Legislature(2001 - 2002)

04/08/2002 01:52 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ 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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