BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1122| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1122 Author: John A. Pérez (D) Amended: 8/31/11 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/28/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11 AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, Price, Runner, Steinberg ASSEMBLY FLOOR : 78-0, 5/19/11(Consent) - See last page for vote SUBJECT : Tattoo removal SOURCE : Author DIGEST : This bill enacts, until January 1, 2017, the California Voluntary Tattoo Removal Program in California Emergency Management Agency, as specified, and provides that it be funded with federal and private monies. ANALYSIS : Current statute requires the Division of Juvenile Facilities (as successor to the Department of the Youth Authority) to "purchase, after a competitive bidding process, two medical devices that utilize a laser to remove a tattoo from a person's skin. The department shall CONTINUED AB 1122 Page 2 determine, through a competitive bidding process, the placement of the two medical devices pursuant to the following guidelines: 1. One of the medical devices shall be located within Los Angeles County and the other shall be located within one of the following counties: Alameda, San Francisco, San Mateo, Santa Clara, and Santa Cruz. 2. Possible sites may include: a licensed health facility, a licensed health clinic, an educational institution, or a probation office. The department may enter into an agreement with a licensed health facility to permit the health facility to use the medical device when it is not needed for tattoo removal pursuant to this section if the health facility provides tattoo removal services pursuant to this section free of charge. (Welfare and Institutions Code ÝWIC"] Section 1915) Existing law requires that the medical devices remain the property of the state. However, they shall be used in conjunction with the tattoo removal program pursuant to this section for the functional life of the medical devices. (Id.) Existing law requires that candidates for tattoo removal under this section "shall be screened by community groups working collaboratively with the operators of the sites of the tattoo removal devices. A male candidate for tattoo removal shall have a tattoo on his lower arm, hand, neck, or head. A female candidate for tattoo removal shall have a tattoo that would be visible in a professional work environment. To be eligible for participation, the presence of the tattoo must be deemed to present either a threat to the personal safety of, or an obstacle to the employability of, the candidate. Priority shall be given to candidates who have a job offer that is contingent upon removal of the tattoo. At the discretion of the organization that screens a candidate, a candidate for this tattoo removal may be required to complete 20 hours of supervised public service work in order to participate in this program. Parental consent shall be required before the tattoo of any person under 18 years of age is removed." (Id.) CONTINUED AB 1122 Page 3 Existing law requires that community groups recommended pursuant to this subdivision meet the following criteria: 1. Serve at-risk youth, exoffenders, exconvicts, or current and former gang members. 2. Possess an established record of providing community-based services for at least one year, as specified. (Id.) Current law requires that community groups that participate in this program and the operators of the sites of the tattoo removal devices solicit the pro bono services of licensed health care providers to participate in the program in order to increase the number of individuals served. (Id.) Current law states that it "is the intent of the Legislature that at least 200 tattoo removals shall be performed at each tattoo removal site in its first year of operation. After two years of operation, community groups that participate in this program and the operators of each site shall report to the Department of the Youth Authority on the number of tattoo removals performed by each device and the success of the program in assisting individuals to join the work force. By March 1, 2000, the Department of the Youth Authority shall report these findings to the Legislature." (Id.) Current law states the further intent of the Legislature to "expand these pilot programs as rapidly as possible to other areas of the state where there is gang violence and where there are active community-based gang violence prevention programs." (Id.) This bill establishes the "California Voluntary Tattoo Removal Program," with the following features: 1. To the extent that funds are appropriated for this purpose, the California Emergency Management Agency (CalEMA) may administer the program. CONTINUED AB 1122 Page 4 2. Requires that the "program shall be designed to serve individuals between 14 and 24 years of age, who are in the custody of the Department of Corrections and Rehabilitation (CDCR) or county probation departments, who are on parole or probation, or who are in a community-based organization serving at-risk youth." 3. Requires CalEMA to "award grants in a competitive manner and on a geographically diverse basis, serving both northern and southern California." 4. The Division of Juvenile Facilities of the CDCR, county probation departments, community-based organizations, and relevant service providers may apply for the grants authorized by its provisions. 5. Funds appropriated to implement this program shall be limited to federal funds. This bill requires that tattoo removals "be performed by licensed clinicians who, to the extent feasible, provide their services at a discounted rate, or free of charge." This bill requires that grantees under this program "serve individuals who have gang related tattoos that are visible in a professional environment and who are recommended for the program by CDCR representatives, parole agents, county probation officers, community-based organizations, or service providers." This bill provides that qualified individuals "who have gang-related tattoos that may be considered unprofessional and are visible in a professional work environment, . . . and who meet any of the following criteria may be eligible for participation in the program: 1. Are actively pursuing secondary or postsecondary education. 2. Are seeking employment or participating in workforce training programs. 3. Are scheduled for an upcoming job interview or job placement. CONTINUED AB 1122 Page 5 4. Are participating in a community or public service activity. This bill provides that use "of funding by grantees shall be limited to," the following: 1. The removal of gang related tattoos. 2. Maintenance or repair of tattoo removal medical devices. 3. Contracting with licensed private providers to offer the tattoo removal service. This bill permits grantees to "also seek additional federal or private funding to execute the provisions of this section, and use those funds to supplement funding received through the program." The provisions of this bill sunset on January 1, 2017. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/31/11) Advancement Project California Attorneys for Criminal Justice California Catholic Conference California Coalition for Women Prisoners California Public Defenders Association Chief Probation Officers of California Los Angeles County District Attorney Office of the California Attorney General ARGUMENTS IN SUPPORT : The author states: "AB 526 and SB 1700 (Hayden) Senate Bills 526 and 1700 (Hayden) of the 1997 and 1998 Legislative Sessions, required the then California Youth Authority to. . . purchase a number of laser tattoo removal machines and work in collaboration with community partners to operate the tattoo removal program. CONTINUED AB 1122 Page 6 "Despite the program's success and community demand for the program, due to the state experiencing a fiscal crisis, funding was pulled and most devices were donated to local partners. Although tattoo removal programs exist sporadically throughout California, a number of entities have disbanded the program, while others have scaled back their programs and would benefit from additional resources in order to serve more individuals." ASSEMBLY FLOOR : 78-0, 5/19/11 AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Gorell RJG:kc 8/31/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED