California 2017-2018 Regular Session

California Assembly Bill AB1229 Compare Versions

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1-Assembly Bill No. 1229 CHAPTER 586 An act to amend Sections 2841, 2847.1, 2867.5, 2894, 4501, and 4503 of, to add Sections 2841.2, 2841.3, 2847.6, 4501.2, and 4503.1 to, and to add and repeal Sections 2847.3, 2847.7, and 2847.8 of, the Business and Professions Code, relating to healing arts. [ Approved by Governor October 08, 2017. Filed with Secretary of State October 08, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 1229, Low. Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations.This bill would require staff of the board to meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.The bill would authorize the director to direct department staff to review and evaluate the boards licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the boards licensing process, and would require the board and the boards staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2841 of the Business and Professions Code is amended to read:2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2. Section 2841.2 is added to the Business and Professions Code, to read:2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.SEC. 3. Section 2841.3 is added to the Business and Professions Code, to read:2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.SEC. 4. Section 2847.1 of the Business and Professions Code is amended to read:2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 5. Section 2847.3 is added to the Business and Professions Code, to read:2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 6. Section 2847.6 is added to the Business and Professions Code, to read:2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.SEC. 7. Section 2847.7 is added to the Business and Professions Code, to read:2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 8. Section 2847.8 is added to the Business and Professions Code, to read:2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 9. Section 2867.5 of the Business and Professions Code is amended to read:2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.SEC. 10. Section 2894 of the Business and Professions Code is amended to read:2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.SEC. 11. Section 4501 of the Business and Professions Code is amended to read:4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 12. Section 4501.2 is added to the Business and Professions Code, to read:4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.SEC. 13. Section 4503 of the Business and Professions Code is amended to read:4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 14. Section 4503.1 is added to the Business and Professions Code, to read:4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
1+Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly September 16, 2017 Amended IN Senate September 08, 2017 Amended IN Senate September 01, 2017 Amended IN Assembly May 02, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1229Introduced by Assembly Member LowFebruary 17, 2017 An act to amend Sections 2841, 2847.1, 2867.5, 2894, 4501, and 4503 of, to add Sections 2841.2, 2841.3, 2847.6, 4501.2, and 4503.1 to, and to add and repeal Sections 2847.3, 2847.7, and 2847.8 of, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1229, Low. Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations.This bill would require staff of the board to meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.The bill would authorize the director to direct department staff to review and evaluate the boards licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the boards licensing process, and would require the board and the boards staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2841 of the Business and Professions Code is amended to read:2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2. Section 2841.2 is added to the Business and Professions Code, to read:2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.SEC. 3. Section 2841.3 is added to the Business and Professions Code, to read:2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.SEC. 4. Section 2847.1 of the Business and Professions Code is amended to read:2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 5. Section 2847.3 is added to the Business and Professions Code, to read:2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 6. Section 2847.6 is added to the Business and Professions Code, to read:2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.SEC. 7. Section 2847.7 is added to the Business and Professions Code, to read:2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 8. Section 2847.8 is added to the Business and Professions Code, to read:2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 9. Section 2867.5 of the Business and Professions Code is amended to read:2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.SEC. 10. Section 2894 of the Business and Professions Code is amended to read:2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.SEC. 11. Section 4501 of the Business and Professions Code is amended to read:4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 12. Section 4501.2 is added to the Business and Professions Code, to read:4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.SEC. 13. Section 4503 of the Business and Professions Code is amended to read:4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 14. Section 4503.1 is added to the Business and Professions Code, to read:4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
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3- Assembly Bill No. 1229 CHAPTER 586 An act to amend Sections 2841, 2847.1, 2867.5, 2894, 4501, and 4503 of, to add Sections 2841.2, 2841.3, 2847.6, 4501.2, and 4503.1 to, and to add and repeal Sections 2847.3, 2847.7, and 2847.8 of, the Business and Professions Code, relating to healing arts. [ Approved by Governor October 08, 2017. Filed with Secretary of State October 08, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 1229, Low. Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations.This bill would require staff of the board to meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.The bill would authorize the director to direct department staff to review and evaluate the boards licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the boards licensing process, and would require the board and the boards staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly September 16, 2017 Amended IN Senate September 08, 2017 Amended IN Senate September 01, 2017 Amended IN Assembly May 02, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1229Introduced by Assembly Member LowFebruary 17, 2017 An act to amend Sections 2841, 2847.1, 2867.5, 2894, 4501, and 4503 of, to add Sections 2841.2, 2841.3, 2847.6, 4501.2, and 4503.1 to, and to add and repeal Sections 2847.3, 2847.7, and 2847.8 of, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1229, Low. Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations.This bill would require staff of the board to meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.The bill would authorize the director to direct department staff to review and evaluate the boards licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the boards licensing process, and would require the board and the boards staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly September 16, 2017 Amended IN Senate September 08, 2017 Amended IN Senate September 01, 2017 Amended IN Assembly May 02, 2017
6+
7+Enrolled September 19, 2017
8+Passed IN Senate September 14, 2017
9+Passed IN Assembly September 16, 2017
10+Amended IN Senate September 08, 2017
11+Amended IN Senate September 01, 2017
12+Amended IN Assembly May 02, 2017
13+
14+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
415
516 Assembly Bill No. 1229
6-CHAPTER 586
17+
18+Introduced by Assembly Member LowFebruary 17, 2017
19+
20+Introduced by Assembly Member Low
21+February 17, 2017
722
823 An act to amend Sections 2841, 2847.1, 2867.5, 2894, 4501, and 4503 of, to add Sections 2841.2, 2841.3, 2847.6, 4501.2, and 4503.1 to, and to add and repeal Sections 2847.3, 2847.7, and 2847.8 of, the Business and Professions Code, relating to healing arts.
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10- [ Approved by Governor October 08, 2017. Filed with Secretary of State October 08, 2017. ]
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1225 LEGISLATIVE COUNSEL'S DIGEST
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1427 ## LEGISLATIVE COUNSEL'S DIGEST
1528
1629 AB 1229, Low. Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California.
1730
1831 Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations.This bill would require staff of the board to meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.The bill would authorize the director to direct department staff to review and evaluate the boards licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the boards licensing process, and would require the board and the boards staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.
1932
2033 Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.
2134
2235 This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.
2336
2437 Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.
2538
2639 This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations.
2740
2841 This bill would require staff of the board to meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.
2942
3043 The bill would authorize the director to direct department staff to review and evaluate the boards licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the boards licensing process, and would require the board and the boards staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.
3144
3245 Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.
3346
3447 This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.
3548
3649 ## Digest Key
3750
3851 ## Bill Text
3952
4053 The people of the State of California do enact as follows:SECTION 1. Section 2841 of the Business and Professions Code is amended to read:2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 2. Section 2841.2 is added to the Business and Professions Code, to read:2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.SEC. 3. Section 2841.3 is added to the Business and Professions Code, to read:2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.SEC. 4. Section 2847.1 of the Business and Professions Code is amended to read:2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 5. Section 2847.3 is added to the Business and Professions Code, to read:2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 6. Section 2847.6 is added to the Business and Professions Code, to read:2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.SEC. 7. Section 2847.7 is added to the Business and Professions Code, to read:2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 8. Section 2847.8 is added to the Business and Professions Code, to read:2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 9. Section 2867.5 of the Business and Professions Code is amended to read:2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.SEC. 10. Section 2894 of the Business and Professions Code is amended to read:2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.SEC. 11. Section 4501 of the Business and Professions Code is amended to read:4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 12. Section 4501.2 is added to the Business and Professions Code, to read:4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.SEC. 13. Section 4503 of the Business and Professions Code is amended to read:4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 14. Section 4503.1 is added to the Business and Professions Code, to read:4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
4154
4255 The people of the State of California do enact as follows:
4356
4457 ## The people of the State of California do enact as follows:
4558
4659 SECTION 1. Section 2841 of the Business and Professions Code is amended to read:2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
4760
4861 SECTION 1. Section 2841 of the Business and Professions Code is amended to read:
4962
5063 ### SECTION 1.
5164
5265 2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
5366
5467 2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
5568
5669 2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.(b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
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5871
5972
6073 2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.
6174
6275 (b) Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
6376
6477 (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
6578
6679 SEC. 2. Section 2841.2 is added to the Business and Professions Code, to read:2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.
6780
6881 SEC. 2. Section 2841.2 is added to the Business and Professions Code, to read:
6982
7083 ### SEC. 2.
7184
7285 2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.
7386
7487 2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.
7588
7689 2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.
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7891
7992
8093 2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.
8194
8295 SEC. 3. Section 2841.3 is added to the Business and Professions Code, to read:2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
8396
8497 SEC. 3. Section 2841.3 is added to the Business and Professions Code, to read:
8598
8699 ### SEC. 3.
87100
88101 2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
89102
90103 2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
91104
92105 2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
93106
94107
95108
96109 2841.3. If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
97110
98111 SEC. 4. Section 2847.1 of the Business and Professions Code is amended to read:2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
99112
100113 SEC. 4. Section 2847.1 of the Business and Professions Code is amended to read:
101114
102115 ### SEC. 4.
103116
104117 2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
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106119 2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
107120
108121 2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.(b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
109122
110123
111124
112125 2847.1. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
113126
114127 (b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
115128
116129 (c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
117130
118131 (d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2020, the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a).
119132
120133 (e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
121134
122135 SEC. 5. Section 2847.3 is added to the Business and Professions Code, to read:2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.
123136
124137 SEC. 5. Section 2847.3 is added to the Business and Professions Code, to read:
125138
126139 ### SEC. 5.
127140
128141 2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.
129142
130143 2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.
131144
132145 2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.
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135148
136149 2847.3. (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.
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138151 (b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.
139152
140153 (c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.
141154
142155 (d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.
143156
144157 SEC. 6. Section 2847.6 is added to the Business and Professions Code, to read:2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.
145158
146159 SEC. 6. Section 2847.6 is added to the Business and Professions Code, to read:
147160
148161 ### SEC. 6.
149162
150163 2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.
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152165 2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.
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154167 2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.
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158171 2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitors recommendations pursuant to Section 2847.5.
159172
160173 SEC. 7. Section 2847.7 is added to the Business and Professions Code, to read:2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
161174
162175 SEC. 7. Section 2847.7 is added to the Business and Professions Code, to read:
163176
164177 ### SEC. 7.
165178
166179 2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
167180
168181 2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
169182
170183 2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.(b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
171184
172185
173186
174187 2847.7. (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the boards licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the boards licensing processes.
175188
176189 (b) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).
177190
178191 (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
179192
180193 SEC. 8. Section 2847.8 is added to the Business and Professions Code, to read:2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
181194
182195 SEC. 8. Section 2847.8 is added to the Business and Professions Code, to read:
183196
184197 ### SEC. 8.
185198
186199 2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
187200
188201 2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
189202
190203 2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:(1) The type of allegation.(2) A summary of the complaint.(3) The current status of the complaint.(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.(c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
191204
192205
193206
194207 2847.8. (a) Staff of the board shall meet with staff from the departments Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the boards enforcement program.
195208
196209 (b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:
197210
198211 (1) The type of allegation.
199212
200213 (2) A summary of the complaint.
201214
202215 (3) The current status of the complaint.
203216
204217 (4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.
205218
206219 (c) The board and its staff shall cooperate with the director and the department and shall comply with the departments request to provide access to board staff, data, information, and files as requested.
207220
208221 (d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the boards enforcement functions.
209222
210223 (e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
211224
212225 SEC. 9. Section 2867.5 of the Business and Professions Code is amended to read:2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.
213226
214227 SEC. 9. Section 2867.5 of the Business and Professions Code is amended to read:
215228
216229 ### SEC. 9.
217230
218231 2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.
219232
220233 2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.
221234
222235 2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.
223236
224237
225238
226239 2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.
227240
228241 SEC. 10. Section 2894 of the Business and Professions Code is amended to read:2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
229242
230243 SEC. 10. Section 2894 of the Business and Professions Code is amended to read:
231244
232245 ### SEC. 10.
233246
234247 2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
235248
236249 2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
237250
238251 2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
239252
240253
241254
242255 2894. (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation of the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
243256
244257 (b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
245258
246259 SEC. 11. Section 4501 of the Business and Professions Code is amended to read:4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
247260
248261 SEC. 11. Section 4501 of the Business and Professions Code is amended to read:
249262
250263 ### SEC. 11.
251264
252265 4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
253266
254267 4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
255268
256269 4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
257270
258271
259272
260273 4501. (a) Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
261274
262275 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
263276
264277 SEC. 12. Section 4501.2 is added to the Business and Professions Code, to read:4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.
265278
266279 SEC. 12. Section 4501.2 is added to the Business and Professions Code, to read:
267280
268281 ### SEC. 12.
269282
270283 4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.
271284
272285 4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.
273286
274287 4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.
275288
276289
277290
278291 4501.2. Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.
279292
280293 SEC. 13. Section 4503 of the Business and Professions Code is amended to read:4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
281294
282295 SEC. 13. Section 4503 of the Business and Professions Code is amended to read:
283296
284297 ### SEC. 13.
285298
286299 4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
287300
288301 4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
289302
290303 4503. (a) The board shall administer and enforce this chapter.(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
291304
292305
293306
294307 4503. (a) The board shall administer and enforce this chapter.
295308
296309 (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
297310
298311 SEC. 14. Section 4503.1 is added to the Business and Professions Code, to read:4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
299312
300313 SEC. 14. Section 4503.1 is added to the Business and Professions Code, to read:
301314
302315 ### SEC. 14.
303316
304317 4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
305318
306319 4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
307320
308321 4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.
309322
310323
311324
312325 4503.1. Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.