BILL NUMBER: AB 2575 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Furutani
FEBRUARY 24, 2012
An act to amend repeal Section
326 7303.2 of the Business and
Professions Code, relating to consumer complaints
barbering and cosmetology .
LEGISLATIVE COUNSEL'S DIGEST
AB 2575, as amended, Furutani. Consumer complaints.
Barbering and Cosmetology Act: reporting requirements.
Existing law, the Barbering and Cosmetology Act, establishes the
State Board of Barbering and Cosmetology in the Department of
Consumer Affairs. Existing law requires that, not later than
September 1, 2005, the board conduct various studies, some in
conjunction with the Office of Examination Resources and some in
coordination with the Department of Industrial Relations, and to
report the results to the department and to the Joint Committee on
Boards, Commissions, and Consumer Protection in the Legislature.
This bill would repeal the provisions regarding these reporting
requirements.
Existing law creates the Department of Consumer Affairs to protect
the interests of consumers regarding the purchase of goods or
services. The director of the department, upon receipt of a customer
complaint indicating probable violations, as specified, is required
to forward it to the appropriate regulatory or law enforcement
agency.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7303.2 of the
Business and Professions Code is repealed.
7303.2. The board shall conduct the following studies and
reviews, and shall report its findings and recommendations to the
department and the Joint Committee on Boards, Commissions, and
Consumer Protection no later than September 1, 2005:
(a) The board, pursuant to Section 139 and in conjunction with the
Office of Professional Examination Services of the department, shall
review the 1600 hour training requirement for cosmetologists.
(b) The board, in conjunction with the Office of Professional
Examination Services of the department, shall evaluate the
equivalency of the national exam.
(c) The board shall conduct a study to assess the costs and
benefits associated with requiring all applicants to submit
fingerprint cards for background investigations.
(d) The board, in coordination with the Department of Industrial
Relations, shall review all components of the apprenticeship program,
including, but not limited to, the following:
(1) Apprenticeship curriculum requirements.
(2) The standards for the preapprentice trainers, program
sponsors, trainers, and placement establishments. The board shall pay
particular attention to ways to eliminate duplicative regulations.
(e) The board shall review all components of the externship
program. In addition to structural changes, the board shall address
the following:
(1) Whether the program should be eliminated.
(2) Whether the program should be available to all students, not
just cosmetology students attending private schools.
(3) Whether the students should be paid.
(f) The board shall assess the costs and benefits associated with
same day licensing. If the board determines that the benefits of same
day licensing outweigh the costs, the board shall immediately plan
and implement safety measures to protect site staff and undispersed
licenses.
(g) The board, in conjunction with the Office of Professional
Examination Services of the department, shall assess the validity of
aggregate scoring for board applicants.
SECTION 1. Section 326 of the Business and
Professions Code is amended to read:
326. (a) Upon receipt of any complaint pursuant to Section 325,
the director may notify the person against whom the complaint is made
of the nature of the complaint and may request appropriate relief
for the consumer.
(b) The director shall also transmit any valid complaint to the
local, state or federal agency whose authority provides the most
effective means to secure the relief.
The director shall, if appropriate, advise the consumer of the
action taken on the complaint and of any other means which may be
available to the consumer to secure relief.
(c) If the director receives a complaint or receives information
from any source indicating a probable violation of any law, rule, or
order of any regulatory agency of the state, or if a pattern of
complaints from consumers develops, the director shall transmit a
complaint he or she considers to be valid to an appropriate law
enforcement or regulatory agency and any evidence or information he
or she may have concerning the probable violation or pattern of
complaints or request the Attorney General to undertake appropriate
legal action. It shall be the continuing duty of the director to
discern patterns of complaints and to ascertain the nature and extent
of action taken with respect to the probable violations or pattern
of complaints.