by Jason Burruel, Legislative Director
As we mentioned last week, the CPOA Executive Board had a successful meeting with Governor Jerry Brown. We alerted Governor Brown and his staff to several critical issues including funding for POST and legislation that will negatively affect SETNA funding. This week, the Joint Assembly Business, Professions and Consumer Protection Committee and Senate Business, Professions and Economic Development Committee held a review of proposed sunsets, including the California Massage Therapy Council (CAMTC).
AB 1717, authored by Assemblymember Perea would enact the Prepaid Mobile Telephony Service Surcharge Collection Act. The bill would establish a prepaid MTS surcharge based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services. The prepaid MTS surcharge would include the emergency telephone users’ surcharge, and PUC surcharges. The bill would require a seller to collect the prepaid MTS surcharge from a prepaid consumer and remit the amounts collected to the State Board of Equalization pursuant to the Fee Collection Procedures Law. This legislation is similar to AB 300 of the 2013 session which was heavily opposed by CPOA and vetoed by Governor Brown. We have had initial discussions with the Governor’s staff regarding this legislation and committed to working with Governor Brown and Assemblymember Perea to find a resolution.
CPOA’s Law & Legislation Committee Chair, Chief Mitch McCann attended the sunset hearing to provide testimony regarding the lack of control the CAMTC has over the massage industry in California. In five years, the CAMTC has approved roughly 47,000 certificates for massage professionals while imposing discipline only eleven times. In 2013, law enforcement officials in California submitted 240 sworn declarations to the CAMTC who only revoked 29 certificates. California statute provides a list of reasons a certificate may be revoked or denied, but nothing requires CAMTC to do so. This is why we believe the sunset needs to expire and a new set of rules be put into place in order to gain control of an out of control business model.
AB 1526, authored by Assemblymember Holden extends the sunset date to January 1, 2020 on statue that authorizes the Attorney General (AG), chief deputy attorney general, chief assistant attorney general, district attorney or the district attorney's designee to apply to the presiding judge of the superior court for an order authorizing the interception of wire or electronic communications under specified circumstances. This is critical due to the evolution of the digital age, individuals have become more clever and organized in drug and arms trafficking, therefore requiring an equally sophisticated response from law enforcement and its partners to disrupt and dismantle their networks. This legislation was passed out of Assembly Public Safety Committee This week.
AB 1588, authored by Assemblymember Conway, would increases the distance around schools which are prohibited zones for the operation of medical marijuana dispensaries and collectives from 600 feet to 1000 feet. While this is good public safety legislation, pro marijuana groups as well as several Democratic legislators said that this will hinder patient’s ability to access their medicine in urban communities. This legislation failed to receive enough votes to pass out of Assembly Public Safety.
AB 2121, authored by Assemblymember Gray was sent to Assembly Public Safety last week and we anticipate a hearing date in the next two weeks. This bill would increase the penalty for sex offenders on parole who remove or disable a GPS monitoring device to incarceration in a county jail for not less than 180 days and not more than one year. Like previous legislation, we believe this bill this will ultimately lead to very few offenders serving real time due to population caps on county jails. However, we are pleased to see that legislators realize the problems created by realignment.
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