BILL NUMBER: AB 2793 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2016
An act to amend Section 53091 51033
of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2793, as amended, Jones. Local government: building
and zoning. business license: massage: bowenwork.
Existing law, the Massage Therapy Act, provides for the voluntary
certification of the practice of massage therapy by the California
Massage Therapy Council. Existing law authorizes a city, county, or
city and county to license, regulate, prohibit, or permit an
individual who provides massage for compensation without a
certificate.
Existing law authorizes the legislative body of a city or county
for incorporated areas to enact an ordinance providing for the
licensing for regulation of the business of massage when carried on
within the city or county. Existing law authorizes an ordinance to
condition the issuance of a license to engage in the business of
massage upon proof that a massage business meets specified reasonable
standards set by the ordinance.
This bill would provide that those ordinance provisions do not
apply to a person practicing bowenwork who has been certified by a
professional organization, as provided. By requiring a local
legislative body to determine whether a person practicing bowenwork
satisfies the requirements for exemption, the 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, 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.
Existing law requires each local agency to comply with all
applicable building and zoning ordinances of the county or city in
which the territory of the local agency is situated. Existing law
provides that each local agency and each school district whose school
buildings are subject to inspection by a county or city are subject
to the payment of any applicable fees, but requires that those fees
not exceed the amount charged to nongovernmental agencies for the
same services or permits.
This bill would make a nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51033 of the
Government Code is amended to read:
51033. (a) This chapter does not apply to cosmetologists,
barbers, or to persons licensed to practice any healing art pursuant
to Division 2 (commencing with Section 500) of the Business and
Professions Code or the Chiropractic Act when engaging in this
practice within the scope of his or her license.
(b) Notwithstanding any other provision of law, this chapter shall
apply to an independent contractor of any person described in
subdivision (a) if the independent contractor is engaged in, or is
purported to be engaged in, the business of massage.
(c) This chapter does not apply to a person practicing bowenwork
who has been certified by a professional organization. A person
practicing bowenwork does not practice massage therapy and limits
bowenwork practice to one or more of the following practices:
(1) Using touch, words, and directed movement to deepen awareness
of existing patterns of movement and suggest new possibilities of
movement.
(2) Using minimal touch over specific points on the body to
facilitate balance in the nervous system.
(3) Using touch to affect the energy systems, channels, or energy
of the body.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 53091 of the Government Code
is amended to read:
53091. (a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or city in
which the territory of the local agency is situated.
(b) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
(c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 shall be subject to the applicable
ordinances of a county or city requiring the payment of fees, but the
amount of fees charged to a local agency or school district shall
not exceed the amount charged under the ordinance to nongovernmental
agencies for the same services or permits.
(d) Building ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, wastewater,
or electrical energy by a local agency.
(e) Zoning ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, or for the
production or generation of electrical energy, facilities that are
subject to Section 12808.5 of the Public Utilities Code, or
electrical substations in an electrical transmission system that
receives electricity at less than 100,000 volts. Zoning ordinances of
a county or city shall apply to the location or construction of
facilities for the storage or transmission of electrical energy by a
local agency, if the zoning ordinances make provision for those
facilities.