California 2021-2022 Regular Session Status: Enacted 1 R cosponsors

AB 830 — Business: Department of Consumer Affairs: licensed professions and vocations.

Last action — Chaptered by Secretary of State - Chapter 376, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires the Director of the Department of Consumer Affairs to administer and enforce those provisions. This bill would require the director to notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any bureau or board within the department becomes vacant, as specified. (2) Existing law, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs for the licensure and regulation of persons engaged in the practice of architecture. Existing law authorizes an architect to form a business entity, as described, with persons who are not architects under certain circumstances. This bill would authorize a business entity organized as a general corporation to include in its name any or all of the following, as specified: a fictitious name, the name of one or more licensed architects, or the term "architect, the term "architecture," or other variations of the term "architect" or "architecture." (3) Existing law provides for the licensure and regulation of locksmiths by the Bureau of Security and Investigative Services within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. This bill would make the failure of any licensee who is also licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (4) Existing law, the Contractors' State License Law, establishes the Contractors' State License Board in the Department of Consumer Affairs for the licensure and regulation of contractors. Existing law requires the board to require an applicant to show the degree of knowledge and experience in the classification applied for, and the general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business that the board deems necessary for the safety and protection of the public. Existing law authorizes an applicant for a license to qualify the applicant's knowledge and experience by the appearance of, among other qualifying individuals, a responsible managing employee who is qualified for the same license classification as the classification being applied for. Existing law defines "responsible managing employee" for purposes of the Contractors' State License Law to mean an individual who is a bona fide employee of the applicant and is actively engaged in the classification of work for which that responsible managing employee is the qualifying person on behalf of the applicant. This bill would, for purposes of the above-described definition of "responsible managing employee," define "a bona fide employee of the applicant" to mean an employee who is permanently employed by the applicant, and "actively engaged" to mean working 32 hours per week, or 80% of the total hours per week that the applicant's business is in operation, whichever is less. Under existing law, the person qualifying on behalf of an individual or firm is responsible for exercising direct supervision and control of their employer's or principal's construction operations as necessary to secure full compliance with the Contractors' State License Law and the rules and regulations of the Contractors' State License Board. Existing law requires the board to require every applicant or licensee qualifying by the appearance of a qualifying individual to submit detailed information on the qualifying individual's duties and responsibilities for supervision and control of the applicant's construction operations. Existing law makes a violation of these provisions a cause for disciplinary action and punishable as a misdemeanor, as specified. This bill would instead make the person qualifying on behalf of an individual or firm responsible for exercising supervision and control of their employer's or principal's construction operations as necessary to secure full compliance with the Contractors' State License Law and the rules and regulations of the Contractors' State License Board. The bill would include an employment duty statement prepared by the qualifier's employer or principal in the detailed information on the qualifying individual's duties and responsibilities for supervision and control of the applicant's construction operations that the applicant or licensee is required to submit. The bill would make the failure to provide the information on the qualifying individual's duties and responsibilities for supervision and control of the applicant's construction operations a cause for disciplinary action and punishable as a misdemeanor, as specified. By expanding the scope of a crime, this bill would create a state-mandated local program. The bill would, for these purposes, define "supervision or control" for these purposes to mean direct supervision or control or monitoring and being available to assist others to whom direct supervision and control has been delegated, and "direct supervision or control" to mean supervising construction, managing construction activities by making technical and administrative decisions, checking jobs for proper workmanship, or supervision on construction job sites. (5) Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services, within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. This bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (6) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services, within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. Existing law requires the bureau to issue a firearms permit when all of certain conditions are satisfied, including that a certified firearms training instructor has certified that the applicant has successfully completed the bureau's written examination and a bureau-approved training course on the carrying and use of firearms, and, if the applicant is a registered security guard, that the applicant has been found capable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm. Existing law prohibits the bureau from renewing a firearms qualification card unless certain conditions are met, including that the applicant has requalified on the shooting range and successfully passed a written examination. This bill would prohibit an applicant who is a bureau-certified firearms training instructor from self-certifying their own completion of these requirements or from self-certifying the requalification requirements for a firearms qualification card. The bill would require an applicant who is a registered security guard to complete the requirement of being found capable of exercising appropriate judgment, restraint, and self-control to be completed within 6 months of submitting an application to the bureau. This bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (7) Existing law, the Proprietary Security Services Act, provides for the licensure and regulation of persons providing proprietary private security services by the Bureau of Security and Investigative Services, within Department of Consumer Affairs. This bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a registration. (8) Existing law, the Private Security Services Act, provides for the licensure and regulation of persons providing private security services by the Bureau of Security and Investigative Services, within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. Existing law requires the bureau to issue a firearms permit when all of certain conditions are satisfied, including that a certified firearms training instructor has certified that the applicant has successfully completed the bureau's written examination and a bureau-approved training course on the carrying and use of firearms. Existing law prohibits the bureau from renewing a firearms qualification card unless certain conditions are satisfied, including that the applicant has requalified on the shooting range and successfully passed a written examination. This bill would prohibit an applicant who is a bureau-certified firearms training instructor from self-certifying their own completion of these requirements or from self-certifying the requalification requirements for a firearms qualification card. This bill would make the failure of any licensee who is also licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (9) Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services, within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operator's license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. (A) Existing law defines terms for purposes of the act, including the terms "alarm agent" and "alarm system." This bill would change the definition of "alarm agent" to specify that the person is employed to physically conduct activities within the state. The bill would exclude from the definition of "alarm system" a fire protection system, as specified, and make other conforming changes. (B) Existing law requires an application for an alarm company operator license to be made in writing to, and filed with, the chief in the form that may be required by the director and accompanied by the original license fee. Existing law authorizes the Department of Consumer Affairs to enter into a contract with a vendor for the licensing and enforcement of the BreEZe system, which is a specified integrated, enterprisewide enforcement case management and licensing system, as specified. This bill, on and after July 1, 2022, would require all applications under the act to be submitted electronically through the online licensing and enforcement platform. (C) Existing law requires each individual applicant, partner of a partnership, designated officer of a corporation, or manager, as specified, to submit with the application a personal identification form with a photograph taken within one year immediately preceding the date of the filing of the application. This bill would remove the requirement that these individuals submit photographs on the personal identification form. (D) Existing law requires an alarm agent, while on duty, to carry either a valid and current registration card or a temporary application for a registration. This bill would require, if an alarm agent carries a temporary application for registration, that it include the application number and that they also carry a valid photo identification. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would authorize the registration card or temporary application carried by the alarm agent to be in a digital format, as described. (E) Existing law requires every person licensed, registered, or designated under the act, who in the course of their employment carries a firearm, to complete a course of training in the carrying and use of firearms, receive a firearms qualification card prior to carrying a firearm, and complete a course in the exercise of the powers to arrest. This bill would also require, before a firearms permit is issued by the director, that it be certified by a bureau-certified firearms instructor that the applicant successfully completed a written examination prepared by the bureau. The bill would prohibit an applicant who is a bureau-certified firearms training instructor from self-certifying their own completion of these requirements or from self-certifying the requalification requirements for a firearms qualification card. The bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25 percent of the fee imposed for renewal of a license. (10) Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, who is the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. Existing law prohibits a real estate licensee from publishing, circulating, distributing, or causing to be published, circulated, or distributed in newspapers or periodicals or mail, a matter pertaining to any activity for which a real estate license is required that does not contain a designation disclosing that the licensee is performing acts for which a real estate license is required. Existing law also requires a real estate licensee to disclose their name, license identification number, and other specified information, on all solicitation materials intended to be the first point of contact with consumers and on real property purchase agreements, as specified. Existing law authorizes the commissioner to adopt regulations identifying the materials in which a licensee must disclose this information. This bill would authorize a real estate licensee who is a natural person and who legally changes the surname in which their license was originally issued to continue to utilize their former surname for business associated with their license so long as both names are filed with the department. The bill would provide that use of a former surname does not constitute a fictitious name for purposes of certain filing requirements. (11) Existing law requires process servers and professional photocopiers to be registered with the county clerk of the county in which they reside or have a principal place of business, as specified. Existing law requires the certificate of registration to contain, among other things, specified contact information for the registrant. This bill would include the email address for the registrant, as specified, among the specified contact information that the certificate of registration is required to contain. (12) Existing law, the Cemetery and Funeral Act, provides for the licensure and regulation of private cemeteries by the Cemetery and Funeral Bureau, within the Department of Consumer Affairs. Existing law authorizes, on or after January 1, 2021, a cemetery authority of a private cemetery to apply to the bureau to convert its endowment care fund from a net income distribution method to a unitrust distribution method. Existing law requires the bureau to approve an application only if certain conditions are met, including that the cemetery authority, its board of trustees, or its corporate trustee demonstrates sufficient knowledge and expertise in investing and managing the endowment care fund under the unitrust distribution method. This bill would instead require that the cemetery authority, its board of trustees, or its corporate trustee demonstrates sufficient knowledge and expertise in investing and managing an endowment care fund. (13) This bill would make other nonsubstantive and conforming changes. (14) This bill would incorporate additional changes to Section 7596.3 of the Business and Professions Code proposed by AB 229 to be operative only if this bill and AB 229 are enacted and this bill is enacted last. (15) 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 376, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3118.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 18. Noes 0.) (September 10).

  6. Joint Rule 62(a), file notice suspended. (Page 3087.)

  7. Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2533.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Ordered to third reading.

  13. From Consent Calendar.

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  16. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (July 12). Re-referred to Com. on APPR.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  18. Referred to Com. on B., P. & E.D.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1757.)

  21. Ordered to third reading.

  22. From Consent Calendar.

  23. Read second time. Ordered to Consent Calendar.

  24. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 5).

  25. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 19. Noes 0.) (April 27). Re-referred to Com. on APPR.

  26. Re-referred to Com. on B. & P.

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

  28. Re-referred to Com. on B. & P.

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

  30. Referred to Com. on B. & P.

  31. From printer. May be heard in committee March 20.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 3000
Unaffiliated 10001
Democratic 5000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Mullin — Not Voting
Bloom — Yea
Cunningham — Yea
Salas — Yea
Chiu — Yea
Ting — Yea
Low — Yea
Holden — Yea
Medina — Yea
McCarty — Yea
Vince Fong — Yea
Berman, Marc Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 43001
Republican 9000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie 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
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB830 Flora By Roth

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Democratic 12001
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wilk — Yea
Leyva — Yea
Rubio — Yea
Hertzberg — Yea
Pan — Yea
Bradford — Yea
Borgeas — Yea
Gonzalez — Yea
Skinner — Yea
Glazer — Yea
Melendez — Yea
Min — Yea
Portantino — Yea
Atkins — Yea
Dodd — Yea
Roth — Yea
Wieckowski — Yea
Hueso — Yea
Nielsen — Yea
Newman — Yea
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 9000
Republican 2000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Roth — Yea
Bates — Yea
Pan — Yea
Dodd — Yea
Newman — Yea
Leyva — Yea
Eggman — Yea
Melendez — Yea
Min — Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 28000
Unaffiliated 41000
Republican 10000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie 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
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 7000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 3000
Democratic 6000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Bloom — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Ting — Yea
Low — Yea
Medina — Yea
McCarty — Yea
Cunningham — Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 830 do?
(1) Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires the Director of the Department of Consumer Affairs to administer and enforce those provisions. This bill would require the director to notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any bureau or board within the department becomes vacant, as specified. (2) Existing law, the Architects Practice Act, establishes the California Architects Board in the Department of Consumer Affairs for the licensure and regulation of persons engaged in the practice of architecture. Existing law authorizes an architect to form a business entity, as described, with persons who are not architects under certain circumstances. This bill would authorize a business entity organized as a general corporation to include in its name any or all of the following, as specified: a fictitious name, the name of one or more licensed architects, or the term "architect, the term "architecture," or other variations of the term "architect" or "architecture." (3) Existing law provides for the licensure and regulation of locksmiths by the Bureau of Security and Investigative Services within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. This bill would make the failure of any licensee who is also licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (4) Existing law, the Contractors' State License Law, establishes the Contractors' State License Board in the Department of Consumer Affairs for the licensure and regulation of contractors. Existing law requires the board to require an applicant to show the degree of knowledge and experience in the classification applied for, and the general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business that the board deems necessary for the safety and protection of the public. Existing law authorizes an applicant for a license to qualify the applicant's knowledge and experience by the appearance of, among other qualifying individuals, a responsible managing employee who is qualified for the same license classification as the classification being applied for. Existing law defines "responsible managing employee" for purposes of the Contractors' State License Law to mean an individual who is a bona fide employee of the applicant and is actively engaged in the classification of work for which that responsible managing employee is the qualifying person on behalf of the applicant. This bill would, for purposes of the above-described definition of "responsible managing employee," define "a bona fide employee of the applicant" to mean an employee who is permanently employed by the applicant, and "actively engaged" to mean working 32 hours per week, or 80% of the total hours per week that the applicant's business is in operation, whichever is less. Under existing law, the person qualifying on behalf of an individual or firm is responsible for exercising direct supervision and control of their employer's or principal's construction operations as necessary to secure full compliance with the Contractors' State License Law and the rules and regulations of the Contractors' State License Board. Existing law requires the board to require every applicant or licensee qualifying by the appearance of a qualifying individual to submit detailed information on the qualifying individual's duties and responsibilities for supervision and control of the applicant's construction operations. Existing law makes a violation of these provisions a cause for disciplinary action and punishable as a misdemeanor, as specified. This bill would instead make the person qualifying on behalf of an individual or firm responsible for exercising supervision and control of their employer's or principal's construction operations as necessary to secure full compliance with the Contractors' State License Law and the rules and regulations of the Contractors' State License Board. The bill would include an employment duty statement prepared by the qualifier's employer or principal in the detailed information on the qualifying individual's duties and responsibilities for supervision and control of the applicant's construction operations that the applicant or licensee is required to submit. The bill would make the failure to provide the information on the qualifying individual's duties and responsibilities for supervision and control of the applicant's construction operations a cause for disciplinary action and punishable as a misdemeanor, as specified. By expanding the scope of a crime, this bill would create a state-mandated local program. The bill would, for these purposes, define "supervision or control" for these purposes to mean direct supervision or control or monitoring and being available to assist others to whom direct supervision and control has been delegated, and "direct supervision or control" to mean supervising construction, managing construction activities by making technical and administrative decisions, checking jobs for proper workmanship, or supervision on construction job sites. (5) Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services, within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. This bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (6) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services, within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. Existing law requires the bureau to issue a firearms permit when all of certain conditions are satisfied, including that a certified firearms training instructor has certified that the applicant has successfully completed the bureau's written examination and a bureau-approved training course on the carrying and use of firearms, and, if the applicant is a registered security guard, that the applicant has been found capable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm. Existing law prohibits the bureau from renewing a firearms qualification card unless certain conditions are met, including that the applicant has requalified on the shooting range and successfully passed a written examination. This bill would prohibit an applicant who is a bureau-certified firearms training instructor from self-certifying their own completion of these requirements or from self-certifying the requalification requirements for a firearms qualification card. The bill would require an applicant who is a registered security guard to complete the requirement of being found capable of exercising appropriate judgment, restraint, and self-control to be completed within 6 months of submitting an application to the bureau. This bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (7) Existing law, the Proprietary Security Services Act, provides for the licensure and regulation of persons providing proprietary private security services by the Bureau of Security and Investigative Services, within Department of Consumer Affairs. This bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a registration. (8) Existing law, the Private Security Services Act, provides for the licensure and regulation of persons providing private security services by the Bureau of Security and Investigative Services, within the Department of Consumer Affairs. Existing law requires a licensee to pay certain fees, such as a license application and a renewal fee. Existing law requires the bureau to issue a firearms permit when all of certain conditions are satisfied, including that a certified firearms training instructor has certified that the applicant has successfully completed the bureau's written examination and a bureau-approved training course on the carrying and use of firearms. Existing law prohibits the bureau from renewing a firearms qualification card unless certain conditions are satisfied, including that the applicant has requalified on the shooting range and successfully passed a written examination. This bill would prohibit an applicant who is a bureau-certified firearms training instructor from self-certifying their own completion of these requirements or from self-certifying the requalification requirements for a firearms qualification card. This bill would make the failure of any licensee who is also licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25% of the fee imposed for renewal of a license. (9) Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services, within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operator's license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. (A) Existing law defines terms for purposes of the act, including the terms "alarm agent" and "alarm system." This bill would change the definition of "alarm agent" to specify that the person is employed to physically conduct activities within the state. The bill would exclude from the definition of "alarm system" a fire protection system, as specified, and make other conforming changes. (B) Existing law requires an application for an alarm company operator license to be made in writing to, and filed with, the chief in the form that may be required by the director and accompanied by the original license fee. Existing law authorizes the Department of Consumer Affairs to enter into a contract with a vendor for the licensing and enforcement of the BreEZe system, which is a specified integrated, enterprisewide enforcement case management and licensing system, as specified. This bill, on and after July 1, 2022, would require all applications under the act to be submitted electronically through the online licensing and enforcement platform. (C) Existing law requires each individual applicant, partner of a partnership, designated officer of a corporation, or manager, as specified, to submit with the application a personal identification form with a photograph taken within one year immediately preceding the date of the filing of the application. This bill would remove the requirement that these individuals submit photographs on the personal identification form. (D) Existing law requires an alarm agent, while on duty, to carry either a valid and current registration card or a temporary application for a registration. This bill would require, if an alarm agent carries a temporary application for registration, that it include the application number and that they also carry a valid photo identification. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The bill would authorize the registration card or temporary application carried by the alarm agent to be in a digital format, as described. (E) Existing law requires every person licensed, registered, or designated under the act, who in the course of their employment carries a firearm, to complete a course of training in the carrying and use of firearms, receive a firearms qualification card prior to carrying a firearm, and complete a course in the exercise of the powers to arrest. This bill would also require, before a firearms permit is issued by the director, that it be certified by a bureau-certified firearms instructor that the applicant successfully completed a written examination prepared by the bureau. The bill would prohibit an applicant who is a bureau-certified firearms training instructor from self-certifying their own completion of these requirements or from self-certifying the requalification requirements for a firearms qualification card. The bill would make the failure of any licensee who is also licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau result in the automatic suspension of the licensee by operation of law. The bill would require that the fee for reinstatement of a suspended license be 25 percent of the fee imposed for renewal of a license. (10) Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, who is the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. Existing law prohibits a real estate licensee from publishing, circulating, distributing, or causing to be published, circulated, or distributed in newspapers or periodicals or mail, a matter pertaining to any activity for which a real estate license is required that does not contain a designation disclosing that the licensee is performing acts for which a real estate license is required. Existing law also requires a real estate licensee to disclose their name, license identification number, and other specified information, on all solicitation materials intended to be the first point of contact with consumers and on real property purchase agreements, as specified. Existing law authorizes the commissioner to adopt regulations identifying the materials in which a licensee must disclose this information. This bill would authorize a real estate licensee who is a natural person and who legally changes the surname in which their license was originally issued to continue to utilize their former surname for business associated with their license so long as both names are filed with the department. The bill would provide that use of a former surname does not constitute a fictitious name for purposes of certain filing requirements. (11) Existing law requires process servers and professional photocopiers to be registered with the county clerk of the county in which they reside or have a principal place of business, as specified. Existing law requires the certificate of registration to contain, among other things, specified contact information for the registrant. This bill would include the email address for the registrant, as specified, among the specified contact information that the certificate of registration is required to contain. (12) Existing law, the Cemetery and Funeral Act, provides for the licensure and regulation of private cemeteries by the Cemetery and Funeral Bureau, within the Department of Consumer Affairs. Existing law authorizes, on or after January 1, 2021, a cemetery authority of a private cemetery to apply to the bureau to convert its endowment care fund from a net income distribution method to a unitrust distribution method. Existing law requires the bureau to approve an application only if certain conditions are met, including that the cemetery authority, its board of trustees, or its corporate trustee demonstrates sufficient knowledge and expertise in investing and managing the endowment care fund under the unitrust distribution method. This bill would instead require that the cemetery authority, its board of trustees, or its corporate trustee demonstrates sufficient knowledge and expertise in investing and managing an endowment care fund. (13) This bill would make other nonsubstantive and conforming changes. (14) This bill would incorporate additional changes to Section 7596.3 of the Business and Professions Code proposed by AB 229 to be operative only if this bill and AB 229 are enacted and this bill is enacted last. (15) 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 830?
AB 830 is sponsored by Flora, Heath (Republican).
What is the current status of AB 830?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 830?
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