BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2570
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2570 (Hill)
          As Amended  August 6, 2012
          Majority vote
           
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          |ASSEMBLY:  |42-24|(May 25, 2012)  |SENATE: |35-0 |(August 22,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    B., P. & C.P.  

           SUMMARY  :  Prohibits licensees of any board, bureau or program 
          under the Department of Consumer Affairs (DCA) from including 
          any "regulatory gag clause" in civil settlement agreements, with 
          specified exemptions.  

           The Senate amendments  : 

          1)Allow a board, bureau, or program within DCA to, upon granting 
            a petition filed by a licensee or authorized agent of a 
            licensee and based upon evidence and legal authorities cited 
            in the petition, adopt a regulation that does both of the 
            following:  identifies a code section or jury instruction in a 
            civil cause of action that has no relevance to the board's, 
            bureau's, or program's enforcement responsibilities such that 
            an agreement to settle such a cause of action based on that 
            code section or jury instruction otherwise prohibited under 
            the provisions of this bill will not impair the board's, 
            bureau's, or program's duty to protect the public; and, 
            exempts agreements to settle such a cause of action from the 
            requirements of this bill.

          2)Specify that the above provision shall not apply to physicians 
            and surgeons who, pursuant to current law, are prohibited from 
            including certain provisions in a civil settlement agreement.

          3)Specify that nothing in this bill shall be construed as 
            limiting the discretion of a board, bureau, or program to 
            decline to grant a petition or adopt a regulation.

          4)Specify that nothing in this bill shall be construed as 
            prohibiting a licensee from including in an agreement to 
            settle a civil dispute any provision that is otherwise not 
            prohibited.








                                                                  AB 2570
                                                                  Page  2


           AS PASSED BY THE ASSEMBLY  , this bill prohibited licensees of any 
          board, bureau or program under DCA from including any 
          "regulatory gag clause" in civil settlement agreements.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs. 


           COMMENTS  :  This bill, was amended in the Senate, and is 
          consistent with Assembly actions.
           

          Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301 


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