BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2228| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2228 Page 2 830) 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 AB 2228 Page 3 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 AB 2228 Page 4 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. AB 2228 Page 5 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. AB 2228 Page 6 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 AB 2228 Page 7 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 AB 2228 Page 8 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, AB 2228 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 **** END ****