Amendment AA3-AB733

LRBa3481/1

DAK:skg:ks

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 3, To 1995 ASSEMBLY BILL 733

February 1, 1996 - Offered by Representatives Meyer and Brandemuehl.

AB733-AA3,1,1 At the locations indicated, amend the bill as follows:

AB733-AA3,1,3 1. Page 1, line 2: after "tattooing" insert "and tattoo establishments by the department of health and family services or by local health departments".

AB733-AA3,1,4 2. Page 2, line 5: delete " (3) (a)" and substitute "(4) (a) and (am)".

AB733-AA3,1,5 3. Page 2, line 14: delete that line and substitute:

AB733-AA3,1,6 "(2) Department; duty. The department shall provide uniform, statewide".

AB733-AA3,1,7 4. Page 2, line 15: delete "inspection" and substitute "licensing".

AB733-AA3,1,11 5. Page 2, line 16: after the period insert: "The department shall inspect a tattoo establishment once before issuing a license for the tattoo establishment under this section and may make additional inspections that the department determines are necessary.".

AB733-AA3,1,15 6. Page 2, line 19: delete that line and substitute: "use or assume the title "tattooist" and no tattoo establishment may be operated unless the person and the establishment are licensed by the department under this section or by a local health department that is designated as the department's agent under sub. (3m).".

AB733-AA3,2,1 7. Page 2, line 19: after that line insert:

AB733-AA3,2,17 "(3m) Agent status for local health departments. (a) In the administration and enforcement of this section, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing licenses to and making investigations or inspections of tattooists and tattoo establishments. In a jurisdictional area of a local health department without agent status, the department of health and and family services may issue licenses, collect license fees established by rule under sub. (4) (a) and make investigations or inspections of tattooists and tattoo establishments. If the department designates a local health department as its agent, the department or local health department as its agent, the department or local health department may require no license for the same operations other than the license issued by the local health department under this paragraph. If the designation is made and the services are furnished, the department shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area.

AB733-AA3,2,23 (b) A local health department designated as the department's agent under this subsection shall meet standards promulgated under sub. (4) (a). The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department's agent fails to meet the standards, the department of health and family services may revoke its agent status.

AB733-AA3,3,3 (c) The department shall provide education and training to agents designated under this subsection to ensure uniformity in the enforcement of this section and rules promulgated under this section.

AB733-AA3,3,13 (d) Except as provided in par. (dm), a local health department designated as the department's agent under this subsection shall establish and collect the license fee for each tattooist or tattoo establishment. The local health department may establish separate fees for preinspections of new tattoo establishments, for preinspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooists and tattoo establishments, plus the state fee established under sub. (4) (am).

AB733-AA3,3,18 (dm) A local health department designated as the department's agent under this subsection may contract with the department of health and family services for the department of health and family services to collect fees and issue licenses. The department shall collect from the local health department the actual and reasonable cost of providing the services.

AB733-AA3,3,25 (f) If, under this subsection, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department of health and family services and the local health department shall divide any license fee paid by the licensee for that license year according to the proportions of the license year occurring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status.

AB733-AA3,4,6 (g) A village, city or county may enact ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this subsection, which are stricter than this section or rules promulgated by the department of health and family services under this section. No such provision may conflict with this section or with department rules.

AB733-AA3,4,11 (h) This subsection does not limit the authority of the department to inspect establishments in jurisdictional areas of local health departments that are designated as agents if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health department's licensing, inspection and enforcement program or at the request of the local health department.

AB733-AA3,4,19 (i) The department shall hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any interested person in the jurisdictional area of a local health department that is designated as the department's agent under this subsection appeals to the department of health and family services alleging that a license fee for a tattooist or tattooist establishment exceeds the license issuer's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooist or tattooist establishment.".

AB733-AA3,4,22 8. Page 2, line 22: delete that line and substitute: "licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants".

AB733-AA3,4,23 9. Page 2, line 23: after that line insert:

AB733-AA3,5,7 "(am) Establishing state fees for its costs related to setting standards under this section and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health departments shall include the state fees in the license fees established under sub. (3m) (d), collect the state fees and reimburse the department for the state fees collected. For tattooists or tattoo establishments, the state fee may not exceed 20% of the license fees established under par. (a).".

AB733-AA3,5,9 10. Page 2, line 24: after "tattooist" insert: "and for the maintenance of a licensed tattoo establishment".

AB733-AA3,5,10 11. Page 3, line 8: delete "(3)" and substitute "(4)".

AB733-AA3,5,11 (End)