Amended in Senate March 17, 2016

Senate BillNo. 1044


Introduced by Senator Nguyen

February 12, 2016


begin deleteAn act to amend Section 7401 of the Business and Professions Code, relating to professions and vocations. end deletebegin insertAn act to add Sections 7407.1 and 7408.1 to the Business and Professions Code, relating to professions and vocations.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1044, as amended, Nguyen. Barbering and cosmetology.

begin insert

Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, and electrolysis by the State Board of Barbering and Cosmetology. Existing law also requires any person, firm, or corporation operating an establishment where any activity licensed under the act is practiced to apply to the board for a license. Existing law requires protection of the public to be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Under existing law, whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public is required to be paramount.

end insert
begin insert

Under existing law, the board is authorized to assess administrative fines for the violation of the act or the violation of any rules and regulations adopted by the board pursuant to the act. Existing law requires the board to establish by regulation a schedule of administrative fines for violations of the act.

end insert
begin insert

This bill would require the board to determine by regulation when a fine is required to be assessed against both the holder of the establishment license and the individual licensee for the same violation. The bill would also require the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the bill would require the board to consider specified factors.

end insert
begin insert

Existing law requires the board to issue a citation with respect to any violation for which an administrative fine is authorized to be assessed. Existing law requires these citations to be in writing and to describe with particularity the nature of the violation alleged to have been violated. Under existing law, the administrative fine, if any, is required to be attached at the time the citation is written.

end insert
begin insert

The bill would authorize the board to enter into a payment plan for citations with administrative fines exceeding $500. The bill would require the board to define by regulation the parameters of the payment plans, as specified.

end insert
begin delete

Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology. Existing law requires an individual licensed to practice in one of these vocations to report to the board at the time of license renewal his or her practice status and relationship with his or her place of operation. Existing law requires an individual licensed to operate an establishment to report to the board at the time of license renewal whether any booth renters or independent contractors operate in the establishment.

end delete
begin delete

This bill would make nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7407.1 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert7407.1.end insert  

The board shall determine by regulation when a fine
4shall be assessed to both the holder of the establishment license
5and the individual licensee for the same violation. The board shall
6also determine by regulation when a fine shall be assessed to only
7the holder of the establishment license or to only an individual
8licensee for the same violation. In making these determinations,
P3    1the board shall consider the egregiousness of the violation of the
2health and safety regulations and whether the violation is a
3repeated violation by an individual licensee within the same
4establishment.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 7408.1 is added to the end insertbegin insertBusiness and Professions
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert7408.1.end insert  

The board may enter into a payment plan for citations
8with administrative fines that exceed five hundred dollars ($500).
9The board shall define by regulation the parameters of the payment
10plan, which shall include, but shall not be not limited to, the terms
11of the plan and grounds for cancellation of the plan.

end insert
begin delete
12

SECTION 1.  

Section 7401 of the Business and Professions
13Code
is amended to read:

14

7401.  

(a) An individual licensed pursuant to Section 7396
15shall report to the board at the time of license renewal her or his
16practice status, designated as one of the following:

17(1) Full-time practice in California.

18(2) Full-time practice outside of California.

19(3) Part-time practice in California.

20(4) Not working in the industry.

21(5) Retired.

22(6) Other practice status, as may be further defined by the board.

23(b) An individual licensed pursuant to Section 7396 shall, at the
24time of license renewal, identify herself or himself on the
25application as one of the following:

26(1) Employee.

27(2) Independent contractor or booth renter.

28(3) Salon owner.

29(c) An individual licensed pursuant to Section 7347 shall report
30to the board at the time of license renewal, whether either of the
31following is applicable to her or him:

32(1) She or he has a booth renter operating in the establishment.

33(2) She or he has an independent contractor operating in the
34 establishment.

end delete


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