California 2019-2020 Regular Session Status: Passed Assembly

AB 109 — Department of Consumer Affairs: boards: licensees: regulatory fees.

Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes the Department of Consumer Affairs, which is comprised of boards that are established for the purpose of licensing and regulating various professions and vocations, including healing arts licensees and generally authorizes a board to charge fees for the reasonable regulatory cost of administering the regulatory program for the profession or vocation. Existing law establishes the Professions and Vocations Fund in the State Treasury, which consists of specified special funds and accounts, some of which are continuously appropriated. (1) Existing law requires a Controlled Substance Utilization Review and Evaluation System (CURES) fee of $6 to be assessed annually, at the time of license renewal, on specified active licensees to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. Existing law requires these fees to be deposited in the CURES Fund, which is subject to appropriation by the Legislature. This bill, beginning April 1, 2021, would increase that fee to $11 and subsequently, beginning April 1, 2023, the bill would decrease that fee to $9. (2) Existing law regulates the practice of podiatric medicine by the Podiatric Medical Board of California and prescribes various fees relating to, among others, an application, licensure, and renewal. All revenue received by the board is required to be deposited into the Podiatric Medical Board Fund, which is available to the board upon appropriation by the Legislature. Existing law, on and after January 1, 2021, decreases the biennial renewal fee from $1,100 to $900. This bill instead would increase the biennial renewal fee from $1,100 to $1,318 on and after January 1, 2021. (3) Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law establishes the Acupuncture Fund to carry out the provisions of the act, upon appropriation by the Legislature. Existing law requires the board to issue a license to practice acupuncture to a person who, among other things, furnishes satisfactory evidence of completion of one of specified types of education and training, including satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board. Existing law requires the fees prescribed for acupuncture tutorial programs to be specified amounts. Existing law requires the board to pay the entire amount of the revenue it receives pursuant to the act to the Treasurer for deposit in the fund. This bill would decrease the application and registration fee to supervise an acupuncture trainee from $200 to $100, and would authorize the board to increase the fee to not more than $200. The bill would increase the annual renewal fee for approval to supervise an acupuncture trainee from $50 to $200, and would authorize the board to increase the fee to not more than $500. The bill would increase the application fee for an acupuncture trainee from $25 to $1,000, and would authorize the board to increase the fee to not more than $2,500. The bill would increase the renewal fee for an acupuncture trainee from $10 to $500, and would authorize the board to increase the fee to not more than $600. The bill would revise the delinquency fee for a supervisor from 50% of the renewal fee to be 50% of the renewal fee in effect on the date of the renewal of the license, but not less than $25 nor more than $150. The bill would revise the delinquency fee for an acupuncture trainee from 50% of the renewal fee to be $100, and would authorize the board to increase the fee to not more than $200. The bill would make these provisions operative on January 1, 2021. Existing law requires a licensee, within 30 days of licensure, to register each of the licensee's places of practice or notify the board if the licensee does not have a place of practice. Existing law requires an acupuncturist to post a wall license at their place of practice and, if the acupuncturist has more than one place of practice, to obtain and post a duplicate wall license at each place of practice. Existing law requires a licensee to apply to the board to obtain a wall license for each place of practice and to renew each wall license biennially. Existing law requires a licensee to carry a pocket license during treatments outside of the licensee's place of practice and to make the pocket license available upon request. Existing law requires a licensee to return a former wall license to the board if the licensee obtains a new wall license for a location. Existing law revises specified fees associated with acupuncture practice, including specifying that an initial license fee shall include one wall license registration if a place of practice is specified in the application, and establishes a wall license renewal fee, a wall license replacement fee, and a pocket license replacement fee. Existing law makes the provisions described in this paragraph operative January 1, 2021. This bill instead would revise the amounts of the fees that are operative on January 1, 2021, including requiring the application fee to be $250 and authorizing the board to increase the application fee to not more than $350, requiring the examination and reexamination fees to be $800, requiring the initial license fee and the renewal to be $500 each, except as specified, requiring the endorsement fee to be $100, and requiring the wall license fee, the wall license renewal fee, the wall license replacement fee, and the pocket license replacement fee to be $50 each. The bill would, commencing January 1, 2021, require the application fee for foreign applicants to be $350 and authorizes the board to increase the application fee to not more than $500. The bill, commencing January 1, 2021, would require the approval fee for each provider of continuing education and the biennial renewal fee for each provider to be $500 each, and would authorize the board to increase the fees to not more than $700. The bill, commencing January 1, 2021, would require the fee for continuing education course applications to be assessed to the continuing education provider at a floor of $10 per hour of continuing education requested to offer, and a cap of $20 per hour of continuing education requested to offer, allowing up to a maximum of 50 hours to be approved per course application. The bill would specify that an approved course may be offered for a period of one year from the date of the board course approval. (4) Existing law provides for the licensure and regulation of marriage and family therapists, licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors by the Board of Behavioral Sciences. Existing law requires applicants for licensure and licensees under those acts to pay specified fees for licensure, license renewal, and examinations, and requires licensees who renew their license after allowing it to expire to pay delinquency fees. Existing law requires the board to establish the required fees at or below the maximum amounts specified under the act. Under existing law, the Behavioral Sciences Fund is required to be used for the purposes of carrying out and enforcing those provisions. Under existing law, all moneys in the Behavioral Sciences Fund is required to be expended, upon appropriation of the Legislature, by the respective board, as provided. This bill would revise and recast the fees described above. The bill would establish new minimum fee amounts, and would authorize the board to adopt regulations to set the fees at a higher amount up to the prescribed maximum. The bill would require the delinquency fee to be 50% of the fee for license renewal. The bill would make these provisions operative on January 1, 2021.

Bill Text

Action History

  1. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  2. Joint Rules 61 and 62(a) suspended. (Ayes 29. Noes 10. Page 4299.)

  3. Re-referred to Com. on B. & F.R.

  4. Read second time. Ordered to third reading.

  5. From committee: Do pass. (Ayes 13. Noes 4.) (September 10).

  6. Senate Rule 29.3(b) suspended. (Ayes 29. Noes 7. Page 2690.)

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  8. In committee: Hearing postponed by committee.

  9. In committee: Hearing postponed by committee.

  10. In committee: Hearing postponed by committee.

  11. In committee: Hearing postponed by committee.

  12. Referred to Com. on B. & F.R.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 13. Page 1182.)

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Withdrawn from committee.

  18. Assembly Rule 96 suspended. (Ayes 53. Noes 15. Page 1032.)

  19. Referred to Com. on BUDGET.

  20. From printer. May be heard in committee January 3.

  21. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Committee on Budget

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 8201
Republican 0200
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Monning — Yea
Skinner — Yea
Beall — Yea
Wieckowski — Yea
Roth — Yea
Mitchell — Yea
Pan — Yea
Leyva — Yea
Nielsen — Nay
Moorlach — Not Voting
Mark Stone — Nay
Caballero, Anna M. Democratic Yea
Hurtado, Melissa Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Dahle, Megan Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 109 Ting Assembly Third Reading

Passed 54 Yea · 13 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 32808
Democratic 22102
Republican 0403
Total 5413013
% of votes cast 68%16%0%16%
How each member voted (80)
Member Party Vote
Salas — Yea
Frazier — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
McCarty — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Voepel — Nay
Brough — Nay
Kiley — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Waldron — Nay
Mayes — Not Voting
Chiu — Not Voting
Levine — Not Voting
Cooley — Not Voting
Cunningham — Not Voting
Diep — Not Voting
Low — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Subjects

labor health-insurance
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Frequently asked questions

What does AB 109 do?
Existing law establishes the Department of Consumer Affairs, which is comprised of boards that are established for the purpose of licensing and regulating various professions and vocations, including healing arts licensees and generally authorizes a board to charge fees for the reasonable regulatory cost of administering the regulatory program for the profession or vocation. Existing law establishes the Professions and Vocations Fund in the State Treasury, which consists of specified special funds and accounts, some of which are continuously appropriated. (1) Existing law requires a Controlled Substance Utilization Review and Evaluation System (CURES) fee of $6 to be assessed annually, at the time of license renewal, on specified active licensees to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. Existing law requires these fees to be deposited in the CURES Fund, which is subject to appropriation by the Legislature. This bill, beginning April 1, 2021, would increase that fee to $11 and subsequently, beginning April 1, 2023, the bill would decrease that fee to $9. (2) Existing law regulates the practice of podiatric medicine by the Podiatric Medical Board of California and prescribes various fees relating to, among others, an application, licensure, and renewal. All revenue received by the board is required to be deposited into the Podiatric Medical Board Fund, which is available to the board upon appropriation by the Legislature. Existing law, on and after January 1, 2021, decreases the biennial renewal fee from $1,100 to $900. This bill instead would increase the biennial renewal fee from $1,100 to $1,318 on and after January 1, 2021. (3) Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law establishes the Acupuncture Fund to carry out the provisions of the act, upon appropriation by the Legislature. Existing law requires the board to issue a license to practice acupuncture to a person who, among other things, furnishes satisfactory evidence of completion of one of specified types of education and training, including satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board. Existing law requires the fees prescribed for acupuncture tutorial programs to be specified amounts. Existing law requires the board to pay the entire amount of the revenue it receives pursuant to the act to the Treasurer for deposit in the fund. This bill would decrease the application and registration fee to supervise an acupuncture trainee from $200 to $100, and would authorize the board to increase the fee to not more than $200. The bill would increase the annual renewal fee for approval to supervise an acupuncture trainee from $50 to $200, and would authorize the board to increase the fee to not more than $500. The bill would increase the application fee for an acupuncture trainee from $25 to $1,000, and would authorize the board to increase the fee to not more than $2,500. The bill would increase the renewal fee for an acupuncture trainee from $10 to $500, and would authorize the board to increase the fee to not more than $600. The bill would revise the delinquency fee for a supervisor from 50% of the renewal fee to be 50% of the renewal fee in effect on the date of the renewal of the license, but not less than $25 nor more than $150. The bill would revise the delinquency fee for an acupuncture trainee from 50% of the renewal fee to be $100, and would authorize the board to increase the fee to not more than $200. The bill would make these provisions operative on January 1, 2021. Existing law requires a licensee, within 30 days of licensure, to register each of the licensee's places of practice or notify the board if the licensee does not have a place of practice. Existing law requires an acupuncturist to post a wall license at their place of practice and, if the acupuncturist has more than one place of practice, to obtain and post a duplicate wall license at each place of practice. Existing law requires a licensee to apply to the board to obtain a wall license for each place of practice and to renew each wall license biennially. Existing law requires a licensee to carry a pocket license during treatments outside of the licensee's place of practice and to make the pocket license available upon request. Existing law requires a licensee to return a former wall license to the board if the licensee obtains a new wall license for a location. Existing law revises specified fees associated with acupuncture practice, including specifying that an initial license fee shall include one wall license registration if a place of practice is specified in the application, and establishes a wall license renewal fee, a wall license replacement fee, and a pocket license replacement fee. Existing law makes the provisions described in this paragraph operative January 1, 2021. This bill instead would revise the amounts of the fees that are operative on January 1, 2021, including requiring the application fee to be $250 and authorizing the board to increase the application fee to not more than $350, requiring the examination and reexamination fees to be $800, requiring the initial license fee and the renewal to be $500 each, except as specified, requiring the endorsement fee to be $100, and requiring the wall license fee, the wall license renewal fee, the wall license replacement fee, and the pocket license replacement fee to be $50 each. The bill would, commencing January 1, 2021, require the application fee for foreign applicants to be $350 and authorizes the board to increase the application fee to not more than $500. The bill, commencing January 1, 2021, would require the approval fee for each provider of continuing education and the biennial renewal fee for each provider to be $500 each, and would authorize the board to increase the fees to not more than $700. The bill, commencing January 1, 2021, would require the fee for continuing education course applications to be assessed to the continuing education provider at a floor of $10 per hour of continuing education requested to offer, and a cap of $20 per hour of continuing education requested to offer, allowing up to a maximum of 50 hours to be approved per course application. The bill would specify that an approved course may be offered for a period of one year from the date of the board course approval. (4) Existing law provides for the licensure and regulation of marriage and family therapists, licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors by the Board of Behavioral Sciences. Existing law requires applicants for licensure and licensees under those acts to pay specified fees for licensure, license renewal, and examinations, and requires licensees who renew their license after allowing it to expire to pay delinquency fees. Existing law requires the board to establish the required fees at or below the maximum amounts specified under the act. Under existing law, the Behavioral Sciences Fund is required to be used for the purposes of carrying out and enforcing those provisions. Under existing law, all moneys in the Behavioral Sciences Fund is required to be expended, upon appropriation of the Legislature, by the respective board, as provided. This bill would revise and recast the fees described above. The bill would establish new minimum fee amounts, and would authorize the board to adopt regulations to set the fees at a higher amount up to the prescribed maximum. The bill would require the delinquency fee to be 50% of the fee for license renewal. The bill would make these provisions operative on January 1, 2021.
Who sponsors AB 109?
AB 109 is sponsored by Committee on Budget.
What is the current status of AB 109?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 109?
Track AB 109 free on One Click Politics — get push/email alerts when it moves.

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