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Alaska State Law:

04/05/00                    Senate Journal                   Page 2888
SB 34                                                                        
and so, CS FOR SENATE BILL NO. 34(FIN) passed the Senate on                    
reconsideration.                                                               
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the passage of the bill be considered the vote on the effective             
date clauses. Without objection, it was so ordered and the bill was            
referred to the Secretary for engrossment.                                     

 

04/05/00                    Senate Journal                   Page 2888
SB 34                                                                        
CS FOR SENATE BILL NO. 34(FIN) An Act relating to tattooing,                   
body piercing, and ear piercing; relating to other occupations                 
regulated by the Board of Barbers and Hairdressers; relating to fees           
charged by the Board of Barbers and Hairdressers; and providing for            
an effective date was engrossed, signed by the President and                   
Secretary and transmitted to the House for consideration.                      

[HELP]Journal Text

 


04/05/00                    Senate Journal                   Page 2887
SB 34                                                                        
Senator Taylor requested that the reconsideration on CS FOR                    
SENATE BILL NO. 34(FIN) be taken up. The bill was before the                   
Senate on reconsideration.                                                     
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 34(FIN) An Act relating to tattooing, body piercing, and ear               
piercing; relating to other occupations regulated by the Board of              
Barbers and Hairdressers; relating to fees charged by the Board of             
Barbers and Hairdressers; and providing for an effective date pass             
the Senate? The roll was taken with the following result:                      
                                                                               
CSSB 34(FIN)                                                                   
Third Reading - On Reconsideration                                             
Effective Dates                                                                
                                                                               
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Halford, Hoffman, Kelly Pete,              
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips,          
Taylor, Ward, Wilken                                                           
                                                                               
Nays:  Green                                                                   
                                                                               
Absent:  Torgerson                                                             
                                                                               
04/05/00                    Senate Journal                   Page 2888
SB 34                                                                        
and so, CS FOR SENATE BILL NO. 34(FIN) passed the Senate on                    
reconsideration.                                                               
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the passage of the bill be considered the vote on the effective             
date clauses. Without objection, it was so ordered and the bill was            
referred to the Secretary for engrossment.                                     

[HELP]Bill Text

 


BILL ID: CSSB 34(FIN)

 

00 CS FOR SENATE BILL NO. 34(FIN)                                                                                        
01 "An Act relating to tattooing, body piercing, and ear piercing; relating to other                                       
02 occupations regulated by the Board of Barbers and Hairdressers; relating to fees                                        
03 charged by the Board of Barbers and Hairdressers; and providing for an effective                                        
04 date."                                                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1.  AS 08.01.065(c) is amended to read:                                                                  
07       (c)  Except as provided in (f)  and (g)  of this section, the department shall                                      
08 establish fee levels under (a) of this section so that the total amount of fees collected                               
09 for an occupation approximately equals the actual regulatory costs for the occupation.                                  
10 The department shall annually review each fee level to determine whether the                                            
11 regulatory costs of each occupation are approximately equal to fee collections related                                  
12 to that occupation.  If the review indicates that an occupation's fee collections and                                   
13 regulatory costs are not approximately equal, the department shall calculate fee                                        
14 adjustments and adopt regulations under (a) of this section to implement the                                            
01 adjustments.  In January of each year, the department shall report on all fee levels and                                
02 revisions for the previous year under this subsection to the office of management and                                   
03 budget.  If a board regulates an occupation covered by this chapter, the department                                     
04 shall consider the board's recommendations concerning the occupation's fee levels and                                   
05 regulatory costs before revising fee schedules to comply with this subsection.  In this                                 
06 subsection, "regulatory costs" means costs of the department that are attributable to                                   
07 regulation of an occupation plus                                                                                        
08        (1)  all expenses of the board that regulates the occupation if the board                                            
09 regulates only one occupation;                                                                                          
10        (2)  the expenses of a board that are attributable to the occupation if the                                          
11 board regulates more than one occupation.                                                                               
12    * Sec. 2.  AS 08.01.065 is amended by adding a new subsection to read:                                             
13       (g)  Notwithstanding (c) of this section, the department shall establish fee levels                                   
14 under (a) of this section so that the total amount of fees collected by the Board of                                    
15 Barbers and Hairdressers approximately equals the total regulatory costs of the                                         
16 department, the board, and the Department of Environmental Conservation for all                                         
17 occupations regulated by the board.  For purposes of this subsection, the regulatory                                    
18 costs of the Department of Environmental Conservation for the occupations regulated                                     
19 by the board include the cost of inspections under AS 08.13.210(b), the cost of                                         
20 developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing,                                    
21 manicuring, esthetics, tattooing, body piercing, and ear piercing establishments, and the                               
22 cost to the Department of Environmental Conservation of enforcing those regulations.                                    
23 The department shall set the fee levels for the issuance and renewal of a practitioner's                                
24 license issued under AS 08.13.100 so that the license and license renewal fees are the                                  
25 same for all occupations regulated by the Board of Barbers and Hairdressers.                                            
26    * Sec. 3.  AS 08.13.010 is amended to read:                                                                        
27       Sec. 08.13.010.  Creation and membership of board.  (a)  There is created                                           
28 the Board of Barbers and Hairdressers consisting of  six  [FIVE] members appointed by                                 
29 the governor.                                                                                                           
30       (b)  The board consists of                                                                                            
31        (1)  two persons licensed as barbers under this chapter;                                                             
01        (2)  one person licensed to practice tattooing or body piercing under                                               
02 this chapter;                                                                                                          
03         (3)   two persons licensed as hairdressers under this chapter, one of                                             
04 whom is also licensed as an esthetician under this chapter; and                                                         
05         (4)  [(3)]  one public member.                                                                                    
06    * Sec. 4.  AS 08.13.030 is amended to read:                                                                        
07       Sec. 08.13.030.  Powers and duties of the board.  (a)  The board shall                                              
08 exercise general control over the vocations of barbering, hairdressing, manicuring,                                     
09 [AND] esthetics , tattooing, and body piercing .                                                                      
10       (b)  The board shall                                                                                                  
11        (1)  examine applicants and approve the issuance of licenses and permits                                             
12 to practice;                                                                                                            
13        (2)  authorize the issuance of licenses for schools of barbering,                                                    
14 hairdressing, manicuring, and esthetics ;                                                                              
15        (3)  develop oral and written instructions and notices that tattooing                                                
16 and body piercing shop owners and practitioners are required to give or display                                         
17 under AS 08.13.215 .                                                                                                   
18       (c)  The board may                                                                                                    
19        (1)  suspend or revoke a license or permit;                                                                          
20        (2)  on its own motion or upon receipt of a written complaint, conduct                                               
21 hearings and request the Department of Community and Economic Development to                                            
22 investigate the practices of a person, shop, or school involved in the practice or                                      
23 teaching of barbering, hairdressing, manicuring, [OR] esthetics , tattooing, or body                                   
24 piercing ;                                                                                                             
25        (3)  adopt regulations or do any act necessary to carry out the provisions                                           
26 of this chapter.                                                                                                        
27    * Sec. 5.  AS 08.13.070 is amended to read:                                                                        
28       Sec. 08.13.070.  License required.  A person may not                                                                
29        (1)  practice barbering, hairdressing, [OR] esthetics , tattooing, or body                                          
30 piercing  without a license, temporary permit, temporary license, or student permit                                    
31 unless exempted under AS 08.13.160(d);                                                                                  
01        (2)  practice barbering, hairdressing, [OR] esthetics , tattooing, or body                                          
02 piercing  except in a shop or school licensed under this chapter unless exempted under                                 
03 AS 08.13.160(d) or permitted under AS 08.13.160(e);                                                                     
04        (3)  open or conduct a school of barbering, hairdressing, or esthetics                                               
05 without a license;                                                                                                      
06        (4)  teach in a school of barbering, hairdressing, or esthetics, or                                                  
07 supervise an apprentice  in barbering, hairdressing, or esthetics  without an                                         
08 instructor's license;                                                                                                   
09        (5)  operate a shop in violation of AS 08.13.120;                                                                    
10        (6)  permit an employee or other person being supervised who is not                                                  
11 exempted under AS 08.13.160(d) to practice barbering, hairdressing, [OR] esthetics ,                                   
12 tattooing, or body piercing  without a license, temporary permit, temporary license,                                   
13 or student permit;                                                                                                      
14        (7)  permit the use of the person's license, temporary permit, temporary                                             
15 license, or student permit by another person;                                                                           
16        (8)  obtain or attempt to obtain a license, temporary permit, temporary                                              
17 license, or student permit by fraudulent means.                                                                         
18    * Sec. 6.  AS 08.13.080 is amended by adding a new subsection to read:                                             
19       (d)  An applicant for a license to practice tattooing or body piercing shall                                          
20        (1)  satisfy the apprenticeship requirement of AS 08.13.082(d);                                                      
21        (2)  demonstrate to the board or the board's designee safety, sanitation,                                            
22 and sterilization techniques that indicate that the applicant has adequate knowledge of                                 
23 infection control practices and requirements relating to tattooing or body piercing, as                                 
24 applicable; this demonstration may, at the option of the board, be through a written                                    
25 examination, a practical examination, or both; and                                                                      
26        (3)  pay the appropriate fee.                                                                                        
27    * Sec. 7.  AS 08.13.082 is amended by adding a new subsection to read:                                             
28       (d)  The period of apprenticeship required to qualify an applicant for a license                                      
29 to practice either tattooing or body piercing is 75 hours for each vocation.  The                                       
30 apprentice must be at least 18 years of age when the apprenticeship commences.  An                                      
31 apprenticeship under this subsection                                                                                    
01        (1)  shall be served in a licensed shop under a person who has a                                                     
02 practitioner's license under this chapter in the field in which the apprentice seeks                                    
03 training;                                                                                                               
04        (2)  must include at least 12 hours of training in safety, sanitation,                                               
05 sterilization, and other practices necessary to prevent transmission of diseases and                                    
06 infection; and                                                                                                          
07        (3)  shall be completed in not less than six months and not more than                                                
08 one year from the date of its commencement.                                                                             
09    * Sec. 8.  AS 08.13.100(a) is amended to read:                                                                     
10       (a)  The board shall authorize the issuance of a license  for the practice of                                        
11 barbering, hairdressing, or esthetics  to each qualified applicant who has passed an                                   
12 examination under AS 08.13.090.   The board shall authorize the issuance of a                                          
13 license for the practice of tattooing or body piercing to each applicant who has                                        
14 satisfied the requirements of AS 08.13.080(d).                                                                         
15    * Sec. 9.  AS 08.13.100(b) is amended to read:                                                                     
16       (b)  A practitioner license must state the areas of practice (barbering,                                              
17 hairdressing, manicuring, esthetics,  tattooing, or body piercing  [OR ANY                                            
18 COMBINATION]) that the practitioner is qualified to perform.                                                            
19    * Sec. 10.  AS 08.13.100(d) is amended to read:                                                                    
20       (d)  A person  who holds  [HOLDING] a current valid license from a board of                                         
21 barbering, hairdressing, manicuring, or esthetics in another state  or who is licensed by                              
22 another state to practice tattooing or body piercing  is entitled to a license or                                      
23 endorsement under this chapter without examination  or a new period of                                                 
24 apprenticeship  in this state. An application must include                                                             
25        (1)  proof of a valid license issued by another licensing jurisdiction; and                                          
26        (2)  proof of completed training, testing, and working experience that                                               
27 the board finds to meet the minimum requirements of  this  [THE] state.                                               
28    * Sec. 11.  AS 08.13.100(e) is amended to read:                                                                    
29       (e)  A person licensed as an instructor is considered to be licensed as a                                             
30 practitioner and is subject to the same requirements that a practitioner is subject to, in                              
31 the same area for which the person is licensed as an instructor, except that, for                                       
01 purposes of setting fees under AS 08.01.065, the department shall consider instructors                                  
02 to be an occupation separate from practitioners.  An instructor license shall state the                                 
03 areas of practice (barbering, hairdressing, manicuring, esthetics [, OR ANY                                             
04 COMBINATION]) in which the licensee is qualified to instruct and practice.                                              
05    * Sec. 12.  AS 08.13.120 is amended to read:                                                                       
06       Sec. 08.13.120.  Shop license.  The board shall adopt regulations for the                                           
07 licensing of shops. A shop owner shall be licensed to operate a shop without                                            
08 examination, but ,  unless the shop owner is a practitioner ,  the shop owner may not                               
09 conduct business without employing a manager who is a practitioner.  This section                                       
10 does not apply to a shop  for the practice of barbering, hairdressing, or esthetics                                   
11 located in a community having a population of less than 1,000 people that is not                                        
12 within 25 miles of a community of more than 1,000 people.                                                               
13    * Sec. 13.  AS 08.13.150 is amended to read:                                                                       
14       Sec. 08.13.150.   Disciplinary sanctions and grounds  [GROUNDS] for refusal                                          
15 [, SUSPENSION, OR REVOCATION] of a license or permit.  The board may , in                                             
16 addition to the actions authorized under AS 08.01.075,  refuse, suspend, or revoke                                     
17 a license, student permit, temporary license, or temporary permit for failure to comply                                 
18 with this chapter, with a regulation adopted under this chapter,  with a regulation                                    
19 adopted by the Department of Environmental Conservation under AS 44.46.020,                                            
20 or with an order of the board.                                                                                          
21    * Sec. 14.  AS 08.13.160(d) is amended to read:                                                                    
22       (d)  The licensing and permit provisions of this chapter do not apply to                                              
23        (1)  a person practicing barbering, hairdressing, manicuring, or esthetics                                           
24 in a community having a population of less than 1,000 people that is not within 25                                      
25 miles of a community of more than 1,000 people and who uses only chemicals                                              
26 available to the general public;                                                                                        
27        (2)  the practice of manicuring by a student as part of instruction in a                                             
28 12-hour course approved under AS 08.13.110(b);                                                                          
29        (3)  a shampoo person;                                                                                               
30        (4)  a licensed health care professional;                                                                            
31        (5)  a person licensed by another licensing jurisdiction in a field of                                               
01 practice licensed by this chapter while demonstrating techniques or products to persons                                 
02 holding licenses or permits under this chapter ;                                                                       
03        (6)  a person practicing tattooing or body piercing solely on the                                                    
04 person's own body .                                                                                                    
05    * Sec. 15.  AS 08.13.170 is amended to read:                                                                       
06       Sec. 08.13.170.  Temporary permits.  The department shall issue a temporary                                         
07 permit to an applicant for licensing who holds a license to practice  barbering,                                       
08 hairdressing, manicuring, esthetics, tattooing, or body piercing  [AS A BARBER,                                        
09 HAIRDRESSER, MANICURIST, OR ESTHETICIAN] in another state.  The permit                                                  
10 is valid until the board either issues a permanent license or rejects the application.  The                             
11 board shall act on an application within six months.                                                                    
12    * Sec. 16.  AS 08.13.180 is amended to read:                                                                       
13       Sec. 08.13.180.  Student permits.   Before a  [A] person  attends                                               
14 [ATTENDING] a licensed school of barbering, hairdressing, or esthetics ,  and  before                               
15 a person  is  apprenticed to a licensed instructor in a shop approved by the board  or                               
16 apprenticed to a practitioner of tattooing or body piercing, the person  shall obtain                                  
17 a student permit.  A student permit to practice barbering or hairdressing is valid for                                  
18 two years.  A student permit to practice esthetics , tattooing, or body piercing   is valid                           
19 for one year.  A student permit may not be renewed, but, upon application, the board                                    
20 may issue a new permit to the same person or extend an expired permit to the date of                                    
21 the next scheduled examination.  Credit earned under an expired student permit may                                      
22 be transferred to a new permit as determined by the board.                                                              
23    * Sec. 17.  AS 08.13.185(a) is amended to read:                                                                    
24       (a)  The Department of Community and Economic Development shall set fees                                              
25 under AS 08.01.065 for initial licenses, endorsements, and renewals for the following:                                  
26        (1)  schools;                                                                                                        
27        (2)  school owners;                                                                                                  
28        (3)  instructor;                                                                                                     
29        (4)  shop owner;                                                                                                     
30        (5)  practitioner of barbering;                                                                                      
31        (6)  practitioner of hairdressing;                                                                                   
01        (7)  practitioner of manicuring;                                                                                     
02        (8)  practitioner of esthetics;                                                                                      
03        (9)  endorsement for advanced manicurist;                                                                            
04        (10)  practitioner of tattooing;                                                                                    
05        (11)  practitioner of body piercing;                                                                                 
06        (12)   temporary permit;                                                                                            
07         (13)  [(11)]  temporary license;                                                                                  
08         (14)  [(12)]  student permit.                                                                                     
09    * Sec. 18.  AS 08.13.190(a) is amended to read:                                                                    
10       (a)  A person who practices barbering, hairdressing, [OR] esthetics,  tattooing,                                     
11 or body piercing,  or operates a shop, or operates a school of barbering, hairdressing,                                
12 or esthetics, or teaches in a school of barbering, hairdressing, or esthetics, without a                                
13 license, temporary permit, temporary license, or student permit and who is not exempt                                   
14 under AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B misdemeanor.                                         
15    * Sec. 19.  AS 08.13 is amended by adding a new section to article 2 to read:                                      
16       Sec. 08.13.195.  Civil penalty.  (a)  In addition to any other provision of law,                                    
17 if a person violates AS 08.13.070 or 08.13.217, the board may enter an order levying                                    
18 a civil penalty.                                                                                                        
19       (b)  A civil penalty levied under this section may not exceed $5,000 for each                                         
20 offense.  In levying a civil penalty, the board shall set the amount of the penalty                                     
21 imposed under this section after taking into account appropriate factors, including the                                 
22 seriousness of the violation, the economic benefit resulting from the violation, the                                    
23 history of violations, and other matters the board considers appropriate.                                               
24       (c)  Before issuing an order under this section, the board shall provide the                                          
25 person written notice and the opportunity to request, within 30 days of issuance of                                     
26 notice by the board, a hearing on the record.                                                                           
27       (d)  In connection with proceedings under (a) and (b) of this section, the board                                      
28 may issue subpoenas to compel the attendance and testimony of witnesses and the                                         
29 disclosure of evidence, and may request the attorney general to bring an action to                                      
30 enforce a subpoena.                                                                                                     
31       (e)  A person aggrieved by the levy of a civil penalty under this section may                                         
01 file an appeal with the superior court for judicial review of the penalty under                                         
02 AS 44.62.560.                                                                                                           
03       (f)  If a person fails to pay a civil penalty within 30 days after entry of an order                                  
04 under (a) of this section, or if the order is stayed pending an appeal, within 10 days                                  
05 after the court enters a final judgment in favor of the board of an order appealed under                                
06 (e) of this section, the board shall notify the attorney general.  The attorney general                                 
07 may commence a civil action to recover the amount of the penalty.                                                       
08       (g)  An action to enforce an order under this section may be combined with an                                         
09 action for an injunction under AS 08.01.087.                                                                            
10    * Sec. 20.  AS 08.13.210 is amended to read:                                                                       
11       Sec. 08.13.210.  Health and sanitary conditions.  Health and sanitary                                               
12 conditions in shops and schools of barbering, hairdressing, manicuring, [AND]                                           
13 esthetics , tattooing, and body piercing  shall be supervised by the Department of                                    
14 Environmental Conservation.                                                                                             
15    * Sec. 21.  AS 08.13.210 is amended by adding a new subsection to read:                                            
16       (b)  The Department of Environmental Conservation shall conduct an annual                                             
17 inspection of each shop licensed for the practice of tattooing or body piercing to ensure                               
18 that the shop meets the department's standards of cleanliness and sanitation established                                
19 under AS 44.46.020.  If the Department of Environmental Conservation determines that                                    
20 the shop is not in compliance with a regulation of the department, the department shall                                 
21 report the violation to the board and take appropriate action under its own regulations.                                
22    * Sec. 22.  AS 08.13 is amended by adding new sections to read:                                                    
23       Sec. 08.13.215.  Notification requirements for tattooing and body piercing.                                         
24 (a)  Before performing a tattooing or body piercing procedure on a client, a                                            
25 practitioner shall give oral and written educational information, approved by the board,                                
26 to the client.                                                                                                          
27       (b)  After completing a tattooing or body piercing procedure on a client, the                                         
28 practitioner shall give oral and written aftercare instructions, approved by the board,                                 
29 to the client.  The written instructions                                                                                
30        (1)  must include advice to the client to consult a physician at the first                                           
31 sign of infection;                                                                                                      
01        (2)  must contain the name, address, and telephone number of the shop                                                
02 where the procedure was performed;                                                                                      
03        (3)  shall be signed and dated by the client and the practitioner; the                                               
04 practitioner shall keep the original and provide a copy to the client.                                                  
05       (c)  The owner of a shop for tattooing or body piercing shall prominently                                             
06 display                                                                                                                 
07        (1)  a copy of the statement provided by the board under                                                             
08 AS 08.13.030(b) that advises the public of the health risks and possible consequences                                   
09 of tattooing or body piercing, as applicable;                                                                           
10        (2)  the names, addresses, and telephone numbers of the board and the                                                
11 Department of Environmental Conservation and a description of how a complaint about                                     
12 the shop or a practitioner in the shop may be filed with either entity.                                                 
13       Sec. 08.13.217.  Tattooing or body piercing on a minor.  (a)  A person may                                          
14 not practice tattooing on a minor.                                                                                      
15       (b)  A person may not practice body piercing on a minor without prior written                                         
16 permission from the minor's parent or legal guardian and the presence of the parent                                     
17 or legal guardian during the body piercing procedure.  The person who performs the                                      
18 body piercing shall keep a copy of the written permission on file for at least three                                    
19 years.                                                                                                                  
20       (c)  A person who with criminal negligence violates this section is guilty of a                                       
21 class B misdemeanor.  In this subsection, "criminal negligence" has the meaning given                                   
22 in AS 11.81.900.                                                                                                        
23    * Sec. 23.  AS 08.13.220(6) is amended to read:                                                                    
24        (6)  "instructor" means a person who teaches barbering, hairdressing,                                                
25 manicuring, or esthetics in a school or who supervises an apprentice  in barbering,                                    
26 hairdressing, or esthetics ;                                                                                           
27    * Sec. 24.  AS 08.13.220(8) is amended to read:                                                                    
28        (8)  "practitioner" means a person licensed to practice barbering,                                                   
29 hairdressing, manicuring, [OR] esthetics , tattooing, or body piercing  under this                                    
30 chapter;                                                                                                                
31    * Sec. 25.  AS 08.13.220(10) is amended to read:                                                                   
01        (10)  "shop" is an establishment operated for the purpose of engaging                                                
02 in barbering, hairdressing, manicuring, [OR] esthetics , tattooing, or body piercing .                                
03    * Sec. 26.  AS 08.13.220 is amended by adding new paragraphs to read:                                              
04        (11)  "body piercing" means puncturing the body of a person by aid of                                                
05 needles or other instruments designed to be used to puncture the body for the purpose                                   
06 of inserting jewelry or other objects in or through the human body, except that, for                                    
07 purposes of this chapter, "body piercing" does not include puncturing the external part                                 
08 of the human ear;                                                                                                       
09        (12)  "tattooing" means the process by which the skin is marked or                                                   
10 colored by insertion of nontoxic dyes or pigments under the epidermis portion of the                                    
11 skin into the top quarter of the dermis so as to form indelible marks for cosmetic or                                   
12 figurative purposes.                                                                                                    
13    * Sec. 27.  AS 44.46.020 is amended to read:                                                                       
14       Sec. 44.46.020.  Duties of department.  The Department of Environmental                                             
15 Conservation shall                                                                                                      
16        (1)  have primary responsibility for coordination and development of                                                 
17 policies, programs, and planning related to the environment of the state and of the                                     
18 various regions of the state;                                                                                           
19        (2)  have primary responsibility for the adoption and enforcement of                                                 
20 regulations setting standards for the prevention and abatement of all water, land,                                      
21 subsurface land, and air pollution, and other sources or potential sources of pollution                                 
22 of the environment, including by way of example only, petroleum and natural gas                                         
23 pipelines;                                                                                                              
24        (3)  promote and develop programs for the protection and control of the                                              
25 environment of the state;                                                                                               
26        (4)  take actions that are necessary and proper to further the policy                                                
27 declared in AS 46.03.010;                                                                                               
28        (5)  adopt regulations for                                                                                           
29             (A)  the prevention and control of public health nuisances;                                                         
30             (B)  the regulation of sanitation and sanitary practices in the                                                     
31 interest of public health;                                                                                              
01             (C)  standards of cleanliness and sanitation in connection with                                                     
02 the construction, operation, and maintenance of a camp, cannery, food handling                                          
03 establishment, food manufacturing plant, mattress manufacturing establishment,                                          
04 industrial plant, school, barbershop, hairdressing, manicuring, [OR] esthetics ,                                       
05 tattooing, body piercing, or ear piercing  establishment, soft drink                                                   
06 establishment, beer and wine dispensaries, and for other similar establishments                                         
07 in which lack of sanitation may create a condition that causes disease;                                                 
08             (D)  the regulation of quality and purity of commercially                                                           
09 compressed air sold for human respiration.                                                                              
10    * Sec. 28.  AS 44.46.020 is amended by adding a new subsection to read:                                            
11       (b)  The department's regulations for tattooing and body piercing shops must                                          
12 include requirements that                                                                                               
13        (1)  the shop be equipped with appropriate sterilizing equipment, with                                               
14 availability of hot and cold running water, and with an appropriate  waste receptacle;                                  
15        (2)  the owner of the shop is responsible for ensuring that case history                                             
16 cards are kept for each client for a period of three years after the client's most recent                               
17 tattooing or body piercing;                                                                                             
18        (3)  a practitioner in the shop may use only tattooing and body piercing                                             
19 instruments that have been sterilized in accordance with methods approved by the                                        
20 department.                                                                                                             
21    * Sec. 29.  The uncodified law of the State of Alaska is amended by adding a new section                           
22 to read:                                                                                                                
23  TRANSITIONAL LICENSES.  (a)  Notwithstanding AS 08.13, as amended by this                                              
24 Act, the Board of Barbers and Hairdressers shall issue a license to practice tattooing or body                          
25 piercing to a person who                                                                                                
26   (1)  submits to the board by July 1, 2001, the proper application and fees;                                           
27   (2)  provides to the board satisfactory evidence that the person is 18 years of                                       
28 age or older and has been practicing tattooing or body piercing for a fee for at least 12 of the                        
29 24 consecutive months immediately preceding the person's application date; and                                          
30   (3)  demonstrates to the board adequate safety, sanitation, and sterilization                                         
31 techniques and knowledge of infection control practices and requirements.                                               
01  (b)  In this section,                                                                                                  
02   (1)  "body piercing" means puncturing the body of a person for a fee by aid of                                        
03 needles or other instruments designed to be used to puncture the body for the purpose of                                
04 inserting jewelry or other objects in or through the human body, except that, for purposes of                           
05 this section, "body piercing" does not include puncturing the external part of the human ear                            
06 for a fee;                                                                                                              
07   (2)  "tattooing" means the process by which, for a fee, the skin is marked or                                         
08 colored by insertion of nontoxic dyes or pigments under the epidermis portion of the skin into                          
09 the top quarter of the dermis so as to form indelible marks for cosmetic or figurative purposes.                        
10    * Sec. 30.  The uncodified law of the State of Alaska is amended by adding a new section                           
11 to read:                                                                                                                
12  TRANSITIONAL BOARD MEMBER.  Notwithstanding AS 08.13.010, as amended                                                   
13 by sec. 3 of this Act, the initial member of the Board of Barbers and Hairdressers who is                               
14 appointed to fill the seat designated for a person licensed to practice tattooing or body piercing                      
15 need not be licensed to practice tattooing or body piercing until July 1, 2002.                                         
16    * Sec. 31.  The uncodified law of the State of Alaska is amended by adding a new section                           
17 to read:                                                                                                                
18  REGULATIONS.  The Board of Barbers and Hairdressers and the Department of                                              
19 Environmental Conservation shall begin the process of developing regulations to implement                               
20 this Act.  A regulation developed under this section takes effect under AS 44.62 but not before                         
21 the effective date of the law that is implemented by the regulation.                                                    
22    * Sec. 32.  Except as provided in secs. 33 and 34 of this Act, this Act takes effect                               
23 immediately under AS 01.10.070(c).                                                                                      
24    * Sec. 33.  (a)  AS 08.13.070, as amended by sec. 5 of this Act, AS 08.13.180, as amended                          
25 by sec. 16 of this Act, AS 08.13.190(a), as amended by sec. 18 of this Act, AS 08.13.215,                               
26 enacted by sec. 22 of this Act, and AS 44.46.020, as amended by secs. 27 - 28 of this Act,                              
27 take effect July 1, 2002.                                                                                               
28  (b)  The following provision also takes effect July 1, 2002:  AS 08.13.195, enacted by                                 
29 sec. 19 of this Act, to the extent that AS 08.13.195 covers violations relating to tattooing and                        
30 body piercing other than violations of AS 08.13.217.                                                                    
31    * Sec. 34.  The following provisions take effect September 1, 2000:                                                
01   (1)  AS 08.13.217, enacted by sec. 22 of this Act;                                                                    
02   (2)  AS 08.13.195, enacted by sec. 19 of this Act, to the extent that                                                 
03 AS 08.13.195 covers violations of AS 08.13.217.