California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 1147 — Massage therapy.

Last action — Chaptered by Secretary of State - Chapter 406, Statutes of 2014.

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

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Existing law, until January 1, 2015, provides for the voluntary certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage practitioner or massage therapist. Existing law authorizes a city, county, or city and county to impose certain requirements on massage establishments or businesses that are the sole proprietorship of an individual certified pursuant to existing state law or that employ or use only persons who are so certified. Existing law authorizes a city, county, or city and county to, among other things, adopt reasonable health and safety requirements, as specified, pertaining to those massage establishments or businesses, and to require an applicant for a business license to operate a massage business or establishment to fill out an application that requests relevant information, as specified. This bill would reenact, revise, and recast these provisions to, among other things, establish an interim board of directors to govern the council until September 15, 2015, and provide for the appointment of a new board of directors consisting of 13 members, as specified, whose 4-year terms would begin on that date. The bill would authorize the board to establish fees reasonably related to the costs of providing services and performing its duties, not to exceed $300. The bill would require the board to provide at least 90 days' advance notice prior to holding a meeting to vote upon a proposal to increase the certification fees, as specified, except as provided. The bill would also require the board to notify certificate holders of a board action that increases those fees. The bill would discontinue the issuance of new massage practitioner certificates after January 1, 2015, except as provided, but would authorize the renewal of massage practitioner certificates issued prior to January 1, 2015. The bill would require that all certificates issued pursuant to these provisions be subject to renewal every 2 years, except as provided. The bill would require the council to develop policies, procedures, rules, or bylaws governing the approval and unapproval of schools that provide education required for certification, as specified. The bill would authorize the council to deny an application for a certificate, or to discipline a certificate holder for a violation of these provisions, as specified. The bill would require the board to exercise its denial or discipline authority by means of fair and reasonable procedures that, among other things, provide the applicant or certificate holder with notice and an opportunity to be heard, as specified. The bill would provide that unprofessional conduct in violation of these provisions includes, among other things, engaging in sexually suggestive advertising related to massage services and engaging in sexual activity while providing massage services for compensation. The bill would, notwithstanding any other law, prohibit a city, county, or city and county from enacting or enforcing an ordinance that conflicts with these provisions or other corresponding specified provisions. However, the bill would authorize a city, county, or city and county to adopt or enforce local ordinances that govern zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a licensed or certified healing arts professional, including a certified massage therapist. The bill would also make clarifying and conforming changes regarding local regulation of massage establishments or businesses. The bill would authorize a court to issue an injunction or to provide any other relief it deems appropriate for violations of these provisions, as specified. The bill would provide that the powers and duties of the council are subject to review by the appropriate committees of the Legislature and would require the council to provide a specified report to these committees on or before June 1, 2016. The bill would provide that these provisions are issues of statewide concern, and therefore applicable statewide. The bill would also provide that its provisions are severable. The bill would repeal these provisions on January 1, 2017.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 406, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6717.).

  5. Assembly Rule 63 suspended. (Ayes 54. Noes 24. Page 6699.)

  6. From committee: That the Senate amendments be concurred in. (Ayes 16. Noes 0.) (August 28).

  7. From committee: That the Senate amendments be concurred in, but first be re-referred to Com. on APPR. (Ayes 12. Noes 1.) (August 28). Re-referred to Com. on APPR.

  8. (pending re-referral to Com. on APPR.)

  9. Joint Rule 62(a), file notice suspended. (Ayes 55. Noes 24. Page 6644.)

  10. Re-referred to Coms. on B.,P. & C.P. and APPR. pursuant to Assembly Rule 77.2.

  11. Action rescinded whereby the bill was re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.

  12. Joint Rule 62(a), file notice suspended. (Page 6550.)

  13. Re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.

  14. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4859.).

  16. Read second time. Ordered to third reading.

  17. Read third time and amended. Ordered to second reading.

  18. Read second time. Ordered to third reading.

  19. Read third time and amended. Ordered to second reading.

  20. Read second time. Ordered to third reading.

  21. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  23. In committee: Hearing postponed by committee.

  24. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 23).

  26. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  27. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  28. Referred to Com. on B., P. & E.D.

  29. In Senate. Read first time. To Com. on RLS. for assignment.

  30. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 1. Page 3681.)

  31. Read second time. Ordered to third reading.

  32. Pass and retain by unanimous consent.

  33. From committee: Do pass. (Ayes 11. Noes 0.) (January 21).

  34. Re-referred to Com. on B.,P. & C.P.

  35. From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

  36. In committee: Set, first hearing. Hearing canceled at the request of author.

  37. Re-referred to Com. on B.,P. & C.P.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

  39. Re-referred to Com. on B.,P. & C.P.

  40. Re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.

  41. Read third time and amended. Ordered to third reading. (Ayes 52. Noes 24. Page 1880.)

  42. Assembly Rule 69 suspended. (Ayes 51. Noes 22. Page 1879.)

  43. Ordered to third reading.

  44. From inactive file.

  45. Notice of intention to remove from inactive file given by Assembly Member Gomez.

  46. Ordered to inactive file at the request of Assembly Member Gomez.

  47. Read second time. Ordered to third reading.

  48. Read second time and amended. Ordered to second reading.

  49. From committee: Do pass as amended. (Ayes 8. Noes 4.) (May 7).

  50. Re-referred to Com. on B.,P. & C.P.

  51. From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

  52. In committee: Set, first hearing. Hearing canceled at the request of author.

  53. Re-referred to Com. on B.,P. & C.P.

  54. From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

  55. Referred to Com. on B.,P. & C.P.

  56. Read first time.

  57. From printer. May be heard in committee March 26.

  58. Introduced. To print.

Sponsors

  • Bonilla · Primary
  • Chau · Cosponsor
  • Gatto · Cosponsor
  • Gomez · Cosponsor
  • Holden · Cosponsor
  • Al Muratsuchi · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 6 voted No

Sponsors (1)

  • Bonilla

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70002
Democratic 4000
Republican 3000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Mansoor — Yea
Nazarian — Yea
Nestande — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Daly — Yea
Gorell — Yea
Campos — Yea
Holden — Yea
Chau — Yea
Allen — Yea
Bonilla — Yea
Logue — Yea
Mullin — Yea
Gray — Yea
Alejo — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Wagner — Yea
Wieckowski — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Harkey — Yea
Dababneh — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Perea — Yea
Wilk — Not Voting
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

amendments be concurred in.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Republican 1000
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Linder — Yea
Pan — Yea
Ridley-Thomas — Yea
Campos — Yea
Holden — Yea
Bocanegra — Yea
Donnelly — Not Voting
Eggman — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 12 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11101
Republican 1000
Total 12101
% of votes cast 86%7%0%7%
How each member voted (14)
Member Party Vote
Maienschein — Yea
Campos — Yea
Bocanegra — Yea
Bonilla — Yea
Gordon — Yea
Hagman — Yea
Holden — Yea
Eggman — Not Voting
Mullin — Yea
Skinner — Yea
Ting — Yea
Wilk — Nay
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2001
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Beall — Yea
Hernandez — Yea
Hill — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Steinberg — Yea
Vidak — Yea
Wright — Not Voting
Evans — Yea
DeSaulnier — Yea
Wyland — Yea
Correa — Yea
Huff — Yea
Mitchell — Yea
De León — Yea
Fuller — Yea
Cannella — Yea
Corbett — Yea
Hueso — Not Voting
Anderson — Yea
Block — Yea
Lara — Yea
Morrell — Yea
Nielsen — Not Voting
Pavley — Yea
Roth — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
Galgiani — Yea
Yee — Not Voting
Hancock — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 68 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 621010
Democratic 4000
Republican 2001
Total 681011
% of votes cast 85%1%0%14%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Not Voting
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Mansoor — Not Voting
Medina — Yea
Nazarian — Yea
Nestande — Not Voting
Olsen — Yea
Pan — Yea
Quirk — Not Voting
Skinner — Yea
Ting — Yea
Waldron — Yea
Allen — Yea
Dababneh — Yea
Holden — Yea
Linder — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Ammiano — Yea
Harkey — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Logue — Not Voting
Maienschein — Yea
Melendez — Not Voting
Morrell — Yea
Mullin — Yea
Perea — Yea
Rendon — Yea
Campos — Yea
Chau — Yea
Chesbro — Yea
Chávez — Not Voting
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Not Voting
Williams — Yea
Daly — Yea
Eggman — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Hagman — Not Voting
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Republican 0001
Total 11003
% of votes cast 79%0%0%21%
How each member voted (14)
Member Party Vote
Maienschein — Yea
Bocanegra — Yea
Bonilla — Yea
Campos — Yea
Gordon — Yea
Hagman — Not Voting
Holden — Yea
Eggman — Yea
Mullin — Yea
Ting — Yea
Wilk — Not Voting
Dickinson — Yea
Gomez — Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Passed 52 Yea · 24 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 462002
Democratic 6100
Republican 0301
Total 522403
% of votes cast 66%30%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Jones-Sawyer — Yea
Linder — Nay
Logue — Nay
Maienschein — Nay
Mansoor — Nay
Medina — Yea
Nazarian — Yea
Quirk — Yea
Wilk — Nay
Gorell — Nay
Chávez — Nay
Conway — Nay
Holden — Not Voting
Bigelow — Nay
Donnelly — Nay
Eggman — Not Voting
Melendez — Nay
Morrell — Nay
Nestande — Nay
Olsen — Nay
Wagner — Nay
Waldron — Nay
Frazier — Yea
Gatto — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Hagman — Nay
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Hall — Yea
Levine — Yea
Bocanegra — Yea
Mullin — Yea
John A. Pérez — Yea
Salas — Yea
Bloom — Yea
Chesbro — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Gonzalez — Yea
Gordon — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8301
Republican 0100
Total 8401
% of votes cast 62%31%0%8%
How each member voted (13)
Member Party Vote
Maienschein — Nay
Wilk — Nay
Gordon — Yea
Hagman — Nay
Campos — Yea
Holden — Not Voting
Bocanegra — Yea
Eggman — Yea
Mullin — Yea
Skinner — Yea
Ting — Yea
Dickinson — Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1147 do?
Existing law, until January 1, 2015, provides for the voluntary certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage practitioner or massage therapist. Existing law authorizes a city, county, or city and county to impose certain requirements on massage establishments or businesses that are the sole proprietorship of an individual certified pursuant to existing state law or that employ or use only persons who are so certified. Existing law authorizes a city, county, or city and county to, among other things, adopt reasonable health and safety requirements, as specified, pertaining to those massage establishments or businesses, and to require an applicant for a business license to operate a massage business or establishment to fill out an application that requests relevant information, as specified. This bill would reenact, revise, and recast these provisions to, among other things, establish an interim board of directors to govern the council until September 15, 2015, and provide for the appointment of a new board of directors consisting of 13 members, as specified, whose 4-year terms would begin on that date. The bill would authorize the board to establish fees reasonably related to the costs of providing services and performing its duties, not to exceed $300. The bill would require the board to provide at least 90 days' advance notice prior to holding a meeting to vote upon a proposal to increase the certification fees, as specified, except as provided. The bill would also require the board to notify certificate holders of a board action that increases those fees. The bill would discontinue the issuance of new massage practitioner certificates after January 1, 2015, except as provided, but would authorize the renewal of massage practitioner certificates issued prior to January 1, 2015. The bill would require that all certificates issued pursuant to these provisions be subject to renewal every 2 years, except as provided. The bill would require the council to develop policies, procedures, rules, or bylaws governing the approval and unapproval of schools that provide education required for certification, as specified. The bill would authorize the council to deny an application for a certificate, or to discipline a certificate holder for a violation of these provisions, as specified. The bill would require the board to exercise its denial or discipline authority by means of fair and reasonable procedures that, among other things, provide the applicant or certificate holder with notice and an opportunity to be heard, as specified. The bill would provide that unprofessional conduct in violation of these provisions includes, among other things, engaging in sexually suggestive advertising related to massage services and engaging in sexual activity while providing massage services for compensation. The bill would, notwithstanding any other law, prohibit a city, county, or city and county from enacting or enforcing an ordinance that conflicts with these provisions or other corresponding specified provisions. However, the bill would authorize a city, county, or city and county to adopt or enforce local ordinances that govern zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a licensed or certified healing arts professional, including a certified massage therapist. The bill would also make clarifying and conforming changes regarding local regulation of massage establishments or businesses. The bill would authorize a court to issue an injunction or to provide any other relief it deems appropriate for violations of these provisions, as specified. The bill would provide that the powers and duties of the council are subject to review by the appropriate committees of the Legislature and would require the council to provide a specified report to these committees on or before June 1, 2016. The bill would provide that these provisions are issues of statewide concern, and therefore applicable statewide. The bill would also provide that its provisions are severable. The bill would repeal these provisions on January 1, 2017.
Who sponsors AB 1147?
AB 1147 is sponsored by Bonilla, Chau, Gatto, Gomez, Holden, and Muratsuchi, Al (Democratic).
What is the current status of AB 1147?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track AB 1147?
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