AB 2409 — Professions and vocations: occupational regulations.
Last action — In committee: Set, first hearing. Failed passage. Reconsideration granted.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides that those boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation. This bill would establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to not have the person's criminal record used by a board as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation, except as specified, and the right of a person who is behind on his or her taxes or student loan payments to not have a board use that fact as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would authorize a person to petition a board to review an occupational regulation, as defined, within the board's jurisdiction for compliance with the above rights, as specified. The bill would authorize a person with a criminal record to petition a board at any time for a determination of whether the person's criminal record will automatically disqualify the person from obtaining a license from the board and would specify the criteria a board is allowed to use in making that determination. The bill would include related definitions and declare the intent of the Legislature in this regard.
Bill Text
- Amended 04/16/18 - Amended Assembly Current pdf April 16, 2018
- Amended 03/23/18 - Amended Assembly pdf March 23, 2018
- Introduced 02/14/18 - Introduced pdf February 14, 2018
- AB2409 View text html
Action History
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In committee: Set, first hearing. Failed passage. Reconsideration granted.
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Re-referred to Com. on B. & P.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
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Re-referred to Com. on B. & P.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
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Referred to Coms. on B. & P. and JUD.
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From printer. May be heard in committee March 17.
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Read first time. To print.
Sponsors
- Kiley · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No
Sponsors (1)
- Kiley
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 7 | 0 | 0 |
| Democratic | 0 | 4 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 5 | 11 | 0 | 0 |
| % of votes cast | 31% | 69% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Brough | — | Yea |
| Low | — | Nay |
| Mullin | — | Nay |
| Eggman | — | Nay |
| Holden | — | Nay |
| Fong | — | Yea |
| Chiu | — | Nay |
| Baker | — | Yea |
| Bloom | — | Nay |
| Cunningham | — | Yea |
| Ting | — | Nay |
| Arambula, Joaquin | Democratic | Nay |
| Gipson, Mike A. | Democratic | Nay |
| Grayson, Timothy S. | Democratic | Nay |
| Irwin, Jacqui | Democratic | Nay |
| Chen, Phillip | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2409 do?
- Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides that those boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation. This bill would establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to not have the person's criminal record used by a board as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation, except as specified, and the right of a person who is behind on his or her taxes or student loan payments to not have a board use that fact as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would authorize a person to petition a board to review an occupational regulation, as defined, within the board's jurisdiction for compliance with the above rights, as specified. The bill would authorize a person with a criminal record to petition a board at any time for a determination of whether the person's criminal record will automatically disqualify the person from obtaining a license from the board and would specify the criteria a board is allowed to use in making that determination. The bill would include related definitions and declare the intent of the Legislature in this regard.
- Who sponsors AB 2409?
- AB 2409 is sponsored by Kiley.
- What is the current status of AB 2409?
- This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2409?
- Track AB 2409 free on One Click Politics — get push/email alerts when it moves.
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