Bill Text: CA AB3330 | 2019-2020 | Regular Session | Amended
Bill Title: Department of Consumer Affairs: boards: licensees: regulatory fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State - Chapter 359, Statutes of 2020. [AB3330 Detail]
Download: California-2019-AB3330-Amended.html
Amended
IN
Assembly
August 03, 2020 |
Amended
IN
Assembly
June 04, 2020 |
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA sets forth standards for the advertisement and marketing of cannabis and cannabis products. Under existing law, committing or maintaining a public nuisance is a misdemeanor.
This bill would
prohibit a person, as defined, from collecting a fee or any other form of compensation for advertising or marketing the sale or provision of cannabis or cannabis products, unless the sale or provision is done in compliance with MAUCRSA. The bill would also prohibit the completion, initiation, or facilitation of the sale or provision of cannabis or cannabis products unless the sale or provision is in compliance with MAUCRSA. The bill would make a violation of these provisions a public nuisance. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The Control, Regulate and Tax Adult Use of Marijuana Act, an
initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
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.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 208 of the Business and Professions Code is amended to read:208.
(a) Beginning April 1, 2014, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of six dollars ($6) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than six dollars ($6) per licensee, the Department of Consumer Affairs may, by regulation, reduce the fee established by this section to the reasonable regulatory cost.SEC. 2.
Section 208 is added to the Business and Professions Code, to read:208.
(a) Beginning January 1, 2021, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of fourteen dollars ($14) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than fourteen dollars ($14) per licensee, the Department of Consumer Affairs may, by regulation, reduce the fee established by this section to the reasonable regulatory cost.SEC. 3.
Section 2499.5 of the Business and Professions Code is amended to read:2499.5.
The following fees apply to certificates to practice podiatric medicine.The amount of fees prescribed for doctors of podiatric medicine shall be determined by the board and shall be as described below. Fees collected pursuant to this section shall be fixed by the board in amounts not to exceed the actual costs of providing the service for which the fee is collected.SEC. 4.
Section 4970 of the Business and Professions Code, as added by Section 4 of Chapter 308 of the Statutes of 2019, is amended to read:4970.
The amount of fees prescribed for licensed acupuncturists shall be those set forth in this section unless a lower fee is fixed by the board in accordance with Section 4972:(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
SEC. 5.
Section 4971 of the Business and Professions Code is amended to read:4971.
(a) The amount of fees prescribed for acupuncture tutorial programs shall be as follows:(a)
(b)
(c)
(d)
(e)
SEC. 6.
Section 4971 is added to the Business and Professions Code, to read:4971.
(a) The amount of fees prescribed for acupuncture tutorial programs shall be as follows:SEC. 7.
Section 4984.7 of the Business and Professions Code is amended to read:4984.7.
(a) The board shall assess the following fees relating to the licensure of marriage and family therapists:SEC. 8.
Section 4984.7 is added to the Business and Professions Code, to read:4984.7.
(a) The board shall assess the following fees relating to the licensure of marriage and family therapists:SEC. 9.
Section 4989.68 of the Business and Professions Code is amended to read:4989.68.
(a) The board shall assess the following fees relating to the licensure of educational psychologists:SEC. 10.
Section 4989.68 is added to the Business and Professions Code, to read:4989.68.
(a) The board shall assess the following fees relating to the licensure of educational psychologists:SEC. 11.
Section 4996.3 of the Business and Professions Code is amended to read:4996.3.
(a) The board shall assess the following fees relating to the licensure of clinical social workers:SEC. 12.
Section 4996.3 is added to the Business and Professions Code, to read:4996.3.
(a) The board shall assess the following fees relating to the licensure of clinical social workers:SEC. 13.
Section 4999.120 of the Business and Professions Code is amended to read:4999.120.
(a) The board shall assess fees for the application for and the issuance and renewal of licenses and for the registration of associates to cover administrative and operating expenses of the board related to this chapter. Fees assessed pursuant to this section shall not exceed the following:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
SEC. 14.
Section 4999.120 is added to the Business and Professions Code, to read:4999.120.
(a) The board shall assess the following fees relating to the licensure of professional clinical counselors:(a)A person shall not collect a fee or any other form of compensation for advertising or marketing the sale or provision of cannabis or cannabis products, unless the sale or provision is in compliance with this division.
(b)A person shall not complete, initiate, or facilitate the sale or provision of cannabis or cannabis products unless the sale or provision is in compliance with this division.
(c)A violation of this section shall be deemed a public nuisance.
The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.