Bureau outlines rulemaking and AB 21‑38 implementation; staff tracking multiple bills affecting movers and licensing

Diana Rodinas, policy manager, and Yosanna Lamar, policy manager, briefed the advisory council on the bureau’s regulation work and the 2020 legislative session.

Rodinas said the bureau prepared a Section 100 rulemaking package to amend outdated cross references and remove inoperative sections in title 4 of the California Code of Regulations; that package is under internal review and will be filed with the Office of Administrative Law when approved. She also said the bureau has proposed rulemaking to adopt substantial‑relationship and rehabilitation criteria consistent with Assembly Bill 21‑38 (as discussed below) and that an initial household movers rulemaking package is under department review and will move to the 45‑day public comment period after department approval.

Lamar described steps to implement AB 21‑38, effective July 1, 2020. The bureau must collect and report anonymized race and gender data to the legislature for applicants where substantially related criteria are used; the department developed an anonymous survey for that purpose. AB 21‑38 generally prohibits programs from asking about criminal convictions but exempts this bureau; staff said the bureau reviewed applications and will remove the criminal conviction question from the household mover application because fingerprinting will be required, while other program applications will be updated for clarity.

On legislative tracking, Lamar reviewed several bills mentioned in the meeting materials: AB 1616 (would have allowed certain revocation information to be removed from the bureau website; held in the Senate committee), AB 1850 (a series of bills amending AB 5; held in committee), AB 22‑57 (recently amended to incorporate various AB 1850 changes and an exemption for business‑to‑business relationships; on third reading in the Senate at the time of the meeting), AB 21‑85 (would have required licensure if an out‑of‑state license is in good standing but was held), AB 24‑60 (proposed an exemption for storage‑container delivery companies; hearings canceled at the author’s request), and SB 878 (would require programs to post average application processing times; placed on consent calendar and pending senate concurrence after amendment). Lamar said the bureau follows bills that affect bureau operations and related industries and will notify council members by listserv when rulemaking enters the 45‑day public comment period.

Council members asked to receive notice when the 45‑day comment period opens and asked staff to continue monitoring bills affecting ignition interlock devices; staff confirmed they track those measures.