BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 969|
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                                 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.

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           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 

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             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 

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             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.

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             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.

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          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, 

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          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  5/21/12)

          Animal Samaritans, SPCA, Inc.
          Cities of Coachella, Desert Hot Springs, Indian Wells, Palm 
            Desert, and Rancho Mirage
          La Prensa Hispana
          PAW PAC
          Riverside County Animal Control
          SPCA, Los Angeles

           OPPOSITION  :    (Verified  5/21/12)

          CalSmallBiz

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          International Professional Pet Groomers
          National Dog Groomers Association of America
          San Diego County Board of Supervisors
          The Animal Council
          The Bird Shop
          WPA



          JJA:dok  5/21/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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