STAND. COM. REP. NO.  1041

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 1263

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No. 1263, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TATTOO ARTISTS,"

begs leave to report as follows:

     The purpose of this bill is to protect consumers of services in the tattooing industry by:

(1)  Requiring a permit issued by the Department of Health (DOH) for the operation of a tattoo shop; and

(2)  Providing for the issuance of temporary licenses for qualified out-of-state tattoo artists participating in events such as educational, trade show, or product demonstration purposes.

     The Hawaii Medical Association, Coalition for Safe Tattooing in Hawaii, and several concerned individuals supported this bill.  DOH submitted comments.

     Your Committee has amended this bill by:

(1)  Clarifying that participating tattoo artists in certain events for monetary gain will require payment of a $500 fee;

(2)  Requiring DOH to notify an applicant for a temporary license of the status of the application within twenty days;

(3)  Clarifying the types of violations that may subject a tattoo artist to license revocation, including:

(A)  Reckless behavior or negligence;

(B)  An arrest or conviction for substance abuse or trafficking of illegal substances;

(C)  Disability caused by a mental disorder; or

(D)  Aiding another person in practicing tattooing under false pretenses;

     and

(4)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1263, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1263, S.D. 2, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

RYAN I. YAMANE, Chair