HomeMy WebLinkAbout7/9/2008 - STAFF REPORTS - 2.G. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
OPPOSING AB2427 (ENG), PROPOSED
AMENDMENT TO THE BUSINESS AND
PROFESSIONS CODE TO PREEMPT LOCAL
GOVERNMENTS FROM REGULATING
PROFESSIONAL PRACTICES.
WHEREAS, AB2427 (ENG) proposes amending §460 of the California
Business and Professions Code, thereby preventing cities and counties from
regulating and establishing standards of practice within the boundaries of any city
or county; and
WHEREAS, the City recognizes that the State Department of Consumer
Affairs shall have the authority to establish fundamental regulatory policies and
set minimum standards for licensed professions; and
WHEREAS, AB2427 (ENG) establishes the State's exclusive authority to
regulate licensed businesses and professions, and prohibits legitimate local
regulations; and
WHEREAS, AB2427 (ENG) as proposed, would inappropriately and
broadly preempt the enforcement of local police powers; and
WHEREAS, the authority and responsibility to regulate the operation of
business and professions, when appropriate to address local concerns and
issues as necessary, should remain a function of local government.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1, The City Council does hereby oppose AB2427 (ENG) to amend the
California Business and Professions Code, §460.
ADOPTED THIS 9T" DAY OF JULY, 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk Item No. 2 • r V o
Resolution No,
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
CALIFORNIA LEGISLAI'UR4-2007-08 REGULAR SESSION
ASSEMBLY BILL No. 2427
Introduced by Assembly Member Eng
February 21, 2008
An act to amend Section 460 of the Business and Professions Code,
relating to professions and vocations.
L4GIti1.AT1Vr COUNSEL'S DIGEST
AB 2427, as introduced, Eng. Professions and vocations.
Existing law makes it unlawful for a city or county to prohibit a
person, authorized by one of the agencies of the Department of
Consumer Affairs to engage in a particular business, from engaging in
that business, occupation, or profession or any portion thereof.
This bill would also make it unlawful for a city or county to prohibit
that person or a group of those persons from engaging in any act or
series of acts that fall within the statutory or regulatory definition of
that business, occupation, or profession.
'Dote: majority. Appropriation: no. Fiscal corrmuuee: no.
State-mandated local program: no.
The people of the Stale of Calif rnia do enact as follows.
1 SECTION 1. Section 460 of the Business and Professions Code
2 is amended to read:
3 460. No city or cotmty shall prohibit a person or group of
4 persons, authonzed by one of the agencies in the Department of
5 Consumer Affairs by a license, certificate, or other such means to
6 engage in a particular business, from engaging in that business,
7 occupation,or profession or any portion thereof, or fro engngutg
99
AB 2427 —2—
1 in any act or series oj' acts that fall within the statutory or
2 regulatory definition of that business, occupation, or profession.
3 Nothing in this section shall prohibit any city or county or city and
4 county from levying a business license tax solely for revenue
5 purposes nor any city or county from levying a license tax solely
6 for the purpose of covering the cost of regulation-
0
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000H4
n U .G 7 7 1400 K Street, Suite 400 • Sacramento, California 95314
tl Phone: 916.658.8200 Fax' 916 658 8240
OF CALIFORNIA www.cacities.org
...- CITIES
June 12, 2008
The Honorable Mark Ridley-Thomas
Chair, Senate Business, Professions and Economic Development Committee
State Capitol, Room 4061
Sacramento, CA 95814
RE: AB 2427 (Ena)— Professions and Vocations
Hearing Date: June 23, 2008—Senate Business, Professions and Economic
Development Committee
Notice of Opposition
Dear Senator Ridley-Thomas:
The League of California Cities opposes AB 2427, a measure that would amend Section
460 of the Business and Professions Code. under current law, this section imposes
certain restrictions on local agencies' authority to limil businesses and occupations that
are licensed through the Department of Consumer Affairs (DCA). AB 2427 would further
ban cities and counties from prohibiting a person or "group of persons" who are licensed
through the DCA"from engaging in any act or series of acts that fall within the statutory
or regulatory definition of that business, occupation, or profession."
The League is concerned that this measure, as drafted, would inappropriately and
broadly preempt the enforcement of local police powers. While we respect the authority
of the DCA to confer licenses on individuals deemed fit and qualified to engage in certain
professions and occupations, we do not believe the authority to determine fitness and
qualifications through a licensing process should be unassailable. We regard the
authority and responsibility to regulate the operation of business and professions, where
appropriate to address local concerns, as necessary functions of local government.
For these reasons, the League opposes AB 2427. If you have any questions, please feel
free to contact me at (916) 658-8252,
Sincerely,
Grvn L �.a4�r
Kyra Ross
Legislative Representative
League of CA Cities
CC' Assembly Member Eng
Members, Senate Business, Professions and Economic Development Committee
Bill Gage, Chief Consultant, Senate Business, Professions and Economic Development Committee
Amber Throne, Consultant, Senate Republican Caucus
Governor's Office of Planning and Research