BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 969| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 969 Author: Vargas (D) Amended: 5/17/12 Vote: 21 SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 5-3, 4/23/12 AYES: Price, Corbett, Correa, Hernandez, Vargas NOES: Emmerson, Strickland, Wyland NO VOTE RECORDED: Negrete McLeod SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/14/12 AYES: Kehoe, Alquist, Lieu, Price, Steinberg NOES: Walters, Dutton SUBJECT : Pet groomers SOURCE : Author DIGEST : This bill, until January 1, 2017, enacts a certification program for pet groomers, as defined, and creates the California Pet Grooming Council (Council) as a tax-exempt nonprofit organization with membership as specified, for the purpose of certifying pet groomers and pet bathers and brushers who meet specified education, examination, training and experience requirements; and specifies that it is an unfair business practice for anyone to call themselves a "certified pet groomer" or a "certified pet bather and brusher" unless they have been certified by the Council. CONTINUED SB 969 Page 2 ANALYSIS : Existing law: 1. Establishes the Lockyer-Polanco-Farr Pet Protection Act and requires every pet dealer, as defined, to comply with its provisions. Defines "pet dealer" as a person engaging in the business of selling dogs and cats, or both, at retail, with specified exemptions, including any entity that breeds or rears dogs on the premises, and is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code. 2. Requires pet dealers to provide to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs (DCA), containing certain information regarding the breeder, the animal, medical history, for dogs a record of veterinarian treatment, a statement that the dog is free from disease or a record of any known disease. 3. Establishes the Polanco-Lockyer Pet Breeder Warranty Act and requires every "dog breeder" or "breeder," as defined to comply with its provisions and makes many of the provisions which apply to the Lockyer-Polanco-Farr Pet Protection Act, regarding the sale, transfer and care of animals, applicable to dog breeders. 4. Establishes the Pet Store Animal Care Act, which regulates the care and maintenance of animals in the custody of a pet store and provides limits on the sale or transfer of those animals. 5. Defines a "pet store" as a retail establishment open to the public that sells or offers for sale animals as pets, or animals intended as food for other animals, but that a "pet store" does not include a retail establishment selling or offering for sale animals to be used in agricultural operations for purposes that are directly related to the raising of livestock or poultry on a farm or ranch. Provides that a person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or CONTINUED SB 969 Page 3 otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store. This bill: 1. Defines a "pet groomer" as a person who bathes, brushes, clips, or styles a pet for compensation. 2. Defines a "pet grooming facility" as a commercial establishment where a pet may be bathed, brushed, clipped, or styled. 3. Creates the "Pet Grooming Act" and establishes the "Council" as a tax-exempt nonprofit 501 (c)(3) organization for the purpose of certifying pet groomers who meet specified education, examination, training and experience requirements. Specifies the Council may commence activities after submitting a request to the Internal Revenue Service and an application or determination letter or ruling to the Franchise Tax Board seeking this exemption. 4. Provides that the Council shall be composed of two members from the Society for the Prevention of Cruelty to Animals (SPCA), one from northern California and one from Southern California.; one member selected by each state or nationwide pet specialty retailer that provides pet grooming services, as specified; one member from the State Humane Association of California; one member selected by the Director of the DCA; one member selected from the Veterinary Medical Board; one member from California Animal Control Directors Association; one member selected from the National Dog Groomers Association of America, Inc; and two members selected from the State Bar of California who have animal law experience; one member selected from California Registered Veterinary Technicians Association; and one member selected by the California Veterinary Medical Association. Provides that any of the aforementioned entities may choose not to exercise their right of selection of a member to serve on the Council. 5. Provides that the Council may take any reasonable CONTINUED SB 969 Page 4 actions to carry out the responsibilities of the Pet Grooming Act, including, but not limited to, hiring staff and entering into contracts, and that the initial members of the Council, in their discretion, may immediately undertake to issue the certificates authorized by the Act, after adopting the necessary bylaws or other rules as specified. 6. Provides that the Council shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties, and may establish both initial fees and renewal fees (for every two year). 7. Provides that the meetings of the Council shall be subject to the rules of the Bagley-Keene Open Meeting Act. 8. Provides that the Council shall issue a certificate of certification to a pet groomer who meets the following requirements: A. Is at least 18 years of age. B. Has successfully completed a curriculum, approved by the Council, in pet grooming and related subjects totaling a minimum of 300 hours 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 hand-on experience and successfully passes a pet grooming certification test established by the Council. 9. Provides that the Council shall issue a certificate of certification to a pet bather and brusher who is at least 18 years of age and meets any of the following requirements: A. Has successfully completed a curriculum, approved by the council, in pet grooming and related subjects totaling a minimum of 300 hours. B. Has a minimum of 300 hours of training under the supervision of a certified pet groomer. CONTINUED SB 969 Page 5 C. Successfully completed a pet grooming certification test established by the Council. 10.Provides that the Council shall issue a certificate of certification to a pet groomer or pet bather and brusher who apply before January 1, 2013, if they meet one of the following requirements: A. Has a 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. B. Documentation evidencing, as specified, 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. 11.Provides that a person applying for a pet groomer certificate on or before January 1, 2013, who meets the educational requirements of 100-hours, but has not competed the number of practice hours (500 hours), may apply for a conditional certificate, but must complete at least 30 hours of additional education per year until he/she has completed at least 300 hours of education. 12.Specifies the requirements for developing and providing for a pet grooming certification examination to be provided by the Council. 13.Requires the applicant to provide proof that he/she is insured against negligent acts associated with his/her activity as a pet groomer. 14.Specifies that the Council shall issue a certificate to an applicant who meets the qualifications of the Pet Grooming Act who holds a current and valid registration, certification, or license from any other state whose licensure requirements meets or exceed those defined within the Act and shall have discretion to give credit for comparable academic work completed. CONTINUED SB 969 Page 6 15.Specifies that the Council may discipline a certificate holder and take actions as specified including placing the certificate holder on probation, suspending the certificate, revoking the certificate or taking other action deemed appropriate by the Council, and provides that the Council may take similar actions, as specified, if a certificate holder has been arrested or if charges have been filed and to notify their place of business within 10 days. 16.Upon conviction of a certificate holder, a suspended certificate shall immediately become subject to permanent revocation and upon acquittal or dismissal of charges the certificate shall be immediately reinstated. 17.Specifies reasons for which the Council may deny or discipline a certificate holder including unprofessional conduct, conviction of a crime, or committing any fraudulent, dishonest or corrupt act that is substantially related to the qualifications or duties of a certificate holder. 18.Provides for due process procedures to be followed by the Council in taking any disciplinary action against a certificate holder. 19.Provides that the Council shall provide information which it has available regarding a certificate holder upon request of any law enforcement agency. 20.Provides that it is unfair business practice for any person to hold himself/herself out as being certified, registered or licensed by a governmental agency as a pet groomer or pet bather and brusher without meeting the requirements for certification. 21.Sunsets on January 1, 2017. Background Licensure vs. Certification . This bill creates a voluntary certification program for pet groomers, but as introduced would have required licensure for pet groomers; therefore, CONTINUED SB 969 Page 7 it is important to note the distinction between the two. Licensure is mandatory for anybody practicing in the field and requires individuals to pass an examination and complete specified educational and possible experience/training requirements. It is the highest and most restrictive form of professional regulation, and is intended to avert severe harm to public health, safety or welfare that could be caused by unlicensed practitioners. Certification also requires individuals to possibly pass an examination and to complete education courses and specified training; however, certification is optional. In some instances, a government agency may provide for certification requirement or in other instances a nonprofit organization or some other professional group or association may provide for a certification program. A person voluntarily seeks certification from any of these entities and then may use the term "certified" or having received "certification" within that profession. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: California Pet Grooming Council, tax-exempt nonprofit organization, non-governmental funds. Unknown enforcement costs to the Department of Justice, likely less than $75,000 annually, based on enforcement activities of other similar entities. SUPPORT : (Verified 5/17/12) Animal Samaritans, SPCA, Inc. Cities of Coachella, Desert Hot Springs, Indian Wells, Palm Desert, and Rancho Mirage La Prensa Hispana PAW PAC SPCA, Los Angeles OPPOSITION : (Verified 5/17/12) CalSmallBiz National Dog Groomers Association of America CONTINUED SB 969 Page 8 San Diego County Board of Supervisors JJA:dok 5/17/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED