Bill Text: CA AB1616 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alarm companies: liability: false alarm.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-07-31 - Chaptered by Secretary of State - Chapter 157, Statutes of 2017. [AB1616 Detail]

Download: California-2017-AB1616-Amended.html

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Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1616

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Introduced by Assembly Member Nazarian

February 17, 2017

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An act to amend Section 3013 of the Business and Professions Code, relating to healing arts. An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

AB 1616, as amended, Nazarian. State Board of Optometry. Alarm companies: liability: false alarm.

The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.

This bill would prohibit an alarm company operator or contractor from being liable for civil penalties and fines assessed by a city, county, or city and county for excessive false alarms not attributed to alarm company operator error or improper installation by a contractor or an alarm company operator.

The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the 11-member State Board of Optometry within the Department of Consumer Affairs. Under the act, members of the board hold office for a term of 4 years and serve until the appointment and qualification of a successor or until a year after the expiration of the term for which the member was appointed, whichever occurs first.

This bill would make nonsubstantive changes to that term of office provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 7592.8 of the Business and Professions Code is amended to read:

7592.8.

 The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:

(a) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.

(b) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.

(c) (1) Enacting ordinances governing false alarm activations and responses.

(2) An alarm company operator or a contractor shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for excessive false alarms not attributed to alarm company operator error or improper installation by a contractor or alarm company operator.

(d) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.

SECTION 1.Section 3013 of the Business and Professions Code is amended to read:

3013.

(a)Each member of the board shall hold office for a term of four years and serve until the appointment and qualification of his or her successor, or until one year has elapsed since the expiration of the term for which the member was appointed, whichever occurs first.

(b)Vacancies occurring shall be filled by appointment for the unexpired term.

(c)The Governor shall appoint three of the public members, five members qualified as provided in Section 3011, and the registered dispensing member as provided in Section 3010.5. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.

(d)No board member serving between January 1, 2000, and June 1, 2002, inclusive, shall be eligible for reappointment.

(e)For initial appointments made on or after January 1, 2003, one of the public members appointed by the Governor and two of the professional members shall serve terms of one year. One of the public members appointed by the Governor and two of the professional members shall serve terms of three years. The remaining public member appointed by the Governor and the remaining two professional members shall serve terms of four years. The public members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall each serve for a term of four years.

(f)The initial appointment of a registered dispensing optician, spectacle lens dispenser, or contact lens dispenser member shall replace the optometrist member whose term expired on June 1, 2015.

(g)The amendments to this section by the act adding this subdivision shall apply to appointments made on or after January 1, 2016.