Bill Text: CA AB83 | 2021-2022 | Regular Session | Amended
Bill Title: Alcoholic beverage control: license renewal fees: waiver.
Spectrum: Committee Bill
Status: (Passed) 2021-03-17 - Chaptered by Secretary of State - Chapter 11, Statutes of 2021. [AB83 Detail]
Download: California-2021-AB83-Amended.html
Amended
IN
Senate
March 01, 2021 |
Amended
IN
Senate
February 17, 2021 |
Introduced by Committee on Budget (Assembly Member Ting (Chair), Arambula, Bennett, Bloom, Carrillo, Chiu, Cooper, Frazier, Friedman, Cristina Garcia, Jones-Sawyer, Lee, McCarty, Medina, Mullin, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Stone, and Wood) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, and electrolysis by the State Board of Barbering and Cosmetology. Existing law requires licenses issued by the board to expire after 2 years, except as specified. Existing law requires the board to set various fees, including renewal fees, in amounts necessary to cover the expenses of the board in performing its duties under the Barbering and Cosmetology Act. Existing law requires all fees collected to be paid into the State Treasury and to be credited to the Barbering and Cosmetology Contingent Fund to be available upon appropriation, as specified.
This bill, until January 1, 2023, would prohibit the board from seeking to
collect, and exempt a licensee from paying, renewal fees for a license expiring on or after January 1, 2021, and before January 1, 2023. If a licensee pays that renewal fee, the bill would prohibit the board from returning or refunding the payment, and would exempt the licensee from paying, and prohibit the board from collecting, the renewal fee for the subsequent renewal period. The bill would repeal these provisions on January 1, 2025.
This bill would appropriate the sum of $25,600,000 from the General Fund to the Barbering and Cosmetology Contingent Fund to be used by the State Board of Barbering and Cosmetology to backfill revenues relating to waiver of fees for licenses for individual practitioners, licenses to operate an establishment, and licenses to operate a mobile unit, as specified.
This bill,
Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies
and for the review of those regulatory actions by the Office of Administrative Law, and sets forth adjudication procedures for administrative appeals.
This bill would require the department to establish and publish on its internet website the requirements and guidelines for submitting a fee waiver request and the manner of certification for the waiver, and would exempt those actions from the rulemaking and adjudication procedures set forth in the Administrative Procedure Act.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)(1)For licenses expiring on or after January 1, 2021, and before January 1, 2023, the board shall not seek to collect, and a licensee shall not be required to pay, the renewal fees set forth in this article.
(2)This subdivision shall become inoperative on January 1, 2023.
(b)If a licensee pays a renewal fee for a license expiring on or after January 1, 2021, and before January 1, 2023, both of the following shall apply:
(1)The board shall not return or refund the payment.
(2)The board shall not collect, and the licensee
shall not be required to pay, the renewal fee for the subsequent renewal period.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(a)(1)For the purpose of providing economic relief to licensees most severely impacted by the COVID-19 pandemic, the department may waive license renewal fees for licenses with expiration dates between March 1, 2021, and February 28, 2023, inclusive, as provided in this section.
(2)The waiver of license renewal fees shall apply only to the following license types that were active, as defined by the department in its guidelines, between March 1, 2020, and December
31, 2020, inclusive: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 58, 59, 60, 61, 64, 68, 69, 71, 72, 75, 76, 77, 78, 83, 86, 87, and 99.
(b)(1)A licensee may request a fee waiver in the manner provided by the department and shall certify under penalty of perjury that they qualify for the fee waiver as provided. The request shall be complete and received by the department before the expiration of the license for which the waiver is requested, including any authorized extensions thereto.
(2)For licenses that expire during the first full three months following enactment of this section, the department may extend license renewal dates, not to exceed 60 days, as
necessary to effectuate the intent of this section and to allow licensees a reasonable amount of time to request a fee waiver.
(3)If the licensee does not request the fee waiver in the manner prescribed in paragraph (1), the licensee shall not be eligible for a fee waiver and shall thereafter pay the license renewal fees, together with any penalties that may be applicable under Section
24048.
(4)The department shall not refund any license renewal fees paid before the enactment of this section or the submission of a waiver request by a licensee.
(c)(1)The department shall establish and publish on its internet website the requirements and guidelines for submitting a fee waiver request and the manner of certification.
(2)The requirements, guidelines, and the manner of certification for waivers under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(d)For purposes of this section, “license renewal fees” means fees payable pursuant to Section 23320, and applicable surcharges collected with those fees in accordance with Sections 23053.5, 23083.5, and 23320.5.
(a)The sum of twenty-five million six hundred thousand dollars ($25,600,000) is hereby appropriated from the General Fund to the Barbering and Cosmetology Contingent Fund, to be used by the State Board of Barbering and Cosmetology to backfill revenues related to waiving license renewal fees for licenses for individual practitioners, licenses to operate an establishment, and licenses to operate a mobile unit.
(b)Upon
order of the Department of Finance, the amount appropriated and available pursuant to this section may be increased by an amount sufficient to backfill the revenues lost due to the waived license renewal fees described in subdivision (a).
(c)This appropriation shall be made available for encumbrance until June 30, 2023, and unencumbered funds after that date shall revert to the General Fund.
(d)The appropriation authorized pursuant to this section shall constitute a cash transfer.