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D California Senate · District 31

Sen. Richard Roth

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Total votes
23,767
all sessions
Attendance
96%
773 missed
Near the chamber average
With party
99%
of cast votes
Near the chamber average
Bipartisan score
0%
crosses aisle rarely
Near the chamber average
Sponsored
492
bills & resolutions
Near the chamber average
Committees
0
assignments
492 bills and resolutions

Sponsored bills

Total
492
Primary
185
Co-sponsor
307
This page
492
matching current filters
Co-sponsor SB 463
Signed into law · California Senate · Co-sponsor
Dependent children.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law requires the court to make a determination, throughout various hearings in the juvenile dependency process, including at the 6-month review hearing, the 12-month permanency hearing, and subsequent permanency review hearings, as to whether the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. Under existing law, the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs is considered prima facie evidence at these hearings that return would be detrimental. This bill would delete these provisions requiring the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs to be considered prima facie evidence at specified review hearings. This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by AB 937 to be operative only if this bill and AB 937 are enacted and this bill is enacted last.

Signed into law Oct 10, 2023 1 co-sponsor
Primary SB 228
Signed into law · California Senate · Lead sponsor
Civilian youth opportunities program.

Existing law authorizes the Adjutant General to conduct a civilian youth opportunities program, known as the "National Guard Youth ChalleNGe Program," consisting of a residential program and post-residential mentoring to serve at-risk teens in areas of the state, including, but not limited to, the San Joaquin Valley and northern California, as specified. This bill would require the Adjutant General to additionally conduct that program in western Riverside County.

Signed into law Oct 10, 2023 0 co-sponsors
Co-sponsor SB 281
Signed into law · California Senate · Co-sponsor
Crimes: aggravated arson.

Existing law, until January 1, 2024, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $8,300,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2024, deletes the aggravating factor of property damage and other losses in excess of $8,300,000 from the definition of aggravated arson. This bill would increase the dollar amount of property damages and other losses required to be an aggravating factor to $10,100,000, exclusive of damage to, or destruction of, inhabited dwellings. The bill would extend the operation of the former aggravated arson offense until January 1, 2029. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages and other losses as an aggravating factor until January 1, 2029. By extending the operation of law defining a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Signed into law Oct 10, 2023 1 co-sponsor
Primary SB 816
Signed into law · California Senate · Lead sponsor
Professions and vocations.

(1) Existing law, the Vocational Nursing Practice Act, establishes in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is charged with various licensing, regulatory, and disciplinary functions related to vocational nursing. Existing law, effective until January 1, 2025, sets forth an approval process for a vocational nursing school or program and authorizes the board to reduce the continuing approval fees, by no more than 12 of the established fee, for a program that experiences a reduction in state funding that directly leads to a reduction in enrollment capacity. Existing law, the Psychiatric Technicians Law, also grants the board authority to license and regulate psychiatric technicians. That law, effective until January 1, 2025, similarly establishes an approval process for a school or program for psychiatric technicians and authorizes the board to reduce the continuing approval fees, by no more than 12 of the established fee, for a program that experiences a reduction in state funding that directly leads to a reduction in enrollment capacity. This bill would instead authorize the board to reduce the continuing approval fees in the above-described circumstances for a program that experiences a reduction in enrollment capacity that directly leads to a reduction in state funding. The bill would revise related provisions to require the board to require a program to provide documentation for purposes of issuing the fee reduction. (2) Existing law, the Psychology Licensing Law, imposes various fees on applicants for licensure and on licensees, including an application fee for registration as a psychologist of $50, a biennial renewal fee for registration as a psychologist of $400, an initial psychologist licensing fee in an amount not to exceed the renewal fee, an application fee for registration as a psychological associate of $75, an annual renewal fee for registration of a psychological associate of no more than $75, and a delinquency fee for each license type not to exceed $150. Existing law requires a licensed psychologist who holds an inactive license to pay a biennial renewal fee of no more than $40. This bill would increase various fees imposed under the Psychology Licensing Law. In this regard, the bill would increase the application fee for registration as a psychologist to $236, the biennial renewal fee for registration as a psychologist to $795, the initial psychologist licensing fee to $231, the application fee for registration as a psychological associate to $424, and the annual renewal fee for registration of a psychological associate to $224. The bill would increase the maximum delinquency fee for each of these license types to $397.50. The bill would also establish an application fee in the amount of $127 for the California Psychology Law and Ethics Examination and a fee in the amount of $184 for Fingerprint Hard Card Processing for Out-of-State Applicants. The bill would increase the biennial renewal fee that a licensed psychologist with an inactive license must pay to $221. (3) Existing law, until January 1, 2027, provides a comprehensive scheme for the certification and regulation of interior designers. Under existing law, a Certified Interior Designer may obtain a stamp from an interior design organization that includes a number that identifies and bears the name of the designer, and that stamp certifies that the Certified Interior Designer has provided the interior design organization with evidence of passage of an interior design examination and completion of certain interior design education or experience requirements. This bill would, instead, establish the California Council for Interior Design Certification to carry out duties and responsibilities governing the stamp certification and regulation of interior designers. The bill would authorize the council to issue certifications pursuant to these provisions to applicants who provide satisfactory evidence of compliance with specified education, experience, and examination requirements. The bill would identify the individual as either a "Certified Interior Designer" or "Certified Commercial Interior Designer" if the designer has completed certain additional interior design courses and examination requirements for the commercial designation, as determined by the council. This bill would authorize the council to adopt bylaws, rules, and procedures and establish reasonable application fees, renewal fees, and other fees related to the regulatory cost of providing services and carrying out the council's duties. The bill would make other related and conforming changes to these provisions. (4) Existing law, the Pharmacy Law, establishes the licensure and regulation of the practice of pharmacy, including, among others, pharmacies, wholesalers or third-party logistics providers, nonresident wholesalers or third-party logistic providers, centralized hospital packing pharmacies, sterile compounding pharmacies, and paramedics. Existing law specifies the fees for issuance or renewal of licenses issued pursuant to the Pharmacy Law, including, among others, pharmacy licenses, outsourcing facility licenses, and centralized hospital packaging licenses. This bill would reorganize and revise the fee schedule for specified licenses issued pursuant to the Pharmacy Law to both increase and decrease the amounts charged for the original issuance and renewal of those licenses, as well as for temporary licenses. The bill would also establish the fee schedule for the application and licensing fees of remote dispensing site pharmacies. The bill would make these provisions operative on January 1, 2025. (5) Existing law, the Veterinary Medicine Practice Act, provides for the regulation of the practice of veterinary medicine by the Veterinary Medical Board in the Department of Consumer Affairs. Existing law requires the board to adopt regulations establishing animal health care tasks that may be performed by licensed veterinarians, registered veterinary technicians, or veterinary assistants. Existing law establishes a process by which a veterinary assistant may apply for a controlled substance permit. Existing law prohibits the board from issuing a veterinary assistant controlled substance permit to any applicant with a state or federal felony controlled substance conviction. Existing law makes it a misdemeanor for any person to violate or aid or abet in the violation of the act. This bill would delete the prohibition on the board issuing a veterinary assistant controlled substance permit to an applicant with a conviction, as described above. By expanding the application of the act, the violation of which is a crime, the bill would impose a state-mandated local program. (6) Existing law establishes the California Board of Accountancy, which is within the Department of Consumer Affairs, and requires the board to license and regulate accountants in this state. Existing law imposes various fees on applicants for licensure as a certified public accountant and on certified public accountant licensees, including an application fee for a certified public accountant certificate in an amount not to exceed $250 and a biennial renewal fee for each permit to engage in the practice of public accountancy in an amount not to exceed $280. Existing law imposes a fee in an amount not to exceed $250 to each applicant for registration as a partnership or professional corporation. Existing law credits all moneys received by the board to the Accountancy Fund and continuously appropriates all money in that fund derived from fees. This bill would increase various fees, including the application fee for a certified public accountant certificate to $700. The bill would adjust and increase the biennial renewal fee for each permit to engage in the practice of public accountancy that expires after June 30, 2024, to $340 for a certified public accountant and $400 for a partnership or professional corporation. The bill would adjust and increase the biennial renewal fee for each permit to engage in the practice of public accountancy that expires after June 30, 2026, to $400 for a certified public accountant and $520 for a partnership or professional corporation. The bill would increase the fee imposed on an applicant for registration as a partnership or professional corporation to no less than $250, but no more than $2,000. By increasing the fees deposited in a continuously appropriated fund, this bill would make an appropriation. (7) Existing law establishes the California Architects Board within the Department of Consumer Affairs, and sets forth its powers and duties relating to the licensing and regulation of landscape architects, including the authority to issue licenses for the practice of landscape architecture. Existing law imposes various fees on applicants for licensure as a landscape architect and on landscape architect licensees, including an application fee not to exceed $100, a fee for the examination for a license to practice landscape architecture in an amount not to exceed the actual cost to the board to administer each exam, a fee not to exceed $400 for an original license, a fee not to exceed $50 for a duplicate license, and a renewal fee not to exceed $400. This bill would increase the above-described fees imposed on landscape architect applicants and licensees. In this regard, the bill would impose an application fee of $100 and a fee for the California Supplemental Examination of not less than $350. The bill would authorize the board to increase the examination fee by regulation up to $400. The bill would increase the fee for an original license to $700. The bill would authorize the board to increase the fee by regulation up to $800. The bill would increase the fee for a duplicate license to $300 and would increase the renewal fee to be not less than $700. The bill would authorize the board to increase the original license fee by regulation up to $800. (8) Existing law requires a person who weighs, measures, or counts a commodity and issues a statement or memorandum of the weight, measure, or count that is used as the basis for either the purchase or sale of that commodity or charge for service, to obtain a license as a weighmaster from the Department of Food and Agriculture, and imposes an annual license fee and various other requirements on weighmasters. Existing law, until January 1, 2024, requires a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application, and requires a weighmaster who is a junk dealer or recycler to pay an additional annual fee of $500 to the department for each location at which the weighmaster operates, as specified. Existing law provides for license fees collected pursuant to these provisions to be deposited in the Department of Food and Agriculture Fund and continuously appropriated for the administration and enforcement of these provisions. This bill would extend the operation of the requirements to furnish the additional application information and to pay the additional annual fee to January 1, 2028. By extending the collection of a fee deposited in a continuously appropriated fund, this bill would make an appropriation. (9) This bill would incorporate additional changes to Section 5134 of the Business and Professions Code proposed by SB 887 to be operative only if this bill and SB 887 are enacted and this bill is enacted last. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Signed into law Oct 10, 2023 0 co-sponsors
Primary SB 419
Signed into law · California Senate · Lead sponsor
Property tax: exemptions: personal property used in space flight.

The California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a 23 vote of the membership of each house. Pursuant to this constitutional authorization, existing property tax law, for the January 1, 2014, lien date to and including the January 1, 2024, lien date, exempts qualified property, as defined, for use in space flight, as specified. Existing law repeals this exemption as of July 1, 2025. This bill would extend to January 1, 2029, the operation of the property tax exemption for qualified property used in space flight. By extending the operation of this exemption, the bill would impose a state-mandated local program. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The Legislative Open Records Act (LORA) authorizes any person to inspect legislative records, as defined, subject to specified exemptions. This bill would include findings and reporting requirements in compliance with the above-described new tax expenditure requirement. The bill would require the Legislative Analyst's Office (LAO) to provide the report and would provide that records received by and in the custody of the LAO are confidential and not subject to disclosure under LORA. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.

Signed into law Oct 10, 2023 0 co-sponsors
Co-sponsor SB 43
Signed into law · California Senate · Co-sponsor
Behavioral health.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law, for purposes of involuntary commitment, defines "gravely disabled" as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of "gravely disabled" to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill would also expand the definition of "gravely disabled," as it applies to specified sections, to include, in addition to the basic needs described above, the inability for a person to provide for their personal safety or necessary medical care as a result of chronic alcoholism. The bill would authorize counties to defer implementation of these provisions to January 1, 2026, as specified. The bill would make conforming changes. To the extent that this change increases the level of service required of county mental health departments, the bill would impose a state-mandated local program. Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Under this bill, for purposes of an opinion offered by an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be made inadmissible by the hearsay rule under specified conditions. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel. Existing law requires the State Department of Health Care Services to collect data quarterly and publish, on or before May 1 of each year, a specified report that includes, among other things, the number of persons for whom temporary conservatorship are established in each county and an analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided, as specified. This bill would, beginning with the report due May 1, 2024, require the report to also include the number of persons admitted or detained, as specified, for conditions that include, among others, grave disability due to a mental health disorder, severe substance use disorder, or both a mental health disorder and a severe substance use disorder. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Signed into law Oct 10, 2023 1 co-sponsor
Co-sponsor AB 1264
Signed into law · California Assembly · Co-sponsor
Acupuncture.

Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture. The act defines various terms for those purposes, including "approved educational and training program," which references the Accreditation Commission for Acupuncture and Oriental Medicine. This bill would define additional terms under the act, including supervising acupuncturist, acupuncture assistant, and basic supportive acupuncture service. The bill would update the reference to the above-described commission, as specified, and would make conforming changes. Existing law requires the Acupuncture Board, consisting of 7 members, to enforce and administer the act, and repeals this provision on January 1, 2024. Under existing law, that repeal renders the board subject to review by the appropriate policy committees of the Legislature. Existing law makes the protection of the public the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Existing law authorizes the board, by and with the approval of the Director of Consumer Affairs, to appoint an executive officer who is exempt from the State Civil Service Act, and repeals this provision on January 1, 2024. This bill would reorganize and make other nonsubstantive changes to these provisions. The bill would repeal these provisions on January 1, 2028. The bill would additionally authorize the board, or its designee, upon complaint, to inspect specified premises, places of practice, or clinics. The bill would require specified records to be open to inspection by the board, or its designee, during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action or issuance of a citation and fine by the board. The bill would require a copy of the above-described records to be provided to the board immediately upon request. Existing law requires an acupuncturist to obtain and post a wall license at each place of practice. Existing law establishes that an acupuncturist is responsible for the acupuncture, Asian massage services, or any other specified practice rendered pursuant to the license of the acupuncturist in each place of practice maintained by the acupuncturist. This bill would delete the requirement that the acupuncturist be responsible for Asian massage services in the provision described above.

Signed into law Oct 10, 2023 1 co-sponsor
Co-sponsor AB 1262
Signed into law · California Assembly · Co-sponsor
Professional fiduciaries.

Existing law, the Professional Fiduciaries Act, until January 1, 2024, establishes the Professional Fiduciaries Bureau, under the supervision and control of the Director of Consumer Affairs, within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries, as defined. The act transfers the responsibilities and jurisdiction of the bureau to the Professional Fiduciaries Advisory Committee upon the repeal of the provisions establishing the bureau, and provides that the committee consists of 7 appointed members serving 4-year terms. The act authorizes a person to identify themself as a licensed professional fiduciary if they have been licensed by the bureau. This bill would extend the repeal date of the provisions establishing the bureau to January 1, 2028, and would delete the provision providing for the transfer of the responsibilities and jurisdiction of the bureau to the committee. The bill, commencing January 1, 2027, would reduce one term of certain appointed members to 2 or 3 years, and, after the reduced term, would resume the 4-year terms for those appointments, as specified. The bill would specify that only a person who holds a current and active license from the bureau is authorized to identify themself as a licensed professional fiduciary. The bill would make it an infraction for a person to hold themself out as a professional fiduciary or a licensed professional fiduciary without being licensed. By creating a new crime, the bill would impose a state-mandated local program. Existing law generally requires the bureau to maintain and keep confidential certain information in each licensee's file, but requires the bureau to make a specified subset of the information available to the public and published on the internet. That subset of information includes whether the licensee has ever been removed for cause or has resigned as a conservator, guardian, trustee, personal representative of a decedent's estate, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances. That subset of information that the bureau is required to make available to the public and published on the internet also includes the circumstances causing the removal or resignation and the case names, court locations, and case numbers associated with the removal or resignation. This bill would remove the circumstances causing the removal or resignation and the associated case names, court locations, and case numbers from the subset of information that the bureau is required to make available to the public and published on the internet. Existing law prohibits a license that is not renewed within 3 years following its expiration from being renewed, restored, or reinstated, and requires the license to be canceled immediately upon expiration of the 3-year period. Existing law also requires the bureau to deny an applicant's application to place a license in retired status if the license is punitively restricted by the bureau. This bill would authorize a canceled license to be reinstated if specified requirements are met, including fulfillment of all application requirements. The bill would authorize a person whose license has been revoked, surrendered, suspended, or otherwise disciplined to petition the bureau for reinstatement or reduction of penalty in accordance with specified requirements. The bill would require the director to rule on the petition and impose any terms and conditions the director reasonably deems appropriate. The bill would require the bureau to deny an application to place a license in retired status if the license is restricted by the bureau. Existing law requires a licensee to file with the bureau, 60 days before the expiration of a license, an annual statement containing specified information regarding the licensee. This bill would require a licensee to also notify the bureau in writing of their intent not to renew their license and submit a final annual statement demonstrating they are no longer subject to licensure, and would require the bureau to provide the licensee with any discrepancies between the final annual statement and the bureau's records. The bill would require a licensee to respond to any written inquiry relating to an investigation of a complaint against a licensee within 30 calendar days, and would make a license who does not provide true and accurate information subject to disciplinary action. The bill would specify that aiding or abetting an unlicensed person to evade the provisions of the act or taking other specified actions relating to unlicensed persons with intent to evade the provision of the act constitutes a cause for disciplinary action. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Signed into law Oct 10, 2023 1 co-sponsor
Co-sponsor AB 1257
Signed into law · California Assembly · Co-sponsor
Dentistry: Dental Hygiene Board of California: Dental hygienists: Examinations and licensure.

Existing law, the Dental Practice Act, provides for the licensure and regulation of dental hygienists by the Dental Hygiene Board of California. Existing law requires the board to consist of 9 members, and requires 7 members to be appointed by the Governor, one to be appointed by the Senate Committee on Rules, and one to be appointed by the Speaker of the Assembly. Existing law authorizes the Governor to remove any member of the board, as specified. Existing law repeals those provisions on January 1, 2024, at which time the board is subject to review by the appropriate policy committees of the Legislature. This bill would instead authorize an appointing authority to remove a member of the board appointed by that appointing authority, as specified. This bill would also extend the repeal date of the board and related appointment provisions to January 1, 2028. Existing law requires the board to license as a registered dental hygienist a person who satisfies specified requirements, including completion of a prescribed education program, satisfactory completion of an examination in California law and ethics, and satisfactory performance, within the preceding 3 years, of the dental hygiene examination given by the Western Regional Examining Board or any other clinical or dental hygiene examination approved by the board. Under this bill, graduation from a California accredited dental hygiene college approved by the board within the preceding 3 years satisfies the requirement for satisfactory performance of the dental hygiene examination given by the Western Regional Examining Board or any other clinical or dental hygiene examination approved by the board. This bill would additionally require an applicant for licensure as a registered dental hygienist to maintain a current, valid certification in basic life support, as prescribed. Under existing law, the board, as a condition of license renewal, shall require a licensee to successfully complete a portion of the required continuing education hours in specific areas adopted in regulations by the board. Under existing law, the mandatory coursework prescribed by the board shall not exceed 7 12 hours per renewal period. This bill would authorize the board to increase the prescribed mandatory coursework to 10 hours per renewal period. Existing law requires the State Department of Public Health to license and regulate health facilities. Existing law requires the board to license and regulate registered dental hygienists, registered dental hygienists in extended functions, and registered dental hygienists in alternative practice, who have varying levels of education and training requirements and varying privileges within the scope of their respective practice. Existing law authorizes a person licensed as a registered dental hygienist in alternative practice to provide oral health inservice training to staff in a long-term health care facility. This bill would instead authorize a person licensed as a registered dental hygienist to provide the above-described training.

Signed into law Oct 10, 2023 1 co-sponsor
Co-sponsor AB 1263
Signed into law · California Assembly · Co-sponsor
Vehicles: Bureau of Automotive Repair: smog check program.

(1) Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified. Existing law authorizes the Director of Consumer Affairs to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau. Existing law subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2024. This bill would extend the above-described date to January 1, 2028. (2) Existing law defines "automotive repair dealer" for purposes of the Automotive Repair Act to mean a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. This bill would amend that definition to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees. (3) Existing law prohibits a person required to have a valid registration under the Automotive Repair Act from having the benefit of a lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration. This bill would authorize the Bureau of Automotive Repair to adopt regulations to carry out that prohibition as necessary. (4) Existing law requires the Director of Consumer Affairs to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction. Existing law requires the Director of Consumer Affairs to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. Existing law requires the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. Existing law requires the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified. Existing law provides that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and repeals those provisions on the effective date of the new regulations. Existing law provides that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the adoption of those regulations. This bill would instead repeal those provisions 6 months after the effective date of the new regulations and would also provide that licenses and certificates issued pursuant to those repealed provisions remain valid for 6 months after the effective date of the new regulations. The bill would make conforming changes. By extending the operation of those provisions regulating lamp and brake adjusting stations, the violation of which is an infraction, this bill would impose a state-mandated local program. (5) Existing law requires the Bureau of Automotive Repair and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. This bill would change the list of licensees within the bureau for this purpose to instead include automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians. (6) Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. The smog check program provides for the inspection of all motor vehicles, except those specifically exempted from the program, upon registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law requires the department to implement a program to test a portion of the state vehicle fleet registered in an enhanced program area, as specified, at test-only facilities and authorizes the department to implement the program through privately operated test-only facilities pursuant to contracts to be awarded pursuant to specified requirements. This bill would revise and recast this program by, among other things, deleting provisions relating to the contracting of test-only facilities. The bill would also require certain vehicles included for testing in the program to be tested by referee facilities or a similar contracted inspection network established by the department. The bill would authorize a referee to charge a fee sufficient to cover the cost of performing inspections of those vehicles. The bill would make other conforming changes for these purposes. (7) Existing law authorizes smog tests to include certain test methods and requires the department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the Department of Consumer Affairs, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified. This bill would, beginning no earlier than January 1, 2025, also require the department to implement testing using onboard diagnostic systems, in lieu of the above-described test methods, only on model year 1996–1999 vehicles. (8) Existing law requires the Department of Consumer Affairs to provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. This bill would provide that, for purposes of the provisions of relating to the smog check program, the term "qualified smog check technician" refers to both smog check technicians and smog check inspectors. (9) Existing law requires the Department of Consumer Affairs to develop a program for the voluntary certification of licensed smog check stations, or to accept a smog check station certification program proposed by accredited industry representatives, for the purpose of providing consumers, whose vehicles fail an emissions test at a test-only facility, an option of services at a single location for vehicle certification, as specified. Existing law requires smog check stations that seek voluntary certification under this program to enter into an agreement with the department to provide certain repair services. This bill would delete the stated purpose of the program. The bill would authorize, rather than require, a smog check station that seeks voluntary certification under the program to enter into the above-described agreement. The bill would also require certain vehicles required by the department to obtain a certificate of compliance each year in enhanced program areas or in basic program areas to receive their certificate from smog check stations certified under this program rather than from a test-only facility. (10) Existing law requires the Department of Consumer Affairs to compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the motor vehicle inspection program and, in cooperation with the State Air Resources Board, to perform analyses of that data and report the results to the public on an annual basis. This bill would instead require the department, in cooperation with the state board, to report the results of those analyses on a biennial basis. (11) Existing law requires the Department of Consumer Affairs to revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. Under existing law, a fraudulent inspection includes clean piping, as defined by the department. This bill would provide that a fraudulent inspection, for purposes of this provision, includes clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department. (12) Existing law authorizes a fleet owner, as defined, to operate a facility, licensed by the Commissioner of the California Highway Patrol, to inspect and maintain fleet vehicles. Existing law prohibits such a licensed facility from certifying the adjustment of lamps or brakes or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensee's own fleet. This bill would instead prohibit a licensed fleet inspection and maintenance facility from certifying vehicle safety systems or the installation, inspection, repair, or servicing of motor vehicle pollution control devices or systems, except for vehicles in the licensee's own fleet. (13) Existing law prohibits the subsequent registration of a vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle until certain documentation, including an official lamp and brake adjustment certificate, has been submitted to the Department of Motor Vehicles. This bill would, instead of an official lamp and brake adjustment certificate, require the submission of a vehicle safety systems certificate of compliance to the department before the subsequent registration of a total loss salvage vehicle or dismantled vehicle, as specified. (14) Existing law prohibits a person from violating a written promise to correct or willfully failing to deliver proof of correction of a correctable motor vehicle equipment violation. Existing law provides that proof or correction can be certified by a peace officer, the Department of Motor Vehicles, a court clerk, a licensed lamp and brake adjusting station, or a licensed smog inspection station, as specified. This bill would, instead of certification by a licensed lamp and brake adjusting station, authorize proof of correction for certain violations to be provided by a station licensed or contracted to certify vehicle safety systems, as specified. (15) Existing law prohibits a dealer or person holding a retail seller's permit from selling a new or used vehicle that is not in compliance with specified statutes and regulations, unless the vehicle is sold to another dealer, for the purpose of being legally wrecked or dismantled, or for off-highway use exclusively. This bill would require a salvage vehicle rebuilder, when selling a total loss salvage vehicle, to provide the purchaser with a valid vehicle safety systems certificate of compliance, as specified, prior to, or at the time of, delivery for sale, unless the vehicle is sold to a dealer or for the purpose of being legally wrecked or dismantled. The bill would make findings and declarations of the Legislature. (16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (17) This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 373 to be operative only if this bill and SB 373 are enacted and this bill is enacted last.

Signed into law Oct 10, 2023 1 co-sponsor
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