BILL ANALYSIS
AB 1822
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Date of Hearing: May 19, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1822 (Swanson) - As Amended: April 13, 2010
Policy Committee: Business &
Professions Vote: 8-3
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill modifies and expands oversight of massage therapists
recently enacted in SB 731, Chapter 384, Statutes of 2008. SB
731 established the voluntary certification of massage
therapists via a non-profit organization, the California Massage
Therapy Council until 2016. Specifically, this bill:
1)Authorizes cities and counties to adopt an option to conduct
more in-depth criminal background checks of applicants for
massage therapy certification
2)Modifies current law provisions regarding local law
enforcement establishment ordinances in order to provide local
law enforcement authority to regulate local businesses.
3)Adds two members to the California Massage Board: one from the
California State Sheriffs' Association and one from the
California Police Chiefs' Association.
FISCAL EFFECT
Ongoing workload of $300,000 to $500,000 to the California
Department of Justice (DOJ) to support local efforts to broaden
and deepen background checks. This estimate assumes a majority
of applicants are in jurisdictions opting into the oversight
expansion established by this bill. These costs should be
covered by applicant fees, though DOJ has raised a concern that
existing fee authority may be insufficient.
COMMENTS
AB 1822
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1) Rationale . This bill is sponsored by the California
Police Chiefs Association and supported by a variety of law
enforcement groups. SB 731 established the California Massage
Therapy Council (CMTC), a nonprofit to administer the
voluntary certification of massage professionals, effective
September 2009. According to the author and sponsor, these
recently established certification processes have failed to
provide in-depth reviews to identify criminal activities
associated with some massage-related businesses. For example
and according to the author, half of the applicants for
certification from a Bay Area county had prior arrests for
prostitution. This bill shifts, at local option, review of
massage certification applicant backgrounds to law
enforcement.
2) Concerns . Several massage professional and civil rights
groups oppose this bill, including the American Massage
Therapy Association, the California Massage Therapy Council,
the American Civil Liberties Union (ACLU), and the National
Employment Law Project. Opponents indicate the current
processes established in SB 731 have been in place for less
than a year and current law reflects several years of
stakeholder work. The opponents indicate the current law
process allows for a rigorous review of applicants.
Opponents are uniformly concerned about the rhetoric of the
supporters of this bill regarding human trafficking.
Opponents indicate none of the grassroots engaged in fighting
human trafficking are in support of this bill. In addition,
opponents are concerned that the shift of oversight to law
enforcement presumes criminality and authorizes unprecedented
additional investigation into local arrest records.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081