BILL ANALYSIS
AB 2423
Page 1
ASSEMBLY THIRD READING
AB 2423 (Bass)
As Introduced February 21, 2008
Majority vote
BUSINESS & PROFESSIONS 10-0 APPROPRIATIONS 17-0
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|Ayes:|Eng, Emmerson, Carter, |Ayes:|Leno, Walters, Caballero, |
| |Hayashi, Hernandez, | |Davis, DeSaulnier, |
| |Horton, Maze, Price, | |Emmerson, Eng, Huffman, |
| |Torrico, Laird | |Berg, Krekorian, La |
| | | |Malfa, Lieu, Ma, |
| | | |Nakanishi, Nava, |
| | | |Sharon Runner, Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires specified Department of Consumer Affairs
(DCA) boards to conduct a study on barriers to employment as
licensed professionals, specifies the terms and conditions under
which a probationary license may be issued, and makes other
changes related to licensing and discipline to encourage the
employment of ex-offenders. Specifically, this bill :
1)Requires the Board of Vocational Nursing and Psychiatric
Technicians, the Veterinary Medical Board, the Director of the
DCA, the Structural Pest Control Board, and the Bureau of
Automotive Repair (collectively, the board) to study the
effect of current law, regulations, and policy related to the
licensing functions of the board that may create unnecessary
barriers to employing people with criminal records as licensed
vocational nurses, licensed psychiatric technicians,
registered veterinary technicians, licensed private
investigators, licensed structural pest control operators, and
registered automotive repair dealers, respectively.
2)Requires the board to gather information related to applicants
and the application process for the years 2003-2007, as
specified, and report its findings to the Legislature by
September 1, 2010.
3)Specifies the terms and conditions under which an initial
license may be issued on probation, and permits the board to
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modify or terminate the terms of that license.
4)Requires the board to take into account and consider any other
reasonable documents or individual character references
provided by the applicant that may serve as evidence of
rehabilitation as deemed appropriate.
5)Specifies that, in addition to the requirements provided in
current law dictating the procedure to be followed and
contents of a decision or notice sent by the board upon denial
of a license, the board shall provide a statement of reasons
for the denial, as specified.
6)Permits an administrative law judge (ALJ) to, in any case in
which the ALJ recommends that the board revoke, suspend, or
deny a license, order the licensee to pay the board's
reasonable costs of the investigation and adjudication of the
case.
7)Permits the board to enforce the order for payment in the
superior court in the county where the administrative hearing
was held.
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.
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COMMENTS : According to the author, "This bill protects workers
whose criminal record has 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 provides a study regarding
the application and denial process for individuals seeking a
license (specifically those with criminal records), 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."
The Assembly Business and Professions Committee held two
hearings in 2005 to examine issues related to this bill. The
first hearing explored the issue of barriers to employment for
individuals with criminal records and its relationship to the
growing recidivism rate in California, and the second hearing
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.
This bill addresses a critically important issue in California -
recidivism. The most proven method to reducing recidivism is
creating a sustainable lifestyle through employment. Existing
law expressly authorizes DCA-regulated boards to take into
account records that have been expunged under the Penal Code.
The statute undermines the goal of expungement policies, which
seek to encourage individuals to successfully serve their terms
of probation, find work, and not commit other crimes. Given the
importance of these re-entry policies, individuals are not
required to disclose expunged convictions to private employers.
The author argues that DCA practice should be brought into line
with these policies, and DCA boards should acknowledge the
judgment of the criminal justice system that this person has
been rehabilitated. Thus, this bill requires the DCA boards to
strongly consider individuals with criminal history records fit
for licensure unless there is strong evidence to the contrary
that the expunged conviction is substantially related to the
qualifications, functions, or duties of the profession for which
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application is made.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0005017