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AB-646 Department of Consumer Affairs: boards: expunged convictions.(2021-2022)

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Date Published: 01/21/2022 12:16 PM
AB646:v96#DOCUMENT

Amended  IN  Assembly  January 24, 2022
Amended  IN  Assembly  April 14, 2021
Amended  IN  Assembly  April 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 646


Introduced by Assembly Members Low, Cunningham, and Gipson
(Coauthor: Senator Roth)

February 12, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 646, 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within the department that has posted on its internet website online license search system that a person’s license was revoked because the person was convicted of a crime, within 90 days of receiving an expungement order for the underlying offense from the person, if the person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. its online license search system. The bill would require the board, on receiving an expungement order, if the person is not currently licensed and does not reapply for licensure, to remove within the same period the initial posting on its internet website online license search system that the person’s license was revoked and information previously posted regarding arrests, charges, and convictions. The bill would authorize require the board to charge a fee of $25 to the person, not to exceed the cost person to cover the reasonable regulatory cost of administering the bill’s provisions. provisions, unless there is no associated cost. The bill would require the fee to be deposited by the board into the appropriate fund and would make the fee available only upon appropriation by the Legislature.
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 online license search system 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 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. online license search system.
(2) If the person is not currently licensed and does not reapply for licensure, remove the initial posting on its internet website online license search system that the person’s license was revoked and information previously posted regarding arrests, charges, and convictions.
(b) A (1) Except as provided in paragraph (2), a board within the department may shall charge a fee of twenty-five dollars ($25) to a person described in subdivision (a), not to exceed (a) to cover the reasonable regulatory cost of associated with administering this section. The
(2) A board shall not charge the fee if there is no cost associated with administering this section.
(3) A board may adopt regulations to implement this subdivision. The adoption, amendment, or repeal of a regulation authorized by this subdivision is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(4) 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.