Legislature(2001 - 2002)
04/08/2002 01:52 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 443
"An Act retroactively extending the application and
licensing deadlines and amending the effective date of
certain provisions relating to regulation of persons
who practice tattooing and permanent cosmetic coloring
or body piercing; and providing for an effective date."
REPRESENTATIVE VIC KOHRING, SPONSOR, testified in support of
the legislation. He observed that he had been contacted by
businesses that had trouble meeting application deadlines
and would likely go out of business without statutory
modification. In 2000, the Legislature passed SB 34 to
address health and safety concerns by bringing tattoo and
body piercing practitioners under the regulation and
licensing requirement of AS 08.13, which deals with Barbers
and Hairdressers. The legislation established qualification
and training requirements for license applicants,
regulations for shop licenses, and sets application deadline
and initial licensing dates. The legislation addressed the
application deadline.
Representative Kohring noted that because the 2000
legislation contained a date deadline, it did not allow the
department any mechanism for a grace period or appeal
process for an applicant that missed the new license
application deadline. The application is for a transitional
license. The transitional license would be granted to
existing practitioners to allow them to keep practicing
under the new license and regulation law. The intent is to
give qualified parishioners that missed the initial
application deadline the opportunity to apply for a
transitional deadline. The intent is not to change any of
the qualifications or regulations established by SB 34
Representative Kohring would change the application deadline
[from July 1, 2001, to October 1, 2002] and the licensing
requirement date. He observed that the Board of Barbers and
Hairdressers passed a resolution in support of the
legislation.
Vice-Chair Bunde questioned how many times the deadline
would need to be extended.
SHARRON O'DELL, STAFF, REPRESENTATIVE KOHRING, explained
that the original deadline was July 2, 2001. The department
created their mailing list from catch phrases in existing
business license, such as permanent coloring. There are some
businesses that do not have such verbiage in their licenses
and were not notified of the deadline. She observed that
they have a list of thirteen that did not receive notice.
Representative Hudson asked if the legislation changes any
of the regulatory standards. Ms. O'Dell clarified that no
qualifications would be changed. All of the requirements
were established in the previous legislation. She reiterated
that notifications were made. Some of the businesses were
not easily recognized for notification, since it is a brand
new license. She noted that 13 practitioners were missed.
Representative Hudson questioned the need for a $3.3
thousand dollar fiscal note.
Representative John Davies observed that one of the persons
appointed to the board failed to license themselves. He
questioned why the date needed to be changed.
Ms. O'Dell clarified that section 2 pertain to the license
requirement. A license cannot be required prior to the
application deadline. The later deadline would allow the
division time to process applications and send
notifications, test new applicants and allow applicants to
pass the test. She noted that licenses are currently being
issued.
Representative John Davies questioned why the requirement to
have a license to be on the board needed to be changed.
MARY SIROKY, LEGISLATIVE LIAISONS, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, spoke in support of the
legislation. She noted regulations for sanitary standards
have been drafted and have gone through the public process.
Under the legislation, the regulations would be re-noticed
and put through another public process.
TAPE HFC 02 - 76, Side B
Ms. Siroky observed that public notices were published in 9
newspapers; the division sent out 2,500 letters. The fiscal
note would provide funding for public notice in three
newspapers.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT,
provided information on the legislation. She observed that
the Board of Barbers and Hairdressers support the
legislation. The legislation moves forward several sections
of the law from July 1, to December 1, 2002. There is one
board member that has applied for his license and she
anticipates that he will obtain his license prior to July 1,
2002. She explained that grandfather provisions would allow
practitioners who had practiced in the last 44 months to
forego the one-year apprenticeship under a licensed
practitioner. The initial practitioners would only have to
pass the test. A number of persons that have missed the
deadline would be required to meet the apprenticeship
requirement if the deadline is not extended. Approximately
eight persons have received licenses.
In response to a question by Representative Davies, Ms.
Reardon noted that the board member applicant would have to
pass the test before a license would be issued. She did not
think the provision in the legislation would be harmful, but
noted that it could be taken out if there were concerns.
JEFF MARTIN, MATSU, testified via teleconference in support
of the legislation. He did not know of the licensing
requirement until a month after the deadline. He felt
confident that everyone in the industry was now aware of the
legislation. He began his business in April 2001, but has
been tattooing for 15 years.
ANDY KOPLEZENSKI, MATSU testified via teleconference in
support. He has been in the industry for 20 years.
Representative Foster MOVED to report CSHB 443 (L&C) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 443 (L&C) was REPORTED out of Committee with a "do
pass" recommendation and with previously published fiscal
note: #1 (DEC).
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