BILL NUMBER: AB 2195 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 18, 2016
An act to amend Sections 4602 and 4621 of the Business
and Professions Code, relating to massage therapy. add
Section 11105.09 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2195, as amended, Bonilla. California Massage Therapy
Council: extension of sunset date. Crimes:
felony murder: data.
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.
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.
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.
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.
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.
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 11105.09 is added to the
Penal Code , to read:
11105.09. (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.
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.