California 2009-2010 Regular Session Status: To Executive

AB 223 — Safe Body Art Act.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 66. Noes 6. Page 6731.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 30. Noes 4. Page 4844.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 9. Noes 0.) (June 28).

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 9).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  14. Referred to Com. on HEALTH.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 68. Noes 0. Page 3912.)

  17. Read second time. To Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (January 21).

  19. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 18. Noes 0.) (January 12).

  20. From committee: Be re-referred to Com. on HEALTH. Re-referred. (Ayes 10. Noes 0.) (January 7).

  21. Re-referred to Com. on RULES. pursuant to Assembly Rule 96.

  22. Re-referred to Com. on APPR.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Re-referred to Com. on APPR.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  27. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 1).

  28. Re-referred to Com. on ED.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  30. Referred to Com. on ED.

  31. From printer. May be heard in committee March 7.

  32. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Blumenfield · Cosponsor
  • Carter · Cosponsor
  • Davis · Cosponsor
  • Ma · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 3 voted No

Sponsors (1)

  • Ma

Co-sponsors (4)

  • Alquist
  • Blumenfield
  • Carter
  • Davis

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 223 MA Concurrence in Senate Amendments

Passed 76 Yea · 7 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 73506
Democratic 2001
Republican 1200
Total 76707
% of votes cast 84%8%0%8%
How each member voted (90)
Member Party Vote
Hall — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Gilmore — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Coto — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Charles — Not Voting
Cook — Not Voting
Garrick — Nay
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Adams — Yea
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Logue — Not Voting
Ma — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Not Voting
Fuller — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB223 Ma By Price

Passed 31 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 28405
Democratic 2000
Republican 1000
Total 31405
% of votes cast 78%10%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Ducheny — Yea
Dutton — Yea
Runner — Yea
Wyland — Yea
Correa — Nay
Hollingsworth — Not Voting
Price — Yea
Romero — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Blakeslee — Yea
Harman — Not Voting
Huff — Yea
Leno — Yea
Oropeza — Not Voting
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Corbett — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Wyland — Not Voting
Leno — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 223 MA Consent Calendar Second Day Regular Session

Passed 77 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 710013
Democratic 3000
Republican 3000
Total 770013
% of votes cast 86%0%0%14%
How each member voted (90)
Member Party Vote
Evans — Yea
Chesbro — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
Leon — Not Voting
Fuller — Yea
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Salas — Not Voting
Carter — Not Voting
Conway — Not Voting
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Davis — Not Voting
Hall — Not Voting
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Not Voting
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
DeVore — Not Voting
Fuentes — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Fuentes — Yea
Conway — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Bradford — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 23 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21000
Republican 2000
Democratic 0001
Total 23001
% of votes cast 96%0%0%4%
How each member voted (24)
Member Party Vote
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Conway — Yea
Hall — Yea
Hernandez — Yea
Nava — Yea
Ruskin — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Hayashi — Yea
Emmerson — Yea
Beth Gaines — Yea
Caballero, Anna M. Democratic Not Voting
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Be referred to Committee on Health.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Hall — Yea
Fuller — Yea
Lieu — Yea
Silva — Yea
Torlakson — Yea
Adams — Yea
Mendoza — Yea
Swanson — Not Voting
Yamada — Yea
Furutani — Yea
Beth Gaines — Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does AB 223 do?
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.
Who sponsors AB 223?
AB 223 is sponsored by Alquist, Blumenfield, Carter, Davis, and Ma.
What is the current status of AB 223?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 223?
Track AB 223 free on One Click Politics — get push/email alerts when it moves.

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