BILL ANALYSIS Ó SB 969 Page 1 Date of Hearing: June 26, 2012 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 969 (Vargas) - As Amended: June 20, 2012 SENATE VOTE : 22-14 SUBJECT : Pet groomers. SUMMARY : Establishes the California Pet Grooming Council (Council) to administer a voluntary pet groomer and pet bather and brusher certificate program, until January 1, 2017. Specifically, this bill : 1)Establishes the Council to administer a voluntary pet groomer and pet bather and brusher certificate program, until January 1, 2017. 2)Requires the Council to be a 501(c)(3) non-profit organization comprised of the following members: a) The following members, unless that person chooses not to exercise his or her right of selection: i) One member from the Society for the Prevention of Cruelty to Animals; ii) One member selected by each state or nationwide pet specialty retailer that provides pet grooming services with gross annual sales exceeding $150 million; iii) One member selected by the State Humane Association of California; iv) One member selected by the California Animal Control Directors Association; v) One member selected by the National Dog Groomers Association of America, Inc.; vi) Two members selected by the State Bar of California who have animal law experience and who have been nominated by an animal law attorney; SB 969 Page 2 vii) Two members selected by the World Pet Association; viii) One member selected by the International Professional Groomers, Inc.; ix) One member selected by the Northern California Professional Groomers Association; x) One member selected by the Southern California Professional Groomers Association; xi) One member who is a licensed veterinarian selected by the California Veterinary Medical Association; and, b) Additional members appointed by the Council through a process it shall establish in its bylaws, including the appointment of two members who represent pet groomers who own or operate independent facilities and are not affiliated with a pet specialty retailer with gross annual sales exceeding $150 million or another retailer of comparable size. 3)Requires the Council to issue a pet groomer certificate to applicants who satisfy the following requirements: a) Are at least 18 years old; b) Completed a Council-approved pet grooming curriculum and has hands-on experience in pet grooming, the aggregate of which shall equal at least 900 hours. The hands-on portion of that requirement shall equal at least 60% of the 900 hours (or 540 hours); and, c) Paid all Council fees. 4)Requires the Council to issue a pet grooming certificate to out-of-state applicants who meet or exceed this bill's requirements. 5)Requires the Council to issue a pet bather and brusher certification certificate to applicants who satisfy the following requirements: a) Are at least 18 years old; and, SB 969 Page 3 b) Completed Council-approved curriculum and supervised training under a certified pet bather and brusher or certified pet groomer, the aggregate of which shall equal at least 300 hours. 6)Grandfathers certificate holders applying on or after January 1, 2013, if they possess documentation demonstrating that the applicant has performed a minimum of 900 hours of paid pet grooming services to the public. Evidence of pet grooming services performed shall include either: a) An employer's affidavit containing the dates of the applicant's employment; or, b) Tax returns, as specified. 7)Requires that the Council-issued certificates expire every two years unless renewed. 8)Authorizes the Council to suspend or revoke a certificate for the following reasons: a) It receives credible documentation that the certificate holder has been convicted of animal cruelty; and, b) It has evidence of gross negligence by a certificate holder. 9)Requires the Council to provide information concerning a certificate holder's work address to law enforcement upon request. 10)Authorizes the Council to deny, revoke, or suspend a certificate for any of the following reasons: a) Unprofessional conduct, as specified; b) Procuring a certificate by fraud, misrepresentation, or mistake; c) Conviction or misdemeanor relating to animal cruelty or animal abuse; d) Committing an act of gross negligence while pets are in SB 969 Page 4 the certificate holder's care; or, e) Committing any fraudulent, dishonest, or corrupt act in the course of duties. 11)Establishes a due process procedure for a certificate applicant to protest the denial, suspension, or revocation of a certificate. 12)Requires the Council to establish a board of review to review cases of gross negligence by certificate holders that come to the Council's attention. 13)Requires the Council to create an online registry of certificate holders to enable a consumer to determine whether his or her pet groomer or pet bather and brusher is certified. 14)Requires a certificate holder to use the name under which he or she was certified, and to display his or her certificate at his or her business location. 15)Provides that it is an unfair business practice for any person to hold himself or herself out as a "certified pet groomer" or "certified pet brusher and bather" unless he or she is certified by the Council, and authorizes anyone to petition for injunctive relief against a pet groomer violating the provisions of this bill through the Superior Court. 16)Establishes renewal or cancellation procedures for expired, delinquent, suspended, or revoked certificates. 17)Subjects Council meeting to the rules of the Bagley-Keene Open Meeting Act. 18) Authorizes the Council to take reasonable actions to carry out its responsibilities. 19)Requires the Council to establish a fee schedule for certificates, including the following: a) Initial certification fees not to exceed $40; b) Renewal fees not to exceed $20; SB 969 Page 5 c) Reinstatement fees not to exceed $40; and, d) Duplicate certificate fees not to exceed $20. 20)Creates the following definitions: a) "Council" means the California Pet Grooming Council; b) "Pet" means any dog or cat placed in the care of a pet groomer for grooming or styling; c) "Pet bather or brusher" means an individual who bathes and brushes a pet for compensation; d) "Pet groomer" means an individual who bathes, brushes, clips, or styles a pet, trim's a pet's nails, or provides anal gland expression for compensation; e) "Pet grooming" means the act of bathing, brushing, clipping, or styling a pet, trimming a pet's nails, or providing anal gland expression; and, f) "Pet grooming facility" means a commercial establishment where a pet may be bathed, brushed, clipped, or styled. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "Existing law does not provide for adequate safety of pets in California. Currently, there are no laws or guidelines related to the profession of pet grooming, and pet groomers are currently not required to possess anything more than a business license. Thus, no formal training is required to open or run a pet grooming facility. This bill would create the Council, a 501(c)(3) non-profit, for the purpose of certifying pet groomers and pet bathers and brushers who meet specified education, examination, training, and experience requirements." Background . This bill creates a voluntary certification program for pet groomers and is optional. This differs from licensure, which is mandatory to professionally practice in a field for paid compensation, and requires individuals to pass an examination, complete specified education requirements, and SB 969 Page 6 possibly complete experience/training requirements. A licensing and regulatory board may take investigate consumer complaints and take disciplinary action against a licensee for misconduct. In addition, the licensing and regulatory board may take action against unlicensed practitioners to protect consumers. On the other hand, certification requires individuals to possibly pass an examination and to complete education courses and specified training; however, certification is optional and is a means for an industry to set its own standards and self-regulate. In some instances, a government agency may provide for certification requirement or in other instances a non-profit 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. The June 20, 2012 amendments to this bill delete the Council's authority to take disciplinary action against a certificate holder, revise the Council membership, establish a cap on specified certification fees, revise a certificate holder's education and training requirements to 900 total hours for pet groomers and 300 hours for pet bathers and brushers, add gross negligence to the list of reasons for which a certificate can be denied, suspended, or revoked, limit the type of address for the certificate holder the Council can provide to law enforcement upon request to the certificate holder's work address, require the Council to establish a board of review to review cases of gross negligence by certificate holders that come to the Council's attention, create an online of certificate holders, and clarify that the Council can revoke or suspend a certificate in addition to denying one. Support . According to the Executive Director (ED) of the Animal Samaritans SPCA, Inc., "As the ED of an Animal Welfare and Veterinary Medical Center, I have seen dogs with various injuries suffer at the hands of untrained groomers. In one case, a dog came in with nipples cut off in a grooming incident, leaving it with serious injuries. In other cases, dogs and cats had grooming injuries that included burns resulting from dryers and lacerations from lipping and shaving. Others had broken legs suffered by jumping from tables because groomers did not know how to handle animals. The list goes on and on. "Many pet groomers have years of experience and are diligent in their work and care for animals in their charge. They do SB 969 Page 7 wonderful work. However, there are groomers that are untrained and do not understand the basics of pet handling. Animal grooming is an occupation whereby most anyone can pick up a pair of shears and got to work, often with disastrous results. This bill would require training for groomers and licensing that would confirm the groomer's professional qualifications. Opposition . According to the World Pet Association and several pet groomer associations, "In a well-meaning attempt to promote a more uniform standard of safety, ethics, and competency within the grooming industry, SB 969 creates a ÝCouncil] which: Unprecedented, voluntary, and not accountable to any other agency, to regulate and groomer training and certification; Duplicates or nullifies the efforts of established certification processes by the International Professional Groomers Association, National Dog Groomers Association of America, and Creates great cost for businesses and professional associations in order to change training and trademark materials without any substantial change in these programs; Whose diverse ÝCouncil] membership, unlike many professional associations, is not mainly comprised of experienced, recognized practitioners of the craft, and whose diverse concerns will possibly hamper timely and focused peer review; and, Has not shown data that will ensure capture of pet abusers. "While we support the continued development of a strong professional association, for the above reasons, SB 969 is not the answer. It does not strengthen the grooming industry's standards by oversight and peer review, but duplicates existing processes, and creates a greater financial burden on the state for regulation and enforcement." Previous Legislation . AB 762 (Koretz) of 2005, would have created a set of specified standards for animal grooming SB 969 Page 8 facilities and imposed civil penalties against individuals who violate those standards. This bill was held in the Assembly Business and Professions Committee. REGISTERED SUPPORT / OPPOSITION : Support Animal Samaritans SPCA, Inc. City of Coachella City of Desert Hot Springs City of Palm Desert City of Rancho Mirage Indian Wells La Prensa Hispana Paw PAC spcaLA Numerous Individuals Opposition Barkleigh Productions, Inc. California Federation of Dog Clubs California Retailers Association International Professional Groomers Association International Society of Canine Cosmetology Mobile Groomers Association National Animal Interest Alliance National Cat Groomers Institute of America, Inc. National Dog Groomers Association of America National Federation of Independent Business Northern California Professional Groomers Association Pet Industry Joint Advisory Council Professional Cat Groomers Association of America San Diego County Groomers Association Small Business California Southern California Professional Groomers Association World Pet Association Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301 SB 969 Page 9