SB2398 SD2.DOC

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to part XXX to be appropriately designated and to read as follows:

"§321- Restrictions on sale of tattoo supplies. (a) No tattoo supplies shall be sold to any person under the age of eighteen years.

(b) No tattoo supplies shall be sold to:

(1) Any person not licensed under this chapter as a tattoo artist; or

(2) Any tattoo shop without a permit issued by the department pursuant to section 321-373.5 and any rules adopted pursuant to chapter 321.

§321- Blood test required for licensure. In addition to other requirements as may be imposed by the department for licensure as a tattoo artist, beginning on January 1, 2013, every applicant for a license shall pass a blood borne pathogen test developed specifically for the tattoo industry and approved by the director as a prerequisite for licensure. A person who holds a license under this part shall pass the blood borne pathogen test every four years after the initial test for licensure in order to continue to hold a license under this chapter."

SECTION 2. Section 321-373.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department may issue a temporary permit valid for a maximum of seven consecutive days per calendar year for locations other than a permitted tattoo shop for the purpose of a [~~trade show,~~] product demonstration[,] or educational demonstration; provided that the [~~show or~~] demonstration shall meet all safety and hygiene standards as specified by the director and in this chapter[.], no body modifications or body piercing shall be conducted at the demonstration, and tattoo trade shows in the State shall be prohibited. The temporary permit application shall be made in writing to the department at least sixty days prior to the scheduled event, shall include specific measures to meet specified health and safety standards, and may be subject to a site inspection. Temporary permit applicants shall pay a $50 nonrefundable application fee in addition to:

(1) A $500 nonrefundable permit fee for an event featuring not more than forty participating tattoo artists; or

(2) A $50 nonrefundable permit fee for an event featuring less than three participating tattoo artists demonstrating for educational purposes only, without compensation, consideration, or donation by the public;

provided that the department may annually increase the fees specified in paragraphs (1) and (2) by not more than $100 and $10 per year, respectively."

SECTION 3. Section 321-374, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department may issue, to tattoo artists who are not licensed in the State, temporary licenses that are valid for a maximum of fourteen consecutive days per calendar year for:

(1) Educational[~~, trade show,~~] or product demonstration purposes; or

(2) The purpose of practicing the occupation of tattoo artist at a permitted tattoo location.

Temporary licensees shall be subject to this part and applicable rules."

SECTION 4. (a) There is established a tattoo artist task force to review chapter 17, Hawaii Administrative Rules, relating to tattoo artists, with the goal of enhancing the regulation of tattoo artists. The tattoo artist task force shall be co-chaired by the chair of the senate committee on public safety, government operations, and military affairs and the chair of the house committee on public safety and military affairs. In addition to the chairs, the governor, senate president, and speaker of the house of representatives shall each select three members to the tattoo artist task force; provided that one member selected by each appointing authority shall be a person licensed under chapter 321, Hawaii Revised Statutes, as a tattoo artist.

(b) Members of the tattoo artist task force shall be exempt from chapter 84, Hawaii Revised Statutes, and task force members shall not be considered state employees because of their service on the task force.

(c) The tattoo artist task force shall hold a public meeting not less than four times for the purpose of receiving input from members of the general public.

(d) The tattoo artist task force shall report to the legislature no later than twenty days prior to the convening of the regular session of 2013 its findings and recommendations, including proposed legislation to enhance the regulation of tattoo artists. The legislative reference bureau shall assist the task force in preparing its report and any proposed legislation; provided that the task force submits a draft of the task force's proposals to the legislative reference bureau no later than November 1, 2012.

SECTION 5. Every person licensed as a tattoo artist under chapter 321, Hawaii Revised Statutes, as of the effective date of this Act shall be required to pass a blood borne pathogen test developed specifically for the tattoo industry and approved by the director of health, no later than , as a requirement to continue to be licensed as a tattoo artist.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2398
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII