An Act to Cla11fy Assessment of Fmes for Tattoo Artists, Body Piercers, Electrologists and M1crop1gmentation Pract1t10ners and to Change Requirements for the Approval of Pubhc Pool and Spa Plans
Maine Legislature, Session 131, LD 0146
Committee Amendment CA_A_S86 (Senate)
Amends: 22 MRSA §2662, 22 MRSA §2665, 32 MRSA §1222, 32 MRSA §4204, 32 MRSA §4318, 32 MRSA §4327

COMMITTEE AMENDMENT " A " to SP 75, L D 146, "An Act to Cla11fy 
Assessment of Fmes 
for 
Tattoo 
Artists, 
Body 
Piercers, 
Electrologists 
and 
M1crop1gmentation Pract1t10ners and to Change Requirements for the Approval of Pubhc 
Pool and Spa Plans" 
Amend the bill by strikmg out the title and subst1tutmg the followmg 
'An Act to Clarify Assessment of Penalties for Tattoo Artists, Body Piercers, 
Electrologists and Microp1gmentat10n Practitioners and to Change Reqmrements for 
the Approval of Public Pool and Spa Plans' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 22 MRSA §2662, sub-§4, as amended by PL 2007, c 631, §4, 1s furthe1 
amended to read 
Residential spa 
"Residential spa" means any constructed spa, permanently 
mstalled or portable, that 1s used m connect10n with a smgle or multifamily residence, used 
by tenants of apartment bmldmgs, owners of condommmms 01 members of p10perty 
owners associations and available only to these residents and their private guests or used 
by guests of a lodgmg place as defined m sect10n 2491, subsect10n 7-F that has 10 or fewei 
rooms or cottages 
~ 
Sec. 2. 22 MRSA §2665, 2nd,, as amended by PL 2007, c 631, §7, 1s furthe1 
amended to read 
The demgn enteua to be follovled by the department m the re:viei.v B:Bd approval 1s 
Submitted plans and specifications must be sealed by a licensed professional engmeer 
under Title 32, chapter 19 and must mclude a statement by the engmeer mdicatmg that the 
plans and specifications meet the mmunum standard for all pools and the mmunum 
standard for all spas published by the American National Standards Institute and the 
Association of Pool and Spa Professionals or successor orgamzat10ns as identified by the 
department by rule 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" f\ "to SP 75, L D 146 ( 5" O~ 
Sec. 3. 32 MRSA §1222, sub-§3, as enacted by PL 2013, c 264, §8, 1s amended to 
read 
Q¥II Admimstrat1ve penalty. A person who practices electrology without a 
license or who v10lates the stenhzat10n, sanitation or safety standards adopted by the 
department under this chapter commits a cwil v10lat10n for v.rh1ch a fine 1s sub1ect to an 
admm1strat1ve penalty, imposed by the department, of not less than $500 nor more than 
$1 :,000 may be adjudged for each violation Each day the v10lat1on remams uncorrected 
may be counted as a separate offense 
Sec. 4. 32 MRSA §1222, sub-§5 1s enacted to read 
5. Schedule of penalties 
The department shall adopt ma10r substantive rules m 
accordance with Title 5, chapter 375, subchapte1 2-A estabhshmg a schedule of penalties 
accord mg to the nature and duration of the v10lat1on of this sect10n 
Sec. 5. 32 MRSA §4204, sub-§1, as enacted by PL 2013, c 264, §14, 1s amended 
to read 
1. Penalty Admm1strative penalty A person who fails to be licensed as requu ed by 
tlus chapter, v10lates the steuhzat1on, samtat1on 01 safety standards adopted by the 
Departmem: of Health and Human Services department under sect10n 4251 or perfonns 
tattoomg on a mmor commits a c1vtl v10lat10n for 
1.:vh1ch a fine 1s sub1ect to an 
admm1strat1ve penalty, imposed by the department, of not less than $500 nor more than 
$1,000 may be adjudged for each v10lation Each day the v1olat1on remams uncorrected 
may be counted as a sepai ate offense 
Sec. 6. 32 MRSA §4204, sub-§4 1s enacted to read 
4. Schedule of penalties 
The department shall adopt ma1or substantive rules m 
accordance with Title 5, chapter 375, subchapte1 2-A estabhshmg a schedule of penalties 
accordmg to the nature and duration of the v10lation of this section 
Sec. 7. 32 MRSA §4318, sub-§1, as enacted by PL 2013, c 264, §16, 1s amended 
to read 
1. Penalty Admm1strat1ve penalty. A person who fails to be licensed as provided by 
section 4312 01 v10lates the steuhzation, samtat10n or safety standards adopted by the 
department under section 4313 commits a cPnl v10lat10n for Vt'h1ch a fine 1s sub1ect to an 
admm1strat1ve penalty, imposed by the department, of not less than $500 nm more than 
$1,000 may be adjudged for each v10lat10n Each day the v10lat1on remams uncorrected 
may be counted as a separate offense 
Sec. 8. 32 MRSA §4318, sub-§3 1s enacted to read 
3. Schedule of penalties 
The department shall adopt ma10r substantive rules m 
accordance with Title 5, chapter 375, subchapter 2-A estabhshmg a schedule of penalties 
accordmg to the nature and duration of the v10lat1on of this section 
Sec. 9. 32 MRSA §4327, sub-§1, as enacted by PL 2013, c 264, §17, 1s amended 
to read 
1. Penalty Admm1strative penalty. A person who fails to be licensed as provided by 
section 4324, v10lates the stenhzation, samtat10n or safety standards adopted by the 
department under sect10n 4326 or performs body p1ercmg on a mmor without pai ental 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A "to SP 75, L D 146 ( SdSLa-) 
consent under sect10n 4323 eomml:ts a 01v1l v10latlon for winch a fine is sub1ect to an 
admimstrative penalty, imposed by the department, of not less than $500 nor moie than 
$1,000 may be adjudged for each v10lation Each day the v10lation remams uncorrected 
may be counted as a separate offense 
Sec. 10. 32 MRSA §4327, sub-§4 is enacted to read 
4. Schedule of penalties 
The department shall adopt ma10r substantive rules m 
accordance with Title 5, chapter 375, subchaptei 2-A estabhshmg a schedule of penalties 
accordmg to the nature and duration of the v1olat10n of this section ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment adds to the defimt10n of "residential spa" to mclude a spa located at a 
lodgmg place with 10 or fewer rooms or cottages It replaces the bill's requuement that 
pool and spa plans and specifications be signed and stamped by an engmeer with a 
requirement that the plans and specifications be sealed by a licensed professional engmeer 
to better reflect mdustry standards It clanfies that successor orgamzations of the Amencan 
National Standards Institute and the Association of Pool and Spa Profess10nals will be 
identified by department rule It clarifies that the penalties unposed for v10lattons for 
practitioners of certam occupations are admmistrative penalties 
FISCAL NOTE REQUIRED 
(See attached) , .. "', · 
COMMITTEE AMENDMENT 
Revised 05/02/23 feae. 
LD 146 
LR 148(02) 
An Act to Clarify Assessment of Fmes for Tattoo Artists, Body Piercers, Electrologists and 
Micropigmentatrnn Pract1t10ners and to Change Reqmrements for the Approval of Pubhc Pool and 
Spa Plans 
Fiscal Note for Bill as Amended by Committee Amendment "A"[~ 0~) 
Committee: Health and Human SerVIces 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Mmor revenue mcrease - General Fund 
Mmor revenue mcrease - Other Special Revenue Funds 
Correct10nal and Judicial Impact Statements 
The collection of add1t10nal fine revenue from electrologists, tattoo art1ts, microp1gmentat10n pract10ners and bod) 
piercers will mcrease General Fund and dedicated revenue by mmor amounts 
Fiscal Detail and Notes 
Any add1t10nal costs 01 mcrease m revenue to the Department of Health and Human Services to adopt the changes m 
this bill are expected to be mmor and can be absorbed w1thm ex1stmg budgeted resources 
LR0148(02) - Fiscal Note - Page 1 of 1