BILL ANALYSIS Ó
AB 750
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
750 (Low) - As Amended April 16, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes any of the boards, bureaus, commissions, or
programs (boards) within the Department of Consumer Affairs
(DCA) to establish, by regulation, a system for a retired
category of licensure for persons who are not actively engaged
AB 750
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in the practice of their profession or vocation.
FISCAL EFFECT:
1)Minor and absorbable costs to the Department of Consumer
Affairs (DCA) to update regulations, add license status
designations, and update applications.
2)DCA had identified the following BreEZe system implementation
impacts:
a) Negligible state costs for Release 1 boards and bureaus.
The requirements of this bill would be addressed under the
existing maintenance and operation contract with the
project vendor.
b) One-time major state costs, likely in the millions of
dollars, resulting from contract delays for Release 2
boards and bureaus if this bill is implemented prior to
January 1, 2017. At this stage of the implementation, DCA
would likely have to renegotiate the vendor contract and
likely trigger a Special Project Report resulting in
project delays. Currently, project delay costs are $1.25
million per month for the vendor contract and an additional
$500,000 per month in additional state costs associated
with the project.
c) Negligible state costs for three of the 19 boards and
bureaus in Release 3. Each of the remaining Release 3
boards and bureaus will incur costs of $6,500 per license
type.
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COMMENTS:
1)Purpose. According to the author, "An occupational license
can be sent to 'inactive' for various reasons, including
violations and non-renewal. The same is done for those
individuals who decided to retire - a troublesome label, as an
'inactive' status holds negative connotations and does not
appropriately illustrate the decades of service from the
license holder. Some licensees disfavor the inactive license
designation and would prefer a retired license designation."
Because existing law only provides for a system of inactive
licenses, many boards have sought legislation that would
permit them to also create a retired license category. By
allowing any of the boards, bureaus, commissions, or programs
within DCA to establish a system for a retired category of
licensure, this bill seeks to provide uniformity to licensing
designation at the DCA.
2)Background. Existing law permits the boards under the DCA to
adopt regulations for issuing inactive licenses. The law
requires that the regulations cover fees, renewal, restoration
to active status, and practice restrictions. In addition,
there are 13 boards with the authority to issue retired
licenses. This bill would provide the remaining boards with
the authority to establish a system for retired category of
licensure.
3)BreEZe. In 2009, DCA proposed the BreEZe information
technology system and the California Department of Technology
(CalTech) approved the proposal. BreEZe was envisioned to
replace DCA's out of date Legacy technology system and would
provide needed applicant tracking of licensing, renewal,
enforcement monitoring and cashiering support for 37 of the 40
boards, bureaus, committees and one commission housed within
DCA. The project began in 2011, and BreEZe was launched for
ten of the regulatory entities (Release 1) in 2013. BreEZe is
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intended to be launched for another eight entities (Release 2)
in March, 2016.
4)Related Legislation. AB 1253 (Steinorth), pending in this
Committee, will limit the issuance of a license designated as
a retired volunteer service to an optometrist who holds a
retired license for less than three years and will require the
holder of a retired license issued for more than three years
to meet certain requirements.
5)Prior Legislation.
a) AB 2024 (Bonilla), Chapter 336, Statutes of 2014,
authorized the Professional Fiduciaries Bureau to
establish, by regulation, a system for a retired category
of licensure.
b) AB 404 (Eggman), Chapter 339, Statutes of 2013,
clarified who qualifies for a retired license by specifying
that a license must be either active or inactive, and
reduces the timeline to restore a retired license from
retired to active status from five to three years.
c) SB 1215 (Emmerson), Chapter 359, Statutes of 2012,
established a retired license status and a retired license
with a volunteer service designation for optometrists.
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d) AB 431 (Ma), Chapter 395, Statutes of 2011, authorized
the California Board of Accountancy to establish, by
regulation, a system for a retired category of licensure.
e) SB 2191 (Emmerson), Chapter 548, Statutes of 2010,
authorized the Board of Behavioral Sciences to issue a
retired license as a marriage and family therapist,
educational psychologist, clinical social worker or
professional clinical counselor to an applicant who holds a
current license or a license eligible for renewal, and
established a $40 fee for a retired license.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081