California 2011-2012 Regular Session Status: Enacted

AB 300 — Safe Body Art Act.

Last action — Chaptered by Secretary of State - Chapter 638, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 09, 2011. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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, 2012, 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 authorize 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 authorize 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 authorize a county, after December 31, 2015, 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. The bill would require a person sponsoring a body art event to obtain a permit and fulfill specified requirements and would authorize a local enforcement agency to establish reasonable regulatory fees, including, but not limited to, a fee for body art events in an amount not to exceed, but sufficient to cover, the costs of enforcement. The bill would authorize specified 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 authorize 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 bill. The bill would also authorize the local enforcement agency, in addition to these penalties, to impose a penalty of up to three times the cost of the registration or permit on a practitioner, owner of a body art facility, or sponsor of a temporary body art event who fails to obtain needed permits. This bill would authorize 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 bill 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. Chaptered by Secretary of State - Chapter 638, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 3. Page 2831.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2137.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 27).

  11. Re-referred to Com. on APPR.

  12. Withdrawn from committee.

  13. Read second time and amended. Re-referred to Com. on PUB. S.

  14. From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 8).

  15. Referred to Coms. on HEALTH and PUB. S.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 909.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 16. Noes 0.) (April 6).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (March 22). Re-referred to Com. on APPR.

  21. Re-referred to Com. on HEALTH.

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

  23. Referred to Com. on HEALTH.

  24. From printer. May be heard in committee March 12.

  25. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Ammiano · Cosponsor
  • Ma · Primary

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Ma

Co-sponsors (2)

  • Alquist
  • Ammiano

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 300 MA Concurrence in Senate Amendments

Passed 71 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 68306
Republican 2000
Democratic 1000
Total 71306
% of votes cast 89%4%0%8%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Nay
Carter — Yea
Fuentes — Yea
Fong — Yea
Butler — Yea
Furutani — Yea
Allen — Yea
Yamada — Yea
Garrick — Yea
Gatto — Yea
Hagman — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hall — Yea
Harkey — Yea
Cedillo — Yea
Hill — Yea
Atkins — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
Bonilla — Not Voting
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Donnelly — Nay
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Morrell — Nay
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Gorell — Not Voting
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Not Voting
Nestande — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB300 Ma By Alquist

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Hernandez — Yea
Dutton — Yea
Huff — Yea
Runner — Not Voting
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Not Voting
Kehoe — Yea
Pavley — Yea
Cannella — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Runner — Not Voting
Lieu — Yea
Alquist — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Not Voting
Emmerson — Yea

Official roll call →

AB 300 MA Assembly Third Reading

Passed 71 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 67007
Democratic 2001
Total 71008
% of votes cast 90%0%0%10%
How each member voted (79)
Member Party Vote
Furutani — Yea
Butler — Yea
Hagman — Yea
Hill — Yea
Carter — Yea
Alejo — Yea
Cedillo — Yea
Conway — Yea
Logue — Yea
Olsen — Yea
Williams — Yea
Fuentes — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Not Voting
Chesbro — Yea
Halderman — Not Voting
Bonilla — Yea
Atkins — Yea
Hall — Yea
Harkey — Yea
Fletcher — Not Voting
Hayashi — Yea
Beall — Yea
Davis — Yea
Donnelly — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Knight — Not Voting
Ma — Yea
Mansoor — Not Voting
Morrell — Not Voting
Norby — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Garrick — Yea
Gatto — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Not Voting
Harkey — Yea
Mitchell — Yea
Donnelly — Yea
Hill — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Eng — Yea
Gordon — Yea
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Hayashi — Yea
Ammiano — Yea
Monning — Yea
Nestande — Yea
Pan — Yea
Silva — Not Voting
Smyth — Yea
Logue — Yea
Mansoor — Not Voting
Williams — Yea
Garrick — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 300 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, 2012, 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 authorize 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 authorize 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 authorize a county, after December 31, 2015, 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. The bill would require a person sponsoring a body art event to obtain a permit and fulfill specified requirements and would authorize a local enforcement agency to establish reasonable regulatory fees, including, but not limited to, a fee for body art events in an amount not to exceed, but sufficient to cover, the costs of enforcement. The bill would authorize specified 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 authorize 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 bill. The bill would also authorize the local enforcement agency, in addition to these penalties, to impose a penalty of up to three times the cost of the registration or permit on a practitioner, owner of a body art facility, or sponsor of a temporary body art event who fails to obtain needed permits. This bill would authorize 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 bill 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 300?
AB 300 is sponsored by Alquist, Ammiano, and Ma.
What is the current status of AB 300?
This bill has been enacted into law. Introduced February 09, 2011. Enacted.
Where can I track AB 300?
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