BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2427|
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                                 THIRD READING


          Bill No:  AB 2427
          Author:   Eng (D)
          Amended:  7/1/08 in Senate
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  4-0, 6/4/08
          AYES:  Cox, Harman, Kehoe, Machado
          NO VOTE RECORDED:  Negrete McLeod

           SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE  :  5-0, 6/23/08
          AYES:  Aanestad, Denham, Florez, Harman, Yee
          NO VOTE RECORDED:  Ridley-Thomas, Calderon, Corbett,  
            Simitian

           ASSEMBLY FLOOR  :  65-7, 4/21/08 - See last page for vote


           SUBJECT  :    Professions and vocations

           SOURCE  :     California Veterinary Medicine Association 


           DIGEST  :    This bill restricts a city or county from  
          prohibiting a person, or group of persons, authorized by  
          one of the agencies in the Department of Consumer Affairs  
          by a license, certificate, or other such means to engage in  
          a particular business, from engaging in any act or series  
          of acts that falls within the statutory of regulatory  
          definition of that business, occupation, or profession.   
          This bill does not void local ordinances in effect prior to  
          January 1, 2009.

                                                           CONTINUED





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           ANALYSIS  :    The California Department of Consumer Affairs  
          (DCA) issues statewide licenses in more than 100 business  
          and 200 professional categories, including:  architects,  
          automotive repair facilities, contractors, cosmetologists,  
          doctors, dentists, engineers, and veterinarians.   
          Semi-autonomous boards, bureaus, commissions, and other  
          regulatory entities, whose members are appointed by the  
          Governor and the Legislature and which are administered by  
          the DCA, establish minimum statewide qualifications and  
          levels of competency for licensure and enforce occupational  
          standards of practice.

          Counties or cities may not prohibit a person authorized by  
          an agency of the DCA to engage in a particular business,  
          from engaging in that business, occupation, or profession,  
          or any portion thereof (AB 2310 [Shoemaker], of 1967).

          A 2007 appellate curt decision in  California Veterinary  
          Medical Association (CVMA) v. City of West Hollywood  found  
          that state law does not preempt or otherwise prohibit a  
          City of West Hollywood ordinance which, to prevent animal  
          cruelty, imposed a ban on the performance of declawing  
          procedures on any animal within the city.  The court found  
          that the language enacted by the 1967 Shoemaker bill only  
          prohibits a local agency fro imposing additional licensing  
          requirements or qualifications on a state licensed  
          profession.  The court also found that, in the California  
          Veterinary Medical Practice Act, the Legislature has  
          neither explicitly nor implicitly preempted local  
          regulations by occupying the field of regulating the  
          practice of veterinary medicine.  As a result, the court  
          decided that West Hollywood's declawing ordinance was  
          permissible as an incidental restriction on the manner in  
          which veterinary medicine is practiced.

          This bill restricts a city or county from prohibiting a  
          person, or group of persons, authorized by one of the  
          agencies in the Department of Consumer Affairs by a  
          license, certificate, or other such means to engage in a  
          particular business, from engaging in any act or series of  
          acts that falls within the statutory of regulatory  
          definition of that business, occupation, or profession.   
          This bill does not prohibit the enforcement of a local  
          ordinance effective prior to January 1, 2009.







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           Comments
           
          Last year's  California Veterinary Medical Association  
          (CVMA) v. West Hollywood  decision disrupted a balance  
          between local regulatory power and the state power to  
          license businesses and professions that had been maintained  
          for nearly 40 years.  Veterinarians and other  
          state-licensed professionals think that the court's  
          decision could allow cities and counties to ban a variety  
          of medical practices, including elective cosmetic surgery,  
          the use of mercury in dental fillings, and some fertility  
          procedures.  That result undermines the fundamental purpose  
          of statewide licensing by substituting the judgment of  
          local elected officials for that of state regulators.   
          DCA's appointed regulatory bodies possess the necessary  
          expertise to regulate the uniform statewide conduct of the  
          professions.  Granting such wide latitude to cities and  
          counties could result in a patchwork of conflicting local  
          standards for hundreds of different professions, confusing  
          both licensees and consumers.  This bill restores the  
          equilibrium between the state's power to establish and  
          enforce uniform occupational standards and local  
          governments' power to enforce regulations protecting the  
          public health, safety, morals, and general welfare.

           Related legislation

           AB 395 (Koretz), 2003, would have prohibited licensed  
          veterinarians from performing or arranging surgical  
          declawing, onychectomies and tendonectomies on any domestic  
          or exotic cat.  This bill was held in the Assembly Business  
          and Professions Committee.

          AB 1857 (Koretz) Chapter 876, Statutes of 2004, makes it a  
          misdemeanor punishable by imprisonment in a county jail for  
          a period not to exceed one year, by a fine of $10,000, or  
          by both, to declaw any cat that is a member of an exotic or  
          native wild cat species, as defined.

          SB 1548 (Figueroa) Chapter 467, Statutes of 2004, initially  
          included language which would have made it a misdemeanor  
          for any person to crop ears of any dog, or to procure the  
          cropping of a dog's ears within the state of California,  







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          except for the treatment of disease or injury of the dog,  
          as defined.  Defined ear cropping as the surgical  
          alteration of the pinna that is performed for the purpose  
          of manipulating the ears of any dog for cosmetic procedures  
          so the ears heal pointed.  This language was removed from  
          the bill in Assembly Appropriations because of major  
          opposition from breeders.   However, the CVMA was in  
          support of this language.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :    (7/8/08)

          California Veterinary Medicine Association (source)
          American Federation of State, County, and Municipal  
          Employees
          American Nurses Association/California
          American Society of Landscape Architects 
          California Association of Marriage and Family Therapists
          California Dental Association
          California Hospital Association
          California Land Surveyors Association
          California Optometric Association
          Veterinary Medical Board
           
          OPPOSITION  :    (7/8/08)

          Action for Animals
          Animal Legal Defense Fund
          Animal Protection Institute
          Animal Switchboard
          Association of Veterinarians for Animal Rights
          Born Free USA united with Animal Protection Institute 
          California Animal Association
          California Contract Cities Association
          California Federation for Animal Legislation
          California Municipal Revenue & Tax Association
          California State Association of Counties 
          City of Santa Monica
          City of West Hollywood
          Give A Dog A Home
          League of California Cities
          Mayor Antonio R. Villaraigosa, City of Los Angeles







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          People for the Ethical Treatment of Animals
          San Diego Animal Advocates
          State Humane Association of California
          The City of West Hollywood
          The Human Society Veterinary Medical Association
          The Humane Society of the United States
          The League of Humane Voters
          The Paw Project
          United Animal Nations

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Aghazarian, Anderson, Bass, Beall, Benoit,  
            Berg, Blakeslee, Caballero, Charles Calderon, Carter,  
            Cook, Coto, De La Torre, De Leon, DeSaulnier, DeVore,  
            Duvall, Emmerson, Eng, Evans, Fuentes, Fuller, Furutani,  
            Gaines, Galgiani, Garcia, Garrick, Hayashi, Hernandez,  
            Horton, Houston, Huff, Huffman, Jeffries, Jones,  
            Karnette, Keene, La Malfa, Lieber, Lieu, Ma, Maze,  
            Mendoza, Mullin, Nakanishi, Niello, Parra, Plescia,  
            Portantino, Price, Sharon Runner, Salas, Silva, Smyth,  
            Solorio, Spitzer, Strickland, Swanson, Torrico, Tran,  
            Villines, Walters, Wolk, Nunez
          NOES:  Feuer, Hancock, Laird, Leno, Levine, Nava, Ruskin
          NO VOTE RECORDED:  Arambula, Berryhill, Brownley, Davis,  
            Dymally, Krekorian, Saldana, Soto


          AGB:do  7/8/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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