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