BILL ANALYSIS
AB 2423
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Date of Hearing: May 7, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 2423 (Bass) - As Introduced: February 21, 2008
Policy Committee: Business and
Professions Vote: 10-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires certain entities under the Department of
Consumer Affairs (DCA) to study barriers to employment in
specified licensed professions, specifies the terms and
conditions under which a probationary license may be issued, and
makes other changes related to licensing and discipline in order
to encourage the employment of ex-offenders. Specifically, this
bill:
1)Requires the following boards to report by September 1, 2010
on the effect of current law, regulations, and policy related
to their respective licensing functions that create
unnecessary barriers to employing people with criminal records
in selected professions:
a) Board of Vocational Nursing and Psychiatric Technicians,
regarding employment of licensed vocational nurses and
psychiatric technicians.
b) Veterinary Medical Board, regarding registered
veterinary technicians.
c) Structural Pest Control Board, regarding licensed
structural pest control operators.
d) Bureau of Automotive Repair, regarding registered
automotive repair dealers.
e) Department of Consumer Affairs, regarding licensed
private investigators.
2)Requires the entities in (1) to provide specified data, for
calendar years 2003 through 2007, regarding applicants who
disclosed a criminal record on their application, average
length of time for license appeals, and information regarding
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criteria applied in determining relation of a criminal record
to licensure and determining whether rehabilitation is
adequate.
3)Specifies the terms and conditions under which an initial
license for the occupations above may be issued on probation,
and specifies information a board must request from an
applicant when considering issuing a probationary license
based on criminal history.
4)Requires the entities in (1) to provide specified reasons for
denying a license application based on criminal history.
5)Requires the entities in (1) to conduct a hearing regarding a
license denial within 90 days of the applicant's request.
6)Authorizes an administrative law judge, when recommending that
an entity in (1) revoke, suspend, or deny a licensee, to order
the licensee to pay the board's costs of investigation and
adjudication, and allows the board to enforce the order for
payment in superior court.
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FISCAL EFFECT
1)The Bureau of Automotive repair indicates minimum costs of
$150,000 for two positions to complete the review and data
gathering requirements for the report. [Vehicle Repair and
Inspection Fund]
2)The Board of Vocational Nursing and Psychiatric Technicians
would incur costs of around $200,000. [Vocational Nursing and
Psychiatric Technicians]
3)The other three entities would incur costs of at least 100,000
each. [Veterinary Medical Board Contingent Fund, Structural
Pest Control Fund, Private Investigator Fund]
4)Each of the five entities will incur costs of around $100,000
annually associated with the providing additional information
to applicants denied licensure, conducting hearings in these
cases within 90 days of receiving an applicant's request, and
issuing probationary licenses.
COMMENTS
1)Purpose . According to the author's office, "this bill protects
workers whose criminal records have been expunged from being
unfairly denied employment based on a DCA-regulated criminal
background check. This bill balances consumer protection with
the creation of opportunities for ex-offenders. It requires a
study regarding the application and denial process for
individuals seeking a license, allows the Board to issue a
"probationary" license under specified conditions, requires
the Board to provide specific information to applicants on the
reason for license denial and requires the Board to conduct a
hearing within 90 days of receiving an applicant's request."
2)Background . In 2005, the Assembly Business and Professions
Committee held two hearings to examine issues related to this
bill. The first explored the issue of barriers to employment
for individuals with criminal records and the second examined
obstacles to state licensure for individuals with criminal
records, and the government's role in balancing consumer
protection with creating opportunities for ex-offenders. This
bill is in response to those hearings.
AB 2423 seeks to address recidivism in California. Between
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1980 and 2000, the state's adult prison population increased
almost seven-fold, from 24,000 to nearly 160,000. The number
of parolees released each year increased more than 10-fold
over this time, from 12,000 to over 126,000. About 67% of the
state's inmates are returning parolees, versus only 35%
nationwide.
3)Prior Legislation . AB 861 (Bass)/Chapter 411 of 2006, requires
the State Board of Barbering and Cosmetology to give specified
additional information to a person who has been denied a
license, and requires the board to conduct a hearing within 90
days of receiving an applicant's request for a hearing for a
license denial. The bill authorizes the board to issue a
probationary license to an applicant, subject to specified
terms and conditions.
In 2007, AB 1025 (Bass), which provided that a person may not
be denied licensure based solely on a criminal conviction if
the person has been rehabilitated, was vetoed. The governor's
argued that the bill went too far in taking away a licensing
entity's discretion to deny a license.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081