BILL ANALYSIS Ó
AB 1122
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CONCURRENCE IN SENATE AMENDMENTS
AB 1122 (John A. Pérez and Ammiano)
As Amended August 31, 2011
Majority vote
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|ASSEMBLY: |78-0 |(May 19, 2011) |SENATE: |38-0 |(September 7, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Establishes the California Voluntary Tattoo Removal
Program.
The Senate amendments :
1)Mandate the California Emergency Management Agency (CalEMA) to
administer the California Voluntary Tattoo Removal Program and
provide grants in a competitive manner and serve both northern and
southern California.
2)Specify that Division of Juvenile Facilities (DJF), county
probation departments, community-based organizations, and relevant
service providers may apply for the grants.
3)Require tattoo removals to be performed by licensed clinicians
who, to the extent feasible, provide their services at a discount
rate or free of charge.
4)Require grantees to serve individuals who have tattoos that are
visible in a professional environment and are recommended for the
program by the California Department of Corrections and
Rehabilitation (CDCR) representatives, parole agents, county
probation officers, community-based organizations, or service
providers.
5)Provide additional criteria that would make an individual eligible
for participation in the program, which includes pursuing
education or job opportunities, participating in a community or
public service activities, or being scheduled for a job interview
or job placement.
6)Clarify that use of funding by grantees may include, but shall not
be limited to, maintenance or repair of tattoo removal medical
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devices; contracting with licensed private providers to offer
tattoo removal service; and, any necessary costs associated with
operating a tattoo removal program.
7)State that grantees may also seek state, federal, or private
funding to execute the provisions of this section, and use those
funds to supplement funding received through the program.
8)State that to the extent that funds are appropriated, CalEMA may
administer the California Voluntary Tattoo Removal Program.
9)Limit funds appropriated for the program to federal funds.
10)Clarify that grantees shall serve individuals that have
gang-related tattoos.
11)Limit the use of funding by grantees to three purposes: the
removal of gang-related tattoos, maintenance or repair of tattoo
removal medical devices, and contracting with licensed private
providers to offer tattoo removal service.
12)Provide that grantees may seek additional federal or private
funding to supplement funding received through the program.
13)Add a sunset date of January 1, 2017.
EXISTING LAW :
1)Requires CDCR, DJF to purchase, after a competitive bidding
process, two medical devices that utilize a laser to remove a
tattoo from a person's skin. DFJ shall determine, through a
competitive bidding process, the placement of the two medical
devices pursuant to specified guidelines.
2)States that one of the medical devices shall be located within Los
Angeles County and the other shall be located in one of the
following counties: Alameda, San Francisco, San Matera, Santa
Clara, and Santa Cruz.
3)Provides that possible sites for the medical devices may include:
a licensed health facility, a licensed health clinic, an
educational institution, or a probation office. Allows CDCR, DJF
to enter into an agreement with a health facility to use the
medical device when it is not needed for tattoo removal if the
health facility provides the tattoo removal services pursuant to
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this section free of charge.
4)States that the medical devices shall remain the property of the
state of California and shall be used in conjunction with the
tattoo removal program for the functional life of the medical
devices.
5)Requires that a male candidate for tattoo removal have a tattoo on
his lower arm, hand, neck or head, and that a female candidate for
tattoo removal have a tattoo that would be visible in a
professional work environment. Candidates under the age of 18
must have parental consent to have a tattoo removed under the
program. Priority shall be given to candidates who have a job
offer that is contingent upon removal of the tattoo. Gives
discretion to the organization that screens the candidate to
require the candidate to complete 20 hours of supervised public
service work in order to participate in the program.
AS PASSED BY THE ASSEMBLY , this bill established the California
Tattoo Removal Program. Specifically, this bill :
1)Expanded the law relating to male candidates who are eligible for
tattoo removal to include those who have tattoos that would be
visible in a professional work environment.
2)Expanded the law relating to community organizations' discretion
to require a candidate to complete 20 hours of public service work
to include in the alternative 20 hours of community service, in
order to participate in the tattoo removal program.
3)Required California Department of Corrections and Rehabilitation
(CDCR), Division of Juvenile Facilities (DJF) to report to the
Legislature, by March 1, 2012, findings by community groups that
participate in the program and operators of each site, the number
of tattoo removals performed by each device and the success of the
program in assisting individuals to join the work force.
FISCAL EFFECT : According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
New competitive grant Unknown; grant costs potentially in
theFederal/Priv
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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.
COMMENTS : According to the author, "The California Tattoo Removal
Program has played a vital role in re-integrating juvenile offenders
back into society. Despite the fact that adequate funding has not
been available since 2003, the program continues to serve a modest
number of juvenile offenders.
"The act of removing a tattoo enables an individual leave a troubled
past behind them, while also eliminating what are considered
superficial yet powerful symbols that prove as an obstacle to
employment and becoming productive members of society. Simply put -
the program is pivotal in helping move individuals out of the gang
life into the professional life.
"AB 1122 revises the current statute by placing the tattoo removal
program within the Department of Juvenile Justice as opposed to the
now defunct California Youth Authority to reflect the reality of how
the program functions to date.
"The bill would also expand the provisions relating to male
candidates who are eligible for tattoo removal to include those who
have tattoos that would be visible in a professional work
environment in an effort to ensure we don't exclude youth offenders
who may have tattoos on their legs seeking employment with
professions where shorts are a part of the uniform.
"The bill would also extend, until March 1, 2012, the period of time
for CDCR's Division of Juvenile Facilities to report to the
Legislature.
"In the current economic climate, we must be innovative in the
approaches we employ to create job opportunities and remove
unnecessary barriers to employment. Since the tattoo removal
program has been instrumental in both aforementioned regards, it is
important we explore the possibility of preserving the program in
some fashion. AB 1122 functions as a vehicle for this purpose."
AB 1122
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Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0002574