SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2125
As Amended by House Committee of the Whole
Brief*
HB 2125, as amended, would amend law related to
tattooing, cosmetic tattooing, and body piercing. The bill
would authorize the Kansas State Board of Cosmetology
(Board) to create and issue charitable event permits and
demonstration permits, require the Board’s administrative
proceedings to be conducted in accordance with the Kansas
Administrative Procedure Act and be reviewable in
accordance with the Kansas Judicial Review Act, allow the
Board to issue cease and desist orders to persons who are
not license holders, and shorten the time period certain case
history cards must be retained by licensees.
Administrative Proceedings and Appeals (New Section 1)
The bill would require the Board to conduct
administrative proceedings in accordance with the Kansas
Administrative Procedure Act, and actions in any
administrative proceeding would be reviewable in accordance
with the Kansas Judicial Review Act.
The bill states judicial review would be taken if a
petitioner appealing an order of the Board files a bond with
the reviewing court conditioned on payment of assessed
costs if the decision of the Board is sustained. The Board
would not be required to file any bond.
The bill states if an administrative order of the Board is
adverse to an applicant, apprentice, or licensee, costs
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org incurred for any investigation or administrative proceeding
could be assessed against the party or parties to the
proceeding. If the Board is not the prevailing party, then costs
incurred would be paid from the Cosmetology Fee Fund. The
Board would be required to include any assessment of costs
incurred as part of its final order, along with findings and
conclusions in support of the assessment.
The bill would define “costs incurred” to include, but
would not be limited to:
●Presiding officer fees and expenses, only if the
Board has designated or retained the services of
an independent contractor or the Office of
Administrative Hearings to perform presiding officer
functions;
●Costs of preparing any transcripts;
●Reasonable investigation costs;
●Witness fees and expenses; and
●Mileage, travel expenses, and subsistence
allowances of Board employees and fees and
expenses of agents of the Board who provide
services.
Moneys collected by the Board from administrative
proceedings would be deposited in the Cosmetology Fee
Fund.
Charitable Event Permit (New Section 2)
The bill would create a charitable event permit under
which licensees would be able to provide tattooing, cosmetic
tattooing, or body piercing services at no cost to recipients at
the charitable event. The charitable event permit would expire
30 days after issuance of the Board.
2- 2125 The bill would define “charitable event” to mean an
event conducted for a charitable purpose held at a specific
time and location. The bill would define “charitable purpose”
to mean any purpose that promotes, or purports to promote,
directly or indirectly, the well-being, in general or limited to
certain activities, endeavors, or projects, of the public at
large, any number of persons, or any humane purpose.
The bill would require the Board to adopt rules and
regulations for the charitable event permit on or before
December 31, 2023.
Demonstration Permit (New Section 3)
The bill would create a demonstration permit which
would authorize a person to provide tattooing, cosmetic
tattooing, or body piercing services at a state or national
convention or any other event location approved by the
Board, or as a guest artist at an establishment licensed by the
Board, if:
●The person performing the services is licensed to
perform such profession in another jurisdiction; and
●The license has not been revoked, suspended, or
conditioned from the practice of such profession.
The bill would require the Board to accept a valid visa or
passport identification number for an applicant who is a
citizen of a foreign country, has not been issued a social
security number, and has not been licensed by another state.
The demonstration permit would expire 14 days after
issuance of the Board.
The bill would require the Board to adopt rules and
regulations for the demonstration permit on or before
December 31, 2023.
3- 2125 Cease and Desist Orders (Section 4)
The bill would amend law to allow the Board to issue
cease and desist orders to a person who is not a license
holder upon a determination that such person has violated an
order or a rule or regulation of the Board. Current law only
allows the Board to issue cease and desist orders to
licensees.
Case History Card Retention (Section 5)
The bill would shorten the time period tattoo artists,
cosmetic tattoo artists, and body piercers are required to
retain case history cards for clients from five years to three
years.
Background
The bill was introduced by the House Committee on
Commerce, Labor, and Economic Development at the
request of Representative Proctor.
House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing on the bill, proponent
testimony was provided by Representative Proctor and the
Chair of the Board. The proponents stated the bill would allow
the Board to issue charitable event and demonstration
permits which would bring revenue to local towns and
communities that choose to host a qualifying event, such as a
tattoo convention. They also stated the bill would allow the
Board to issue cease and desist orders against unlicensed
persons providing body art services.
No other testimony was provided.
The House Committee amended the bill to require the
Board to adopt rules and regulations on or before December
4- 2125 31, 2023, and to clarify that demonstration permits may be
granted for any event location approved by the Board.
House Committee of the Whole
The House Committee of the Whole amended the bill to
reduce the required case history card retention time period.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Board indicates its
current administrative staff would work with surrounding
states and licensees to create administrative rules and
regulations, and its current facility inspectors would inspect
convention sites for health, sanitation, and licensure. The
agency estimates enactment of the bill could result in
additional revenues of $37,500 in FY 2024. The estimate is
based on five conventions with an issuance of 100
demonstration permits per convention, with each permit costs
$75 (5 x $75 x 100 = $37,500). The agency is unable to
estimate the fiscal effect of issuing the charitable event
permits. The agency indicates it would need to hire 1.00 FTE
Senior Administrative Specialist position at a cost of $40,000
from its Cosmetology Fee Fund. The agency indicates the
additional revenue generated under the bill and its existing
revenues would cover any additional expenditures and no
additional funding would be required.
The Kansas Judicial Branch indicates enactment of the
bill would make the Board’s administrative actions subject to
judicial review which would require filing of bonds and
allowing the Board to bring court actions to enforce rules and
regulations. The provisions of the bill would increase time
spent by district court judicial and nonjudicial personnel in
processing, researching, and hearing cases. The bill could
result in collection of additional docket fees that would be
deposited into the State General Fund. The agency indicates
that it is unable to estimate a fiscal effect. Any fiscal effect
5- 2125 associated with the bill is not reflected in The FY 2024
Governor’s Budget Report.
The Kansas Association of Counties and the League of
Kansas Municipalities indicate enactment of the bill would
have no fiscal effect.
Kansas State Board of Cosmetology; charitable event permit; demonstration permit;
tattooing; cosmetic tattooing; body piercing; Kansas Administrative Procedure Act;
Kansas Judicial Review Act; cease and desist orders; case history card retention
6- 2125