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
                                                                  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