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 ----------------------------------------------------------------- |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 | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 AB 2423 Page 2 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. AB 2423 Page 3 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 AB 2423 Page 4 application is made. Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301 FN: 0005017