CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 764Introduced by Senator PadillaFebruary 17, 2023 An act to amend Section 106.5 of the Business and Professions Code, relating to the Department of Consumer Affairs. LEGISLATIVE COUNSEL'S DIGESTSB 764, as introduced, Padilla. Department of Consumer Affairs: regulatory boards: removal of board members.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the appointing authority to remove from office any member of any board within the department appointed by them for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law authorizes the Governor to remove a member of a board or other licensing entity in the department from office if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity's next examination and directly or indirectly discloses those questions in advance of or during the examination to any exam applicant.This bill would instead authorize the appointing authority to remove a member that discloses questions in advance of or during an examination, as described above.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 106.5 of the Business and Professions Code is amended to read:106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 764Introduced by Senator PadillaFebruary 17, 2023 An act to amend Section 106.5 of the Business and Professions Code, relating to the Department of Consumer Affairs. LEGISLATIVE COUNSEL'S DIGESTSB 764, as introduced, Padilla. Department of Consumer Affairs: regulatory boards: removal of board members.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the appointing authority to remove from office any member of any board within the department appointed by them for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law authorizes the Governor to remove a member of a board or other licensing entity in the department from office if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity's next examination and directly or indirectly discloses those questions in advance of or during the examination to any exam applicant.This bill would instead authorize the appointing authority to remove a member that discloses questions in advance of or during an examination, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 764
Introduced by Senator PadillaFebruary 17, 2023
Introduced by Senator Padilla
February 17, 2023
An act to amend Section 106.5 of the Business and Professions Code, relating to the Department of Consumer Affairs.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 764, as introduced, Padilla. Department of Consumer Affairs: regulatory boards: removal of board members.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the appointing authority to remove from office any member of any board within the department appointed by them for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law authorizes the Governor to remove a member of a board or other licensing entity in the department from office if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity's next examination and directly or indirectly discloses those questions in advance of or during the examination to any exam applicant.This bill would instead authorize the appointing authority to remove a member that discloses questions in advance of or during an examination, as described above.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the appointing authority to remove from office any member of any board within the department appointed by them for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law authorizes the Governor to remove a member of a board or other licensing entity in the department from office if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity's next examination and directly or indirectly discloses those questions in advance of or during the examination to any exam applicant.
This bill would instead authorize the appointing authority to remove a member that discloses questions in advance of or during an examination, as described above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 106.5 of the Business and Professions Code is amended to read:106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 106.5 of the Business and Professions Code is amended to read:106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.
SECTION 1. Section 106.5 of the Business and Professions Code is amended to read:
### SECTION 1.
106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.
106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.
106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.
106.5. Notwithstanding any other provision of law, the Governor appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that such the member has knowledge of the specific questions to be asked on the licensing entitys next examination and directly or indirectly discloses any such the question or questions in advance of or during the examination to any applicant for that examination.
The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor appointing authority shall have all the powers granted therein.