California 2015-2016 Regular Session Status: To Executive 1 D cosponsors

SB 896 — Barbering and cosmetology: nail care establishments: credit and debit cards.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Barbering and Cosmetology Act, provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology. The act requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board, as specified, and requires a licensed establishment to comply with various requirements. A violation of the Barbering and Cosmetology Act is generally a misdemeanor. Existing law declares that every gratuity, as defined, is the sole property of the employee or employees to whom it was paid, given, or left for. Existing law prohibits an employer from collecting, taking, or receiving any gratuity, or part thereof, that is paid, given to, or left for an employee by a patron, from deducting any amount from wages due an employee on account of a gratuity, or requiring an employee to credit the amount, or any part thereof, of a gratuity against and as part of the wages due an employee. Existing law also requires an employer that permits patrons to pay gratuities by credit card to pay the employee the full amount of the gratuity without any deductions for any credit card payment processing or costs, and to pay a gratuity made by a patron using a credit card to an employee not later than the next regular payday. This bill would require an establishment offering nail care services, if it accepts a debit or credit card as payment for nail care services, to also accept a debit or credit card for payment of a tip or gratuity, consistent with the above existing law regarding gratuities. By expanding the scope of the criminal penalty provisions of the Barbering and Cosmetology Act, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 29. Noes 5. Page 4862.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 61. Noes 2. Page 5713.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 14. Noes 0.) (June 29).

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (June 21). Re-referred to Com. on APPR.

  11. Re-referred to Com. on B. & P. pursuant to Assembly Rule 96.

  12. Referred to Com. on L. & E.

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

  14. Read third time. Passed. (Ayes 27. Noes 4. Page 3962.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Read third time and amended.

  18. Read second time. Ordered to third reading.

  19. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  21. Set for hearing May 2.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3591.) (April 18). Re-referred to Com. on APPR.

  23. Set for hearing April 18.

  24. Re-referred to Com. on B., P. & E.D.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  26. Referred to Com. on RLS.

  27. From printer. May be acted upon on or after February 21.

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

Sponsors

  • Chiu · Cosponsor
  • Mendoza · Cosponsor
  • Nguyen · Primary
  • Lena A. Gonzalez · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Nguyen

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Unfinished Business SB896 Nguyen Concurrence

Passed 29 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 26505
Democratic 3000
Total 29505
% of votes cast 74%13%0%13%
How each member voted (39)
Member Party Vote
Hernandez — Not Voting
Hertzberg — Yea
Lara — Yea
Fuller — Yea
Glazer — Nay
Cannella — Yea
Anderson — Yea
Bates — Yea
Galgiani — Yea
Hill — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Mitchell — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Allen — Nay
De León — Not Voting
Hall — Not Voting
Hancock — Not Voting
Beall — Yea
Hueso — Yea
Huff — Yea
Block — Not Voting
Leno — Nay
Leyva — Nay
Monning — Nay
Vidak — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 896 Nguyen Senate Third Reading By GONZALEZ

Passed 61 Yea · 2 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 532015
Democratic 5000
Republican 3002
Total 612017
% of votes cast 76%3%0%21%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Linder — Not Voting
Maienschein — Yea
Mathis — Yea
Melendez — Not Voting
O'Donnell — Yea
Quirk — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Obernolte — Not Voting
Steinorth — Not Voting
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gatto — Nay
Gomez — Yea
Gordon — Yea
Lopez — Yea
Harper — Not Voting
Holden — Yea
Kim — Yea
Levine — Yea
Chang — Yea
Atkins — Yea
Low — Yea
Mayes — Yea
Gray — Nay
McCarty — Yea
Medina — Yea
Mullin — Yea
Alejo — Yea
Bigelow — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Not Voting
Cooley — Not Voting
Dababneh — Yea
Daly — Yea
Dodd — Yea
Nazarian — Yea
Olsen — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Hadley — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 14 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 12004
Democratic 2000
Republican 0002
Total 14006
% of votes cast 70%0%0%30%
How each member voted (20)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Obernolte — Not Voting
Quirk — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Holden — Yea
Bonilla — Not Voting
Daly — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 13 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13100
Republican 0002
Total 13102
% of votes cast 81%6%0%13%
How each member voted (16)
Member Party Vote
Baker — Yea
Bloom — Yea
Brough — Yea
Eggman — Yea
Chávez — Yea
Campos — Yea
Salas — Yea
Holden — Yea
Dodd — Yea
Mullin — Yea
Ting — Yea
Wood — Yea
Gatto — Nay
Gomez — Yea
Dahle, Megan Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

3rd Reading

Passed 27 Yea · 4 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 24409
Democratic 3000
Total 27409
% of votes cast 68%10%0%23%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hancock — Yea
Hernandez — Not Voting
Hertzberg — Yea
Hill — Nay
Moorlach — Yea
Morrell — Yea
Wolk — Yea
Fuller — Yea
Glazer — Nay
Cannella — Yea
Galgiani — Yea
Mitchell — Yea
Beall — Yea
Hall — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Hueso — Yea
Leno — Nay
Vidak — Yea
Block — Not Voting
Huff — Not Voting
Leyva — Nay
Monning — Not Voting
Pavley — Not Voting
Wieckowski — Not Voting
Allen — Not Voting
De León — Not Voting
Runner — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 896 do?
Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology. The act requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board, as specified, and requires a licensed establishment to comply with various requirements. A violation of the Barbering and Cosmetology Act is generally a misdemeanor. Existing law declares that every gratuity, as defined, is the sole property of the employee or employees to whom it was paid, given, or left for. Existing law prohibits an employer from collecting, taking, or receiving any gratuity, or part thereof, that is paid, given to, or left for an employee by a patron, from deducting any amount from wages due an employee on account of a gratuity, or requiring an employee to credit the amount, or any part thereof, of a gratuity against and as part of the wages due an employee. Existing law also requires an employer that permits patrons to pay gratuities by credit card to pay the employee the full amount of the gratuity without any deductions for any credit card payment processing or costs, and to pay a gratuity made by a patron using a credit card to an employee not later than the next regular payday. This bill would require an establishment offering nail care services, if it accepts a debit or credit card as payment for nail care services, to also accept a debit or credit card for payment of a tip or gratuity, consistent with the above existing law regarding gratuities. By expanding the scope of the criminal penalty provisions of the Barbering and Cosmetology Act, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Who sponsors SB 896?
SB 896 is sponsored by Chiu, Mendoza, Nguyen, and Gonzalez, Lena A. (Democratic).
What is the current status of SB 896?
This bill died with 2015-2016 Regular Session. It reached “To Executive” 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 896?
Track SB 896 free on One Click Politics — get push/email alerts when it moves.

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