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AB-1005 Professions and vocations: fines: relief.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB1005:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1005


Introduced by Assembly Member Calderon

February 16, 2017


An act to add Section 139.2 to amend Section 12.5 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1005, as amended, Calderon. Department of Consumer Affairs. Professions and vocations: fines: relief.
Under existing law, the Department of Consumer Affairs is under the control of the Director of Consumer Affairs and is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. A violation of a regulatory act by a licensee can subject a licensee to discipline, including administrative penalties or citations, suspension, or revocation of the license. Existing law specifies that whenever any provision of law governing businesses and professions grants authority to issue a citation for a violation of a code provision, that authority also includes the authority to issue a citation for the violation of any regulation adopted pursuant to code.
This bill would authorize boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate professions and vocations, when granted the authority to issue a citation, to instead issue a fix-it ticket in lieu of a fine. The bill would specify that any person who is issued a fix-it ticket in lieu of a citation would have 30 days in which to correct the violation before being issued the fine.

Under existing law, there is the Office of Professional Examination Services within the Department of Consumer Affairs. Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs.

This bill would require the office to conduct an occupational analysis of every professions and vocations license subject to examination in this state to determine the licenses with a need for the examination to be offered in languages other than English. The bill would also require the office to report this analysis with recommendations to the Legislature by January 1, 2019.

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

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


SECTION 1.

 Section 12.5 of the Business and Professions Code is amended to read:

12.5.
 (a) Whenever in any provision of this code authority is granted grants authority to issue a citation for a violation of any provision of this code, that authority also includes the authority to issue a citation for the violation of any regulation adopted pursuant to any provision of this code.
(b) The authority to issue a citation for a violation of any provision of this code also includes the authority to issue a fix-it ticket, in lieu of a fine. Any person who is issued a fix-it ticket in lieu of a citation and fine shall have 30 days in which to correct the violation before being issued the fine.

SECTION 1.Section 139.2 is added to the Business and Professions Code, to read:
139.2.

(a)The Office of Professional Examination Services shall conduct an occupational analysis of every license subject to examination in this state to determine the licenses with a need for the examination to be offered in languages other than English.

(b)(1)Pursuant to Section 9795 of the Government Code, the office shall report this analysis with recommendations to the Legislature by January 1, 2019.

(2)This subdivision shall become inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code.