Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2195

Introduced by Assembly Member Bonilla

February 18, 2016

An act to begin delete amend Sections 4602 and 4621 of the Business and Professions Code, relating to massage therapy. end delete begin insert add Section 11105.09 to the Penal Code, relating to crimes. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2195, as amended, Bonilla. begin delete California Massage Therapy Council: extension of sunset date. end delete begin insert Crimes: end insert begin insert felony murder: data. end insert

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Existing law establishes the Department of Justice under the direction and control of the Attorney General, and requires the department to perform duties in the investigation of crimes as may be assigned by the Attorney General. Existing law requires the Attorney General to compile and disseminate state summary criminal history information pertaining to the identification and criminal history of any person. Existing law also establishes the Department of Corrections and Rehabilitation to oversee the state prison system.

end insert begin insert

Existing law specifies which species of murder are murder of the first degree, including all murder that is committed in the perpetration of, or attempt to perpetrate, certain crimes, including, among others, burglary, arson, rape, robbery, and kidnapping. Existing law provides that all other kinds of murders are of the second degree.

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This bill would, notwithstanding any other law, on or before January 1, 2018, require the Department of Justice, in consultation with the Department of Corrections and Rehabilitation, to collect data on the number of persons currently convicted of and sentenced for first and second degree felony murder pursuant to the provisions described above. The bill would also require the Department of Justice to disaggregate that data by county. The bill would require the Department of Justice to update this data annually, and would require the department to post the data in a prominent place on the department’s Internet Web site.

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The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms.

end delete begin delete

This bill would extend the operation of these provisions until January 1, 2019, and make nonsubstantive changes to delete obsolete provisions related to the interim board.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 11105.09 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 11105.09. end insert   

(a) Notwithstanding any other law, on or before
January 1, 2018, the Department of Justice, in consultation with
the Department of Corrections and Rehabilitation, shall collect
data on both of the following:

(1) The number of persons currently convicted of and sentenced
for first degree felony murder pursuant to Chapter 1 (commencing
with Section 187) of Title 8 of Part 1.

(2) The number of persons currently convicted of and sentenced
for second degree felony murder pursuant to Chapter 1
(commencing with Section 187) of Title 8 of Part 1.

(b) The Department of Justice shall also disaggregate the data
required by subdivision (a) by county.

(c) The Department of Justice shall update the data required
by this section annually.

(d) The Department of Justice shall post the data required by
this section in a prominent place on the department’s Internet Web
site.

end insert

begin delete

SECTION 1.  

Section 4602 of the Business and Professions
Code is amended to read:

4602.  

(a) The California Massage Therapy Council, as defined
in subdivision (d) of Section 4601, is hereby established and shall
carry out the responsibilities and duties set forth in this chapter.

(b) The council may take any reasonable actions necessary to
carry out the responsibilities and duties set forth in this chapter,
including, but not limited to, hiring staff, entering into contracts,
and developing policies, procedures, rules, and bylaws to
implement this chapter.

(c) The council may require background checks for all
employees, contractors, volunteers, and board members as a
condition of their employment, formation of a contractual
relationship, or participation in council activities.

(d) The council shall issue a certificate to an individual applicant
who satisfies the requirements of this chapter for that certificate.

(e) The council is authorized to determine whether the
information provided to the council in relation to the certification
of an applicant is true and correct and meets the requirements of
this chapter. If the council has any reason to question whether the
information provided is true or correct, or meets the requirements
of this chapter, the council is authorized to make any investigation
it deems necessary to establish that the information received is
accurate and satisfies any criteria established by this chapter. The
applicant has the burden to prove that he or she is entitled to
certification.

(f) The council shall be governed by a board of
directorscomprised of 13 members who shall be chosen in the
following manner:

(1) One member shall be a representative of the League of
California Cities, unless that entity chooses not to exercise this
right to appoint.

(2) One member shall be a representative of the California Police
Chiefs Association, unless that entity chooses not to exercise this
right to appoint.

(3) One member shall be a representative of the California State
Association of Counties, unless that entity chooses not to exercise
this right to appoint.

(4) One member shall be a representative of an “anti-human
trafficking” organization to be determined by the council. This
organization shall appoint one member, unless the organization
chooses not to exercise this right to appoint.

(5) One member shall be appointed by the Office of the
Chancellor of the California Community Colleges, unless that
office chooses not to exercise this right to appoint.

(6) One member shall be a member of the public appointed by
the Director of the Department of Consumer Affairs, unless the
director chooses not to exercise this right to appoint.

(7) One member shall be appointed by the California Association
of Private Postsecondary Schools, unless that entity chooses not
to exercise this right to appoint.

(8) One member shall be appointed by the American Massage
Therapy Association, California Chapter, who shall be a
California-certified massage therapist or massage practitioner who
is a California resident and who has been practicing massage for
at least three years, unless that entity chooses not to exercise this
right to appoint.

(9) One member shall be a public health official representing a
city, county, city and county, or state health department, to be
determined by the council. The city, county, city and county, or
state health department chosen, shall appoint one member unless
that entity chooses not to exercise this right to appoint.

(10) (A) One member shall be a certified massage therapist or
a certified massage practitioner who is a California resident who
has practiced massage for at least three years prior to the
appointment, selected by a professional society, association, or
other entity which membership is comprised of massage therapist
professionals, and that chooses to participate in the council. To
qualify, a professional society, association, or other entity shall
have a dues-paying membership in California of at least 1,000
individuals, have been established since 2000, and shall have
bylaws that require its members to comply with a code of ethics.

(B) If there is more than one professional society, association,
or other entity that meets the requirements of subparagraph (A),
the appointment shall rotate based on a four-year term between
each of the qualifying entities. The qualifying entity shall maintain
its appointment authority during the entirety of the four-year term
during which it holds the appointment authority. The order in
which a qualifying professional society, association, or other entity
has the authority to appoint shall be determined by alphabetical
order based on the full legal name of the entity as of January 1,
2014.

(11) The members appointed to the board in accordance with
paragraphs (1) to (10), inclusive, shall appoint three additional
members, at a duly held board meeting in accordance with the
board’s bylaws. One of those appointees shall be an attorney
licensed by the State Bar of California, who has been practicing
law for at least three years and who at the time of appointment
represents a city in the state. One of those appointees shall represent
a massage business entity that has been operating in the state for
at least three years. The council shall establish in its bylaws a
process for appointing an additional member, provided that the
member has knowledge of the massage industry or can bring
needed expertise to the operation of the council for purposes of
complying with Section 4603.

(g) Board member terms shall be for four years.

(h) The board of directors shall establish fees reasonably related
to the cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees for certificates
shall be in an amount sufficient to support the functions of the
council in the administration of this chapter, but in no event shall
exceed three hundred dollars ($300). The renewal fee shall be
reassessed biennially by the board.

(i) The meetings of the council shall be subject to the rules of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code). The board may adopt additional policies
and procedures that provide greater transparency to certificate
holders and the public than required by the Bagley-Keene Open
Meeting Act.

(j) Prior to holding a meeting to vote upon a proposal to increase
the certification fees, the board shall provide at least 90 days’
notice of the meeting, including posting a notice on the council’s
Internet Web site unless at least two-thirds of the board members
concur that there is an active threat to public safety and that voting
at a meeting without prior notice is necessary. However, the board
shall not waive the requirements of subdivision (j).

(k) If the board approves an increase in the certification fees,
the council shall update all relevant areas of its Internet Web site
and notify all certificate holders and affected applicants by email
within 14 days of the board’s action.

SEC. 2.  

Section 4621 of the Business and Professions Code is
amended to read:

4621.  

(a) This chapter shall remain in effect only until January
1, 2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.

(b) Notwithstanding any other law, the powers and duties of the
council shall be subject to review by the appropriate policy
committees of the Legislature.

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