BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1702
                                                                  Page  1

          Date of Hearing:   May 7, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                 AB 1702 (Maienschein) - As Amended:  April 23, 2014 

          Policy Committee:                              Business and  
          Professions  Vote:                            14 - 0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill specifies that an individual who has satisfied the  
          requirements for licensure while incarcerated and who applies  
          for licensure after being released from incarceration shall not  
          have his or her application delayed or denied solely on the  
          basis that some or all of the requirements were completed while  
          the individual was incarcerated. The bill exempts the Board of  
          Chiropractic Examiners (BCE) from these requirements.

           FISCAL EFFECT  

          Negligible fiscal impact to each of the affected boards.

           COMMENTS  

           1)Purpose  .  The goal of this bill is to remove obstacles  
            preventing individuals who have obtained specific job training  
            and education while incarcerated from receiving a license for  
            that particular profession.  The author states, "This bill is  
            necessary because many of the licensing boards have provisions  
            in place to delay or prevent a person with a criminal record  
            from receiving a professional license."  

            In order to alleviate barriers to employment after  
            incarceration, this bill specifies that an individual cannot  
            have their application for licensure denied or delayed solely  
            because some or all of the requirements for licensure were  
            completed while the individual was incarcerated.    

           2)Existing law  . Boards under the Department of Consumer Affairs  
            are permitted to make licensure decisions based on the  








                                                                  AB 1702
                                                                  Page  2

            specific criminal history reported by an applicant or  
            identified through background check requirements.  This bill  
            does not alter or impede a board's ability to deny a license  
            if the criminal conviction merits denial under current law.  
           
          3)Exemption for Chiropractic Board  .  The Chiropractic Act was  
            created through an initiative measure approved by the voters  
            of California on November 7, 1922.  As is common with many  
            initiatives, unless the initiative measure states otherwise,  
            it may not be amended or repealed by the Legislature without  
            voter approval.  

           4)Related legislation  .  AB 2396 (Bonta) of 2014 prohibits a  
            board from denying a license based solely on a conviction that  
            has been dismissed, as specified.  This bill is with this  
            committee.  

           Analysis Prepared by  :    Jennifer Swenson / APPR. / (916)  
          319-2081