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AB-193 Professions and vocations. (2019-2020)

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Date Published: 01/10/2019 09:00 PM
AB193:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 193


Introduced by Assembly Member Patterson

January 10, 2019


An act to amend Sections 7026.1, 7316, 7332, 7334, 7337.5, 7396, 7423, 19011, 19017, 19051, 19059.5, 19060.6, and 19170 of, to add and repeal Section 101.5 of, and to repeal Sections 7326, 7365, 19010.1, and 19052 of, the Business and Professions Code, and to amend Section 110371 of the Health and Safety Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 193, as introduced, Patterson. Professions and vocations.
(1) Existing law establishes the Department of Consumer Affairs in the Business, Consumer Services, and Housing Agency to, among other things, ensure that certain businesses and professions that have potential impact upon the public health, safety, and welfare are adequately regulated.
This bill would require the department, beginning on January 1, 2021, to conduct a comprehensive review of all occupational licensing requirements and identify unnecessary licensing requirements that cannot be adequately justified. The bill would require the department to report to the Legislature on January 1, 2023, and every 2 years thereafter, on the department’s progress, and would require the department to issue a final report to the Legislature no later than January 1, 2033. The bill would require the department to apply for federal funds that have been made available specifically for the purpose of reviewing, updating, and eliminating overly burdensome licensing requirements, as provided.
(2) Existing law provides for the licensure and regulation of contractors by the Contractors’ State License Board in the department and includes within the term “contractor” a person who performs tree removal, tree pruning, stump removal, or engages in tree or limb cabling or guying.
This bill would delete tree pruning from those provisions.
(3) Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of cosmetology by the State Board of Barbering and Cosmetology in the department and defines the practice of both barbering and cosmetology to include shampooing the hair of any person. The act also specifies that, within the practice of cosmetology, there is the specialty branch of skin care, which includes applying makeup, and the specialty branch of nail care, which includes cutting, trimming, polishing, coloring, tinting, cleansing, manicuring, or pedicuring the nails of any person.
This bill would delete shampooing another person from the practice of barbering and cosmetology, would delete the act of applying makeup on another person from the specialty practice of skin care, and would delete nail care from the practice of cosmetology.
(4) Existing law provides for the regulation of custom upholsterers by the Bureau of Household Goods and Services in the department, and requires every custom upholsterer to hold a custom upholsterer’s license.
This bill would delete those provisions requiring licensure of custom upholsterers.
(5) The bill would make conforming and other nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Many entities, including the Federal Trade Commission, the United States Department of Labor, and the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, have acknowledged the unnecessary burdens that occupational licensing places on otherwise qualified workers.
(b) Unnecessary licensing increases costs for consumers and restricts opportunities for workers.
(c) Researchers show that occupational licensing restrictions can result in almost three million fewer jobs and a cost of over $200,000,000,000 to consumers.
(d) The Institute for Justice estimates that burdensome licensing in California results in a loss of 195,917 jobs and $22,000,000,000 in misallocated resources.
(e) California is the most broadly and onerously licensed state in the nation and has been identified as the nation’s worst licensing environment for workers in lower-income occupations.
(f) Licensing is also believed to disproportionately affect minorities and exacerbate income inequality.

SEC. 2.

 Section 101.5 is added to the Business and Professions Code, to read:

101.5.
 (a) The department shall apply for federal funds that have been made available specifically for the purposes of reviewing, updating, and eliminating overly burdensome licensing requirements.
(b) Beginning on January 1, 2021, the department shall conduct a comprehensive review of all occupational licensing requirements and shall identify unnecessary licensing requirements that cannot be adequately justified. The department shall conduct the review whether or not the state receives federal funds pursuant to subdivision (a).
(c) The department shall report to the Legislature on January 1, 2023, and every two years thereafter until the department has completed its review, on the department’s progress in conducting the review. The department shall issue a final report to the Legislature no later than January 1, 2033.
(d) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(e) Notwithstanding Section 10231.5 of the Government Code, this section is repealed on January 1, 2034.

SEC. 3.

 Section 7026.1 of the Business and Professions Code is amended to read:

7026.1.
 (a) The term “contractor” includes all of the following:
(1) Any person not exempt under Section 7053 who maintains or services air-conditioning, heating, or refrigeration equipment that is a fixed part of the structure to which it is attached.
(2) (A) Any person, consultant to an owner-builder, firm, association, organization, partnership, business trust, corporation, or company, who or which undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or part thereof.
(B) For purposes of this paragraph, a consultant is a person, other than a public agency or an owner of privately owned real property to be improved, who meets either of the following criteria as it relates to work performed pursuant to a home improvement contract as defined in Section 7151.2:
(i) Provides or oversees a bid for a construction project.
(ii) Arranges for and sets up work schedules for contractors and subcontractors and maintains oversight of a construction project.
(3) A temporary labor service agency that, as the employer, provides employees for the performance of work covered by this chapter. The provisions of this paragraph shall not apply if there is a properly licensed contractor who exercises supervision in accordance with Section 7068.1 and who is directly responsible for the final results of the work. Nothing in this paragraph shall require a qualifying individual, as provided in Section 7068, to be present during the supervision of work covered by this chapter. A contractor requesting the services of a temporary labor service agency shall provide his or her the contractor’s license number to that temporary labor service agency.
(4) Any person not otherwise exempt by this chapter, chapter who performs tree removal, tree pruning, stump removal, or engages in tree or limb cabling or guying. The term contractor does not include a person performing the activities of a nurseryperson who in the normal course of routine work performs incidental pruning of trees, or guying of planted trees and their limbs. The term contractor does not include a gardener who in the normal course of routine work performs incidental pruning of trees measuring less than 15 feet in height after planting.
(5) Any person engaged in the business of drilling, digging, boring, or otherwise constructing, deepening, repairing, reperforating, or abandoning any water well, cathodic protection well, or monitoring well.
(b) The term “contractor” or “consultant” does not include a common interest development manager, as defined in Section 11501, and a common interest development manager is not required to have a contractor’s license when performing management services, as defined in subdivision (d) of Section 11500.

SEC. 4.

 Section 7316 of the Business and Professions Code is amended to read:

7316.
 (a) The practice of barbering is all or any combination of the following practices:
(1) Shaving or trimming the beard or cutting the hair.
(2) Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances.
(3) Singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics.
(4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.
(5) Hairstyling of all textures of hair by standard methods that are current at the time of the hairstyling.
(b) The practice of cosmetology is all or any combination of the following practices:
(1) Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, shampooing, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, beautifying, or otherwise treating by any means, the hair of any person.
(2) Massaging, cleaning, or stimulating the scalp, face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(3) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(4) Removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, or preparations or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays.

(5)Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person.

(6)

(5) Massaging, cleansing, treating, or beautifying the hands or feet of any person.
(c) Within the practice of cosmetology there exist exists the specialty branches of skin care and nail care.
(1)Skin care branch of skin care, which is any one or more of the following practices:

(A)

(1) Giving facials, applying makeup, giving skin care, removing superfluous hair from the body of any person by the use of depilatories, tweezers or waxing, or applying eyelashes to any person.

(B)

(2) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

(C)

(3) Massaging, cleaning, or stimulating the face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

(2)Nail care is the practice of cutting, trimming, polishing, coloring, tinting, cleansing, manicuring, or pedicuring the nails of any person or massaging, cleansing, or beautifying from the elbow to the fingertips or the knee to the toes of any person.

(d) The practice of barbering and the practice of cosmetology do not include any of the following:
(1) The mere sale, fitting, or styling of wigs or hairpieces.
(2) Natural hair braiding. Natural hair braiding is a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, provided that the service does not include haircutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.
(3) Threading. Threading is a technique that results in removing hair by twisting thread around unwanted hair and pulling it from the skin and the incidental trimming of eyebrow hair.
(e) Notwithstanding paragraph (2) of subdivision (d), a person who engages in natural hairstyling, which is defined as the provision of natural hair braiding services together with any of the services or procedures defined within the regulated practices of barbering or cosmetology, is subject to regulation pursuant to this chapter and shall obtain and maintain a barbering or cosmetology license as applicable to the services respectively offered or performed.
(f) Electrolysis is the practice of removing hair from, or destroying hair on, the human body by the use of an electric needle only.
“Electrolysis” as used in this chapter includes electrolysis or thermolysis.

SEC. 5.

 Section 7326 of the Business and Professions Code is repealed.
7326.

The board shall admit to examination for a license as a manicurist to practice nail care, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows:

(a)Is not less than 17 years of age.

(b)Has completed the 10th grade in the public schools of this state or its equivalent.

(c)Is not subject to denial pursuant to Section 480.

(d)Has done any of the following:

(1)Completed a course in nail care from a school approved by the board.

(2)Practiced nail care, as defined in this chapter, outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in nail care from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1).

(3)Completed the apprenticeship program in nail care specified in Article 4 (commencing with Section 7332).

SEC. 6.

 Section 7332 of the Business and Professions Code is amended to read:

7332.
 (a) An apprentice is any person who is licensed by the board to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology, in a licensed establishment under the supervision of a licensee approved by the board.
(b) For purposes of this section, “under the supervision of a licensee” means that the apprentice shall be supervised at all times by a licensee approved by the board while performing services in a licensed establishment. At no time shall an apprentice be the only individual working in the establishment. An apprentice that is not being supervised by a licensee, licensee that has been approved by the board to supervise an apprentice, apprentice shall be deemed to be practicing unlicensed under this chapter.

SEC. 7.

 Section 7334 of the Business and Professions Code is amended to read:

7334.
 (a) The board may license as an apprentice in barbering, cosmetology, or skin care, or nail care any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows:
(1) Is over 16 years of age.
(2) Has completed the 10th grade in the public schools of this state or its equivalent.
(3) Is not subject to denial pursuant to Section 480.
(4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board.
(b) The board may license as an apprentice in electrolysis any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows:
(1) Is not less than 17 years of age.
(2) Has completed the 12th grade or an accredited senior high school course of study in schools of this state or its equivalent.
(3) Is not subject to denial pursuant to Section 480.
(4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board.
(c) All persons making application as an apprentice in barbering shall also complete a minimum of 39 hours of preapprentice training in a facility approved by the board prior to serving the general public.
(d) All persons making application as an apprentice in cosmetology, skin care, nail care, or electrology shall also complete minimum preapprentice training for the length of time established by the board in a facility approved by the board prior to serving the general public.
(e) Apprentices may only perform services on the general public for which they have received technical training.
(f) Apprentices shall be required to obtain at least the minimum hours of technical instruction and minimum number of practical operations for each subject as specified in board regulations for courses taught in schools approved by the board, in accordance with Sections 3074 and 3078 of the Labor Code.

SEC. 8.

 Section 7337.5 of the Business and Professions Code is amended to read:

7337.5.
 (a) The board shall adopt regulations providing for the submittal of applications for admission to examination of students of approved cosmetology, electrology, or barbering schools who have completed at least 75 percent of the required course clock hours and curriculum requirements (60 percent for students of the manicurist course), or any person licensed as an apprentice in barbering, cosmetology, or skin care, or nail care who has completed at least 75 percent of the required apprenticeship training hours. The regulations shall include provisions that ensure that all proof of qualifications of the applicant is received by the board before the applicant is examined.
(b) An application for examination submitted by a student of an approved cosmetology, electrology, or barbering school under this section shall be known as a “school preapplication” and an additional preapplication fee may be required.
(c) An application for examination submitted by a person licensed as an apprentice in barbering, cosmetology, or skin care, or nail care shall be known as an “apprenticeship preapplication” and an additional fee may be required.
(d) The board shall administer the licensing examination not later than 10 working days after graduation from an approved cosmetology, electrology, or barbering school to students who have submitted an application for admission for examination under the preapplication procedure, or not later than 10 working days after completion of an approved barbering, cosmetology, or skin care, or nail care apprenticeship program for a person licensed as an apprentice.

SEC. 9.

 Section 7365 of the Business and Professions Code is repealed.
7365.

A nail care course established by a school shall consist of not less than 350 hours of practical training and technical instruction in accordance with a curriculum established by board regulation.

SEC. 10.

 Section 7396 of the Business and Professions Code is amended to read:

7396.
 The form and content of a license issued by the board shall be determined in accordance with Section 164.
The license shall prominently state that the holder is licensed as a barber, cosmetologist, esthetician, manicurist, electrologist, or apprentice, and shall contain a photograph of the licensee.

SEC. 11.

 Section 7423 of the Business and Professions Code is amended to read:

7423.
 The amounts of the fees required by this chapter relating to licenses for individual practitioners are as follows:
(a) (1) Cosmetologist A cosmetologist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) A cosmetologist initial license fee shall not be more than fifty dollars ($50).
(b) (1) An esthetician application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) An esthetician initial license fee shall not be more than forty dollars ($40).

(c)(1)A manicurist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.

(2)A manicurist initial license fee shall not be more than thirty-five dollars ($35).

(d)

(c) (1) A barber application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) A barber initial license fee shall be not more than fifty dollars ($50).

(e)

(d) (1) An electrologist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) An electrologist initial license fee shall be not more than fifty dollars ($50).

(f)

(e) An apprentice application and license fee shall be not more than twenty-five dollars ($25).

(g)

(f) The license renewal fee for individual practitioner licenses that are subject to renewal shall be not more than fifty dollars ($50).

(h)

(g) Notwithstanding Section 163.5 the license renewal delinquency fee shall be 50 percent of the renewal fee in effect on the date of renewal.

(i)

(h) Any preapplication fee shall be established by the board in an amount sufficient to cover the costs of processing and administration of the preapplication.

SEC. 12.

 Section 19010.1 of the Business and Professions Code is repealed.
19010.1.

“Custom upholsterer” means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, re-covers, restores, or renews upholstered furniture, or who makes to order and specification of the user any article of upholstered furniture, using either new materials or owner’s materials.

SEC. 13.

 Section 19011 of the Business and Professions Code is amended to read:

19011.
 “Manufacturer” means a person who, either by himself or herself themselves or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstery or covering of any unit thereof, using either new or secondhand material. “Manufacturer” does not, however, include a “custom upholsterer,” as defined in Section 19010.1.

SEC. 14.

 Section 19017 of the Business and Professions Code is amended to read:

19017.
 “Owner’s material” means any article or material belonging to a person for his or her their own, or their tenant’s use, that is sent to any manufacturer, manufacturer or bedding renovator, or custom upholsterer to be repaired or renovated, renovator or used in repairing or renovating.

SEC. 15.

 Section 19051 of the Business and Professions Code is amended to read:

19051.
 Every upholstered-furniture retailer, unless he or she the person holds an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding dealer’s license, a custom upholsterer’s license, or a retail furniture and bedding dealer’s license license, shall hold a retail furniture dealer’s license.
(a) This section does not apply to a person whose sole business is designing and specifying for interior spaces, and who purchases specific amenable upholstered furniture items on behalf of a client, provided that the furniture is purchased from an appropriately licensed importer, wholesaler, or retailer. This section does not apply to a person who sells “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2.
(b) This section does not apply to a person who is licensed as a home medical device retail facility by the State Department of Health Services, provided that the furniture is purchased from an appropriately licensed importer, wholesaler, or retailer.

SEC. 16.

 Section 19052 of the Business and Professions Code is repealed.
19052.

Every custom upholsterer, unless he or she holds a furniture and bedding manufacturer’s license, shall hold a custom upholsterer’s license.

SEC. 17.

 Section 19059.5 of the Business and Professions Code is amended to read:

19059.5.
 Every sanitizer shall hold a sanitizer’s license unless he or she the person is licensed as a home medical device retail facility by the State Department of Health Services or as an upholstered furniture and bedding manufacturer, retail furniture and bedding dealer, or retail bedding dealer, or custom upholsterer. dealer.

SEC. 18.

 Section 19060.6 of the Business and Professions Code is amended to read:

19060.6.
 (a)Except as provided in subdivision (b), every Every person who, on his or her their own account, advertises, solicits solicits, or contracts to manufacture, repair or renovate manufacture upholstered furniture or bedding, and who either does the work himself or herself themselves or has others do it for him or her, it, shall obtain the particular license required by this chapter for the particular type of work that he or she the person solicits or advertises that he or she the person will do, regardless of whether he or she the person has a shop or factory.

(b)Every person who, on his or her own account, advertises, solicits or contracts to repair or renovate upholstered furniture and who does not do the work himself or herself nor have employees do it for him or her but does have the work done by a licensed custom upholsterer need not obtain a license as a custom upholsterer but shall obtain a license as a retail furniture dealer. However, nothing in this section shall exempt a retail furniture dealer from complying with Sections 19162 and 19163.

SEC. 19.

 Section 19170 of the Business and Professions Code is amended to read:

19170.
 (a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table:
Maximum
fee
Minimum
fee
Importer’s license ........................
$940
$120
Furniture and bedding manufacturer’s
license ........................
 940
 120
Wholesale furniture and bedding
dealer’s license ........................
 675
 120
Supply dealer’s license ........................
 675
 120

Custom upholsterer’s license

450

80

Sanitizer’s license ........................
 450
  80
Retail furniture and bedding dealer’s license ........................
 300
  40
Retail furniture dealer’s license ........................
 150
  20
Retail bedding dealer’s license ........................
 150
  20
(b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter.
(c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter.
(d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a).
(e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.

SEC. 20.

 Section 110371 of the Health and Safety Code is amended to read:

110371.
 (a) A professional cosmetic manufactured on or after July 1, 2020, for sale in this state shall have a label affixed on the container that satisfies all of the labeling requirements for any other cosmetic pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301, et seq.), and the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451, et seq.).
(b) The following definitions shall apply to this section:
(1) “Ingredient” has the same meaning as in Section 111791.5.
(2) “Professional” means a person that has been granted a license by the State Board of Barbering and Cosmetology to practice in the field of cosmetology, nail care, barbering, or esthetics.
(3) “Professional cosmetic” means a cosmetic product as it is defined in Section 109900 that is intended or marketed to be used only by a professional on account of a specific ingredient, increased concentration of an ingredient, or other quality that requires safe handling, or is otherwise used by a professional.