Bill Text: CA AB2025 | 2015-2016 | Regular Session | Chaptered
Bill Title: Barbering and cosmetology: labor law education requirements.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 409, Statutes of 2016. [AB2025 Detail]
Download: California-2015-AB2025-Chaptered.html
BILL NUMBER: AB 2025 CHAPTERED
BILL TEXT
CHAPTER 409
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gonzalez
(Coauthors: Assembly Members Chiu and Ting)
(Coauthor: Senator Nguyen)
FEBRUARY 16, 2016
An act to amend Sections 7312, 7314, 7314.3, 7337, 7347, and 7389
of the Business and Professions Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2025, Gonzalez. Barbering and cosmetology: labor law education
requirements.
Existing law, the Barbering and Cosmetology Act, establishes the
State Board of Barbering and Cosmetology for the licensure and
regulation of barbers, cosmetologists, estheticians, manicurists,
electrologists, and apprentices. Existing law requires the board to
carry out a list of duties, including making rules and regulations,
conducting and administering license examinations, issuing licenses
to qualified applicants, and disciplining persons who violate the
act.
This bill would require that the board offer and make available
all written materials provided to licensees and applicants in
English, Korean, Spanish, and Vietnamese.
Existing law requires the board to establish a Health and Safety
Advisory Committee to provide the board with advice and
recommendations on health and safety issues before the board.
This bill would specify that the health and safety issues are
those that impact licensees, including how to ensure licensees are
aware of basic labor laws, as specified.
Existing law requires every application for admission to
examination and licensure to be verified by the oath of the
applicant.
This bill would additionally require every application for
admission to examination and licensure and every electronic
application to renew a license to include a signed acknowledgment
that the applicant understands his or her rights as a licensee as
outlined in informational materials on basic labor laws that the
applicant is provided by the board with the application or renewal
application.
Existing law requires the licensure of any person, firm, or
corporation operating an establishment engaged in a practice
regulated by the board. Existing law requires a separate license for
each location where the establishment operates. Existing law requires
applicants to submit an application, accompanied by a prescribed
fee. Existing law prohibits the board from issuing a license to any
applicant who has committed specified acts or crimes which are
grounds for denial of licensure in effect at the time the new
application is submitted.
This bill would require, as part of a complete application for a
license to operate an establishment, and an electronic application to
renew a license to operate an establishment, a signed acknowledgment
that the applicant understands the informational materials on basic
labor laws the applicant is provided by the board with the
application or renewal application and that establishments are
responsible for compliance with any applicable labor laws of the
state.
Existing law requires the board to keep a registration record of
each licensee containing the name, address, license number, date
issued, and any facts that the applicant may have stated in the
application for examination for licensure.
This bill would require the board to collect, through optional
questions on a written application for a license and in an electronic
application to renew a license, the language preference of the
applicant.
Existing law requires the board to admit to a licensing
examination an applicant who meets certain qualifications, including
having completed one or more courses, as specified, offered by a
school approved by the board. Existing law requires the board to
develop or adopt a health and safety course on hazardous substances
that is required to be taught in schools approved by the board.
Existing law requires course development to include pilot testing of
the course and training classes to prepare instructors to effectively
use the course.
This bill would require the health and safety course that the
board is required to develop or adopt to additionally cover basic
labor laws, as specified.
This bill's provisions would become operative on July 1, 2017.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7312 of the Business and Professions Code is
amended to read:
7312. (a) The board shall do all of the following:
(1) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.
(2) Conduct and administer examinations of applicants for
licensure.
(3) Issue licenses to those applicants that may be entitled
thereto.
(4) Discipline persons who have been determined to be in violation
of this chapter or the regulations adopted pursuant to this chapter.
(5) Adopt rules governing sanitary conditions and precautions to
be employed as are reasonably necessary to protect the public health
and safety in establishments, schools approved by the board, and in
the practice of any profession provided for in this chapter. The
rules shall be adopted in accordance with the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2
of the Government Code, and shall be submitted to the State
Department of Public Health and approved by that department prior to
filing with the Secretary of State. A written copy of all those rules
shall be furnished to each licensee.
(6) Offer and make available all written materials provided to
licensees and applicants in English, Korean, Spanish, and Vietnamese.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 2. Section 7314 of the Business and Professions Code is
amended to read:
7314. (a) The board shall keep a record of its proceedings
relating to its public meetings, meetings of committees, and records
relating to the issuance, refusal, renewal, suspension, and
revocation of licenses.
(b) The board shall keep a registration record of each licensee
containing the name, address, license number, and date issued. This
record shall also contain any facts that the applicants may have
stated in their application for examination for licensure. The board
shall collect, through optional questions on a written application
for a license and in an electronic application to renew a license
issued pursuant to this chapter, the spoken and written language
preference of each applicant.
(c) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 3. Section 7314.3 of the Business and Professions Code is
amended to read:
7314.3. (a) The board shall establish a Health and Safety
Advisory Committee to provide the board with advice and
recommendations on health and safety issues before the board that
impact licensees, including how to ensure licensees are aware of
basic labor laws. Basic labor laws include, but are not limited to,
all of the following:
(1) Key differences between the legal rights, benefits, and
obligations of an employee and an independent contractor.
(2) Wage and hour rights for hourly employees.
(3) Antidiscrimination laws relating to the use of a particular
language in the workplace.
(4) Antiretaliation laws relating to a worker's right to file
complaints with the Department of Industrial Relations.
(5) How to obtain more information about state and federal labor
laws.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 4. Section 7337 of the Business and Professions Code is
amended to read:
7337. (a) Every application for admission to examination and
licensure shall be in writing, on forms prepared and furnished by the
board.
(b) Each application shall be accompanied by the required fee, and
shall contain proof of the qualifications of the applicant for
examination and licensure. It shall be verified by the oath of the
applicant and shall include a signed acknowledgment that the
applicant understands his or her rights as a licensee as outlined in
informational materials on basic labor laws, as specified in Section
7314.3, that the applicant is provided by the board with the
application. Every applicant shall, as a condition of admittance to
the examination facility, present satisfactory proof of
identification. Satisfactory proof of identification shall be in the
form of a valid, unexpired driver's license or identification card,
containing the photograph of the person to whom it was issued, issued
by any state, federal, or other government entity.
(c) Every electronic application to renew a license shall include
a signed acknowledgment that the renewal applicant understands his or
her rights as a licensee as outlined in informational materials on
basic labor laws, as specified in Section 7314.3, that the renewal
applicant is provided by the board with the renewal application.
(d) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 5. Section 7347 of the Business and Professions Code is
amended to read:
7347. (a) Any person, firm, or corporation desiring to operate an
establishment shall make an application to the bureau for a license
accompanied by the fee prescribed by this chapter. The application
shall be required whether the person, firm, or corporation is
operating a new establishment or obtaining ownership of an existing
establishment. The application shall include a signed acknowledgment
that the applicant understands that establishments are responsible
for compliance with any applicable labor laws of the state and that
the applicant understands the informational materials on basic labor
laws, as specified in Section 7314.3, the applicant is provided by
the board with the application. Every electronic application to renew
a license shall include a signed acknowledgment that the renewal
applicant understands that establishments are responsible for
compliance with any applicable labor laws of the state and that the
applicant understands the informational materials on basic labor
laws, as specified in Section 7314.3, that the renewal applicant is
provided by the board with the renewal application. If the applicant
is obtaining ownership of an existing establishment, the board may
establish the fee in an amount less than the fee prescribed by this
chapter. The applicant, if an individual, or each officer, director,
and partner, if the applicant is other than an individual, shall not
have committed acts or crimes which are grounds for denial of
licensure in effect at the time the new application is submitted
pursuant to Section 480. A license issued pursuant to this section
shall authorize the operation of the establishment only at the
location for which the license is issued. Operation of the
establishment at any other location shall be unlawful unless a
license for the new location has been obtained upon compliance with
this section, applicable to the issuance of a license in the first
instance.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
SEC. 6. Section 7389 of the Business and Professions Code is
amended to read:
7389. (a) The board shall develop or adopt a health and safety
course on hazardous substances and basic labor laws, as specified in
Section 7314.3, which shall be taught in schools approved by the
board. Course development shall include pilot testing of the course
and training classes to prepare instructors to effectively use the
course.
(b) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2017.
