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
          _________________________________________________________________ 
          ____
          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.  
          _________________________________________________________________ 
          ____
                            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
          _________________________________________________________________ 
          ____

          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 
                                          - 1 -
          Page 2
          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.