BILL ANALYSIS AB 2423 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2423 (Bass) As Amended August 19, 2008 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 27, 2008) |SENATE: |39-0 |(August 21, | | | | | | |2008) | ----------------------------------------------------------------- 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 Page 3 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