California 2015-2016 Regular Session Status: Passed Senate

SB 1194 — Professions and vocations: board actions and regulations.

Last action — August 24 set for first hearing canceled at the request of author.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and authorizes those boards to adopt regulations to enforce the laws pertaining to the profession and vocation for which they have jurisdiction. Existing law makes decisions of any board within the department pertaining to setting standards, conducting examinations, passing candidates, and revoking licenses final, except as specified, and provides that those decisions are not subject to review by the Director of Consumer Affairs. Existing law authorizes the director to audit and review certain inquiries and complaints regarding licensees, including the dismissal of a disciplinary case. Existing law requires the director to annually report to the chairpersons of certain committees of the Legislature information regarding findings from any audit, review, or monitoring and evaluation. Existing law authorizes the director to contract for services of experts and consultants where necessary. Existing law requires regulations, except those pertaining to examinations and qualifications for licensure and fee changes proposed or promulgated by a board within the department, to comply with certain requirements before the regulation or fee change can take effect, including that the director is required to be notified of the rule or regulation and given 30 days to disapprove the regulation. Existing law prohibits a rule or regulation that is disapproved by the director from having any force or effect unless the director's disapproval is overridden by a unanimous vote of the members of the board, as specified. This bill would instead authorize the director, upon his or her own initiative, and require the director upon the request of the board making the decision or the Legislature, to review any nonministerial market-sensitive action, except as specified, of a board within the department to determine whether it furthers a clearly articulated and affirmatively expressed state policy and to approve, disapprove, or recommend modifications of the board action, as specified. The bill would require the director to issue and post on the department's Internet Web site his or her final written decision and the reasons for the decision. The bill would, commencing on March 1, 2017, require the director to annually report to the chairs of specified committees of the Legislature information regarding the director's disapprovals and recommended modifications of board actions. The bill would require the director to review rules or regulations, as described above, within 60 days. The bill would require the director to disapprove a proposed rule or regulation that is a market-sensitive action that does not further clearly articulated and affirmatively expressed state policy and authorize him or her to recommend modifications. (2) The Government Claims Act, except as provided, requires a public entity to pay any judgment or any compromise or settlement of a claim or action against an employee or former employee of the public entity if the employee or former employee requests the public entity to defend him or her against any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action. That act prohibits the payment of punitive or exemplary damages by a public entity, except as specified. This bill would require a public entity to pay a judgment or settlement for treble damage antitrust awards against a member of a regulatory board for an act or omission occurring within the scope of his or her employment as a member of a regulatory board. The bill would specify that treble damages awarded pursuant to a specified federal law for violation of another federal law are not punitive or exemplary damages within the Government Claims Act.

Bill Text

Action History

  1. August 24 set for first hearing canceled at the request of author.

  2. Joint Rule 62(a) suspended.

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

  4. Ordered to third reading.

  5. Read third time and amended. (Ayes 73. Noes 0. Page 5959.)

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 20. Noes 0.) (August 11).

  8. August 3 set for first hearing. Placed on APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 16. Noes 0.) (June 28). Re-referred to Com. on APPR.

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

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 39. Noes 0. Page 4106.) Ordered to the Assembly.

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

  14. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 4005.) (May 27).

  15. Set for hearing May 27.

  16. May 9 hearing: Placed on APPR. suspense file.

  17. Set for hearing May 9.

  18. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3591.) (April 18).

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  21. Set for hearing April 18.

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

  23. From printer. May be acted upon on or after March 20.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Hill

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

SB 1194 Hill Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Maienschein — Yea
Mathis — Not Voting
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Chávez — Yea
Daly — Yea
Gatto — Yea
Olsen — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Hadley — Yea
Lopez — Yea
Harper — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Kim — Not Voting
Linder — Yea
Low — Yea
Mayes — Yea
Campos — Yea
Atkins — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Not Voting
O'Donnell — Yea
Obernolte — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
McCarty — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Bonilla — Yea
Chang — Yea
Holden — Yea
Bigelow — Yea
Daly — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Brough — Yea
Mullin — Yea
Eggman — Yea
Campos — Yea
Gatto — Yea
Chávez — Yea
Holden — Yea
Salas — Yea
Dodd — Yea
Baker — Yea
Bloom — Yea
Ting — Yea
Wood — Yea
Gomez — Yea
Dahle, Megan Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Block — Yea
Hertzberg — Yea
Leno — Yea
Leyva — Yea
Monning — Yea
Pan — Yea
Wieckowski — Yea
Galgiani — Yea
Hall — Yea
Cannella — Yea
Allen — Yea
Hernandez — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Anderson — Yea
Bates — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Runner — Not Voting
Hancock — Yea
Hueso — Yea
Huff — Yea
Beall — Yea
Vidak — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 1194 do?
(1) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and authorizes those boards to adopt regulations to enforce the laws pertaining to the profession and vocation for which they have jurisdiction. Existing law makes decisions of any board within the department pertaining to setting standards, conducting examinations, passing candidates, and revoking licenses final, except as specified, and provides that those decisions are not subject to review by the Director of Consumer Affairs. Existing law authorizes the director to audit and review certain inquiries and complaints regarding licensees, including the dismissal of a disciplinary case. Existing law requires the director to annually report to the chairpersons of certain committees of the Legislature information regarding findings from any audit, review, or monitoring and evaluation. Existing law authorizes the director to contract for services of experts and consultants where necessary. Existing law requires regulations, except those pertaining to examinations and qualifications for licensure and fee changes proposed or promulgated by a board within the department, to comply with certain requirements before the regulation or fee change can take effect, including that the director is required to be notified of the rule or regulation and given 30 days to disapprove the regulation. Existing law prohibits a rule or regulation that is disapproved by the director from having any force or effect unless the director's disapproval is overridden by a unanimous vote of the members of the board, as specified. This bill would instead authorize the director, upon his or her own initiative, and require the director upon the request of the board making the decision or the Legislature, to review any nonministerial market-sensitive action, except as specified, of a board within the department to determine whether it furthers a clearly articulated and affirmatively expressed state policy and to approve, disapprove, or recommend modifications of the board action, as specified. The bill would require the director to issue and post on the department's Internet Web site his or her final written decision and the reasons for the decision. The bill would, commencing on March 1, 2017, require the director to annually report to the chairs of specified committees of the Legislature information regarding the director's disapprovals and recommended modifications of board actions. The bill would require the director to review rules or regulations, as described above, within 60 days. The bill would require the director to disapprove a proposed rule or regulation that is a market-sensitive action that does not further clearly articulated and affirmatively expressed state policy and authorize him or her to recommend modifications. (2) The Government Claims Act, except as provided, requires a public entity to pay any judgment or any compromise or settlement of a claim or action against an employee or former employee of the public entity if the employee or former employee requests the public entity to defend him or her against any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action. That act prohibits the payment of punitive or exemplary damages by a public entity, except as specified. This bill would require a public entity to pay a judgment or settlement for treble damage antitrust awards against a member of a regulatory board for an act or omission occurring within the scope of his or her employment as a member of a regulatory board. The bill would specify that treble damages awarded pursuant to a specified federal law for violation of another federal law are not punitive or exemplary damages within the Government Claims Act.
Who sponsors SB 1194?
SB 1194 is sponsored by Hill.
What is the current status of SB 1194?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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 SB 1194?
Track SB 1194 free on One Click Politics — get push/email alerts when it moves.

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