BILL NUMBER: AB 2025 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gonzalez
(Coauthors: Assembly Members Chiu and Ting)
(Coauthor: Senator Nguyen)
FEBRUARY 16, 2016
An act to amend Sections 7312, 7314, 7314.3, 7337, 7347, and 7389
of the Business and Professions Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2025, as amended, Gonzalez. Barbering and cosmetology: labor
law education requirements.
Existing law, the Barbering and Cosmetology Act, establishes the
State Board of Barbering and Cosmetology for the licensure and
regulation of barbers, cosmetologists, estheticians, manicurists,
electrologists, and apprentices. Existing law requires the board to
carry out a list of duties including making rules and regulations,
conducting and administering license examinations, issuing licenses
to qualified applicants, and disciplining persons who violate the
act.
This bill would require that the board offer and make available
all written materials provided to licensees and applicants in
English, Korean, Spanish, and Vietnamese.
Existing law requires the board to establish a Health and Safety
Advisory Committee to provide the board with advice and
recommendations on health and safety issues before the board.
This bill would specify that the health and safety issues are
those that impact licensees, including how to ensure licensees are
aware of basic labor laws, as specified.
Existing law requires every application for admission to
examination and licensure to be verified by the oath of the
applicant.
This bill would additionally require every application for
admission to examination and licensure and every electronic
application to renew a license to include a signed
acknowledgment that the applicant understands his or her rights as a
licensee as outlined in informational materials on basic labor laws
that the applicant is provided by the board with the application
or renewal application.
Existing law requires the licensure of any person, firm, or
corporation operating an establishment engaged in a practice
regulated by the board. Existing law requires a separate license for
each location where the establishment operates. Existing law requires
applicants to submit an application, accompanied by a prescribed
fee. Existing law prohibits the board from issuing a license to any
applicant who has committed specified acts or crimes which are
grounds for denial of licensure in effect at the time the new
application is submitted.
This bill would require, as part of a complete application
for a license to operate an establishment, and an
electronic application to renew a license to operate an
establishment, a signed acknowledgment that the applicant
understands the informational materials on basic labor laws the
applicant is provided by the board with the application or
renewal application and that establishments are responsible for
compliance with any applicable labor laws of the state.
Existing law requires the board to keep a registration record of
each licensee containing the name, address, license number, date
issued, and any facts that the applicant may have stated in the
application for examination for licensure.
This bill would require the board, beginning January 1,
2018, board to collect, through optional
questions on the a written application
to operate an establishment, demographic information of each
applicant, including her or his preferred for a
license and in an electronic application to renew a license, the
language preference. preference of the
applicant.
Existing law requires the board to admit to a licensing
examination an applicant who meets certain qualifications, including
having completed one or more courses, as specified, offered by a
school approved by the board. Existing law requires the board to
develop or adopt a health and safety course on hazardous substances
that is required to be taught in schools approved by the board.
Existing law requires course development to include pilot testing of
the course and training classes to prepare instructors to effectively
use the course.
This bill would require the health and safety course that the
board is required to develop or adopt to additionally cover basic
labor laws, as specified.
This bill's provisions would become operative on July 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7312 of the Business and Professions Code is
amended to read:
7312. (a) The board shall do all of the
following:
(a)
(1) Make rules and regulations in aid or furtherance of
this chapter in accordance with the Administrative Procedure Act.
(b)
(2) Conduct and administer examinations of applicants
for licensure.
(c)
(3) Issue licenses to those applicants that may be
entitled thereto.
(d)
(4) Discipline persons who have been determined to be
in violation of this chapter or the regulations adopted pursuant to
this chapter.
(e)
(5) Adopt rules governing sanitary conditions and
precautions to be employed as are reasonably necessary to protect the
public health and safety in establishments, schools approved by the
board, and in the practice of any profession provided for in this
chapter. The rules shall be adopted in accordance with the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Title 2 of the Government Code, and shall be submitted to
the State Department of Health Care Services and approved by that
department prior to filing with the Secretary of State. A written
copy of all those rules shall be furnished to each licensee.
(f)
(6) Offer and make available all written materials
provided to licensees and applicants in English, Korean,
Spanish, and Vietnamese.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 2. Section 7314 of the Business and Professions Code is
amended to read:
7314. (a) The board shall keep a record of
its proceedings relating to its public meetings, meetings of
committees, and records relating to the issuance, refusal, renewal,
suspension, and revocation of licenses.
The
(b) The board shall keep a
registration record of each licensee containing the name, address,
license number number, and date issued.
This record shall also contain any facts that the applicants may
have stated in their application for examination for licensure.
Beginning January 1, 2018, the The
board shall collect, through optional questions on the
a written application for a license and in
an electronic application to renew a license issued pursuant to
Section 7347, the demographic information of each
applicant, including, but not limited to, her or his
this chapter, the spoken and written language
preference. preference of each applicant.
(c) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 3. Section 7314.3 of the Business and Professions Code is
amended to read:
7314.3. (a) The board shall establish a
Health and Safety Advisory Committee to provide the board with advice
and recommendations on health and safety issues before the board
that impact licensees, including how to ensure licensees are aware of
basic labor laws. Basic labor laws include, but are not limited to,
all of the following:
(a)
(1) Key differences between the legal rights, benefits,
and obligations of an employee and an independent contractor.
(b)
(2) Wage and hour rights for hourly employees.
(c)
(3) Antidiscrimination laws relating to the use of a
particular language in the workplace.
(d)
(4) Antiretaliation laws relating to a worker's right
to file complaints with the Department of Industrial Relations.
(e)
(5) How to obtain more information about state and
federal labor laws.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 4. Section 7337 of the Business and Professions Code is
amended to read:
7337. (a) Every application for admission
to examination and licensure shall be in writing, on forms prepared
and furnished by the board.
Each
(b) Each application shall be
accompanied by the required fee, and shall contain proof of the
qualifications of the applicant for examination and licensure. It
shall be verified by the oath of the applicant and shall include a
signed acknowledgment that the applicant understands his or her
rights as a licensee as outlined in informational materials on basic
labor laws laws, as specified in
Section 7314.3 7314.3, that the
applicant is provided by the board with the application. Every
applicant shall, as a condition of admittance to the examination
facility, present satisfactory proof of identification. Satisfactory
proof of identification shall be in the form of a valid, unexpired
driver's license or identification card, containing the photograph of
the person to whom it was issued, issued by any state, federal, or
other government entity.
(c) Every electronic application to renew a license shall include
a signed acknowledgment that the renewal applicant understands his or
her rights as a licensee as outlined in informational materials on
basic labor laws, as specified in Section 7314.3, that the renewal
applicant is provided by the board with the renewal application.
(d) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 5. Section 7347 of the Business and Professions Code is
amended to read:
7347. (a) Any person, firm, or corporation
desiring to operate an establishment shall make an application to the
bureau for a license accompanied by the fee prescribed by this
chapter. The application shall be required whether the person, firm,
or corporation is operating a new establishment or obtaining
ownership of an existing establishment. The application shall include
a signed acknowledgment that the applicant understands that
establishments are responsible for compliance with any applicable
labor laws of the state and that the applicant understands the
informational materials on basic labor laws
laws, as specified in Section 7314.3
7314.3, the applicant is provided by the board with the
application. Every electronic application to renew a license
shall include a signed acknowledgment that the renewal applicant
understands that establishments are responsible for compliance with
any applicable labor laws of the state and that the applicant
understands the informational materials on basic labor laws, as
specified in Section 7314.3, that the renewal applicant is provided
by the board with the renewal application. If the applicant is
obtaining ownership of an existing establishment, the board may
establish the fee in an amount less than the fee prescribed by this
chapter. The applicant, if an individual, or each officer, director,
and partner, if the applicant is other than an individual, shall not
have committed acts or crimes which are grounds for denial of
licensure in effect at the time the new application is submitted
pursuant to Section 480. A license issued pursuant to this section
shall authorize the operation of the establishment only at the
location for which the license is issued. Operation of the
establishment at any other location shall be unlawful unless a
license for the new location has been obtained upon compliance with
this section, applicable to the issuance of a license in the first
instance.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 6. Section 7389 of the Business and Professions Code is
amended to read:
7389. (a) The board shall develop or adopt
a health and safety course on hazardous substances and basic labor
laws laws, as specified in Section
7314.3 7314.3, which shall be taught in
schools approved by the board. Course development shall include pilot
testing of the course and training classes to prepare instructors to
effectively use the course.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.