Bill Text

PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/20/2019 09:00 PM
AB193:v97#DOCUMENT

Amended  IN  Assembly  March 20, 2019
Amended  IN  Assembly  March 05, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 193


Introduced by Assembly Member Patterson
(Coauthors: Assembly Members Choi, Gallagher, Lackey, Melendez, and Voepel)
(Coauthors: Senators Bates, Morrell, and Nielsen)

January 10, 2019


An act to amend Sections 7316, 19011, 19017, 19051, 19059.5, 19060.6, and 19170 of, to add and repeal Section 101.5 of, and to repeal Sections 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 amended, 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 licensing requirements for each profession regulated by a board within the department and identify unnecessary licensing requirements, as defined by the bill. The bill, beginning February 1, 2021, and every 2 years thereafter, would require each board within the department to submit to the department an assessment on the board’s progress in implementing policies to facilitate licensure portability for active duty service members, veterans, and military spouses that includes specified information. The bill would require the department to report to the Legislature on January March 1, 2023, and every 2 years thereafter, on the department’s progress, progress in conducting its review, and would require the department to issue a final report to the Legislature no later than January March 1, 2033. The bill would require the biennial reports to the Legislature to include the assessment information submitted by each board to the department, to identify the professions reviewed, reviewed by the department, each unnecessary licensing requirement, and the department’s recommendations to the Legislature on whether to keep, modify, or eliminate the unnecessary licensing requirement. 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, 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.
This bill would delete shampooing another person from the practice of barbering and cosmetology, and would delete the act of applying makeup on another person from the specialty practice of skin care. The bill would require a person who does not hold a barbering or cosmetology license to disclose that fact before the unlicensed person applies makeup to or shampoos the hair of another person.
(3) 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.

(4)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 licensing requirements for each profession and shall identify unnecessary licensing requirements. The department shall conduct the review whether or not the state receives federal funds pursuant to subdivision (a).
(c) (1) Beginning on February 1, 2021, and every two years thereafter, each board identified in Section 101 shall submit to the department an assessment on the board’s progress in implementing policies to facilitate licensure portability for active duty service members, veterans, and military spouses. The assessment shall include the following information:
(A) The number of active duty service members, veterans, and military spouses who applied for licensure for each of the previous two calendar years.
(B) The board’s process for expediting applications for active duty service members, veterans, and military spouses, the average processing time for an expedited application, and the number of expedited application requests received in each of the previous two calendar years.
(C) The number of applications for waived renewal fees submitted by active duty service members in each of the previous two calendar years.
(D) If the board issues temporary licenses pursuant to Section 115.6, the duration of, and requirements for obtaining, the temporary license.
(E) Whether an applicant may apply, and the requirements, for licensure by endorsement.
(F) A list of the states with which the board maintains reciprocity agreements, if any.
(2) The department shall submit the information received pursuant to paragraph (1) as part of the report required to be submitted to the Legislature pursuant to subdivision (d).

(c)

(d) The department shall report to the Legislature on January March 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 March 1, 2033. Each biennial report shall be organized by board and shall include all of the following:
(1) The professions reviewed by the department in the preceding two years.
(2) Unnecessary licensing requirements identified by the department for each profession reviewed.
(3) For each unnecessary licensing requirement, the department’s recommendation to the Legislature to keep, modify, or eliminate the unnecessary licensing requirement.
(4) For each unnecessary licensing requirement that the department recommends to keep, facts supporting the department’s recommendation.
(5) The information submitted to the department pursuant to paragraph (2) of subdivision (c).

(d)

(e) The department may use national licensing standards, where applicable, as a baseline for evaluating the necessity of licensing requirements.

(e)

(f) For purposes of this section, the following definitions apply:
(1) “Military spouse” means a person who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders.

(1)

(2) “Profession” means a profession or vocation regulated by a board identified in Section 101.

(2)

(3) “Unnecessary licensing requirement” means a licensing requirement that does not satisfy either of the following criteria:
(A) Protects the health and safety of the public or a licensee.
(B) Satisfies a national licensing or certification requirement.

(f)

(g) A report to be submitted pursuant to subdivision (c) (d) shall be submitted in compliance with Section 9795 of the Government Code.

(g)

(h) Notwithstanding Section 10231.5 of the Government Code, this section is repealed on January 1, 2034.

SEC. 3.

 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, 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, 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 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) Massaging, cleansing, treating, or beautifying the hands or feet of any person.
(c) Within the practice of cosmetology there exist the specialty branches of skin care and nail care.
(1) Skin care is any one or more of the following practices:
(A) Giving facials, giving skin care, removing superfluous hair from the body of any person by the use of depilatories, tweezers tweezers, or waxing, or applying eyelashes to any person.
(B) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(C) 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.
(4) Shampooing hair. However, before a person who does not hold a barbering or cosmetology license shampoos the hair of another person, the unlicensed person shall disclose verbally or in writing to the other person that they do not hold a barbering or cosmetology license.
(5) Applying makeup. However, before a person who does not hold a barbering or cosmetology license applies makeup to another person, the unlicensed person shall disclose verbally or in writing to the other person that they do not hold a barbering or cosmetology license.
(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. 4.

 Section 19010.1 of the Business and Professions Code is repealed.

SEC. 5.

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

19011.
 “Manufacturer” means a person who, either by themselves or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, using either new or secondhand material.

SEC. 6.

 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 their own, or their tenant’s use, that is sent to any manufacturer or bedding renovator or used in repairing or renovating.

SEC. 7.

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

19051.
 Every upholstered-furniture retailer, unless the person holds an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding dealer’s license, or a retail furniture and bedding dealer’s 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. 8.

 Section 19052 of the Business and Professions Code is repealed.

SEC. 9.

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

19059.5.
 Every sanitizer shall hold a sanitizer’s license unless 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.

SEC. 10.

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

19060.6.
 Every person who, on their own account, advertises, solicits, or contracts to manufacture upholstered furniture or bedding, and who either does the work themselves or has others do it, shall obtain the particular license required by this chapter for the particular type of work that the person solicits or advertises that the person will do, regardless of whether the person has a shop or factory.

SEC. 11.

 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
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 as an upholstered furniture and bedding manufacturer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.

SEC. 12.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, 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.