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AB-1013 Remote accessible vote by mail system. (2017-2018)

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Date Published: 04/19/2018 09:00 PM
AB1013:v97#DOCUMENT

Amended  IN  Senate  April 19, 2018
Amended  IN  Assembly  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1013


Introduced by Assembly Member Low

February 16, 2017


An act to amend an initiative act entitled “An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith” approved by voters November 7, 1922, (the Chiropractic Act) by amending Sections 5 and 12 of the act, relating to chiropractors. add Sections 3016.5 and 3116.5 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1013, as amended, Low. Chiropractors. Remote accessible vote by mail system.
Existing law permits a person, corporation, or public agency to apply to the Secretary of State for certification or conditional approval of a remote accessible vote by mail system. Existing law requires the Secretary of State to examine and certify remote accessible vote by mail systems, as specified.
Existing law permits a voter, including a voter with a disability or a military or overseas voter, to apply for and receive a vote by mail ballot from his or her county elections official. Existing law also authorizes specified counties to conduct an election as an all-mailed ballot election if specified requirements are satisfied, including requirements relating to accessibility by voters with disabilities.
This bill would require a county elections official to permit a voter with a disability, or a military or overseas voter, to cast his or her ballot using a certified remote accessible vote by mail system. This requirement would not apply to a county when conducting an all-mailed ballot election, as specified. These provisions would become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to existing provisions of law, whichever is later.
By imposing additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners. Under the act, on and after January 1, 2019, each person practicing chiropractic, after a license has been issued, is annually required to pay the board a renewal fee of $250. Existing law authorizes the Legislature to fix these fees. Existing law directs the deposit of these funds into the State Board of Chiropractic Examiners’ Fund, a continuously appropriated fund.

This bill, on and after January 1, 2019, would revise the annual renewal fee to be no more than $250, as determined by the board. The bill would also make additional nonsubstantive changes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 The Legislature recognizes that some individuals with disabilities are not able to vote privately and independently using vote by mail ballots. In order to ensure that more individuals with disabilities have the opportunity to vote by mail privately and independently, it is the intent of the Legislature that certified remote accessible vote by mail systems be available for use by individuals with disabilities in all counties that are not conducting an election pursuant to Section 4005 of the Elections Code. An election held pursuant to Section 4005 of the Elections Code is currently required to have an accessible vote by mail system that is available for use by individuals with disabilities. Ensuring access to voting for all citizens is a priority for the Legislature.

SEC. 2.

 Section 3016.5 is added to the Elections Code, to read:

3016.5.
 (a) A county elections official shall permit a voter with a disability to cast his or her ballot using a certified remote accessible vote by mail system.
(b) This section does not apply to a county when conducting an all-mailed ballot election pursuant to Section 4005.
(c) This section shall become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19, whichever is later.

SEC. 3.

 Section 3116.5 is added to the Elections Code, to read:

3116.5.
 (a) A county elections official shall permit a military or overseas voter to cast his or her ballot using a certified remote accessible vote by mail system.
(b) This section does not apply to a county when conducting an all-mailed ballot election pursuant to Section 4005.
(c) This section shall become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19, whichever is later.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 5 of the Chiropractic Act, as amended by Section 1 of Chapter 533 of the Statutes of 1983, is amended to read:
Sec.5.

(a)It shall be unlawful for any person to practice chiropractic in this state without a license so to do.

(b)Any person wishing to practice chiropractic in this state shall make application to the board 45 days prior to any meeting thereof, upon such form and in such manner as may be provided by the board.

(c)Proof of graduation from an approved chiropractic school or college, as defined in Section 4, must reach the board 15 days prior to any meeting thereof.

(d)Each application must be accompanied by a licensee fee of not more than one hundred dollars ($100), as determined by the board.

(e)Except in the cases herein otherwise prescribed, each applicant shall present to the board at the time of making such application a diploma from a high school and a transcript of 60 prechiropractic college credits satisfactory to the board, or proof, satisfactory to the board, of education equivalent in training power to such high school and college courses.

(f)The schedule of minimum educational requirements to enable any person to practice chiropractic in this state is as follows, except as herein otherwise provided:

Group 1


Anatomy, including embryology and histology14%


Group 2


Physiology6%


Group 3


Biochemistry and clinical nutrition6%


Group 4


Pathology and bacteriology10%


Group 5


Public health, hygiene and sanitation3%


Group 6


Diagnosis, dermatology, syphilology and geriatrics, and radiological technology, safety, and interpretation18%


Group 7


Obstetrics and gynecology and pediatrics3%


Group 8


Principles and practice of chiropractic, physical therapy, psychiatry, and office procedure25%


Total85%


Electives15%


(g)Any applicant who had matriculated at a chiropractic college prior to the effective date of the amendments to this section submitted to the electors by the 1977-1978 Regular Session of the Legislature shall meet all requirements that existed immediately prior to the effective date of those amendments but need not meet the change in requirements made by said amendments.

SEC. 2.Section 12 of the Chiropractic Act, as amended by Section 78 of Chapter 429 of the Statutes of 2017, is amended to read:
Sec. 12.

(a)Licenses issued under the provisions of this section expire at 12 midnight on the last day of the month of birth of licentiates of the board.

(b)The board shall establish regulations for the administration of a birth month renewal program.

(c)A person practicing chiropractic within this state shall, on or before the last day of the person’s month of birth of each year, after a license is issued to the person under this act, pay to the Board of Chiropractic Examiners the renewal fee specified under subdivision (d).

(d)(1)Until January 1, 2019, the renewal fee shall be three hundred dollars ($300).

(2)On and after January 1, 2019, the renewal fee shall be no more than two hundred fifty dollars ($250), as determined by the board in an amount not to exceed the reasonable regulatory cost.

(e)The secretary shall mail to a licensed chiropractor in this state, on or before 60 days prior to the last day of the month of the licensee’s birth each year, a notice that the renewal fee will be due on or before the last day of the next month following the licensee’s birth. Nothing in this act shall be construed to require the receipts to be recorded in like manner as original licenses.

(f)The failure, neglect or refusal of a person holding a license or certificate to practice under this act in the State of California to pay the annual fee during the time the license remains in force shall, after a period of 60 days from the last day of the month of the licensee’s birth, automatically work a forfeiture of the license or certificate, and it shall not be restored except upon the written application therefor and the payment to the board of a fee of twice the annual amount of the renewal fee in effect at the time the restoration application is filed except that a licensee who fails, refuses, or neglects to pay the annual tax within a period of 60 days after the last day of the month of the licensee’s birth of each year shall not be required to submit to an examination for the reissuance of the certificate.