BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2104|
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                                 THIRD READING


          Bill No:  AB 2104
          Author:   Hayashi (D)
          Amended:  6/24/10 in Senate
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEVELOP. COM.  :  0-3, 6/21/10  
            (FAIL)
          NOES:  Aanestad, Correa, Walters
          NO VOTE RECORDED:  Negrete McLeod, Wyland, Calderon,  
            Florez, Oropeza, Yee

           SENATE BUSINESS, PROF. & ECON. DEVELOP. COM. :  7-0, 6/28/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Corbett, Correa,  
            Florez, Yee
          NO VOTE RECORDED:  Wyland, Walters

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           ASSEMBLY FLOOR  :  44-29, 6/2/10 - See last page for vote


           SUBJECT  :    California State Board of Pharmacy

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the Board of Pharmacy, with  
          the approval of the Department of Consumer Affairs, to  
          appoint the Executive Officer of the Board.

           ANALYSIS  :    Existing law:

                                                           CONTINUED





                                                               AB 2104
                                                                Page  
          2

          1.Establishes Department of Consumer Affairs within the  
            State and Consumer Services Agency, and provides that the  
            Department is under the control of the Director of the  
            Department who is appointed by the Governor, subject to  
            Senate confirmation.  

          2.Provides that the Department consists of 40 boards and  
            bureaus that have been created by law to license and  
            regulate members of various professions and vocations.

          3.Provides that functions of the boards includes the  
            appointment of an Executive Officer (EO), setting  
            standards, holding meetings, and setting dates thereof,  
            preparing and conducting examinations, passing upon  
            applicants, conducting investigations of violations of  
            laws under its jurisdiction, issuing citations and  
            holding hearings of revocation of licenses, and the  
            imposing of penalties following these hearings, insofar  
            as these powers are given by statute to each respective  
            board.

          4.Provides for the practice of pharmacy and the licensing  
            and regulation of pharmacies and pharmacists by the Board  
            of Pharmacy (Board).

          5.Authorizes the Board to appoint a person exempt from  
            civil service as EO.  Clarifies that the EO shall  
            exercise the powers and perform the duties delegated by  
            the Board and vested in him or her.  Authorizes the Board  
            to determine if the EO may or may not be a member of the  
            Board.

          6.Authorizes the following boards and commission to appoint  
            an EO, subject to Director (Department) approval:

                  A.        Acupuncture Board.
                  B.        Athletic Commission.
                  C.        Board on Barbering and Cosmetology.
                  D.        Contractors' State Licensing Board.
                  E.        Dental Board of California.

          This bill authorizes the Board, with approval of the  
          Department, to appoint the EO.  








                                                               AB 2104
                                                                Page  
          3

           Comments
           
          According to the DCA's  Board Member Procedures Manual  , "The  
          EO is appointed by and serves at the pleasure of the board,  
          and is exempt from civil service.  The EO shall exercise  
          the powers and perform the duties delegated by the board  
          and vested in him or her.  The EO is responsible for the  
          financial operations and integrity of the board, and is the  
          official custodian of records.  Board members should be  
          concerned primarily with formulating decisions on board  
          policies rather than decisions concerning the means for  
          carrying out a specific course of action.  It is  
          inappropriate for board members to become involved in the  
          details of program delivery. Strategies for the day-to-day  
          management of programs and staff shall be the  
          responsibility of the executive officer."  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          SUPPORT  :   (Verified  8/3/10)

          California Labor Federation
          California Nurses Association

           OPPOSITION  :    (Verified  8/3/10)

          Board of Pharmacy
          California Retailers Association


           ASSEMBLY FLOOR  :  
          AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford,  
            Brownley, Caballero, Charles Calderon, Carter, Coto,  
            Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong,  
            Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez,  
            Hill, Huffman, Jones, Bonnie Lowenthal, Ma, Mendoza,  
            Monning, Nava, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Yamada, John A. Perez
          NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Buchanan,  
            Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,  
            Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries,  
            Knight, Logue, Miller, Niello, Nielsen, Norby, Silva,  







                                                               AB 2104
                                                                Page  
          4

            Skinner, Smyth, Tran, Villines
          NO VOTE RECORDED: Arambula, Tom Berryhill, Chesbro, Lieu,  
            Nestande, Audra Strickland


          JA:nl  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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