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| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 835Introduced by Assembly Member DababnehFebruary 16, 2017 An act to amend Section 119 of the Business and Professions Code, relating to consumer affairs. LEGISLATIVE COUNSEL'S DIGESTAB 835, as introduced, Dababneh. Consumer affairs.Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 119 of the Business and Professions Code is amended to read:119. Any person who does any of the following is shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.As(h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 835Introduced by Assembly Member DababnehFebruary 16, 2017 An act to amend Section 119 of the Business and Professions Code, relating to consumer affairs. LEGISLATIVE COUNSEL'S DIGESTAB 835, as introduced, Dababneh. Consumer affairs.Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 27, 2017 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 27, 2017 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill No. 835 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Assembly Member DababnehFebruary 16, 2017 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Dababneh | |
| 16 | 16 | February 16, 2017 | |
| 17 | 17 | ||
| 18 | 18 | An act to amend Section 119 of the Business and Professions Code, relating to consumer affairs. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | AB 835, as | |
| 24 | + | AB 835, as introduced, Dababneh. Consumer affairs. | |
| 25 | 25 | ||
| 26 | - | Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled. | |
| 26 | + | Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled.This bill would make nonsubstantive changes to these provisions. | |
| 27 | 27 | ||
| 28 | - | Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled. | |
| 28 | + | Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Under existing law, it is a misdemeanor for any person to, among other things, fail or refuse to surrender to the issuing authority upon its lawful written demand any license, registration, or certificate that has been suspended, revoked, or canceled. | |
| 29 | 29 | ||
| 30 | - | This bill would make nonsubstantive changes to these provisions. also make it a misdemeanor for any person to sell a fraudulent, forged, fictitious, or counterfeited license. | |
| 31 | - | ||
| 32 | - | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 33 | - | ||
| 34 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 30 | + | This bill would make nonsubstantive changes to these provisions. | |
| 35 | 31 | ||
| 36 | 32 | ## Digest Key | |
| 37 | 33 | ||
| 38 | 34 | ## Bill Text | |
| 39 | 35 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 119 of the Business and Professions Code is amended to read:119. Any person who does any of the following shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.(h | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 119 of the Business and Professions Code is amended to read:119. Any person who does any of the following is shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.As(h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
| 41 | 37 | ||
| 42 | 38 | The people of the State of California do enact as follows: | |
| 43 | 39 | ||
| 44 | 40 | ## The people of the State of California do enact as follows: | |
| 45 | 41 | ||
| 46 | - | SECTION 1. Section 119 of the Business and Professions Code is amended to read:119. Any person who does any of the following shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.(h | |
| 42 | + | SECTION 1. Section 119 of the Business and Professions Code is amended to read:119. Any person who does any of the following is shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.As(h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
| 47 | 43 | ||
| 48 | 44 | SECTION 1. Section 119 of the Business and Professions Code is amended to read: | |
| 49 | 45 | ||
| 50 | 46 | ### SECTION 1. | |
| 51 | 47 | ||
| 52 | - | 119. Any person who does any of the following shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.(h | |
| 48 | + | 119. Any person who does any of the following is shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.As(h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
| 53 | 49 | ||
| 54 | - | 119. Any person who does any of the following shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.(h | |
| 50 | + | 119. Any person who does any of the following is shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.As(h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
| 55 | 51 | ||
| 56 | - | 119. Any person who does any of the following shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.(h | |
| 52 | + | 119. Any person who does any of the following is shall be guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or her possession either of the following:(1) A canceled, revoked, suspended, or fraudulently altered license.(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.(b) Lends his or her license to any other person or knowingly permits the use thereof by another.(c) Displays or represents any license not issued to him or her as being his or her license.(d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled.(e) Knowingly permits any unlawful use of a license issued to him or her.(f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code.(g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact.As(h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
| 57 | 53 | ||
| 58 | 54 | ||
| 59 | 55 | ||
| 60 | - | 119. Any person who does any of the following shall be guilty of a misdemeanor: | |
| 56 | + | 119. Any person who does any of the following is shall be guilty of a misdemeanor: | |
| 61 | 57 | ||
| 62 | 58 | (a) Displays or causes or permits to be displayed or has in his or her possession either of the following: | |
| 63 | 59 | ||
| 64 | 60 | (1) A canceled, revoked, suspended, or fraudulently altered license. | |
| 65 | 61 | ||
| 66 | 62 | (2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license. | |
| 67 | 63 | ||
| 68 | 64 | (b) Lends his or her license to any other person or knowingly permits the use thereof by another. | |
| 69 | 65 | ||
| 70 | 66 | (c) Displays or represents any license not issued to him or her as being his or her license. | |
| 71 | 67 | ||
| 72 | - | (d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate that has been suspended, revoked, or canceled. | |
| 68 | + | (d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which that has been suspended, revoked, or canceled. | |
| 73 | 69 | ||
| 74 | 70 | (e) Knowingly permits any unlawful use of a license issued to him or her. | |
| 75 | 71 | ||
| 76 | 72 | (f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code. | |
| 77 | 73 | ||
| 78 | 74 | (g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, fraudulent means containing any misrepresentation of fact. | |
| 79 | 75 | ||
| 80 | - | (h) Sells any fraudulent, forged, fictitious, or counterfeited license. | |
| 81 | - | ||
| 82 | - | (h) | |
| 76 | + | As | |
| 83 | 77 | ||
| 84 | 78 | ||
| 85 | 79 | ||
| 86 | - | (i) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. | |
| 87 | - | ||
| 88 | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 89 | - | ||
| 90 | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 91 | - | ||
| 92 | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 93 | - | ||
| 94 | - | ### SEC. 2. | |
| 80 | + | (h) As used in this section, license includes certificate, permit, authority, and registration or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. |