BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1122 (J. Perez)
Hearing Date: 08/25/2011 Amended: 06/16/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 7-0
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BILL SUMMARY: AB 1122 would establish the California Voluntary
Tattoo Removal Program. To the extent funds are available, the
California Emergency Management Agency (CalEMA) shall be
required to administer the competitive grant program which is 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.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
New competitive grant Unknown; grant costs potentially in
theFederal/Priv
program hundreds of thousands to millions of
dollars annually; cost pressure on other
federally funded programs
Program administration Potential costs in excess of $100Federal
annually to CalEMA
*For federal funds received, a percentage of the grants may
potentially be retained for administration.
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
This bill would establish the California Voluntary Tattoo
Removal Program. To the extent funds are available, the CalEMA
would be required to administer the program through a
competitive grant process on a geographically diverse basis,
serving both northern and southern California. The bill
specifies that grantees shall serve individuals who have
gang-related or other 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, and who
meet any of the following criteria:
Are actively pursuing secondary or postsecondary
education;
Are seeking employment or participating in workforce
AB 1122 (J. Perez)
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training programs;
Are scheduled for an upcoming job interview or job
placement;
Are participating in a community or public service
activity.
This bill authorizes the use of funding by grantees to include
maintenance or repair of tattoo removal medical devices,
contracting with licensed private providers to offer the tattoo
removal service, and any necessary costs associated with
operating a tattoo removal program. Further, this bill states
that grantees may also seek state, federal, or private funding
to execute the provisions of this bill to supplement funding
received through the program.
CalEMA recently received approval from the California Council on
Criminal Justice (CCCJ) to fund a pilot California Tattoo
Removal Program for two community-based organizations, to be
provided with an allocation of federal Justice Assistance Grant
(JAG) funds. Currently, all programs supported with JAG funds
must be reviewed and approved by the CCCJ annually. However,
CalEMA is projecting a 19 percent decrease in the 2011-12 JAG
allocation. As JAG monies fund a variety of programs in addition
to the tattoo removal program, including multi-jurisdictional
drug task forces, drug courts, and public safety procurement
activities, future funding of the tattoo removal program at the
current or an increased level with JAG funds could result in a
decrease in the amount available for other JAG-funded programs.
Since JAG funds can only be used to remove "gang-related"
tattoos, the cost of removal for other tattoos that may be
removed pursuant to the provisions of this bill would be deemed
unallowable by the federal government and would need to be
funded with other federal, state, local, or private funds. The
cost of tattoo removal ranges between $1,000 and $1,500
dependent upon the size of the tattoo, as removal costs can be
up to ten times the original cost of the tattoo. To the extent
alternative federal or private funding sources could not be
secured to support the costs of the program, additional state
and local funds of an unknown, but potentially significant
amount could result.
This bill requires CalEMA to administer the program but does not
specify a funding source for the program. Staff notes that SB 92
(Budget and Fiscal Review Committee),
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the public safety trailer bill recently signed by the Governor
eliminated the CCCJ and redirects specified public safety
programs administered by CalEMA, including those supported by
JAG funds, to a newly established Board of State and Community
Corrections. As a result, it is unknown if CalEMA will continue
to be granted authority to administer JAG funding as previously
authorized by the CCCJ.
The CCCJ had determined the cost of the pilot program to be
$300,000 to support two community-based organizations. The costs
to support a statewide program would likely be far greater,
potentially in the millions of dollars annually. Although
contingency language is included in the bill, CalEMA is
statutorily required to administer the program upon the
availability of unspecified funding, creating an unfunded
mandate on CalEMA to administer a new statewide program. Costs
to administer the statewide program are unknown, but could be in
excess of $100,000 annually.
The proposed amendments do the following:
Strike the Legislative declarations and findings;
Specify the program is subject to an appropriation;
Limit program grants to federal funds;
Provide that administration of the program by CalEMA is
permissive;
Limit the use of grant funds to the removal of
gang-related tattoos, as well as limit the use of grant
funds for specific purposes;
Add a five-year sunset to the program to January 1,
2017.