HB 373 - SB 497 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 26, 2025 Fiscal Analyst: Laura Moore | Email: laura.moore@capitol.tn.gov | Phone: 615-741-2564 HB 373 - SB 497 SUMMARY OF BILL: Authorizes a tattoo artist who has been licensed in this state for fewer than three years, but licensed in another state for ten years or more to train an apprentice tattoo artist. Requires the tattoo artist to provide their signature on the state's tattoo apprenticeship completion application signifying that the apprentice tattoo artist has met the state law requirements. Requires out-of-state tattoo artists seeking a Tennessee license to show proof of at least two years of experience as a professional tattoo artist in another state, in lieu of satisfying the state examination requirement. Takes effect January 1, 2026. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. § 62-38-204(a), all tattoo artists are required to register with the Department of Health (DOH) and be issued a statewide license. The DOH may, at its option, direct the local health department to act on its behalf in the application, examination, and collection of funds concerning tattoo artist registration. Tattoo artists under the DOH registration include tattoo artists, apprentice artists, and temporary artists. The DOH also regulates business owners, referred to as tattoo operators, who employ or host such tattooists in a studio. • Based on information provided by the DOH, statewide there are currently: o 2,608 tattoo artists; o 802 apprentice tattoo artists; and o 0 temporary tattoo artists. • Pursuant to Tenn. Code Ann. § 62-38-204(c), a tattoo artist, apprentice artist, and temporary artist must pay an annual fee of $140. Pursuant to Tenn. Code Ann. § 62-38- 204(i), a tattoo operator must also pay an annual fee of $140. • DOH provides that the state collects these fees, except for the following counties, which collect and retain their own permit fees: Shelby, Davidson, Madison, Hamilton, Knox. • The table below provides the most recent data on fee collections for both the state and local health departments: HB 373 - SB 497 2 Current State Davidson Shelby Madison Hamilton Knox Tattoo Artists 1,613 307 226 47 161 254 Tattoo Apprentices 470 120 96 12 29 75 Total Amount Collected $291,620 $59,780 $45,080 $8,260 $26,600 $46,060 • Pursuant to Tenn. Code Ann. § 62-38-204(f,) a tattoo operator or tattoo artist is required to pass an examination before a tattoo artist permit shall be issued. The examination is to be a written examination prescribed by the local health department. • The proposed legislation removes this examination requirement for out-of-state tattoo artists seeking a Tennessee license who can show proof of two years’ experience as a professional tattoo artist in another state. • The DOH provides that there is no fee for this exam; therefore, any impact to the fee revenue collected under the DOH or local health departments is estimated to be not significant. • Pursuant to Tenn. Code Ann. § 62-38-204(g), in order to receive a tattoo artist license, the tattooist shall be trained in the profession of tattooing to include sterilization methods in a certified shop for at least one year under a currently licensed tattoo artist who has been certified and operating in compliance with applicable laws in this state for no less than three years. • The proposed legislation expands this provision to authorize a tattoo artist seeking a license to also be trained under a currently licensed artist who has been licensed in Tennessee for fewer than three years, but licensed in another state for 10 years or more, provided that the training artist provides a signed attestation to these facts on the state’s tattoo apprenticeship completion form. • It is not known how many licensed tattoo artists who have been licensed in this state for fewer than three years, but licensed in another state for 10 years or more, are currently practicing in Tennessee. However, this provision is assumed to modestly increase the number of licensed tattoo artists in this state who may train other tattoo artists who are seeking licensure. • It is not, however, estimated to significantly increase the total number of people who seek or attain licensure as a tattoo artist, apprentice artist, temporary artist, or tattoo operator, as it is assumed that those who aspire to make a living as such would otherwise find a qualified licensed tattoo artist under which to train under current law. • Any fiscal impact to the DOH or local health departments related to fees is therefore estimated to be not significant. HB 373 - SB 497 3 IMPACT TO COMMERCE: NOT SIGNIFICANT Assumptions: • The proposed legislation is not estimated to significantly impact business revenue or expenditures for tattoo artists or operators. • There will not be a significant impact to commerce or jobs in Tennessee. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director