BILL NUMBER: SB 969 AMENDED BILL TEXT AMENDED IN SENATE APRIL 9, 2012 INTRODUCED BY Senator Vargas JANUARY 17, 2012 An act to add Article 7 (commencing with Section 4918) to Chapter 11 of Division 2 of the Business and Professions Code, relating to pet grooming. LEGISLATIVE COUNSEL'S DIGEST SB 969, as amended, Vargas. Pet groomers. Existing law provides for the licensure and regulation of veterinarians and registered veterinary technicians by the Veterinary Medical Board. This bill would create the California Pet Grooming Council and would require any person engaged in pet grooming to be
licensedcertified and regulated by the Veterinary Medical Boardcouncil . The bill would establish the requirements necessary to obtain a licensecertificate as a pet groomer or a pet bather and brusher and set forth the duties and obligations of a licensee as acertified pet groomer or a pet bather and brusher , as specified. The bill would set forth the duties of the boardcouncil with regard to the regulation of pet groomers and pet bathers and brushers and require the board to adopt a fee schedule that would apply to licenseescertificate holders and pet grooming schools. The bill would set forth standards for discipline and authorize the boardcouncil to impose administrative penalties for a violation of these provisions. The bill would provide that a violation of these provisions is a crime, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 7 (commencing with Section 4918) is added to Chapter 11 of Division 2 of the Business and Professions Code, to read: Article 7. Pet Groomers 4918. The following definitions shall apply for purposes of this article: (a) "Board""Council" means the Veterinary Medical BoardCalifornia Pet Grooming Council . (b) "Pet" means any animal placed in the care of a pet groomer for grooming or styling. (c) "Pet groomer" means an individual, licensed as a pet groomer, who bathes, brushes, clips, or styles a pet for compensation. (d) "Pet grooming" means the act of bathing, brushing, clipping, or styling a pet. (e) "Pet grooming facility" means a commercial establishment where a pet may be bathed, brushed, clipped, or styled. 4918.1. (a) The California Pet Grooming Council shall be created and shall have the responsibilities and duties set forth in this article. The council may take any reasonable actions to carry out the responsibilities and duties set forth in this article, including, but not limited to, hiring staff and entering into contracts. (b) (1) The council shall be composed of the following members: (A) Two members from Society for the Prevention of Cruelty to Animals (SPCA) associations, one from northern California, and one from southern California, unless that entity chooses not to exercise this right of selection. (B) One member selected by each state or nationwide pet specialty retailer that provides pet grooming services, with gross annual sales exceeding one hundred fifty million dollars ($150,000,000), unless the entity chooses not to exercise this right of selection. (C) One member selected by the State Humane Association of California, unless that entity chooses not to exercise this right of selection. (D) One member selected by the Director of Consumer Affairs, unless he or she chooses not to exercise this right of selection. (E) One member selected by the Veterinary Medical Board, unless that entity chooses not to exercise this right of selection. (F) One member selected by the California Animal Control Directors Association, unless that entity chooses not to exercise this right of selection. (G) One member selected by the National Dog Groomers Association of America, Inc., unless that entity chooses not to exercise this right of selection. (H) Two members selected by the State Bar of California, who have animal law experience and who have been nominated by a fellow animal law attorney, unless that entity chooses not to exercise the right of selection. (2) The council's bylaws shall establish a process for appointing other professional members as determined by the council. (3) The initial members of the council shall establish the council, initiate the request for tax-exempt status from the Internal Revenue Service, and solicit input from the pet grooming community concerning the operations of the council. The initial members of the council, in their discretion, may immediately undertake to issue the certificates authorized by this article after adopting the necessary bylaws or other rules, or may establish by adoption of bylaws the permanent governing structure prior to issuing certificates. (c) The council shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees shall be established by the council annually. (d) The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). 4918.2. (a) The council shall issue a certificate under this article to an applicant who satisfies the requirements of this article. (b) In order to obtain certification as a pet groomer, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements: (1) The applicant is 18 years of age or older. (2) The applicant has successfully completed, at an approved school, a curriculum in pet grooming and related subjects, totaling a minimum of 300 hours, that incorporates appropriate school assessment of student knowledge and skills and that provides a minimum of 1,000 hours of hands-on experience in pet grooming; or has a minimum of 1,000 hours of hands-on experience in pet grooming and successfully passes a pet grooming certification test established by the council. (3) All fees required by the council have been paid. (c) The council shall issue a certificate to an applicant who meets the qualifications of this article and who holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this article. The council shall have discretion to give credit for comparable academic work completed by an applicant in a program outside of California. (d) An applicant applying for a pet bather and brusher certificate shall file with the council a written application provided by the council, showing to the satisfaction of the council that he or she meets both of the following requirements: (1) The applicant is 18 years of age or older. (2) Any of the following: (A) The applicant has successfully completed, at an approved school, curriculum in pet grooming and related subjects, totaling a minimum of 300 hours, that incorporates appropriate school assessment of student knowledge and skills. (B) The applicant has a minimum of 300 hours of training under the supervision of a certified pet groomer. (C) The applicant has successfully completed a pet grooming certification test established by the council. (e) Prior to the issuance of a certificate by the council, every applicant shall provide proof that he or she is insured against negligent acts associated with his or her activity as a pet groomer. (f) Any certification issued under this article shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a license. 4918.3. (a) The council may discipline a certificate holder by any, or a combination, of the following methods: (1) Placing the certificate holder on probation. (2) Suspending the certificate and the rights conferred by this article on a certificate holder for a period not to exceed one year. (3) Revoking the certificate. (4) Suspending or staying the disciplinary order, or portions of it, with or without conditions. (5) Taking other action as the council, as authorized by this article or its bylaws, deems proper. (b) The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant. (c) (1) Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 597 of the Penal Code or any requirement of Section 4918.12, the council shall take all of the following actions: (A) Immediately suspend, on an interim basis, the certificate of that certificate holder. (B) Notify the certificate holder within 10 days at the address last filed with the council that the certificate has been suspended, and the reason for the suspension. (C) Notify any business within 10 days that the council has in its records as employing the certificate holder that the certificate has been suspended. (2) Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the suspended certificate shall become subject to permanent revocation. The council shall provide notice to the certificate holder within 10 days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days that the conviction is either invalid or that the information is otherwise erroneous. (3) Upon notice that the charges have resulted in an acquittal, or have otherwise been dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any business that received notice pursuant to subparagraph (C) of paragraph (1) shall be notified of the reinstatement within 10 days. 4918.4. (a) Upon the request of any law enforcement agency, the council shall provide information concerning a certificate holder, including, but not limited to, the current status of the certificate, any history of disciplinary actions taken against the certificate holder, the home and work addresses of the certificate holder, and any other information in the council's possession that is necessary to verify facts relevant to an investigation being conducted by a law enforcement agency. (b) The council shall accept information provided by any law enforcement agency or any other representative of a local government agency. The council shall have the responsibility to review any information received and to take any actions authorized by this article that are warranted by that information. 4918.5. It is a violation of this article for a certificate holder to commit, and the council may deny an application for a certificate or discipline a certificate holder for committing, any of the following: (a) Unprofessional conduct, including, but not limited to, denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a certificate holder by another state or territory of the United States, by any other government agency, or by another professional licensing board established under this division. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions. (b) Procuring a certificate by fraud, misrepresentation, or mistake. (c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this article or any rule or bylaw adopted by the council. (d) Conviction of any felony, or conviction of a misdemeanor that is substantially related to Section 597 of the Penal Code, in which event the record of the conviction shall be conclusive evidence of the crime. (e) Impersonating an applicant or acting as a proxy for an applicant in any examination referred to under this article for the issuance of a certificate. (f) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder. 4918.6. (a) No certificate holder or certificate applicant may be disciplined or denied a certificate pursuant to Section 4918.5 except according to procedures satisfying the requirements of this section. A denial or discipline not in accord with this section or subdivision (c) of Section 4918.3 shall be void and without effect. (b) Any denial of a certificate to an applicant or any discipline imposed on a certificate holder shall be done in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (c) is fair and reasonable, but a court may also find other procedures to be fair and reasonable when the full circumstances of the certificate denial or certificate holder discipline are considered. (c) A procedure is fair and reasonable when the procedures in subdivision (c) of Section 4918.3 are followed, or if all of the following apply: (1) The procedure has been set forth in the articles or bylaws, or copies of the procedure are sent annually to all the members as required by the articles or bylaws. (2) The procedure provides for the giving of 15 days' prior notice of the denial or discipline and the reasons therefor. (3) The procedure provides an opportunity for the certificate applicant or certificate holder to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline by a person or body authorized to decide that the proposed denial or discipline not take place. (d) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or certified mail sent to the last address of the certificate applicant or certificate holder shown on the council's records. (e) Any action challenging a certificate denial or certificate holder discipline, including any claim alleging defective notice, shall be commenced within one year after the date of the certificate denial or certificate holder discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances. (f) This section governs only the procedures for certificate denial or certificate holder discipline and not the substantive grounds therefor. A certificate denial or certificate holder discipline based upon substantive grounds that violates contractual or other rights of the member or is otherwise unlawful is not made valid by compliance with this section. (g) The council shall be sued only in the venue of its principal office. 4918.7. It shall be the responsibility of any certificate holder to notify the council of his or her home address, as well as the address of any business establishment where he or she regularly works as a pet groomer or pet bather and brusher, whether as an employee or as an independent contractor. A certificate holder shall notify the council within 30 days of changing either his or her home address or the address of the business establishment where he or she regularly works as a pet groomer or pet bather and brusher. 4918.8. A certificate holder shall include the name under which he or she is certified and his or her certificate number in any and all advertising and shall display his or her certificate at his or her place of business. 4918.9. (a) Notwithstanding Section 4918.2, the council may grant a pet groomer or a pet bather and brusher certificate to any person who applies on or before January 1, 2013, with one of the following: (1) A current valid pet grooming permit or license from a California city, county, or city and county and documentation evidencing that the person has provided at least 500 hours of pet grooming services to members of the public for compensation. (2) Documentation evidencing that the person has completed at least a 100-hour pet grooming curriculum and has provided at least 500 hours of pet grooming services to members of the public for compensation. For purposes of this subdivision, evidence of practice shall include either of the following: (A) A W-2 form or employer's affidavit containing the dates of the applicant's employment. (B) Tax returns indicating self-employment as a pet groomer, pet bather and brusher, or any other title that may demonstrate experience in the field of pet grooming. (b) After reviewing the information submitted under subdivision (a), the council may require additional information necessary to enable it to determine whether to issue a certificate. (c) (1) A person applying for a pet groomer certificate on or before January 1, 2013, who meets the educational requirements of paragraph (2) of subdivision (a), but who has not completed the required number of practice hours prior to submitting an application pursuant to this section, may apply for a conditional certificate. (2) An applicant for a conditional certificate shall, within five years of being issued the conditional certificate, be required to complete at least 30 hours of additional education per year from schools or courses described in paragraph (5) until he or she has completed a total of at least 300 hours of education, which may include hours previously completed in a pet grooming curriculum described in paragraph (2) of subdivision (a). (3) Upon successful completion of the requirements of this subdivision, the council shall issue a certificate to the person that is not conditional. (4) A conditional certificate issued to any person pursuant to this subdivision shall immediately be nullified, without need for further action by the council, if the time period specified in paragraph (2) expires without proof of completion of the requirements having been filed with the council. (5) Any additional education required by this section may be completed through any of the following: (A) An approved curriculum. (B) A provider approved by, or registered with, the council or the Department of Consumer Affairs. (C) A provider that establishes to the satisfaction of the council that its curriculum is an appropriate educational program for this purpose. (d) Nothing in this section shall preclude the council from exercising any power or authority conferred by this article with respect to a conditional certificate holder. 4918.3.4918.10. Except as provided in this article, it is unlawful for any person to engage in pet grooming for compensation without a valid, unexpired licensecertificate issued by the boardcouncil . A person is eligible for a license as a pet groomer if he or she meets the eligibility requirements set forth in this article, passes the examination specified in Section 4919.7, and applies for licensure and pays the fee prescribed by the board pursuant to Section 4920.3.4918.11. It is an unfair business practice for any person to state or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that he or she is certified, registered, or licensed by a governmental agency as a pet groomer or pet bather and brusher without meeting the requirements of this article. 4918.5.4918.12. (a) The primary concern of every licenseecertified pet groomer or pet bather and brusher shall be the safety and well-being of the pets in theirhis or her care. (b) A licenseecertificate holder shall comply with all of the following requirements: (1) Pets not in the grooming process shall be kept in a structurally sound and clean cage. Each enclosure shall be in good repair and large enough to allow each pet to make normal postural adjustments, including sitting, standing, and turning around. Each pet shall be caged separately , except that pets from the same household may be caged together with the owner's consent . (2) Outdoor facilities shall not be utilized in inclement weather and indoor facilities shall be maintained at a healthy temperature. (3) There shall be sufficient lighting to facilitate the cleaning of pets and facilities. (4) The pet grooming facility of the licensee shall maintain sanitary conditions at all times. (5) There shall be an adequate water supply available for drinking. (6) Pets shall not be left unattended while at a pet grooming facility. (7) A drying cage shall never be used.shall mee t all of the following conditions: (A) Contain no-heat air dryers. (B) Be kept clean and sanitary. (C) Be large enough to comfortably contain the pet. (c) Every licenseecertificate holder shall display a copy of his or her pet groomer's licensecertificate and the telephone number of the boardcouncil where the owner of the pet may make complaints regarding the services received from the licenseecertificate holder . (d) Every licenseecertificate holder shall maintain insurance against negligent acts associated with his or her activity as a pet groomer. (e) Every licenseecertificate holder shall keep a record for each pet receiving grooming services, which shall include all of the following: (1) The first and last name of the owner of the pet. (2) The address and telephone number of the owner of the pet. (3) The name of the pet. (4) The name of the veterinarian of the pet. (5) Any allergies or special needs the pet may have, as reported by the owner of the pet. (5)(6) The date or dates that the pet received grooming services. (6)(7) The services that were performed, including a list of any chemicals used while performing the services and any medical conditions discovered during the performance of services. (7)(8) When the pet receiving services is a dog, proof that the dog has received vaccinations against parvo, distemper, bordatella, and rabies. When the pet receiving services is a cat, proof that the cat has received a vaccination against rabies. (f) Records for each pet shall be maintained for two years and shall be available for inspection by the boardcouncil or the board'scouncil's authorized agents during regular business hours. 4918.7.4918.13. The boardcouncil shall approve all schools or institutions offering a curriculum for training pet groomers. Application forms for schools requesting approval shall be furnished by the boardcouncil . Approval by the boardcouncil shall be for a two-year period. Reapplication for approval by the boardcouncil shall be made at the end of the two-year period. 4919. (a) Students engaged in performing grooming services while enrolled in a school approved by the boardcouncil shall not be required to be licensedcertified under this article if they perform those services under appropriate supervision at the approved school in which they are enrolled. (b) Individuals engaged in performing grooming services while not enrolled in a school approved by the boardcouncil shall not be required to be licensedcertified under this article if they perform those services under the direct supervision of a licensedcertified pet groomer and while in training for the pet groomer's licensingexamination. 4919.3. The board shall admit to examination for a license as a pet groomer any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 18 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480.4919.5. (a) Every application for admission to examination and licensurecertification shall be in writing, on forms prepared and furnished by the boardcouncil . (b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensurecertification . It shall be verified by the oath of the applicant. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver's license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity. 4919.7. (a) The examination of applicants for a licensecertification shall include both a practical demonstration and a written test and shall embrace the subjects typically taught in a program approved by the boardcouncil . (b) The examination shall not be confined to any particular system or method. It shall be consistent in both practical and technical requirements, and of sufficient thoroughness to satisfy the board as to the applicant's skill in, and knowledge of, the practice of the occupation for which a licensecertificate is sought. (c) The scope of examinations shall be consistent with the definition of the activities licensed under this chapterarticle , and shall be as the boardcouncil , by regulation, may require to protect the health and safety of consumers of the services provided by licenseescertificate holders . (d) The board'scouncil's examinations shall be limited to job-related questions, activities, and practical services. The examinations may include other demonstrations and tests as the boardcouncil , in its discretion, may require. 4920. All examinations shall be prepared by or under the direction of the boardcouncil . The boardcouncil shall establish standards and procedures governing administration and grading and shall exercise supervision as may be necessary to ensure compliance therewith. 4920.3. (a) Licenses shall be issued by the board to any applicant who satisfactorily passes an examination, who possesses the other qualifications required by law, and who has remitted the license fee required by this article. The license shall entitle the holder to engage in the practice of pet grooming. The license shall be issued by the board on the same day that the applicant satisfactorily passes the examination. (b) Prior to issuance of a license by the board, every applicant shall provide proof that the applicant is insured against negligent acts associated with their activity as a pet groomer.4920.5. Any person who fails the pet groomer's licensingcertification examination may be eligible to retake the examination upon compliance with the provisions of this article. 4920.7. The boardcouncil may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations. 4921. The form and content of a licensecertificate issued by the boardcouncil shall be determined by the boardcouncil . 4921.3. The boardcouncil shall create a record of those licensedcertified pursuant to this article. The record shall include a licensee'scertificate holder's first and last name, license number, and a record of any disciplinary action taken against the licensee, including the suspension or revocation of the licensee'scertificate holder's pet grooming licensecertification . 4921.5. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny at any time any license required by this article on any of the grounds for disciplinary action provided in this section. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (b) The grounds for disciplinary action are as follows: (1) Conviction of any crime substantially related to the qualifications, functions, or duties of the license holder, including, but not limited to, any provision of law relating to the humane treatment of animals, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof. (2) Failure to comply with the requirements of this article. (3) Failure to comply with the rules adopted by the board for the regulation of the practice licensed and regulated under this article. (4) Failure to display the license in a conspicuous place. (5) The making of any false statement as to a material matter in any application to the board. (6) Refusal to permit or interference with an inspection authorized under this article.4921.7. LicensesCertificates issued under this article, unless specifically excepted, shall be issued for a two-year period and shall expire at midnight on the last day of the month of issuance by the boardcouncil . 4922. Except as otherwise provided in this article, a licensecertificate that has expired for failure of the licenseecertificate holder to renew within the time fixed by this article may be renewed at any time within five years following its expiration upon application and payment of all accrued and unpaid renewal fees, delinquency fees, and fines. Renewal under this section shall be effective on the date on which the application is filed, or on the date on which the accrued renewal fees, delinquency fee, or fines are paid, if any, whichever occurs last. If so renewed, the licensecertificate shall continue in effect through the expiration date provided in this article which next occurs following the effective date of the renewal, when it shall expire if it is not again renewed. 4922.3. Except as otherwise provided in this article, a licensecertificate which has not been renewed within five years following its expiration shall be deemed canceled and may not be renewed, restored, reinstated, or reissued thereafter. The holder of the canceled licensecertificate may obtain a new licensecertificate only by submitting an application, paying all required fees, and qualifying for and passing the examination that would be required if the holder were applying for the licensecertificate for the first time. 4922.5. A suspended licensecertificate is subject to expiration and shall be renewed by the licenseecertificate holder as provided in this article, but that renewal does not entitle the licenseecertificate holder , while the licensecertificate remains suspended and before it is reinstated, to engage in the licensedpet grooming activity, or in any other activity or conduct in violation of the order or judgment by which the licensecertificate was suspended. 4922.7. A revoked licensecertificate is subject to expiration as provided in this article, but may not be renewed. If it is reinstated pursuant to an administrative or court proceeding after its expiration, the licenseecertificate holder , as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount established by the boardcouncil pursuant to Section 4923. 4923. (a) The boardcouncil shall establish by regulation a schedule of fees payable under this article, including, but not limited to, all of the following: (1) Application and examination fees. (2) Initial licensecertification fees. (3) Renewal fees. (4) Reinstatement fees. (5) Delinquency fees. (6) Duplicate licensecertificate fees. (7) Application fee for approval of a school or institution offering a curriculum for training pet groomers. (8) Processing fee, not to exceed twenty dollars ($20) to cover the costs of processing the application and certificate. (b) No fee established pursuant to subdivision (a) shall be greater than three hundred fifty dollars ($350) and shall not be in excess of the costs to the boardcouncil of administering that fee. (c) The boardcouncil shall establish by regulation a fee for filing an application for approval of a school or institution offering a curriculum for training licensedcertified pet groomers pursuant to Section 4918.74918.13 of not more than three hundred fifty dollars ($350). The school or institutionprovider shall also pay for the actual costs of an onsite inspection conducted by the boardcouncil pursuant to Section 2065.6 of Title 16 of the California Code of Regulations, including, but not limited to, the travel, food, and lodging expenses incurred by an inspection team sent by the board. (d) All moneys collected under this article shall be deposited in a separate account in the Veterinary Medical Board Contingent Fund and shall be used for the purposes of this article, subject to appropriation by the Legislature. 4923.3. (a) The boardcouncil or theirits authorized agents shall make annual inspections of pet grooming facilities to ensure licensees' compliance with this article. (b) Authority to conduct the inspections authorized by this section may be delegated by the boardcouncil to a county animal control board, subject to the county animal control board's acceptance of the delegation. (c) Prior to performing an inspection authorized by this section, an inspector shall receive training as to the provisions of this article and in the humane treatment of animals. 4923.5. Notwithstanding Section 4918.3, any individual engaged in pet grooming on or before December 31, 20112012 , may lawfully continue pet grooming without a licensecertificate for one year from that date, provided that within the year the individual applies for a licensecertificate as provided in this article. 4923.7. This act shall become operative on April 1, 20122013 . The boardcouncil shall, prior to that date, adopt emergency regulations concerning pet grooming. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code, but shall otherwise be subject to the review and approval of the Office of Administrative Law. Notwithstanding any other provision of law, all emergency regulations adopted by the commission pursuant to this section shall remain in effect until December 31, 20122013 , except to the extent that the commission exercises its power to adopt, amend, or repeal these regulations in whole or in part. 4924. The boardcouncil may impose an administrative penalty for a violation of this article in an amount of not more than one thousand dollars ($1,000) per violation. The boardcouncil shall collect those penalties for deposit into the account specified in Section 4923. 4924.3. Any person, who violates, or aids or abets in violating, any of the provisions of this chapterarticle is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both the fine and imprisonment. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.