BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2228|
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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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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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