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SB 1262 Senate Bill-Bill Analysis Page 14 of 18 those who are low income by continuing to over burden localities with the job of regulation development and enforcement, and fail to create the consistency in rules and regulation across the state that is so sorely needed. "While the recent mock-up makes significant improvement over prior versions of SB 1262, we have significant concerns with the recent mock-up. ? "The recent mock-up would deny licenses to persons with prior felony drug convictions, denying opportunities for legal, gainful employment by including the language, "The bureau shall deny a license based on a past felony criminal conviction for drug trafficking, a felony conviction for embezzlement, a felony conviction involving fraud or deceit, and any violent or serious felony conviction pursuant to subdivision (c) of Section 667.5, or subdivision (c) of Section 1192.7 of the penal code. The bureau may also deny a license based on a past criminal conviction if the crime was substantially related to the qualifications, functions, or duties of the business for which the license will be issued. This is a concern because there are those in the medical marijuana field who have previous convictions related to marijuana activity, was deemed illicit at the time. Furthermore, poor people of color are more likely to receive arrests and convictions for drug related offenses, so this would create a bias towards who can apply for a license, and we believe this section should be deleted. This is a pattern of lifetime disenfranchisement and lifetime punishment that SB 1262 Page 19 Drug Policy Alliance and other experts agree is cruel, unjust and contributes to more crime, not less. The mock-up of amendments that was provided by Senator Correa's office on June 10th included this language, which we believe a fairer standard for denial of a license: The applicant, or any of its officers, directors, owners, members or shareholders has been convicted in the previous five years of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code, a serious felony as specified in subdivision (c) of Section 1192.7 of the Penal Code, a felony offense involving fraud or deceit, or any other felony that, in the department's estimation, would impair the applicant's ability to appropriately discharge the responsibilities of a licensee. "Furthermore, the recent mock-up provides that a provisional license would be denied to anyone with a "against whom there are pending federal?. administrative or judicial proceedings or actions." DPA does not oppose denial of license for pending state or local actions, but many ethical providers in the state today, who are in compliance with local ordinances, have been subject to federal harassment. ? "The recent mock-up creates several grounds for denial of provisional or "standard" licenses, but no ground for appeal of denial, stating that, "The department shall make recommendations to the Legislature pertaining to the establishment of an appeals and judicial review process for persons aggrieved by a final decision of the department." We believe that an appeals process should be stated in the legislation. In addition, the recent mock-up establishes aggressive fining structures, but no due process before fines are imposed, or a means for appeal. "The bill as amended calls for an $8000 application fee. This is prohibitive to smaller businesses and individuals wishing to hapi/wwwieginfoxa.gov/pub/13-14/6M/senfsb_1251-1300/sb_1262_c fa_20I 40626_11 1950_asm_comm.htm l 7/3/2014