California 2021-2022 Regular Session

California Senate Bill SB102 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Amended IN Senate March 17, 2021~~ Amended IN Senate February 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 102Introduced by Senator Melendez(Coauthor: Senator ~~Coauthors: Senators Bates, Grove, and~~ Jones~~)(Coauthors: Assembly Members Choi, Gallagher, Mathis, and Seyarto~~)December 30, 2020 An act to add ~~and repeal~~ Sections 464.5 and 24200.8 to the Business and Professions Code, relating to business, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 102, as amended, Melendez. COVID-19 emergency order violation: license revocation.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses and impose fines and penalties, as provided.This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~or COVID-19 stay-at-home orders,~~ unless the board or department can prove that lack of compliance resulted in transmission of COVID-19. The bill would specify that the provisions do not preclude issuance of fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home order. The provisions of the bill would remain in effect until either the COVID-19 state of emergency is terminated or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, but in no case would the provisions remain in effect after January 1, 2024.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).(c) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:24200.8. ~~(a)~~ The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~orders, or COVID-19 stay-at-home orders,~~ unless the department can prove that lack of compliance resulted in transmission of COVID-19.(b) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately ~~immediately.~~
	1	+	Amended IN Senate February 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 102Introduced by Senator Melendez(Coauthor: Senator Jones)December 30, 2020 An act to add Sections 464.5 and 24200.8 to the Business and Professions Code, relating to business, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 102, as amended, Melendez. COVID-19 emergency order violation: license revocation.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses. licenses and impose fines and penalties, as provided.This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 emergency orders unless the board or department can prove that lack of compliance resulted in transmission of COVID-19.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately
2	2
3		-	~~Amended IN Senate March 17, 2021~~ Amended IN Senate February 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 102Introduced by Senator Melendez(Coauthor: Senator ~~Coauthors: Senators Bates, Grove, and~~ Jones~~)(Coauthors: Assembly Members Choi, Gallagher, Mathis, and Seyarto~~)December 30, 2020 An act to add ~~and repeal~~ Sections 464.5 and 24200.8 to the Business and Professions Code, relating to business, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 102, as amended, Melendez. COVID-19 emergency order violation: license revocation.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses and impose fines and penalties, as provided.This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~or COVID-19 stay-at-home orders,~~ unless the board or department can prove that lack of compliance resulted in transmission of COVID-19. The bill would specify that the provisions do not preclude issuance of fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home order. The provisions of the bill would remain in effect until either the COVID-19 state of emergency is terminated or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, but in no case would the provisions remain in effect after January 1, 2024.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Amended IN Senate February 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 102Introduced by Senator Melendez(Coauthor: Senator Jones)December 30, 2020 An act to add Sections 464.5 and 24200.8 to the Business and Professions Code, relating to business, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 102, as amended, Melendez. COVID-19 emergency order violation: license revocation.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses. licenses and impose fines and penalties, as provided.This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 emergency orders unless the board or department can prove that lack of compliance resulted in transmission of COVID-19.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
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5		-	~~Amended IN Senate March 17, 2021~~ Amended IN Senate February 10, 2021
	5	+	Amended IN Senate February 10, 2021
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7		-	Amended IN Senate March 17, 2021
8	7		Amended IN Senate February 10, 2021
9	8
10	9		CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
11	10
12	11		Senate Bill
13	12
14	13		No. 102
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16		-	Introduced by Senator Melendez(Coauthor: Senator ~~Coauthors: Senators Bates, Grove, and~~ Jones~~)(Coauthors: Assembly Members Choi, Gallagher, Mathis, and Seyarto~~)December 30, 2020
	15	+	Introduced by Senator Melendez(Coauthor: Senator Jones)December 30, 2020
17	16
18		-	Introduced by Senator Melendez(Coauthor: Senator ~~Coauthors: Senators Bates, Grove, and~~ Jones)~~(Coauthors: Assembly Members Choi, Gallagher, Mathis, and Seyarto)~~
	17	+	Introduced by Senator Melendez(Coauthor: Senator Jones)
19	18		December 30, 2020
20	19
21		-	An act to add ~~and repeal~~ Sections 464.5 and 24200.8 to the Business and Professions Code, relating to business, and declaring the urgency thereof, to take effect immediately.
	20	+	An act to add Sections 464.5 and 24200.8 to the Business and Professions Code, relating to business, and declaring the urgency thereof, to take effect immediately.
22	21
23	22		LEGISLATIVE COUNSEL'S DIGEST
24	23
25	24		## LEGISLATIVE COUNSEL'S DIGEST
26	25
27	26		SB 102, as amended, Melendez. COVID-19 emergency order violation: license revocation.
28	27
29		-	Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses and impose fines and penalties, as provided.This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~or COVID-19 stay-at-home orders,~~ unless the board or department can prove that lack of compliance resulted in transmission of COVID-19. The bill would specify that the provisions do not preclude issuance of fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home order. The provisions of the bill would remain in effect until either the COVID-19 state of emergency is terminated or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, but in no case would the provisions remain in effect after January 1, 2024.This bill would declare that it is to take effect immediately as an urgency statute.
	28	+	Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses. licenses and impose fines and penalties, as provided.This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 emergency orders unless the board or department can prove that lack of compliance resulted in transmission of COVID-19.This bill would declare that it is to take effect immediately as an urgency statute.
30	29
31	30		Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided.
32	31
33		-	Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses and impose fines and penalties, as provided.
	32	+	Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses. licenses and impose fines and penalties, as provided.
34	33
35		-	This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~or COVID-19 stay-at-home orders,~~ unless the board or department can prove that lack of compliance resulted in transmission of COVID-19. The bill would specify that the provisions do not preclude issuance of fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home order. The provisions of the bill would remain in effect until either the COVID-19 state of emergency is terminated or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, but in no case would the provisions remain in effect after January 1, 2024.
	34	+	This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 emergency orders unless the board or department can prove that lack of compliance resulted in transmission of COVID-19.
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37	36		This bill would declare that it is to take effect immediately as an urgency statute.
38	37
39	38		## Digest Key
40	39
41	40		## Bill Text
42	41
43		-	The people of the State of California do enact as follows:SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).(c) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:24200.8. ~~(a)~~ The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~orders, or COVID-19 stay-at-home orders,~~ unless the department can prove that lack of compliance resulted in transmission of COVID-19.(b) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately ~~immediately.~~
	42	+	The people of the State of California do enact as follows:SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately
44	43
45	44		The people of the State of California do enact as follows:
46	45
47	46		## The people of the State of California do enact as follows:
48	47
49		-	SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).(c) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	48	+	SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).
50	49
51	50		SECTION 1. Section 464.5 is added to the Business and Professions Code, to read:
52	51
53	52		### SECTION 1.
54	53
55		-	464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).(c) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	54	+	464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).
56	55
57		-	464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).(c) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	56	+	464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).
58	57
59		-	464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).(c) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	58	+	464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).
60	59
61	60
62	61
63		-	464.5. (a) The department and any board shall not revoke a license, fine, or impose a penalty for failure to comply with any COVID-19 ~~state of~~ emergency ~~orders, orders or COVID-19 stay-at-home~~ orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.
	62	+	464.5. (a) The department and any board shall not revoke a license license, fine, or impose a penalty for failure to comply with any COVID-19 emergency orders, unless the department or board can prove that lack of compliance resulted in the transmission of COVID-19.
64	63
65	64		(b) For the purposes of this section, board does not include a healing arts board as described in Division 2 (commencing with Section 500).
66	65
67		-	(c) For the purposes of this section:
68		-
69		-	(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.
70		-
71		-	(2) COVID-19 stay-at-home order means either of the following:
72		-
73		-	(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.
74		-
75		-	(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.
76		-
77		-	(d) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.
78		-
79		-	(e) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
80		-
81		-	SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:24200.8. (a) The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 state of emergency orders orders, or COVID-19 stay-at-home orders, unless the department can prove that lack of compliance resulted in transmission of COVID-19.(b) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	66	+	SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.
82	67
83	68		SEC. 2. Section 24200.8 is added to the Business and Professions Code, to read:
84	69
85	70		### SEC. 2.
86	71
87		-	24200.8. ~~(a)~~ The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~orders, or COVID-19 stay-at-home orders,~~ unless the department can prove that lack of compliance resulted in transmission of COVID-19.(b) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	72	+	24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.
88	73
89		-	24200.8. ~~(a)~~ The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~orders, or COVID-19 stay-at-home orders,~~ unless the department can prove that lack of compliance resulted in transmission of COVID-19.(b) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	74	+	24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.
90	75
91		-	24200.8. ~~(a)~~ The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~orders, or COVID-19 stay-at-home orders,~~ unless the department can prove that lack of compliance resulted in transmission of COVID-19.(b) For the purposes of this section:(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.(2) COVID-19 stay-at-home order means either of the following:(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
	76	+	24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.
92	77
93	78
94	79
95		-	24200.8. ~~(a)~~ The Department of Alcoholic Beverage Control shall not revoke the license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 ~~state of~~ emergency orders ~~orders, or COVID-19 stay-at-home orders,~~ unless the department can prove that lack of compliance resulted in transmission of COVID-19.
	80	+	24200.8. The Department of Alcoholic Beverage Control shall not revoke the license license, fine, or impose a penalty of any licensee for failure to comply with any COVID-19 emergency orders unless the department can prove that lack of compliance resulted in transmission of COVID-19.
96	81
97		-	~~(b)~~ For the ~~purposes~~ of this ~~section:~~
	82	+	SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately
98	83
99		-	(1) COVID-19 state of emergency means the state of emergency proclaimed by the Governor on March 4, 2020.
100		-
101		-	(2) COVID-19 stay-at-home order means either of the following:
102		-
103		-	(A) Executive Order No. N-33-20, or any similar order issued by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the State Department of Public Health that requires the closure of businesses in response to the COVID-19 state of emergency.
104		-
105		-	(B) Any order by a local government that requires the closure of businesses in response to the COVID-19 state of emergency, including, but not limited to, an order issued pursuant to the police power of a city or county or any order issued by a local health officer pursuant to Section 101040 or 120175 of the Health and Safety Code.
106		-
107		-	(c) Nothing in this section shall preclude the department or any board from issuing fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home orders.
108		-
109		-	(d) This section shall remain in effect only until either the COVID-19 state of emergency terminates pursuant to Section 8629 of the Government Code or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, and as of that date is repealed. However, if those contingencies are not met, then in no case shall this section remain in effect after January 1, 2024, and as of that date is repealed.
110		-
111		-	SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately immediately.
112		-
113		-	SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately immediately.
	84	+	SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately
114	85
115	86		SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
116	87
117	88		### SEC. 3.
118	89
119		-	In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately ~~immediately.~~
	90	+	In order to protect businesses, including small businesses, which continue to make significant contributions to economic security, which helps ensure public safety, during these unprecedented times caused by the COVID-19 pandemic, as soon as possible, it is necessary for this act to take effect immediately