BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2104|
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THIRD READING
Bill No: AB 2104
Author: Hayashi (D)
Amended: 6/24/10 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COM. : 0-3, 6/21/10
(FAIL)
NOES: Aanestad, Correa, Walters
NO VOTE RECORDED: Negrete McLeod, Wyland, Calderon,
Florez, Oropeza, Yee
SENATE BUSINESS, PROF. & ECON. DEVELOP. COM. : 7-0, 6/28/10
AYES: Negrete McLeod, Aanestad, Calderon, Corbett, Correa,
Florez, Yee
NO VOTE RECORDED: Wyland, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 44-29, 6/2/10 - See last page for vote
SUBJECT : California State Board of Pharmacy
SOURCE : Author
DIGEST : This bill authorizes the Board of Pharmacy, with
the approval of the Department of Consumer Affairs, to
appoint the Executive Officer of the Board.
ANALYSIS : Existing law:
CONTINUED
AB 2104
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1.Establishes Department of Consumer Affairs within the
State and Consumer Services Agency, and provides that the
Department is under the control of the Director of the
Department who is appointed by the Governor, subject to
Senate confirmation.
2.Provides that the Department consists of 40 boards and
bureaus that have been created by law to license and
regulate members of various professions and vocations.
3.Provides that functions of the boards includes the
appointment of an Executive Officer (EO), setting
standards, holding meetings, and setting dates thereof,
preparing and conducting examinations, passing upon
applicants, conducting investigations of violations of
laws under its jurisdiction, issuing citations and
holding hearings of revocation of licenses, and the
imposing of penalties following these hearings, insofar
as these powers are given by statute to each respective
board.
4.Provides for the practice of pharmacy and the licensing
and regulation of pharmacies and pharmacists by the Board
of Pharmacy (Board).
5.Authorizes the Board to appoint a person exempt from
civil service as EO. Clarifies that the EO shall
exercise the powers and perform the duties delegated by
the Board and vested in him or her. Authorizes the Board
to determine if the EO may or may not be a member of the
Board.
6.Authorizes the following boards and commission to appoint
an EO, subject to Director (Department) approval:
A. Acupuncture Board.
B. Athletic Commission.
C. Board on Barbering and Cosmetology.
D. Contractors' State Licensing Board.
E. Dental Board of California.
This bill authorizes the Board, with approval of the
Department, to appoint the EO.
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Comments
According to the DCA's Board Member Procedures Manual , "The
EO is appointed by and serves at the pleasure of the board,
and is exempt from civil service. The EO shall exercise
the powers and perform the duties delegated by the board
and vested in him or her. The EO is responsible for the
financial operations and integrity of the board, and is the
official custodian of records. Board members should be
concerned primarily with formulating decisions on board
policies rather than decisions concerning the means for
carrying out a specific course of action. It is
inappropriate for board members to become involved in the
details of program delivery. Strategies for the day-to-day
management of programs and staff shall be the
responsibility of the executive officer."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/3/10)
California Labor Federation
California Nurses Association
OPPOSITION : (Verified 8/3/10)
Board of Pharmacy
California Retailers Association
ASSEMBLY FLOOR :
AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford,
Brownley, Caballero, Charles Calderon, Carter, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez,
Hill, Huffman, Jones, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Solorio, Swanson, Torlakson, Torres,
Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Buchanan,
Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries,
Knight, Logue, Miller, Niello, Nielsen, Norby, Silva,
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Skinner, Smyth, Tran, Villines
NO VOTE RECORDED: Arambula, Tom Berryhill, Chesbro, Lieu,
Nestande, Audra Strickland
JA:nl 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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