence training program from a licensed or recognized<BR>school as a condition of receiving home training.<BR> This bill would eliminate that approval process and other<BR>requirements, including the formal in-residence training program for<BR>guide dog users, and would instead authorize schools and instructors<BR>licensed by the board to provide home training in the use of guide<BR>dogs. The bill would also require instructors to file annual reports<BR>with the board regarding persons receiving home training.<BR> (4) Existing law, the Barbering and Cosmetology Act, provides for<BR>the licensure and regulation of the practice of barbering and<BR>cosmetology by the State Board of Barbering and Cosmetology.<BR> Under existing law, nail care is a specialty branch within the<BR>practice of cosmetology and is the practice of, among other things,<BR>cutting, trimming, manicuring nails or massaging, cleansing, or<BR>beautifying the hands or feet of any person. Existing law permits<BR>metal instruments to be used for the cutting, trimming, manicuring,<BR>or pedicuring of nails or cuticles.<BR> This bill would specify that nail care is also the practice of<BR>pedicuring nails or massaging, cleansing, or beautifying from the<BR>elbow to the fingertips or the knees to the toes of any person. The<BR>bill would also permit metal instruments to be used for the smoothing<BR>and massaging of the hands and feet.<BR> Existing law makes it unlawful for any person to engage in<BR>barbering or cosmetology for compensation or to operate an<BR>establishment where barbering or cosmetology is practiced without a<BR>license and specifies that a violation of this requirement is a<BR>misdemeanor.<BR> This bill would instead provide that a violation of that<BR>requirement is subject to an administrative fine and may be subject<BR>to a misdemeanor.<BR> Existing law requires barbering and cosmetology establishments to<BR>provide specified handwashing facilities, including running water,<BR>soap, and approved sanitary towels.<BR> This bill would instead require these establishments to provide<BR>running water, soap, and towels or air hand dryers.<BR> Existing law authorizes the board to issue a notice of violation<BR>or a citation with an administrative fine to persons violating the<BR>act. Existing law authorizes these persons to appeal the citation and<BR>requires them or their appointed representative to appear in person<BR>before the disciplinary review committee.<BR> This bill would eliminate that appearance requirement and instead<BR>authorize these persons or their appointed representative to appear<BR>in person before the disciplinary review committee.<BR> (5) Existing law, the Cemetery Act, establishes the Cemetery and<BR>Funeral Bureau within the Department of Consumer Affairs and sets<BR>forth its powers and duties, including, but not limited to, the<BR>registering and regulating of cremated remains disposers.<BR> Existing law authorizes cremated remains to be removed in a<BR>durable container from the place of cremation or interment and kept<BR>in the dwelling owned or occupied by the person having the right to<BR>control disposition of the remains, or kept in a church or religious<BR>shrine if certain requirements are met, if the removal is under the<BR>authority of a permit for disposition of human remains. Under<BR>existing law, these disposition permits are required to include a<BR>description of the final place of disposition sufficient to identify<BR>the place and are issued by the local registrar. Existing law<BR>requires a crematory to maintain a specified identification system<BR>and requires that after cremation an identifying disk, tab, or other<BR>permanent label be placed within the urn or cremated remains<BR>container before the cremated remains are released from the<BR>crematory.<BR> This bill would authorize cremated remains to be kept in or on the<BR>real property owned or occupied by specified persons with the<BR>permission of the person with the right to control disposition of<BR>remains. The bill would also authorize a specified amount of cremated<BR>remains to be placed in a keepsake urn and kept as authorized by the<BR>person or persons with the right to control disposition, provided<BR>that a disposition permit is issued by the local registrar for each<BR>keepsake urn and a specified permit fee is paid, and would exempt<BR>remains in the keepsake urn from those identification system<BR>requirements. For all other urns, the bill would require the<BR>identifying disk, tab, or other permanent label to contain, among<BR>other things, the license number of the crematory. By establishing<BR>new duties on the local registrar, the bill would impose a<BR>state-mandated local program.<BR> Existing law prohibits a crematory from conducting any business<BR>unless there is in the same fireproof building or structure or in a<BR>separate fireproof building within the same cemetery a specified<BR>columbarium, burial park, or mausoleum.<BR> This bill would delete that prohibition.<BR> (6) The bill would delete various obsolete provisions and make<BR>other clarifying and conforming changes.<BR> (7) The California Constitution requires the state to reimburse<BR>local agencies and school districts for certain costs mandated by the<BR>state. Statutory provisions establish procedures for making that<BR>reimbursement.<BR> This bill would provide that no reimbursement is required by this<BR>act for a specified reason.<BR> Vote: majority. Appropriation: no. Fiscal committee: yes.<BR>State-mandated local program: yes.<BR><BR><BR>THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:<BR><BR> SECTION 1. Section 5020 of the Business and Professions Code is<BR>amended to read:<BR> 5020. The board may, for the purpose of obtaining technical<BR>expertise, appoint an <STRIKE> administrative </STRIKE> <EM><BR>enforcement advisory </EM> committee of not more than 13 licensees to<BR>provide advice and assistance related to the functions specified in<BR>Section 5103. The committee shall act only in an advisory capacity,<BR>shall have no authority to initiate any disciplinary action against a<BR>licensee, and shall only be authorized to report its findings from<BR>any investigation or hearing conducted pursuant to this section to<BR>the board, or upon direction of the board, to the executive officer.<BR> SEC. 2. Section 5021 of the Business and Professions Code is<BR>amended to read:<BR> 5021. The members of the <STRIKE> administrative</STRIKE> <EM><BR>enforcement advisory </EM> and qualifications committees shall hold<BR>office for two years.<BR> SEC. 3. Section 5024 of the Business and Professions Code is<BR>amended to read:<BR> 5024. The board may create and appoint <STRIKE> other </STRIKE><BR>advisory committees <EM> , </EM> consisting <STRIKE> of public<BR>accountants or certified public accountants of this state in good<BR></STRIKE> <STRIKE> standing </STRIKE> <EM> solely of board members or<BR>consisting of board members </EM> and <EM> other persons </EM> who<BR><STRIKE> need </STRIKE> <EM> are </EM> not <STRIKE> be </STRIKE> <EM><BR>board </EM> members <STRIKE> of the board </STRIKE> <EM> , </EM> for<BR>the purpose of making recommendations on matters as may be specified<BR>by the board.<BR> SEC. 4. Section 5076 of the Business and Professions Code is<BR>amended to read:<BR> 5076. (a) In order to renew its registration, a firm, as defined<BR>in Section 5035.1, shall have a peer review report of its accounting<BR>and auditing practice accepted by a board-recognized peer review<BR>program no less frequently than every three years.<BR> (b) For purposes of this article, the following definitions apply:<BR><BR> (1) "Peer review" means a study, appraisal, or review conducted in<BR>accordance with professional standards of the professional work of a<BR>firm <EM> , and may include an evaluation of other factors in<BR>accordance with the requirements specified by the board in<BR>regulations. The peer review report shall be issued </EM> by an<BR>individual who has a valid and current license, certificate, or<BR>permit to practice public accountancy from this state or another<BR>state and is unaffiliated with the firm being reviewed <STRIKE> , and<BR>may include an evaluation of other factors in accordance with<BR>requirements specified by the board in regulations </STRIKE> .<BR> (2) "Accounting and auditing practice" includes any services that<BR>are performed using professional standards defined by the board in<BR>regulations.<BR> (c) The board shall adopt regulations as necessary to implement,<BR>interpret, and make specific the peer review requirements in this<BR>section, including, but not limited to, regulations specifying the<BR>requirements for board recognition of a peer review program,<BR>standards for administering a peer review, extensions of time for<BR>fulfilling the peer review requirement, exclusions from the peer<BR>review program, and document submission.<BR> (d) The board shall adopt emergency regulations in accordance with<BR>the Administrative Procedure Act (Chapter 3.5 (commencing with<BR>Section 11340) of Part 1 of Division 3 of Title 2 of the Government<BR>Code) to establish policies, guidelines, and procedures as outlined<BR>in subdivision (c). The adoption of the regulations shall be<BR>considered by the Office of Administrative Law to be necessary for<BR>the immediate preservation of the public peace, health and safety, or<BR>general welfare. The emergency regulations shall be submitted to the<BR>Office of Administrative Law for filing with the Secretary of State<BR>and publication in the California Code of Regulations, and shall be<BR>replaced in accordance with the Administrative Procedure Act.<BR> (e) Nothing in this section shall prohibit the board from<BR>initiating an investigation and imposing discipline against a firm or<BR>licensee, either as the result of a complaint that alleges<BR>violations of statutes, rules, or regulations, or from information<BR>contained in a peer review report received by the board.<BR> (f) A firm issued a substandard peer review report, as defined by<BR>the board in regulation, shall submit a copy of that report to the<BR>board. The board shall establish in regulation the time period that a<BR>firm must submit the report to the board. This period shall not<BR>exceed 60 days from the time the report is accepted by a<BR>board-recognized peer review program provider to the date the report<BR>is submitted to the board.<BR> (g) (1) A board-recognized peer review program provider shall file<BR>a copy with the board of all substandard peer review reports issued<BR>to California-licensed firms. The board shall establish in regulation<BR>the time period that a board-recognized peer review program provider<BR>shall file the report with the board. This period shall not exceed<BR>60 days from the time the report is accepted by a board-recognized<BR>peer review program provider to the date the report is filed with the<BR>board. These reports may be filed with the board electronically.<BR> (2) Nothing in this subdivision shall require a board-recognized<BR>peer review program provider, when administering peer reviews in<BR>another state, to violate the laws of that state.<BR> (h) The board shall, by January 1, 2010, define a substandard peer<BR>review report in regulation.<BR> (i) Any requirements imposed by a board-recognized peer review<BR>program on a firm in conjunction with the completion of a peer review<BR>shall be separate from, and in addition to, any action by the board<BR>pursuant to this section.<BR> (j) Any report of a substandard peer review submitted to the board<BR>in conjunction with this section shall be collected for<BR>investigatory purposes.<BR> (k) Nothing in this section affects the discovery or admissibility<BR>of evidence in a civil or criminal action.<BR> (l) Nothing in this section requires any firm to become a member<BR>of any professional organization.<BR> (m) A peer reviewer shall not disclose information concerning<BR>licensees or their clients obtained during a peer review, unless<BR>specifically authorized pursuant to this section, Section 5076.1, or<BR>regulations prescribed by the board.<BR> (n) By January 1, 2013, the board shall provide the Legislature<BR>and Governor with a report regarding the peer review requirements of<BR>this section that includes, without limitation:<BR> (1) The extent to which mandatory peer review of small firms or<BR>sole practitioners that prepare nondisclosure compiled financial<BR>statements on an other comprehensive basis of accounting enhances<BR>consumer protection.<BR> (2) The impact of peer review required by this section on small<BR>firms and sole practitioners that prepare nondisclosure complied<BR>financial statements on an other comprehensive basis of accounting.<BR> (3) The impact of peer review required by this section on small<BR>businesses, nonprofit corporations, and other entities that utilize<BR>small firms or sole practitioners for the purposes of nondisclosure<BR>compiled financial statements prepared on an other comprehensive<BR>basis of accounting.<BR> (o) This section shall remain in effect only until January 1,<BR>2014, and as of that date is repealed, unless a later enacted<BR>statute, that is enacted before January 1, 2014, deletes or extends<BR>that date.<BR> SEC. 5. Section 5090 of the Business and Professions Code is<BR>amended to read:<BR> 5090. <STRIKE> (a) </STRIKE> <STRIKE> </STRIKE> An applicant for<BR>the certified public accountant license shall comply with the<BR>education, examination, and experience requirements in either Section<BR>5092 or 5093. <STRIKE><BR> (b) Notwithstanding subdivision (a), an applicant who applied,<BR>qualified, and sat for at least two subjects of the examination for<BR>the certified public accountant license before May 15, 2002, may<BR>complete the examination and qualify for licensure based on the<BR>requirements in Sections 5081.1, 5082, 5082.2, 5083, 5084, and<BR>applicable regulations adopted by the board that were in effect on<BR>December 31, 2001, or comparable examination requirements adopted by<BR>the board in the event the form or format of the examination changes,<BR>provided the applicant qualifies and applies for licensure before<BR>January 1, 2010. </STRIKE><BR> SEC. 6. Section 5109 of the Business and Professions Code is<BR>amended to read:<BR> 5109. The expiration, cancellation, forfeiture, or suspension of<BR>a license, practice <STRIKE> , </STRIKE> privilege, or other<BR>authority to practice public accountancy by operation of law or by<BR>order or decision of the board or a court of law, or the voluntary<BR>surrender of a license by a licensee shall not deprive the board of<BR>jurisdiction to commence or proceed with any investigation of or<BR>action or disciplinary proceeding against the licensee, or to render<BR>a decision suspending or revoking the license.<BR> SEC. 7. Section 5109.5 of the Business and Professions Code is<BR>repealed. <STRIKE><BR> 5109.5. The board shall report to the Legislature by September 1,<BR>2003, on problems associated with policing and disciplining those<BR>accountants who violate Section 5100 or other provisions of this<BR>chapter and who are employed by a large public accounting firm. The<BR>board shall look critically at their enforcement budget and identify<BR>costs of investigation and prosecution of these disciplinary actions<BR>and propose ways to cover costs of handling these types of cases.<BR></STRIKE><BR> SEC. 8. Section 5120 of the Business and Professions Code is<BR>amended to read:<BR> 5120. Any person who violates Article 3 (commencing with Section<BR>5050) is guilty of a misdemeanor, punishable by imprisonment for not<BR>more than six months, or by a fine of not more than one thousand<BR>dollars ($1,000), or both.<BR> Whenever the board has reason to believe that any person is liable<BR>to punishment under this article, the board or with its approval the<BR><STRIKE> administrative </STRIKE> <EM> enforcement advisory </EM><BR>committee, may certify the facts to the appropriate enforcement<BR>officer of the city or county where the alleged violation had taken<BR>place and the officer may cause appropriate proceedings to be<BR>brought.<BR> SEC. 9. Section 5122 of the Business and Professions Code is<BR>amended to read:<BR> 5122. Whenever in the judgment of the board, or with its approval<BR>the <STRIKE> administrative </STRIKE> <EM> enforcement advisory<BR></EM> committee, any person has engaged, or is about to engage, in<BR>any acts or practices <STRIKE> which </STRIKE> <EM> that </EM><BR>constitute, or will constitute, an offense against this chapter, the<BR>board may make application to the appropriate court for an order<BR>enjoining the acts or practices, and upon showing by the board that<BR>the person has engaged, or is about to engage, in any such acts or<BR>practices, an injunction, restraining order, or other order that may<BR>be appropriate shall be granted by the court.<BR> SEC. 10. Section 7028.6 of the Business and Professions Code is<BR>amended to read:<BR> 7028.6. The Registrar of Contractors is hereby empowered to issue<BR>citations containing orders of abatement and civil penalties against<BR>persons acting in the capacity of or engaging in the business of a<BR>contractor within this state without having a license in good<BR>standing to so act or engage <STRIKE> or a failure to maintain the<BR>notice required in Section 7048 </STRIKE> .<BR> SEC. 11. Section 7028.7 of the Business and Professions Code is<BR>amended to read:<BR> 7028.7. (a) If upon inspection or investigation, either upon<BR>complaint or otherwise, the registrar has probable cause to believe<BR>that a person is acting in the capacity of or engaging in the<BR>business of a contractor or salesperson within this state without<BR>having a license or registration in good standing to so act or<BR>engage, and the person is not otherwise exempted from this chapter,<BR>the registrar shall issue a citation to that person.<BR> (b) Within 72 hours of receiving notice that a public entity is<BR>intending to award, or has awarded, a contract to an unlicensed<BR>contractor, the registrar shall give written notice to the public<BR>entity that a citation may be issued if a contract is awarded to an<BR>unlicensed contractor. If after receiving the written notice from the<BR>registrar that the public entity has awarded or awards the contract<BR>to an unlicensed contractor, the registrar may issue a citation to<BR>the responsible officer or employee of the public entity as specified<BR>in Section 7028.15.<BR> (c) Each citation shall be in writing and shall describe with<BR>particularity the basis of the citation. <STRIKE> Each </STRIKE> <EM><BR>Notwithstanding Sections 125.9 and 148, each </EM> citation shall<BR>contain an order of abatement and an assessment of a civil penalty in<BR>an amount not less than two hundred dollars ($200) nor more than<BR>fifteen thousand dollars ($15,000).<BR> (d) With the approval of the Contractors' State License Board, the<BR>registrar shall prescribe procedures for the issuance of a citation<BR>under this section. The <STRIKE> Contractors' State License Board<BR></STRIKE> <EM> board </EM> shall adopt regulations covering the<BR>assessment of a civil penalty that shall give due consideration to<BR>the gravity of the violation, and any history of previous violations.<BR><BR> (e) The sanctions authorized under this section shall be separate<BR>from, and in addition to, all other remedies either civil or<BR>criminal.<BR> SEC. 12. Section 7028.9 of the Business and Professions Code is<BR>amended to read:<BR> 7028.9. A citation under Section 7028.7 shall be issued by the<BR>registrar within four years after the act or omission that is the<BR>basis for the citation <EM> or within 18 months after the date of the<BR>filing of the complaint with the registrar, whichever is later </EM><BR>.<BR> SEC. 13. Section 7058.5 of the Business and Professions Code is<BR>amended to read:<BR> 7058.5. (a) No contractor shall engage in asbestos-related work,<BR>as defined in Section 6501.8 of the Labor Code, <STRIKE> which<BR></STRIKE> <EM> that </EM> involves 100 square feet or more of surface<BR>area of asbestos containing materials, unless the qualifier for the<BR>license passes an asbestos certification examination. Additional<BR>updated asbestos certification examinations may be required based on<BR>new health and safety information. The decision on whether to require<BR>an updated certification examination shall be made by the<BR>Contractors' State License Board, in consultation with the Division<BR>of Occupational Safety and Health in the Department of Industrial<BR>Relations and the <STRIKE> State Department of Health Services<BR></STRIKE> <EM> Division of Environmental and Occupational Disease<BR>Control in the State Dep </EM> <EM> artment of Public Health </EM> .<BR> No asbestos certification examination shall be required for<BR>contractors involved with the installation, maintenance, and repair<BR>of asbestos cement pipe or sheets, vinyl asbestos floor materials, or<BR>asbestos bituminous or resinous materials.<BR> "Asbestos <EM> , </EM> " as used in this section, has the same<BR>meaning as defined in Section 6501.7 of the Labor Code.<BR> (b) The Contractors' State License Board shall <STRIKE> develop,<BR>and deliver </STRIKE> <EM> make available</EM> to all applicants<BR><STRIKE> with the request for bond and fee </STRIKE> <EM> , either on<BR>the board's Internet Web site or, if requested, in hard copy </EM> ,<BR>a booklet containing information relative to handling and disposal<BR>of asbestos, together with an open book examination concerning<BR>asbestos-related work. All applicants for an initial contractor's<BR>license <STRIKE> and all applicants filing a delinquent renewal<BR>application who have not previously completed the open book<BR>examination </STRIKE> shall complete <STRIKE> and sign </STRIKE> the<BR>open book examination and <EM> , prior to the issuance of a<BR>contractor's license, </EM> submit it to the <STRIKE> Contractors'<BR>State License Board with the required renewal or bond and fee<BR></STRIKE> <EM> board electronically or by mail if the applicant<BR>elects to use the hard-copy format </EM> .<BR> SEC. 14. Section 7099.2 of the Business and Professions Code is<BR>amended to read:<BR> 7099.2. (a) The board shall promulgate regulations covering the<BR>assessment of civil penalties under this article <STRIKE> which<BR></STRIKE> <EM> that </EM> give due consideration to the<BR>appropriateness of the penalty with respect to the following factors:<BR><BR> (1) The gravity of the violation.<BR> (2) The good faith of the licensee or applicant for licensure<BR>being charged.<BR> (3) The history of previous violations.<BR> (b) Except as otherwise provided by this chapter, no civil penalty<BR>shall be assessed in an amount greater than five thousand dollars<BR>($5,000). <STRIKE> A </STRIKE> <EM> Notwithstanding Section 125.9, a<BR></EM> civil penalty not to exceed fifteen thousand dollars ($15,000)<BR>may be assessed for a violation of Section 7114 or 7118.<BR> SEC. 15. Section 7110 of the Business and Professions Code is<BR>amended to read:<BR> 7110. Willful or deliberate disregard and violation of the<BR>building laws of the state, or of any political subdivision thereof,<BR>or of Section <STRIKE> 8505 </STRIKE> <EM> 8550 </EM> or 8556 of this<BR>code, or of Sections 1689.5 to <STRIKE> 1689.8, inclusive, or<BR>Sections 1689.10 to 1689.13 </STRIKE> <EM> 1689.15 </EM> , inclusive,<BR>of the Civil Code, or of the safety laws or labor laws or<BR>compensation insurance laws or Unemployment Insurance Code of the<BR>state, <EM> or of the Subletting and Subcontracting Fair Practices<BR>Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2<BR>of the Public Contract Code), </EM> or violation by any licensee of<BR>any provision of the Health and Safety Code or Water Code, relating<BR>to the digging, boring, or drilling of water wells, or Article 2<BR>(commencing with Section 4216) of Chapter 3.1 of Division 5 of Title<BR>1 of the Government Code, constitutes a cause for disciplinary<BR>action.<BR> SEC. 16. Section 7210.7 of the Business and Professions Code is<BR>amended to read: <STRIKE><BR> 7210.7. The board may authorize schools licensed by the board or<BR>instructors employed by those schools to provide home training in the<BR>use of guide dogs.<BR> If a school desires to provide home training in the use of guide<BR>dogs, it shall apply to the board and provide the board with a<BR>written plan and procedure for conducting that home training, which<BR>shall be approved by the board prior to conducting any home training.<BR></STRIKE><BR> <EM> 7210.7. </EM> <EM> Schools and instructors licensed by the<BR>board may provide home training in the use of guide dogs. </EM><BR> Schools <EM> and instructors </EM> providing home training in the<BR>use of guide dogs shall, annually, provide the board with the names<BR>and addresses of those persons who are receiving home training and<BR>shall include those persons who have received home training from the<BR>school <EM> or </EM> <EM> instructor </EM> subsequent to the last<BR>report filed with the board. <STRIKE><BR> The guide dog user, as a condition of receiving home training,<BR>shall have completed a formal in-residence training program from a<BR>school licensed by the board to provide guide dog training, or from a<BR>school recognized by another state to provide guide dog training.<BR></STRIKE> <STRIKE><BR> The requirement for a formal in-residence training program from a<BR>school licensed by the board may be waived by the school when that<BR>requirement imposes an undue hardship on the guide dog user.<BR></STRIKE> <STRIKE><BR> Home training, as provided in this section, shall consist of not<BR>less than 20 hours of training. </STRIKE> <STRIKE><BR> This section shall only apply to those schools that are licensed<BR>by the board to furnish guide dogs and to train persons to use guide<BR>dogs, who desire to provide home training in the use of guide dogs,<BR>and who apply to the board for approval to provide that home<BR>training. </STRIKE><BR> SEC. 17. Section 7316 of the Business and Professions Code is<BR>amended to read:<BR> 7316. (a) The practice of barbering is all or any combination of<BR>the following practices:<BR> (1) Shaving or trimming the beard or cutting the hair.<BR> (2) Giving facial and scalp massages or treatments with oils,<BR>creams, lotions, or other preparations either by hand or mechanical<BR>appliances.<BR> (3) Singeing, shampooing, arranging, dressing, curling, waving,<BR>chemical waving, hair relaxing, or dyeing the hair or applying hair<BR>tonics.<BR> (4) Applying cosmetic preparations, antiseptics, powders, oils,<BR>clays, or lotions to scalp, face, or neck.<BR> (5) Hairstyling of all textures of hair by standard methods that<BR>are current at the time of the hairstyling.<BR> (b) The practice of cosmetology is all or any combination of the<BR>following practices:<BR> (1) Arranging, dressing, curling, waving, machineless permanent<BR>waving, permanent waving, cleansing, cutting, shampooing, relaxing,<BR>singeing, bleaching, tinting, coloring, straightening, dyeing,<BR>applying hair tonics to, beautifying, or otherwise treating by any<BR>means, the hair of any person.<BR> (2) Massaging, cleaning, or stimulating the scalp, face, neck,<BR>arms, or upper part of the human body, by means of the hands,<BR>devices, apparatus or appliances, with or without the use of cosmetic<BR>preparations, antiseptics, tonics, lotions, or creams.<BR> (3) Beautifying the face, neck, arms, or upper part of the human<BR>body, by use of cosmetic preparations, antiseptics, tonics, lotions,<BR>or creams.<BR> (4) Removing superfluous hair from the body of any person by the<BR>use of depilatories or by the use of tweezers, chemicals, or<BR>preparations or by the use of devices or appliances of any kind or<BR>description, except by the use of light waves, commonly known as<BR>rays.<BR> (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or<BR>manicuring the nails of any person.<BR> (6) Massaging, cleansing, treating, or beautifying the hands or<BR>feet of any person.<BR> (c) Within the practice of cosmetology there exist the specialty<BR>branches of skin care and nail care.<BR> (1) Skin care is any one or more of the following practices:<BR> (A) Giving facials, applying makeup, giving skin care, removing<BR>superfluous hair from the body of any person by the use of<BR>depilatories, tweezers or waxing, or applying eyelashes to any<BR>person.<BR> (B) Beautifying the face, neck, arms, or upper part of the human<BR>body, by use of cosmetic preparations, antiseptics, tonics, lotions,<BR>or creams.<BR> (C) Massaging, cleaning, or stimulating the face, neck, arms, or<BR>upper part of the human body, by means of the hands, devices,<BR>apparatus, or appliances, with the use of cosmetic preparations,<BR>antiseptics, tonics, lotions, or creams.<BR> (2) Nail care is the practice of cutting, trimming, polishing,<BR>coloring, tinting, cleansing, <STRIKE> or </STRIKE> manicuring <EM> ,<BR>or pedicuring </EM> the nails of any person or massaging, cleansing,<BR>or beautifying <STRIKE> the hands or feet </STRIKE> <EM> from the<BR>elbow to the finger </EM> <EM> tips or the knee to the toes </EM> of<BR>any person.<BR> (d) The practice of barbering and the practice of cosmetology do<BR>not include any of the following:<BR> (1) The mere sale, fitting, or styling of wigs or hairpieces.<BR> (2) Natural hair braiding. Natural hair braiding is a service that<BR>results in tension on hair strands or roots by twisting, wrapping,<BR>weaving, extending, locking, or braiding by hand or mechanical<BR>device, provided that the service does not include haircutting or the<BR>application of dyes, reactive chemicals, or other preparations to<BR>alter the color of the hair or to straighten, curl, or alter the<BR>structure of the hair.<BR> (3) Threading. Threading is a technique that results in removing<BR>hair by twisting thread around unwanted hair and pulling it from the<BR>skin and the incidental trimming of eyebrow hair.<BR> (e) Notwithstanding paragraph (2) of subdivision (d), a person who<BR>engages in natural hairstyling, which is defined as the provision of<BR>natural hair braiding services together with any of the services or<BR>procedures defined within the regulated practices of barbering or<BR>cosmetology, is subject to regulation pursuant to this chapter and<BR>shall obtain and maintain a barbering or cosmetology license as<BR>applicable to the services respectively offered or performed.<BR> (f) Electrolysis is the practice of removing hair from, or<BR>destroying hair on, the human body by the use of an electric needle<BR>only.<BR> "Electrolysis" as used in this chapter includes electrolysis or<BR>thermolysis.<BR> SEC. 18. Section 7317 of the Business and Professions Code is<BR>amended to read:<BR> 7317. Except as provided in this article, it is unlawful for any<BR>person, firm, or corporation to engage in barbering, cosmetology, or<BR>electrolysis for compensation without a valid, unexpired license<BR>issued by the board, or in an establishment or mobile unit other than<BR>one licensed by the board, or conduct or operate an establishment,<BR>or any other place of business in which barbering, cosmetology, or<BR>electrolysis is practiced unless licensed under this chapter. Persons<BR>licensed under this chapter shall limit their practice and services<BR>rendered to the public to only those areas for which they are<BR>licensed. Any violation of this section is <EM> subject to an<BR>administrative fine and may be subjec </EM> <EM> t to </EM> a<BR>misdemeanor.<BR> SEC. 19. Section 7320.1 of the Business and Professions Code is<BR>amended to read:<BR> 7320.1. When providing a manicure or pedicure, no metal<BR>instruments shall be used except those metal instruments necessary<BR>for the cutting, trimming, manicuring, or pedicuring of nails or<BR>cuticles <EM> or for the smoothing and massaging of the hands and<BR>feet </EM> .<BR> SEC. 20. Section 7352 of the Business and Professions Code is<BR>amended to read:<BR> 7352. Every establishment shall provide adequate and convenient<BR>handwashing facilities, including running water, soap <EM> , </EM><BR>and <STRIKE> approved sanitary </STRIKE> towels <EM> or air hand<BR>dryers </EM> .<BR> SEC. 21. Section 7410 of the Business and Professions Code is<BR>amended to read:<BR> 7410. Persons to whom a notice of violation or a citation is<BR>issued and an administrative fine assessed may appeal the citation to<BR>a disciplinary review committee established by the board. All<BR>appeals shall be submitted in writing to the program within 30 days<BR>of the date the citation was issued. Appeals of citations that are<BR>not submitted in a timely manner shall be rejected.<BR> After a timely appeal has been filed with the program, the<BR>administrative fine, if any, shall be stayed until the appeal has<BR>been adjudicated.<BR> Persons appealing a citation, or their appointed representatives,<BR><STRIKE> shall </STRIKE> <EM> may </EM> appear in person before the<BR>disciplinary review committee. The appellant may present written or<BR>oral evidence relating to the facts and circumstances relating to the<BR>citation that was issued. Following an appeal <STRIKE> before<BR></STRIKE> <EM> to </EM> a disciplinary review committee, the<BR>disciplinary review committee shall issue a decision, based on<BR>findings of fact, which may affirm, reduce, dismiss, or alter any<BR>charges filed in the citation. In no event shall the administrative<BR>fine be increased. The appellant shall be provided with a written<BR>copy of the disciplinary review committee's decision relating<BR> to the appeal.<BR> SEC. 22. Section 11126 of the Government Code is amended to read:<BR> 11126. (a) (1) Nothing in this article shall be construed to<BR>prevent a state body from holding closed sessions during a regular or<BR>special meeting to consider the appointment, employment, evaluation<BR>of performance, or dismissal of a public employee or to hear<BR>complaints or charges brought against that employee by another person<BR>or employee unless the employee requests a public hearing.<BR> (2) As a condition to holding a closed session on the complaints<BR>or charges to consider disciplinary action or to consider dismissal,<BR>the employee shall be given written notice of his or her right to<BR>have a public hearing, rather than a closed session, and that notice<BR>shall be delivered to the employee personally or by mail at least 24<BR>hours before the time for holding a regular or special meeting. If<BR>notice is not given, any disciplinary or other action taken against<BR>any employee at the closed session shall be null and void.<BR> (3) The state body also may exclude from any public or closed<BR>session, during the examination of a witness, any or all other<BR>witnesses in the matter being investigated by the state body.<BR> (4) Following the public hearing or closed session, the body may<BR>deliberate on the decision to be reached in a closed session.<BR> (b) For the purposes of this section, "employee" does not include<BR>any person who is elected to, or appointed to a public office by, any<BR>state body. However, officers of the California State University who<BR>receive compensation for their services, other than per diem and<BR>ordinary and necessary expenses, shall, when engaged in that<BR>capacity, be considered employees. Furthermore, for purposes of this<BR>section, the term employee includes a person exempt from civil<BR>service pursuant to subdivision (e) of Section 4 of Article VII of<BR>the California Constitution.<BR> (c) Nothing in this article shall be construed to do any of the<BR>following:<BR> (1) Prevent state bodies that administer the licensing of persons<BR>engaging in businesses or professions from holding closed sessions to<BR>prepare, approve, grade, or administer examinations.<BR> (2) Prevent an advisory body of a state body that administers the<BR>licensing of persons engaged in businesses or professions from<BR>conducting a closed session to discuss matters that the advisory body<BR>has found would constitute an unwarranted invasion of the privacy of<BR>an individual licensee or applicant if discussed in an open meeting,<BR>provided the advisory body does not include a quorum of the members<BR>of the state body it advises. Those matters may include review of an<BR>applicant's qualifications for licensure and an inquiry specifically<BR>related to the state body's enforcement program concerning an<BR>individual licensee or applicant where the inquiry occurs prior to<BR>the filing of a civil, criminal, or administrative disciplinary<BR>action against the licensee or applicant by the state body.<BR> (3) Prohibit a state body from holding a closed session to<BR>deliberate on a decision to be reached in a proceeding required to be<BR>conducted pursuant to Chapter 5 (commencing with Section 11500) or<BR>similar provisions of law.<BR> (4) Grant a right to enter any correctional institution or the<BR>grounds of a correctional institution where that right is not<BR>otherwise granted by law, nor shall anything in this article be<BR>construed to prevent a state body from holding a closed session when<BR>considering and acting upon the determination of a term, parole, or<BR>release of any individual or other disposition of an individual case,<BR>or if public disclosure of the subjects under discussion or<BR>consideration is expressly prohibited by statute.<BR> (5) Prevent any closed session to consider the conferring of<BR>honorary degrees, or gifts, donations, and bequests that the donor or<BR>proposed donor has requested in writing to be kept confidential.<BR> (6) Prevent the Alcoholic Beverage Control Appeals Board from<BR>holding a closed session for the purpose of holding a deliberative<BR>conference as provided in Section 11125.<BR> (7) (A) Prevent a state body from holding closed sessions with its<BR>negotiator prior to the purchase, sale, exchange, or lease of real<BR>property by or for the state body to give instructions to its<BR>negotiator regarding the price and terms of payment for the purchase,<BR>sale, exchange, or lease.<BR> (B) However, prior to the closed session, the state body shall<BR>hold an open and public session in which it identifies the real<BR>property or real properties that the negotiations may concern and the<BR>person or persons with whom its negotiator may negotiate.<BR> (C) For purposes of this paragraph, the negotiator may be a member<BR>of the state body.<BR> (D) For purposes of this paragraph, "lease" includes renewal or<BR>renegotiation of a lease.<BR> (E) Nothing in this paragraph shall preclude a state body from<BR>holding a closed session for discussions regarding eminent domain<BR>proceedings pursuant to subdivision (e).<BR> (8) Prevent the California Postsecondary Education Commission from<BR>holding closed sessions to consider matters pertaining to the<BR>appointment or termination of the Director of the California<BR>Postsecondary Education Commission.<BR> (9) Prevent the Council for Private Postsecondary and Vocational<BR>Education from holding closed sessions to consider matters pertaining<BR>to the appointment or termination of the Executive Director of the<BR>Council for Private Postsecondary and Vocational Education.<BR> (10) Prevent the Franchise Tax Board from holding closed sessions<BR>for the purpose of discussion of confidential tax returns or<BR>information the public disclosure of which is prohibited by law, or<BR>from considering matters pertaining to the appointment or removal of<BR>the Executive Officer of the Franchise Tax Board.<BR> (11) Require the Franchise Tax Board to notice or disclose any<BR>confidential tax information considered in closed sessions, or<BR>documents executed in connection therewith, the public disclosure of<BR>which is prohibited pursuant to Article 2 (commencing with Section<BR>19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and<BR>Taxation Code.<BR> (12) Prevent the Corrections Standards Authority from holding<BR>closed sessions when considering reports of crime conditions under<BR>Section 6027 of the Penal Code.<BR> (13) Prevent the State Air Resources Board from holding closed<BR>sessions when considering the proprietary specifications and<BR>performance data of manufacturers.<BR> (14) Prevent the State Board of Education or the Superintendent of<BR>Public Instruction, or any committee advising the board or the<BR>Superintendent, from holding closed sessions on those portions of its<BR>review of assessment instruments pursuant to Chapter 5 (commencing<BR>with Section 60600) of, or pursuant to Chapter 9 (commencing with<BR>Section 60850) of, Part 33 of Division 4 of Title 2 of the Education<BR>Code during which actual test content is reviewed and discussed. The<BR>purpose of this provision is to maintain the confidentiality of the<BR>assessments under review.<BR> (15) Prevent the California Integrated Waste Management Board or<BR>its auxiliary committees from holding closed sessions for the purpose<BR>of discussing confidential tax returns, discussing trade secrets or<BR>confidential or proprietary information in its possession, or<BR>discussing other data, the public disclosure of which is prohibited<BR>by law.<BR> (16) Prevent a state body that invests retirement, pension, or<BR>endowment funds from holding closed sessions when considering<BR>investment decisions. For purposes of consideration of shareholder<BR>voting on corporate stocks held by the state body, closed sessions<BR>for the purposes of voting may be held only with respect to election<BR>of corporate directors, election of independent auditors, and other<BR>financial issues that could have a material effect on the net income<BR>of the corporation. For the purpose of real property investment<BR>decisions that may be considered in a closed session pursuant to this<BR>paragraph, a state body shall also be exempt from the provisions of<BR>paragraph (7) relating to the identification of real properties prior<BR>to the closed session.<BR> (17) Prevent a state body, or boards, commissions, administrative<BR>officers, or other representatives that may properly be designated by<BR>law or by a state body, from holding closed sessions with its<BR>representatives in discharging its responsibilities under Chapter 10<BR>(commencing with Section 3500), Chapter 10.3 (commencing with Section<BR>3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7<BR>(commencing with Section 3540) of Division 4 of Title 1 as the<BR>sessions relate to salaries, salary schedules, or compensation paid<BR>in the form of fringe benefits. For the purposes enumerated in the<BR>preceding sentence, a state body may also meet with a state<BR>conciliator who has intervened in the proceedings.<BR> (18) (A) Prevent a state body from holding closed sessions to<BR>consider matters posing a threat or potential threat of criminal or<BR>terrorist activity against the personnel, property, buildings,<BR>facilities, or equipment, including electronic data, owned, leased,<BR>or controlled by the state body, where disclosure of these<BR>considerations could compromise or impede the safety or security of<BR>the personnel, property, buildings, facilities, or equipment,<BR>including electronic data, owned, leased, or controlled by the state<BR>body.<BR> (B) Notwithstanding any other provision of law, a state body, at<BR>any regular or special meeting, may meet in a closed session pursuant<BR>to subparagraph (A) upon a two-thirds vote of the members present at<BR>the meeting.<BR> (C) After meeting in closed session pursuant to subparagraph (A),<BR>the state body shall reconvene in open session prior to adjournment<BR>and report that a closed session was held pursuant to subparagraph<BR>(A), the general nature of the matters considered, and whether any<BR>action was taken in closed session.<BR> (D) After meeting in closed session pursuant to subparagraph (A),<BR>the state body shall submit to the Legislative Analyst written<BR>notification stating that it held this closed session, the general<BR>reason or reasons for the closed session, the general nature of the<BR>matters considered, and whether any action was taken in closed<BR>session. The Legislative Analyst shall retain for no less than four<BR>years any written notification received from a state body pursuant to<BR>this subparagraph.<BR> (d) (1) Notwithstanding any other provision of law, any meeting of<BR>the Public Utilities Commission at which the rates of entities under<BR>the commission's jurisdiction are changed shall be open and public.<BR> (2) Nothing in this article shall be construed to prevent the<BR>Public Utilities Commission from holding closed sessions to<BR>deliberate on the institution of proceedings, or disciplinary actions<BR>against any person or entity under the jurisdiction of the<BR>commission.<BR> (e) (1) Nothing in this article shall be construed to prevent a<BR>state body, based on the advice of its legal counsel, from holding a<BR>closed session to confer with, or receive advice from, its legal<BR>counsel regarding pending litigation when discussion in open session<BR>concerning those matters would prejudice the position of the state<BR>body in the litigation.<BR> (2) For purposes of this article, all expressions of the<BR>lawyer-client privilege other than those provided in this subdivision<BR>are hereby abrogated. This subdivision is the exclusive expression<BR>of the lawyer-client privilege for purposes of conducting closed<BR>session meetings pursuant to this article. For purposes of this<BR>subdivision, litigation shall be considered pending when any of the<BR>following circumstances exist:<BR> (A) An adjudicatory proceeding before a court, an administrative<BR>body exercising its adjudicatory authority, a hearing officer, or an<BR>arbitrator, to which the state body is a party, has been initiated<BR>formally.<BR> (B) (i) A point has been reached where, in the opinion of the<BR>state body on the advice of its legal counsel, based on existing<BR>facts and circumstances, there is a significant exposure to<BR>litigation against the state body.<BR> (ii) Based on existing facts and circumstances, the state body is<BR>meeting only to decide whether a closed session is authorized<BR>pursuant to clause (i).<BR> (C) (i) Based on existing facts and circumstances, the state body<BR>has decided to initiate or is deciding whether to initiate<BR>litigation.<BR> (ii) The legal counsel of the state body shall prepare and submit<BR>to it a memorandum stating the specific reasons and legal authority<BR>for the closed session. If the closed session is pursuant to<BR>paragraph (1), the memorandum shall include the title of the<BR>litigation. If the closed session is pursuant to subparagraph (A) or<BR>(B), the memorandum shall include the existing facts and<BR>circumstances on which it is based. The legal counsel shall submit<BR>the memorandum to the state body prior to the closed session, if<BR>feasible, and in any case no later than one week after the closed<BR>session. The memorandum shall be exempt from disclosure pursuant to<BR>Section 6254.25.<BR> (iii) For purposes of this subdivision, "litigation" includes any<BR>adjudicatory proceeding, including eminent domain, before a court,<BR>administrative body exercising its adjudicatory authority, hearing<BR>officer, or arbitrator.<BR> (iv) Disclosure of a memorandum required under this subdivision<BR>shall not be deemed as a waiver of the lawyer-client privilege, as<BR>provided for under Article 3 (commencing with Section 950) of Chapter<BR>4 of Division 8 of the Evidence Code.<BR> (f) In addition to subdivisions (a), (b), and (c), nothing in this<BR>article shall be construed to do any of the following:<BR> (1) Prevent a state body operating under a joint powers agreement<BR>for insurance pooling from holding a closed session to discuss a<BR>claim for the payment of tort liability or public liability losses<BR>incurred by the state body or any member agency under the joint<BR>powers agreement.<BR> (2) Prevent the examining committee established by the State Board<BR>of Forestry and Fire Protection, pursuant to Section 763 of the<BR>Public Resources Code, from conducting a closed session to consider<BR>disciplinary action against an individual professional forester prior<BR>to the filing of an accusation against the forester pursuant to<BR>Section 11503.<BR> (3) Prevent <STRIKE> an administrative </STRIKE> <EM> the<BR>enforcement advisory </EM> committee established by the California<BR>Board of Accountancy pursuant to Section 5020 of the Business and<BR>Professions Code from conducting a closed session to consider<BR>disciplinary action against an individual accountant prior to the<BR>filing of an accusation against the accountant pursuant to Section<BR>11503. Nothing in this article shall be construed to prevent <STRIKE><BR>an examining </STRIKE> <EM> the qualifications</EM> committee<BR>established by the California Board of Accountancy pursuant to<BR>Section 5023 of the Business and Professions Code from conducting a<BR>closed hearing to interview an individual applicant or accountant<BR>regarding the applicant's qualifications.<BR> (4) Prevent a state body, as defined in subdivision (b) of Section<BR>11121, from conducting a closed session to consider any matter that<BR>properly could be considered in closed session by the state body<BR>whose authority it exercises.<BR> (5) Prevent a state body, as defined in subdivision (d) of Section<BR>11121, from conducting a closed session to consider any matter that<BR>properly could be considered in a closed session by the body defined<BR>as a state body pursuant to subdivision (a) or (b) of Section 11121.<BR> (6) Prevent a state body, as defined in subdivision (c) of Section<BR>11121, from conducting a closed session to consider any matter that<BR>properly could be considered in a closed session by the state body it<BR>advises.<BR> (7) Prevent the State Board of Equalization from holding closed<BR>sessions for either of the following:<BR> (A) When considering matters pertaining to the appointment or<BR>removal of the Executive Secretary of the State Board of<BR>Equalization.<BR> (B) For the purpose of hearing confidential taxpayer appeals or<BR>data, the public disclosure of which is prohibited by law.<BR> (8) Require the State Board of Equalization to disclose any action<BR>taken in closed session or documents executed in connection with<BR>that action, the public disclosure of which is prohibited by law<BR>pursuant to Sections 15619 and 15641 of this code and Sections 833,<BR>7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,<BR>46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.<BR> (9) Prevent the California Earthquake Prediction Evaluation<BR>Council, or other body appointed to advise the Director of the Office<BR>of Emergency Services or the Governor concerning matters relating to<BR>volcanic or earthquake predictions, from holding closed sessions<BR>when considering the evaluation of possible predictions.<BR> (g) This article does not prevent either of the following:<BR> (1) The Teachers' Retirement Board or the Board of Administration<BR>of the Public Employees' Retirement System from holding closed<BR>sessions when considering matters pertaining to the recruitment,<BR>appointment, employment, or removal of the chief executive officer or<BR>when considering matters pertaining to the recruitment or removal of<BR>the Chief Investment Officer of the State Teachers' Retirement<BR>System or the Public Employees' Retirement System.<BR> (2) The Commission on Teacher Credentialing from holding closed<BR>sessions when considering matters relating to the recruitment,<BR>appointment, or removal of its executive director.<BR> (h) This article does not prevent the Board of Administration of<BR>the Public Employees' Retirement System from holding closed sessions<BR>when considering matters relating to the development of rates and<BR>competitive strategy for plans offered pursuant to Chapter 15<BR>(commencing with Section 21660) of Part 3 of Division 5 of Title 2.<BR> (i) This article does not prevent the Managed Risk Medical<BR>Insurance Board from holding closed sessions when considering matters<BR>related to the development of rates and contracting strategy for<BR>entities contracting or seeking to contract with the board pursuant<BR>to Part 6.2 (commencing with Section 12693), Part 6.3 (commencing<BR>with Section 12695), Part 6.4 (commencing with Section 12699.50), or<BR>Part 6.5 (commencing with Section 12700) of Division 2 of the<BR>Insurance Code.<BR> (j) Nothing in this article shall be construed to prevent the<BR>board of the State Compensation Insurance Fund from holding closed<BR>sessions in the following:<BR> (1) When considering matters related to claims pursuant to Chapter<BR>1 (commencing with Section 3200) of Division 4 of the Labor Code, to<BR>the extent that confidential medical information or other<BR>individually identifiable information would be disclosed.<BR> (2) To the extent that matters related to audits and<BR>investigations that have not been completed would be disclosed.<BR> (3) To the extent that an internal audit containing proprietary<BR>information would be disclosed.<BR> (4) To the extent that the session would address the development<BR>of rates, contracting strategy, underwriting, or competitive<BR>strategy, pursuant to the powers granted to the board in Chapter 4<BR>(commencing with Section 11770) of Part 3 of Division 2 of the<BR>Insurance Code, when discussion in open session concerning those<BR>matters would prejudice the position of the State Compensation<BR>Insurance Fund.<BR> (k) The State Compensation Insurance Fund shall comply with the<BR>procedures specified in Section 11125.4 of the Government Code with<BR>respect to any closed session or meeting authorized by subdivision<BR>(j), and in addition shall provide an opportunity for a member of the<BR>public to be heard on the issue of the appropriateness of closing<BR>the meeting or session.<BR> SEC. 23. Section 7054.6 of the Health and Safety Code is amended<BR>to read:<BR> 7054.6. (a) <STRIKE> Cremated </STRIKE> <EM> Except as provided<BR>in subdivision (b), cremated </EM> remains may be removed in a<BR>durable container from the place of cremation or interment and kept<BR>in <EM> or on </EM> the <STRIKE> dwelling </STRIKE> <EM> real<BR>property </EM> owned or occupied by <STRIKE> the person having the<BR>right to control disposition of the remains under </STRIKE> <EM> a<BR>person described in </EM> Section 7100, <EM> with the permission of<BR>the person with the right to disposition, </EM> or the durable<BR>container holding the cremated remains may be kept in a church or<BR>religious shrine, if written permission of the church or religious<BR>shrine is obtained and there is no conflict with local use permit<BR>requirements or zoning laws, if the removal is under the authority of<BR>a permit for disposition granted under Section 103060. The<BR>placement, in any place, of six or more cremated remains under this<BR>section does not constitute the place a cemetery, as defined in<BR>Section 7003. <EM><BR> (b) Notwithstanding any other provision of law, cremated remains<BR>may be placed in one or more keepsake urns, in an amount not to<BR>exceed one cubic centimeter for each keepsake urn. Keepsake urns<BR>shall be kept as authorized by the person or persons with the right<BR>to control disposition pursuant to Section 7100, provided that a<BR>permit for disposition of human remains pursuant to Section 103060 is<BR>issued by the local registrar for each keepsake urn designating the<BR>home address of each person receiving a keepsake urn and a permit fee<BR>pursuant to Section 103065 is paid. No keepsake urn shall be subject<BR>to Section 8345. </EM> <STRIKE><BR> (b) </STRIKE><BR> <EM> (c) </EM> Prior to disposition of cremated remains, every<BR>licensee or registrant pursuant to Chapter 12 (commencing with<BR>Section 7600) or Chapter 19 (commencing with Section 9600) of<BR>Division 3 of the Business and Professions Code, and the agents and<BR>employees of the licensee or registrant shall do all of the<BR>following:<BR> (1) Remove the cremated remains from the place of cremation in a<BR>durable container.<BR> (2) Keep the cremated remains in a durable container.<BR> (3) Store the cremated remains in a place free from exposure to<BR>the elements.<BR> (4) Responsibly maintain the cremated remains.<BR> SEC. 24. Section 8340 of the Health and Safety Code is repealed.<BR><STRIKE><BR> 8340. No crematory shall conduct, or shall hereafter be<BR>constructed, established, or authorized to conduct, any business<BR>unless there is in connection therewith in the same fireproof<BR>building or structure or in a separate fireproof building within the<BR>same cemetery, either:<BR> A columbarium, a burial park or mausoleum amply equipped at all<BR>times for the interment of remains of bodies cremated at the<BR>crematory. </STRIKE><BR> SEC. 25. Section 8344 of the Health and Safety Code is amended to<BR>read:<BR> 8344. A crematory shall maintain an identification system<BR>allowing identification of each decedent beginning from the time the<BR>crematory accepts delivery of human remains until the point at which<BR>it releases the cremated remains to a third party. After cremation,<BR>an identifying disk, tab, or other permanent label shall be placed<BR>within the urn or cremated remains container before the cremated<BR>remains are released from the crematory. Each identification disk,<BR>tab, or label shall<EM> contain the license number of the crematory<BR>and shall </EM> have a unique number that shall be recorded on all<BR>paperwork regarding the decedent's case and in the crematory log.<BR>Each crematory shall maintain a written procedure for identification<BR>of remains. <EM> These identification requirements shall </EM> <EM><BR>not apply to cremated remains placed in a keepsake urn pursuant to<BR>subdivision (b) of Section 7054.6 if space does not permit. </EM><BR> On or after March 1, 1994, any crematory that fails, when<BR>requested by an official of the bureau to produce a written procedure<BR>for identification of remains, shall have 15 working days from the<BR>time of the request to produce an identification procedure for review<BR>by the chief of the Cemetery and Funeral Bureau. The license of the<BR>crematory shall be suspended pursuant to Chapter 5 (commencing with<BR>Section 11500) of Part 1 of Division 3 of Title 2 of the Government<BR>Code, if no identification procedure is produced for review after 15<BR>working days have elapsed.<BR> SEC. 26. No reimbursement is required by this act pursuant to<BR>Section 6 of Article XIII B of the California Constitution because a<BR>local agency or school district has the authority to levy service<BR>charges, fees, or assessments sufficient to pay for the program or<BR>level of service mandated by this act, within the meaning of Section<BR>17556 of the Government Code.<BR> <BR><BR> <BR>SHANNON L. DILLON<BR><BR><BR> </body>
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