California 2009-2010 Regular Session Status: Passed Senate

SB 374 — Personal trainers.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law imposes requirements for a person to hold himself or herself out as a member of a particular vocation or profession, but does not impose those requirements with respect to personal trainers. This bill would provide that a person may not hold himself or herself out as a personal trainer, as defined, unless he or she has a bachelor's degree in either exercise science, kinesiology, fitness science, or another closely related field, or is certified by a national independent organization, as specified, or by an organization accredited by the Council for Higher Education Accreditation, the American National Standards Institute, or by the United States Department of Education. The bill would also require a potential employer, other than an individual, to verify that a person holding himself or herself out as a personal trainer is so accredited or certified. The bill would also require a person holding himself or herself out as a personal trainer to renew and maintain his or her accreditation or certification. Under the bill, a first failure to meet this requirement would subject the person to a $500 administrative fine, a second failure would be subject to a $750 fine, and a third failure would be subject to a $1,000 fine and the person could no longer hold himself or herself out as a personal trainer. These fines would be collected by the Department of Consumer Affairs, and deposited into the Consumer Affairs Fund within the State Treasury, and, upon appropriation by the Legislature 50% of the fine money would be transferred to the office of the district attorney for the county in which the personal trainer resides. This bill, upon appropriation therefor, would also require the department to receive consumer complaints regarding personal trainers and to forward a complaint to the district attorney for the county in which the personal trainer resides. The bill would require the district attorney to investigate the complaint, including determining whether the person is accredited or certified as required, thereby imposing a state-mandated local program. The bill would become operative on January 1, 2012. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Set, second hearing. Held in committee and under submission.

  4. Set, first hearing. Referred to APPR. suspense file.

  5. (Heard in committee on June 30.)

  6. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 3.) Re-referred to Com. on APPR.

  7. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.

  8. To Com. on B. & P.

  9. In Assembly. Read first time. Held at Desk.

  10. Read third time. Passed. (Ayes 22. Noes 13. Page 619.) To Assembly.

  11. Read second time. To third reading.

  12. Placed on second reading file.

  13. Withdrawn from committee.

  14. From committee: Do pass, but first be re-referred to Com. on RLS. (Ayes 7. Noes 2. Page 806.) Re-referred to Com. on RLS.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  16. Set for hearing April 13.

  17. To Coms. on B., P. & E.D. and RLS.

  18. From print. May be acted upon on or after March 28.

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Calderon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate 3rd Reading SB374 Calderon

Passed 23 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201204
Democratic 3000
Republican 0100
Total 231304
% of votes cast 58%33%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Florez — Yea
Alquist — Yea
Ashburn — Yea
Wyland — Not Voting
Negrete — Yea
Runner — Nay
Cogdill — Nay
Harman — Not Voting
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Benoit — Nay
Correa — Nay
Cox — Nay
Ducheny — Not Voting
Dutton — Nay
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Kehoe — Yea
Maldonado — Nay
Oropeza — Yea
Pavley — Yea
Steinberg — Yea
Wright — Not Voting
Corbett — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass, but re-refer to the Committee on Rules.

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Negrete — Yea
McLeod — Yea
Oropeza — Yea
Aanestad — Nay
Romero — Yea
Walters — Nay
Wyland — Yea
Corbett — Yea
Correa — Not Voting
Florez — Yea

Official roll call →

Subjects

public-safety labor health-insurance
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Frequently asked questions

What does SB 374 do?
Existing law imposes requirements for a person to hold himself or herself out as a member of a particular vocation or profession, but does not impose those requirements with respect to personal trainers. This bill would provide that a person may not hold himself or herself out as a personal trainer, as defined, unless he or she has a bachelor's degree in either exercise science, kinesiology, fitness science, or another closely related field, or is certified by a national independent organization, as specified, or by an organization accredited by the Council for Higher Education Accreditation, the American National Standards Institute, or by the United States Department of Education. The bill would also require a potential employer, other than an individual, to verify that a person holding himself or herself out as a personal trainer is so accredited or certified. The bill would also require a person holding himself or herself out as a personal trainer to renew and maintain his or her accreditation or certification. Under the bill, a first failure to meet this requirement would subject the person to a $500 administrative fine, a second failure would be subject to a $750 fine, and a third failure would be subject to a $1,000 fine and the person could no longer hold himself or herself out as a personal trainer. These fines would be collected by the Department of Consumer Affairs, and deposited into the Consumer Affairs Fund within the State Treasury, and, upon appropriation by the Legislature 50% of the fine money would be transferred to the office of the district attorney for the county in which the personal trainer resides. This bill, upon appropriation therefor, would also require the department to receive consumer complaints regarding personal trainers and to forward a complaint to the district attorney for the county in which the personal trainer resides. The bill would require the district attorney to investigate the complaint, including determining whether the person is accredited or certified as required, thereby imposing a state-mandated local program. The bill would become operative on January 1, 2012. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors SB 374?
SB 374 is sponsored by Calderon.
What is the current status of SB 374?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 374?
Track SB 374 free on One Click Politics — get push/email alerts when it moves.

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