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;
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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,
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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
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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;
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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
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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
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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
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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
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