BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
2423 (Bass)
Hearing Date: 8/4/08 Amended: 8/4/08
Consultant: Bob Franzoia Policy Vote: BP&ED 9-0
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BILL SUMMARY: AB 2423 would authorize specified boards and
bureaus under the Department of Consumer Affairs (department)
when considering the issuance of a probationary license or
registration to request an applicant with a prior criminal
history to provide proof of dismissal. The bill would (1)
require boards to develop standard terms of probation, (2)
authorize these boards to revoke, suspend, or deny at any time
any required license or registration, and (3) require these
boards to provide a specified statement of reasons for the
denial and, if applicable, a copy of the applicant's criminal
history record.
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Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10 2010-11 Fund
Licensing and study workload
- Veterinary Medical Board $77 $95
$95Special*
- Structural Pest Control Board minor, absorbable costs
ongoing for Special*
these boards and bureaus
- Bureau of Security and Special*
Investigative Services
- Bureau of Automotive Special*
Repair
- Board of Vocational Nursing
Special*
and Psychiatric Technicians
- Board of Barbering and
Special*
Cosmetology
* Veterinary Medical Board Contingent Fund, Structural Pest
Control Fund, Private Investigator Fund, Vehicle Repair and
Inspection Fund, Vocational Nurses Account/Psychiatric
Technician Examiners Account of the Vocational Nursing and
Psychiatric Technicians Fund, Barbering and Cosmetology
Contingent Fund
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STAFF COMMENTS:
The Veterinary Medical Board, due to the availability of
controlled substances in the profession, will have permanent
ongoing costs to handle increased probation monitoring. This
board will also have increased licensing and Department of
Justice casework. As with AB 1760 (Galgiani), also on the
Senate Appropriations Committee's
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AB 2423 (Bass)
agenda, these costs could have a negative impact on the
Veterinary Medical Board Contingency Fund reserve. Staff
recommends this bill be amended to make it contingent on the
passage of SB 1584 (Padilla) which would allow an increase in
the maximum amounts that the board may set for certain specified
fees. (SB 1584 (Padilla) would also delete the provision of law
requiring the board to set and collect a fee for the national
licensing exam, and would require an application fee to be paid
by a school or institution seeking approval of registered
veterinary technician curriculum.) Absent that contingency,
this bill, if chaptered, would exacerbate this board's revenue
shortfall.
In general, all boards and bureaus will have increased workload
due to probation monitoring, increased appeals, forwarding
criminal background information, etc. Each relevant section of
the bill provides that if the denial of a license is due at
least in part to the applicant's state or federal criminal
history record, the board or bureau shall include with the
Information provided?a copy of the applicant's criminal history
record. As a way to streamline this workload, staff recommends
the bill be amended to state, consistent with Health and Safety
Code 1265.5 (k), a copy of the applicant's criminal history
record shall be provided if the individual makes a written
request for a copy specifying an address to which it is to be
sent.
This bill is similar to AB 1025 (Bass) 2007 which proposed that
an applicant for a license with a board may not be denied
licensure, or may not have their license
suspended or revoked, solely on the basis that he or she has
been convicted of a felony or misdemeanor if they have obtained
a certificate of rehabilitation and if the felony or misdemeanor
conviction has been dismissed, it shall be presumed that the
applicant or licensee has been rehabilitated unless the board
proves otherwise. AB 1025 (Bass) was vetoed by the Governor
with the following message:
This bill could jeopardize the public health, safety, and
welfare in a well intentioned but flawed attempt to permit
individuals convicted of crimes to work in a regulated
profession. I am concerned that this bill goes too far in
taking away a licensing entity's discretion to deny a license or
take other licensing actions, even it is in the best interest of
the state's consumer. The State of California licenses various
professions in order to protect consumers from unqualified,
dangerous, or unscrupulous individuals. All statutes
establishing licensing program mandate that the protection of
the public is the highest priority and that "whenever the
protection of the public is inconsistent with other interests
sought to be promoted, the protection of the public shall be
paramount."
AB 1025 creates a presumption of rehabilitation based on an
expungement of a conviction. This is problematic for two
reasons. First, expungement is not intended to be indicative of
rehabilitation. Second, this provision places the burden of
proof on the state licensing bodies to show that an individual
is not rehabilitated, which would result in increased litigation
and extensive investigations.