BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 2228
          Author:   Cooley (D) 
          Amended:  5/9/16 in Assembly
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  6-1, 6/14/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning, Stone
           NOES:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  68-10, 5/12/16 - See last page for vote

           SUBJECT:   Code enforcement officers


           SOURCE:    California Association of Code Enforcement Officers
                      League of California Cities

          
          DIGEST:  This bill establishes the Code Enforcement Officers  
          Standards Act (CEOSA) which requires the Board of Directors of  
          the California Association of Code Enforcement Officers (CACEO)  
          to develop and maintain standards for the designation of  
          Certified Code Enforcement Officers (CCEOs), as specified.


          ANALYSIS:

          Existing law: 

           1) Defines "code enforcement officer" as a person who is not  
             described in Penal Code Chapter 4.5 (commencing with Section  








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             830) of Title 3 of Part 2 and who is employed by a  
             governmental subdivision, public or quasi-public corporation,  
             public agency, public service corporation, a town, city,  
             county, or municipal corporation, whether incorporated or  
             chartered, who has enforcement authority for health, safety,  
             and welfare requirements, and whose duties include  
             enforcement of a statute, rule, regulation, or standard, and  
             who is authorized to issue citations or file formal  
             complaints.  And, states that a "code enforcement officer" is  
             also a person who is employed by the Department of Housing  
             and Community Development who has enforcement authority for  
             health, safety, and welfare requirements, as specified.   
             (Penal Code § 829.5.)

           2) Defines a "code enforcement officer" as any person who is  
             not a peace officer and who is employed by any governmental  
             subdivision, public or quasi-public corporation, public  
             agency, public service corporation, or any town, city,  
             county, or municipal corporation, whether incorporated or  
             chartered, who has enforcement authority for health, safety,  
             and welfare requirements; whose duties include enforcement of  
             any statute, rules, regulations, or standards; and who is  
             authorized to issue citations, or file formal complaints.   
             (Penal Code § 243(f)(11)(A).)

           3) Defines "code enforcement officer" as also including any  
             person employed by the Department of Housing and Community  
             Development who has enforcement authority for health, safety,  
             and welfare requirements pursuant to the Employee Housing  
             Act, State Housing Law, the Mobilehomes-Manufactured Housing  
             Act, the Mobilehome Parks Act, and the Special Occupancy  
             Parks Act.  (Penal Code § 243(f)(11)(B).)

          This bill:

           1) Provides that for the purposes of the Code the following  
             terms have the following meaning:

              a)    "Board" means the duly elected Board of Directors of  
                CACEO;


              b)    "CACEO" means California Association of Code  
                Enforcement Officers a public benefits corporation  







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                domiciled in California;


              c)     "CCEO" means a Certified Code Enforcement Officer  
                certified pursuant to the CEOSA; and 


              d)    "Code Enforcement Officer" means a person who is not a  
                peace officer and who is employed by a governmental  
                subdivision, public or quasi-public corporation, public  
                agency, public service corporation, a town, city, county,  
                or municipal corporation, whether incorporated or  
                chartered, who has enforcement authority for health,  
                safety, and welfare requirements, and whose duties include  
                enforcement of a statute, rule, regulation, or standard,  
                and who is authorized to issue citations or file formal  
                complaints.

           2) Requires the board to develop and maintain standards for the  
             various classes of CCEOs that it designates.  The standards  
             for education, training, and certification shall be adopted  
             by the board and meet the minimum requirements of the CEOSA,  
             and CCEOs shall not have the powers of arrest unless  
             authorized by the city, county, or city and county charter,  
             code, or regulations in which they operate.  CCEOs shall not  
             have access to summary criminal history information, but  
             persons employed by a city, county or city and county upon a  
             showing of compelling need if the criteria for access under  
             existing law is otherwise met.

           3) Requires the board to review all applications from cities,  
             counties, city and counties, and accredited educational  
             institutions who seek to develop and provide education  
             designed to qualify participants as CCEOs.  All applications  
             that are submitted are subject to the boards review and  
             approval to determine if they demonstrate the equivalency of  
             the standards adopted under the rules of the board in order  
             to qualify as Code Enforcement Officer Education Program  
             Providers (program providers).

           4) States that all program providers are subject to ongoing  
             program review and evaluation under the board's  
             administrative rules.  A program provider shall renew its  
             program provider application and obtain approval under the  







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             board's administrative rules no later than 36 months from the  
             date of the last approval or else it shall lapse.

           5) Provides that all students, participants, and employees who  
             successfully pass the minimum education and certification  
             requirements of the program provider approved curriculum  
             shall, subject to the same fees as other registered CCEOs  
             under the board's administrative rules, be granted status as  
             CCEOs in an equivalent manner as applicants who attained  
             certification through the CACEO education and certification  
             program and academics.

           6) States that the development and perpetual advancement of  
             code enforcement officer professional standards and actively  
             providing related educational offerings that lead to  
             increased professional competence and ethical behavior shall  
             be the highest priority for the board in its licensing,  
             certification, and disciplinary functions. Whenever the  
             advancement of code enforcement officer professional  
             standards and the provision of related educational offerings  
             is inconsistent with other interests sought to be promoted,  
             the former shall be paramount.  





           7) Provides that the board's administrative rules shall  
             designate minimum training, qualifications, and experience  
             requirements for applicants to qualify for the CCEO  
             designation, including, but not limited to, training and  
             competency requirements in the areas of land use and zoning  
             laws, health and housing codes, building and fire codes,  
             environmental regulations, sign standards, public nuisance  
             laws, applicable constitutional law, investigation and  
             enforcement techniques, application of remedies, officer  
             safety, and community engagement. The board may, by  
             administrative rule, designate additional classes of  
             certifications to help meet its mission.  












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           8) Requires the board to conspicuously and continually publish  
             its list of CCEOs on the CACEO Internet Web site, containing  
             the registrant's full name, summary status as to individual  
             disciplinary concerns, active or inactive status, date of  
             active CCEO expiration, and business address, unless the  
             business address is a residence, which shall be treated as  
             confidential.





           9) States that a CCEO shall hold a valid certificate  
             designating the person as a CCEO issued by the CACEO, shall  
             at all times remain a member in good standing of the CACEO,  
             and shall be subject to ongoing continuing education and  
             registration requirements as designated by the board's  
             administrative rules.  





           10)Provides that a failure to maintain the continuing education  
             requirements shall cause the certification status to lapse,  
             subject to redemption as specified by the board's  
             administrative rules. Once a certification lapses, the  
             certification status shall automatically convert to inactive  
             CCEO status unless it is redeemed. The rights, privileges,  
             and procedures or limitations on redemption of inactive CCEOs  
             shall be specified in the board's administrative rules.  



           11)Requires the board to annually set fees in amounts that are  
             reasonably related and necessary to cover the cost of  
             administering this chapter. The fees shall be set by the  
             board and published on the CACEO Internet Web site and  
             maintained at the CACEO's headquarters.  












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           12)Provides that the board shall maintain a register of each  
             application for a certificate of registration under this  
             chapter. The register shall include all of the following:





              a)    The name, residence, date of birth, and driver's  
                license number (including state or country of origin) of  
                the applicant;


              b)    The name and address of the employer or business of  
                the applicant;


              c)    The date of the application;


              d)    The education and experience qualifications of the  
                applicant;


              e)    The action taken by the board regarding the  
                application and the date of the action;


              f)    The serial number of any certificate of registration  
                issued to an applicant; and


              g)    Any other information required by board rule.

           13)States that a person may not hold himself or herself out to  
             be a CCEO in this state or use the title "Certified Code  
             Enforcement Officer" in this state unless the person holds a  
             certificate of registration pursuant to this chapter.





           14)Requires the board, by administrative rule, create a process  







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             to timely consider and review all applicants who hold  
             certification from any other agency, and allow them to seek  
             review and potential approval of the qualifications to  
             potentially be recognized as a CCEO in this state. A denial  
             of full recognition as a CCEO shall be accompanied by written  
             justification and a list of required steps that may be  
             required for the individual applicant to complete the  
             registration and certification process. Recognition fees  
             shall be set as specified.



           15)Provides that the board shall adopt administrative rules to  
             process information, investigate allegations or suspicions of  
             applicants or licensees providing false information, failing  
             to disclose material information on the registration  
             application, or not providing any information that may,  
             either before or during the certification process, disqualify  
             the applicant or certificant as specified. The board shall  
             adopt procedures and guidelines to impose any discipline,  
             revocation of certification, or sanction, for cause, against  
             any applicant, registrant, or certificant.





           16)States that the administrative rules shall provide the  
             applicant or registrant with adequate and fair notice and  
             hearing opportunities prior to the board taking any adverse  
             action against the applicant or certificant.



           17)Provides that any factual finding after a hearing that the  
             board concludes is cause for revocation, suspension, or other  
             disciplinary or administrative action against a registration  
             or certification shall result in an order after hearing that  
             meets the fair notification requirements of this section. 



           18)Provides all orders after hearing shall be deemed final  
             under the board's authority and procedures and may be  







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             appealed as specified in the Code of Civil Procedure. 

           19)States that the requirements of the CEOSA do not interfere  
             with the regulations or certification requirements for  
             building inspectors, as specified.


          
          Comments


          This bill creates the CEOSA and requires its Board of Directors  
          to develop and maintain standards for the certification of code  
          enforcement officers.  While this bill does not require all code  
          enforcement officers to have the certification, it does create a  
          new class of "Certified Code Enforcement Officers."    


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/1/16)


          California Association of Code Enforcement Officers (co-source)
          League of California Cities (co-source)
          American Planning Association
          Association of Los Angeles Deputy Sheriffs
          California College and University Police Chiefs Association
          California Narcotics Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles Deputy Sheriffs
          Los Angeles Police Protective League
          Riverside Sheriffs' Association


          OPPOSITION:   (Verified8/1/16)


          None received

          ASSEMBLY FLOOR:  68-10, 5/12/16
          AYES:  Achadjian, Alejo, Arambula, Atkins, Baker, Bigelow,  







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                                                                    Page  9


            Bloom, Bonilla, Bonta, Brown, Calderon, Campos, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,  
            Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,  
            Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NOES:  Travis Allen, Brough, Chávez, Beth Gaines, Gallagher,  
            Grove, Hadley, Harper, Mathis, Melendez
          NO VOTE RECORDED:  Burke, Jones-Sawyer

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          8/3/16 18:56:59


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