SB 1044 Senate Bill

BILL NUMBER: SB 1044	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 17, 2016

INTRODUCED BY   Senator Nguyen

                        FEBRUARY 12, 2016

    An act to amend Section 7401 of the Business and
Professions Code, relating to professions and vocations. 
 An act to add Sections 7407.1 and 7408.1 to the Business and
Professions Code, relating to professions and vocations. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1044, as amended, Nguyen. Barbering and cosmetology. 
   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.  
   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.  
   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.  
   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.  
   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.  
   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.
 
   This bill would make nonsubstantive changes to this provision.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7407.1 is added to the 
 Business and Professions Code   , to read:  
   7407.1.  The board shall determine by regulation when a fine shall
be assessed to both the holder of the establishment license and the
individual licensee for the same violation. The board shall also
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 board
shall consider the egregiousness of the violation of the health and
safety regulations and whether the violation is a repeated violation
by an individual licensee within the same establishment. 
   SEC. 2   .    Section 7408.1 is added to the
  Business and Professions Code   , to read: 

   7408.1.  The board may enter into a payment plan for citations
with administrative fines that exceed five hundred dollars ($500).
The board shall define by regulation the parameters of the payment
plan, which shall include, but shall not be not limited to, the terms
of the plan and grounds for cancellation of the plan.  

  SECTION 1.    Section 7401 of the Business and
Professions Code is amended to read:
   7401.  (a) An individual licensed pursuant to Section 7396 shall
report to the board at the time of license renewal her or his
practice status, designated as one of the following:
   (1) Full-time practice in California.
   (2) Full-time practice outside of California.
   (3) Part-time practice in California.
   (4) Not working in the industry.
   (5) Retired.
   (6) Other practice status, as may be further defined by the board.

   (b) An individual licensed pursuant to Section 7396 shall, at the
time of license renewal, identify herself or himself on the
application as one of the following:
   (1) Employee.
   (2) Independent contractor or booth renter.
   (3) Salon owner.
   (c) An individual licensed pursuant to Section 7347 shall report
to the board at the time of license renewal, whether either of the
following is applicable to her or him:
   (1) She or he has a booth renter operating in the establishment.
   (2) She or he has an independent contractor operating in the
establishment.