BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1822
                                                                  Page  1

          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
                                                                 Page  2

          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