Fiona Ma
- Democratic
Author
Under existing law, every person engaged in the business of tattooing, body piercing, or permanent cosmetics is required to register with the county in which that business is conducted, obtain a copy of the county's sterilization, sanitation, and safety standards, as established by the California Conference of Local Health Officers and distributed by the State Department of Public Health, as specified, and pay a one-time registration fee of $25. Existing law allows the county to charge an additional fee, if necessary to cover the cost of registration and inspection, and allows a county to adopt regulations that do not conflict with, or are more comprehensive than, standards adopted by the department. Under existing law, a person who fails to register or who violates the sterilization, sanitation, and safety standards is liable for a civil penalty of up to $500, to be collected in an action brought by the prosecuting attorney of the county or city and county in which the violation occurred. This bill would, as of July 1, 2011, repeal these provisions and, instead, enact the Safe Body Art Act. The act would prohibit a person from performing body art, as defined, without registering annually with the local enforcement agency. The bill would require practitioners to comply with specified requirements, including, among other things, client information and questionnaires, vaccination, bloodborne pathogen training, and sanitation. The bill would also require the owner of a body art facility, as defined, to obtain and annually renew a health permit from the local enforcement agency, as specified, and to maintain the body art facility in a specified manner. This bill would exempt from the definition of body art the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear but would impose specified requirements on that practice. The bill would allow a local enforcement agency to require facilities performing ear piercing in that jurisdiction to submit a notification form, as provided, with the local enforcement agency. The bill would allow the local enforcement agency to charge a one-time facility notification fee in an amount between $25 and $45, but not in excess of the amount required to cover the actual costs of administering and enforcing the program. The bill would allow a county, after December 31, 2014, to charge a different fee, established by local ordinance, so long as an increased fee amount is necessary to cover the actual costs of administering and enforcing the provisions. This bill would regulate the performance of body art in vehicles, temporary booths, and at body art events and would require a person sponsoring a body art event to obtain a permit and fulfill specified requirements. The bill would allow inspection by an enforcement officer, and would provide for the suspension or revocation of a certificate of registration or a health permit in specified circumstances. The bill would make performing body art without being registered, operation of a body art facility without a health permit, or operation of a temporary body art event without a permit a misdemeanor and would allow the local enforcement agency to assess an administrative penalty, in an amount not less than $25 and not more than $1,000 for violating a provision of the chapter. This bill would allow the State Department of Public Health to adopt regulations relating to specific provisions of the act that would, upon adoption, preempt the specified provision. This bill would allow a city, county, or city and county to adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of the act as those provisions relate to body art. Because this bill would place the inspection and enforcement requirements on local governments and because it creates a new crime, it 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 specified reasons.
Vetoed by Governor.
Enrolled and to the Governor at 4 p.m.
Senate amendments concurred in. To enrollment. (Ayes 66. Noes 6. Page 6731.)
Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 30. Noes 4. Page 4844.)
Read second time. To third reading.
Read third time, amended. To second reading.
Read second time. To third reading.
From committee: Do pass. (Ayes 9. Noes 0.) (June 28).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 9).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 68. Noes 0. Page 3912.)
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (January 21).
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 18. Noes 0.) (January 12).
From committee: Be re-referred to Com. on HEALTH. Re-referred. (Ayes 10. Noes 0.) (January 7).
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Re-referred to Com. on RULES. pursuant to Assembly Rule 96.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 1).
From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
From printer. May be heard in committee March 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB223 | HTML |
| 02/04/09 - Introduced | |
| 03/25/09 - Amended Assembly | |
| 04/15/09 - Amended Assembly | |
| 01/04/10 - Amended Assembly | |
| 05/17/10 - Amended Senate | |
| 06/15/10 - Amended Senate | |
| 08/20/10 - Amended Senate | |
| 09/03/10 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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