BILL NUMBER: SB 824	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2011

   An act to add Section 2553.1 to the Business and Professions Code,
relating to opticians.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 824, as introduced, Negrete McLeod. Opticians: regulation.
   Existing law requires that dispensing opticians register with the
Division of Licensing of the Medical Board of California. Under
existing law, a registered dispensing optician is required to obtain
and display a separate certificate of registration at each location
where his or her business is conducted. Existing law makes a
violation of laws regulating a registered dispensing optician a
misdemeanor.
   This bill would require a registered dispensing optician acquiring
ownership of a business to file a notice with the board within 10
days of the completion of the transfer of ownership to him or her.
The bill would specify that until receipt of the notice by the board,
the registered dispensing optician selling or transferring the
interest remains responsible for complying with all laws regulating
the business.
   Because a violation of laws regulating registered dispensing
opticians is a crime, this bill would impose a state-mandated local
program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2553.1 is added to the Business and Professions
Code, to read:
   2553.1.  If a registered dispensing optician sells or transfers in
any matter on ownership interest in his or her place of business,
the registered dispensing optician assuming the ownership of the
business shall record with the board a written notice of the change
of ownership, providing all information required by the board. The
registered dispensing optician shall file the notice with the board
no later than 10 calendar days after the change of ownership is
completed. The registered dispensing optician selling or transferring
the ownership interest in his or her business shall be responsible
for complying with all laws relating to the place of business until
the notice is received by the board. This section does not apply to a
change of location of business by a registered dispensing optician.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.