BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 374
                                                                  Page  1

          Date of Hearing:   July 15, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   SB 374 (Calderon) - As Amended:  June 24, 2009 

          Policy Committee:                              Business and  
          Professions  Vote:                            6 - 3 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill establishes educational and training requirements for  
          personal trainers (PTs) and after January 1, 2012, prohibits a  
          person from calling themselves a PT unless they meet the  
          requirements. Specifically, this bill: 

          1)Requires a PT to have a bachelor's degree in exercise science  
            or a closely related field, or be certified by an accredited  
            organization.

          2)Exempts individuals who only provide training in a particular  
            discipline such as yoga or pilates. 

          3)Establishes administrative fines for violations of these  
            provisions.

          4)Requires the Department of Consumer Affairs (DCA), upon  
            appropriation of necessary funds from the Legislature, to  
            investigate complaints pertaining to PTs, refer them to the  
            appropriate district attorney's office, and collect  
            administrative fines.

           FISCAL EFFECT  

          1)On-going costs in excess of $400,000 per year for the workload  
            associated with DCA reviewing complaints, maintaining required  
            documentation, forwarding complaints to appropriate district  
            attorneys' offices, and collecting fines. 

          2)Unknown, likely moderate reimbursable mandate costs associated  
            with district attorneys' offices investigating complaints and  








                                                                  SB 374
                                                                  Page  2

            enforcing the provisions of this legislation. 

          3)Annual administrative fine revenue of approximately $600,000,  
            of which $300,000 will be provided to DCA to offset the costs  
            of the program and $300,000 will be provided to the  
            appropriate district attorneys to offset the costs of their  
            investigations. 

           COMMENTS

          1)Rationale  .  The intent of this legislation is to  
            professionalize personal trainers and allow those with  
            appropriate training and expertise to stand out from those who  
            may not be appropriately trained by limiting the use of the  
            term PT to individuals who meet certain education and training  
            criteria. The author contends that "this will help customers  
            make informed choices about who they pick to train them.   
            Further, this also helps reputable trainers by making sure  
            they stand out from trainers with less education and  
            training."

          2)Opposition  . DCA, in opposition to this legislation, questions  
            "the severity of the issues regarding personal trainers, and  
            the causal link between the injuries the author cites and  
            personal trainers.  For one thing the Department is not aware  
            of significant harm done by personal trainers.  It should be  
            pointed out that any time an individual engages in strenuous  
            exercise, there is a risk of injury.  It is also worth noting  
            that this bill does not provide for any enforcement of its  
            provisions, which might mitigate much of what this bill seeks  
            to do.  Lastly, the Department believes that this bill could  
            result in less consumer choice, and higher prices for personal  
            training services.  For these reasons, the Department does not  
            believe that placing the regulatory burdens this bill would  
            impose on PTs is justified at this time."

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081