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: 5/23/12
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
voluntary 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
Senate Floor Amendments of 5/23/12 change the composition
of the "California Pet Grooming Council" by adding
additional members as specified, and make other technical
and clarifying changes.
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
CONTINUED
SB 969
Page
3
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
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 the
California Animal Control Directors Association; two
members selected from the National Dog Groomers
Association of America, Inc.; and one member selected
from the State Bar of California who has animal law
experience; two members selected by the World Pet
Association; one member selected by the International
Professional Groomers, Inc.; one member selected by the
CONTINUED
SB 969
Page
4
International Society of Canine Cosmetologists; one
member selected by the Northern California Professional
Groomers Association; one member selected by the
Southern California Professional Groomers 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
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
CONTINUED
SB 969
Page
5
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.
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
CONTINUED
SB 969
Page
6
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.
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
CONTINUED
SB 969
Page
7
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,
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 5/23/12)
Animal Samaritans, SPCA, Inc.
CONTINUED
SB 969
Page
8
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 5/23/12)
California Federation of Dog Clubs
CalSmallBiz
International Professional Pet Groomers
National Dog Groomers Association of America
San Diego County Board of Supervisors
The Animal Council
The Bird Shop
WPA
JJA:do 5/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED