BILL ANALYSIS
AB 2423
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2423 (Bass)
As Amended August 19, 2008
Majority vote
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|ASSEMBLY: |78-0 |(May 27, 2008) |SENATE: |39-0 |(August 21, |
| | | | | |2008) |
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Original Committee Reference: B. & P.
SUMMARY : Permits specified Department of Consumer Affairs (DCA)
boards to issue initial licenses on probation and makes other
changes related to licensing and discipline to encourage the
employment of ex-offenders.
The Senate amendments :
1)Strike references requiring the Board of Vocational Nursing
and Psychiatric Technicians (BVNPT), the Veterinary Medical
Board (VMB), the Director of the DCA, the Structural Pest
Control Board (SPCB), and the Bureau of Automotive Repair
(BAR) (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)Strike references requiring 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)Require the Board to develop standard terms of probation for
issuing probationary licenses that must include the following:
a) A three-year limit on the individual probationary
license;
b) A process to obtain a standard license for applicants
AB 2423
Page 2
who were issued a probationary license;
c) Supervision requirements; and,
d) Compliance and quarterly reporting requirements.
4)Delete certain items relating to an applicant's prior
convictions that the Board must consider when evaluating an
application for a probationary license.
5)Require the Board to, beginning July 1, 2009, if the board's
denial of an application was based on the applicant's prior
criminal conviction:
a) Provide to the applicant a copy of the applicant's
criminal history record, if the applicant makes a written
request to the Board for a copy, specifying an address to
which it is to be sent; and,
b) Retain a copy of the applicant's written request and a
copy of the response sent to the applicant, which shall
include the date and the address to which the response was
sent, instead of recording and maintaining the applicant's
name and address and date the criminal record was provided
by the Board to the applicant.
6)Delete the requirement that a licensee pay the Board for costs
associated with the adjudication of a license revocation,
suspension, or denial, as specified.
7)Add the Board of Barbering and Cosmetology (BBC) to the bill,
with consistent requirements for granting a probationary
license and revoking a license, but requires the licensee to
reimburse BBC with costs associated with the adjudication of a
license revocation, suspension, or denial, as specified.
8)State that certain sections of the bill relating to veterinary
medicine shall only become operative if SB 1584 (Padilla) is
also enacted and becomes operative.
AS PASSED BY THE ASSEMBLY , the bill was substantially similar to
the current version, but required greater reporting requirements
and did not include the BBC.
AB 2423
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FISCAL EFFECT : According to the Senate Appropriations
Committee, the VMB, due to the availability of controlled
substances in the profession, will have permanent ongoing costs
of up to $95,000 per year to handle increased probation
monitoring. VMB will also have increased licensing and
Department of Justice casework. The SPCB, BSIS, BAR, BVNPT, and
the BBC will incur ongoing minor, absorbable costs.
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 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
application is made.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0007382