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AB-1616 Department of Consumer Affairs: boards: expunged convictions.(2019-2020)

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Date Published: 07/07/2020 09:00 PM
AB1616:v96#DOCUMENT

Amended  IN  Senate  July 07, 2020
Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1616


Introduced by Assembly Member Low
(Coauthor: Assembly Member Eduardo Garcia)

February 22, 2019


An act to add Section 493.5 to the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1616, as amended, Low. Department of Consumer Affairs: boards: expunged convictions.
Existing law establishes the Department of Consumer Affairs, which is composed of various boards, and authorizes a board to suspend or revoke a license on the ground that the licensee has been convicted of a crime substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California and requires the board to post certain historical information on current and former licensees, including felony and certain misdemeanor convictions. Existing law also requires the Medical Board of California, upon receipt of a certified copy of an expungement order from a current or former licensee, to post notification of the expungement order and the date thereof on its internet website.
This bill would require a board within the department that has posted on its internet website that a person’s license was revoked because the person was convicted of a crime to, crime, within 6 months 90 days of receiving the an expungement order for the underlying offense from the person, if the person reapplies for licensure or is relicensed, to post notification of the expungement order and the date thereof on the board’s internet website if the person applies for licensure or is relicensed, or remove the initial posting on its internet website that the person’s license was revoked website. The bill would require the board, on receiving an expungement order, if the person is not currently licensed and does not reapply for licensure, as specified. to remove within the same period the initial posting on its internet website that the person’s license was revoked and information previously posted regarding arrests, charges, and convictions. The bill would require a person in either case to pay a fee, to be $50 fee to the board, unless another amount is determined by the department, to the board for board to be necessary to cover the cost of administering the bill’s provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 493.5 is added to the Business and Professions Code, to read:

493.5.
 (a) A board within the department that has posted on its internet website that a person’s license was revoked because the person was convicted of a crime, upon receiving from the person a certified copy of an expungement order granted pursuant to Section 1203.4 of the Penal Code for the underlying offense, shall, within six months 90 days of receiving the expungement order, unless it is otherwise prohibited by law, or by other terms or conditions, do either of the following:
(1) If the person reapplies for licensure or has been relicensed, post notification of the expungement order and the date thereof on its internet website.
(2) If the person is not currently licensed and does not reapply for licensure, remove the initial posting on its internet website that the person’s license was revoked. revoked and information previously posted regarding arrests, charges, and convictions.
(b) A person described in subdivision (a) shall pay to the board a fee in an the amount to be of fifty dollars ($50), unless another amount is determined by the department board to be necessary to cover the administrative cost, ensuring that the amount does not exceed the reasonable cost of administering this section. The fee shall be deposited by the board into the appropriate fund and shall be available only upon appropriation by the Legislature.
(c) For purposes of this section “board” means an entity listed in Section 101.
(d) If any provision in this section conflicts with Section 2027, Section 2027 shall prevail.