BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 1822
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1822 (Swanson)
          As Amended  August 20, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |59-14|(June 2, 2010)  |SENATE: |22-14|(August 30,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    B.,P. & C.P.   

           SUMMARY  :   Adds two additional members to the Massage Therapy  
          Organization's (MTO) board of directors, each one selected by  
          the California Police Chiefs Association and the California  
          State Sheriffs' Association, respectively, unless those entities  
          choose not to do so. 

           The Senate amendments  :  

           1)Delete the authorization for any city, county, or city and  
            county to require any person who administers massage to hold a  
            business license or massage establishment permit, or both.

          2)Prohibit more than two law enforcement professionals from  
            serving on the MTO board at any given time, as specified.

           EXISTING LAW  :

          1)Provides for the voluntary certification of massage  
            practitioners and massage therapists by a nonprofit MTO until  
            January 1, 2016.

          2)Prohibits a city, county, or city and county from enacting an  
            ordinance that requires a MTO certificate holder to obtain any  
            other license, permit, or other authorization to engage in the  
            practice of massage. 

          3)Authorizes a city, county, or city and county to adopt and  
            enforce any local ordinance governing zoning, business  
            licensing, and reasonable health and safety requirements for  
            massage establishments or businesses.

          4)Provides that the MTO is governed by a board of directors  








                                                                           
           AB 1822
                                                                  Page  2

            comprised as follows:

        a)   One member selected by a statewide association of private  
               postsecondary schools, as specified, except from those  
               qualifying associations that choose not to exercise this  
               right of selection;

        b)   One member selected by the League of California Cities,  
               unless that entity chooses not to exercise this right of  
               selection;

        c)   One member selected by the California State Association of  
               Counties, unless that entity chooses not to exercise this  
               right of selection; 

        d)   One member selected by the Director of Consumer Affairs,  
               unless that entity chooses not to exercise this right of  
               selection; and,

        e)   One member appointed by the California Community College  
               Chancellor's Office, unless that entity chooses not to  
               exercise this right of selection;

          5)Requires applicants for certification to be 18 years of age or  
            older, meet specified educational criteria, provide  
            fingerprints for submission by the MTO to the Department of  
            Justice for state and federal criminal background checks, and  
            pay required fees prior to certification.

           AS PASSED BY THE ASSEMBLY  , this bill authorized a city, county,  
          or city and county to require any person who administers massage  
          to hold a business license or massage establishment permit, as  
          specified, and added two additional members to the board of  
          directors of the MTO.
           
          FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal.

           COMMENTS  :  The Senate amendments to this bill delete the  
          authority of any city, county, or city and county to require any  
          person who administers massage to hold a business license or  
          massage establishment permit, or both.  This bill, as amended in  
          the Senate, is consistent with Assembly actions.

           








                                                                           
          AB 1822
                                                                  Page  3

          Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916)  
          319-3301 


          FN: 0006570