Session of 1998
                   
HOUSE BILL No. 2910
         
By Representative Ballou
         
2-13
            9             AN ACT concerning the state board of cosmetology; persons and prac-
10             tices regulated by the board; permanent color technology, tattooing
11             and body piercing; amending K.S.A. 1997 Supp. 65-1940, 65-1941, 65-
12             1942, 65-1943, 65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949,
13             65-1950 and 65-1954 and repealing the existing sections.
14            
15       Be it enacted by the Legislature of the State of Kansas:
16           Section 1. K.S.A. 1997 Supp. 65-1940 is hereby amended to read as
17       follows: 65-1940. As used in this act, unless the context otherwise re-
18       quires:
19           (a) ``Board'' means the Kansas state board of cosmetology.
20             (b) ``Director'' means the executive director of the board.
21           (c) ``Department'' means the department of health and environment.
22           (d) ``Secretary'' means the secretary of health and environment.
23           (e) (b) ``Licensed permanent color technician and tattoo artist'' means
24       a person licensed under this act to practice tattooing or permanent color
25       technology, or both.
26             (f) (c) ``Permanent color technician and tattoo artist'' means a person
27       who practices tattooing or permanent color technology, or both pursuant
28       to this act.
29             (g) (d) ``Body piercing'' means puncturing the skin of a person by aid
30       of needles or other instruments designed or used to puncture the skin
31       for the purpose of inserting jewelry or other objects in or through the
32       human body, except puncturing the external part of the human   ear ear-
33       lobe shall not be included in this definition.
34             (h) (e) ``Physician'' means a person licensed to practice medicine and
35       surgery by the state board of healing arts.
36             (i) (f) ``Tattoo'' means the indelible mark, figure or decorative design
37       introduced by insertion of nontoxic dyes or pigments into or under the
38       subcutaneous portion of the skin upon the body of a live human being.
39             (j) (g) ``Tattooing'' means the process by which the skin is marked or
40       colored by insertion of nontoxic dyes or pigments into or under the sub-
41       cutaneous portion of the skin so as to form indelible marks for cosmetic
42       or figurative purposes.
43             (k) ``Tattoo (h) ''Facility`` means any room or space or any part

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  1       thereof where tattooing   is or body piercing, or both, are practiced or
  2       where the business of tattooing   is or body piercing, or both, are con-
  3       ducted.
  4             (l) ``Body piercing facility'' means any room space, or any part thereof,
  5       where body piercing is practiced or where the business of body piercing
  6       is conducted.
  7           (m) (i) ``Permanent color technology'' means the process by which
  8       the skin is marked or colored by insertion of nontoxic dyes or pigments
  9       into or under the subcutaneous portion of the skin so as to form indelible
10       marks for cosmetic or figurative purposes.
11           (j) ``Dentist'' means a person licensed to practice dentistry by the Kan-
12       sas dental board.
13           (k) ``Licensed body piercer'' means a person licensed under this act
14       to practice body piercing.
15           Sec. 2. K.S.A. 1997 Supp. 65-1941 is hereby amended to read as
16       follows: 65-1941. (a) No person, including a permanent color technician
17       and tattoo artist, shall perform tattooing, display a sign or in any other
18       way advertise or purport to be a permanent color technician and tattoo
19       artist unless that person holds a valid license issued by the board. No
20       person shall perform body piercing, display a sign or in any other way
21       advertise or purport to be in the business of body piercing unless that
22       person holds a valid license issued by the board. No person shall operate
23       a facility where permanent color technology, tattooing or body piercing
24       is practiced unless that person holds a valid facility license issued by the
25       board. No person shall knowingly employ an individual to engage in per-
26       manent color technology, tattooing or body piercing unless such individ-
27       ual holds a currently valid license issued by the board. This act does not
28       prevent or affect the use of tattooing, permanent color technology or body
29       piercing by a physician, a person under the control and supervision of a
30       physician, a dentist, a person under the control and supervision of a den-
31       tist  , or an individual performing tattooing, permanent color technology
32       or body piercing solely on such individual's own body   or any other person
33       specifically permitted to use electrolysis or tattooing by law.
34           (b) Violation of subsection (a) is a class A, nonperson misdemeanor.
35           (c) The board may bring an action to enjoin any person from prac-
36       ticing permanent color technology, tattooing or body piercing if such per-
37       son does not hold a currently valid license. The board may bring an action
38       to enjoin any person from operating a facility where permanent color
39       technology, tattooing or body piercing is practiced if such person does not
40       hold a currently valid facility license.
41           Sec. 3. K.S.A. 1997 Supp. 65-1942 is hereby amended to read as
42       follows: 65-1942. (a) No person shall:
43             (a) (1) Sell, barter or offer to sell or barter a license;

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  1             (b) (2) purchase or procure by barter a license with intent to use it
  2       as evidence of the person's qualification to practice tattooing, permanent
  3       color technology or body piercing;
  4             (c) (3) alter materially a license with fraudulent intent; or
  5             (d) (4) use or attempt to use as a valid license a license which has
  6       been purchased, fraudulently obtained, counterfeited or materially al-
  7       tered  ; or.
  8             (e) willfully make a false, material statement in an application for
  9       licensure or for renewal of a license.
10           (b) Violation of subsection (a)(1), (a)(2), (a)(3) or (a)(4) is a class A,
11       nonperson misdemeanor.
12           Sec. 4. K.S.A. 1997 Supp. 65-1943 is hereby amended to read as
13       follows: 65-1943. An applicant for licensure as a permanent color tech-
14       nician and tattoo artist or as a body piercer shall pay a fee established by
15       rules and regulations adopted by the board and shall show to the satis-
16       faction of the board that the applicant:
17           (a) Has complied with the provisions of this act and the applicable
18       rules and regulations of the   secretary board, including rules and regula-
19       tions which address an applicant's health and vision;
20           (b) is not less than 18 years of age;
21           (c) has a high school diploma or equivalent education;
22           (d) has submitted evidence of completion of education   or and train-
23       ing prescribed and approved by the board as follows:
24           (1) (A) If the application is for a permanent color technician and
25       tattoo artist, a training program under the direct supervision of:
26           (i) A person licensed as a permanent color technician and tattoo artist
27       in a state other than this state as approved by the board  , or;
28           (ii) a person   or school in this state   designated licensed as a permanent
29       color technician and tattoo artist trainer by the board  , if the application
30       is for a permanent color technician and tattoo artist license; or
31             (B)
32           (iii) a person who has actively practiced tattooing full time for a min-
33       imum of five years in a state other than this state as approved by the
34       board.
35           (B) If the application is for a license to practice body piercing, a train-
36       ing program under the direct supervision of:
37           (i) A person licensed as a body piercer in a state other than this state
38       as approved by the board   or;
39           (ii) a person   or school in this state   designated licensed as a body
40       piercer trainer by the board   if the application is for a license to perform
41       body piercing;   and or
42           (iii) a person who has actively practiced basic body piercing full time
43       for a minimum of two years or a person who has actively practiced ad-

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  1       vanced body piercing full time for a minimum of four years in a state
  2       other than this state as approved by the board.
  3           (2) If the license is applied for under either subpart (A) or (B), has
  4       passed an examination approved, administered or recognized by the
  5       board.
  6           (e) Notwithstanding the provisions in subsection (d), an applicant for
  7       licensure may have completed all or part of the prescribed education and
  8       training under the supervision of a person who is subsequently licensed.
  9           New Sec. 5. (a) Any person who teaches and trains the profession of
10       tattooing, permanent color technology or body piercing shall be required
11       to obtain a trainer's license from the board. To qualify for a trainer's
12       license, the applicant shall submit an application on forms approved by
13       the board and pay the trainer license application fee. To qualify as a
14       permanent color technician and tattoo artist trainer, the applicant shall
15       be currently licensed as a permanent color technician and tattoo artist
16       and have five years of full-time active practice. To qualify as a body pierc-
17       ing trainer for the seven basic piercing procedures, the applicant shall be
18       currently licensed as a body piercer and have two years of full-time active
19       practice. To qualify as a body piercing trainer for advanced piercing, the
20       applicant shall be currently licensed as a body piercer and have four years
21       of full-time active practice.
22           (b) The trainer license shall expire one year following its issuance and
23       may be renewed upon application accompanied by the instructor license
24       renewal fee made to the board before the license expires. An instructor
25       license may be renewed by the applicant within six months after the date
26       of expiration of the license upon payment of the renewal fee and payment
27       of a delinquent renewal fee. An applicant whose instructor's license has
28       expired for more than six months may obtain an instructor's license in
29       the same manner and on payment of the same fees as provided for an
30       applicant for an original license.
31           New Sec. 6. (a) Any person desiring to practice tattooing, permanent
32       color technology or body piercing while completing a training program
33       shall be required to obtain an apprentice license. The applicant shall pay
34       the apprentice license fee and submit an application on a form approved
35       by the board which indicates the name of the licensed trainer under
36       whose supervision the apprentice will practice and the name and address
37       and telephone number of the licensed facility in which the apprentice
38       will practice. The applicant shall also comply with applicable rules and
39       regulations of the board including rules and regulations which address
40       the applicant's health and vision. The application for an apprentice license
41       shall be submitted to the board before the person begins the training
42       program. The person shall not practice tattooing, permanent color tech-
43       nology or body piercing until the apprentice license has been issued. An

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  1       apprentice shall practice tattooing, permanent color technology or body
  2       piercing under the supervision of the licensed trainer who is indicated on
  3       the application form. An apprentice shall notify the board at least seven
  4       calendar days before changing the apprentice's trainer by submitting a
  5       written statement with the name of the new trainer and the addresses
  6       and telephone number of the licensed facility in which the apprentice
  7       will practice. An apprentice shall keep the apprentice license conspicu-
  8       ously posted in the licensed facility where the apprentice practices.
  9           (b) An apprentice license issued by the board shall expire at such
10       time as final action on the application for licensure as a permanent color
11       technician and tattoo artist or body piercer is completed or two years
12       after the date of issuance of the apprentice license.
13           New Sec. 7. Upon application to the board on a form provided, ac-
14       companied by the application fee, a person licensed to practice perma-
15       nent color technology, tattooing or body piercing under the laws of an-
16       other state or jurisdiction shall be granted a license entitling the person
17       to practice in this state if:
18           (a) The person has complied with the provisions of this act and the
19       applicable rules and regulations of the board, including rules and regu-
20       lations which address an applicant's health and vision;
21           (b) the person is not less than 18 years of age;
22           (c) has a high school diploma or equivalent education; and
23           (d) the person meets at least one of the following criteria:
24           (1) The person's education, training and experience, including ex-
25       amination requirements, are equal to the requirements for licensure in
26       this state; or
27           (2) the person has been licensed in a state or jurisdiction which has
28       substantially the same requirements for licensure as this state.
29           Sec. 8. K.S.A. 1997 Supp. 65-1944 is hereby amended to read as
30       follows: 65-1944. (a) A person who holds a license as a permanent color
31       technician and tattoo artist or as a body piercer shall notify the board in
32       writing of the   (Rx)gular address and telephone number of the place or places
33       where the person performs or intends to perform permanent color tech-
34       nology, tattooing or body piercing and shall keep the license conspicu-
35       ously posted in   (tri-stars)e such place   of business or places at all times. Such
36       person shall also keep the board notified in writing of the person's home
37       address and telephone number.
38           (b) The board shall keep a record of the place or places   of business
39       of where each person who holds a license performs permanent color tech-
40       nology, tattooing or body piercing.
41           (c) Any notice required to be given by the board to a person who
42       holds a license may be given by mailing the notice to the address of the
43       last place of   business practice of which the person has notified the board.

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  1           (d) The board shall issue to each qualified applicant a license to op-
  2       erate a   tattoo facility   or a body piercing facility where permanent color
  3       technology, tattooing or body piercing is practiced and to advertise per-
  4       manent color technology, tattooing or body piercing services for which
  5       the facility is licensed. Any person desiring to operate a tattoo and per-
  6       manent color technology facility or a body piercing facility shall make
  7       application, on a form provided to the board, accompanied by a facility
  8       license fee adjusted on a prorated basis. Upon filing of the application,
  9       the board shall inspect the facility and equipment as to safety and sanitary
10       conditions, and if the equipment and facility are found to comply with
11       the provisions of this act and with the rules and regulations of the board,
12       the board shall issue a facility license. The facility license shall expire on
13       March 31 following its issuance and may be renewed upon application
14       accompanied by the facility license renewal fee made to the board before
15       the license expires. A license may be renewed by the applicant within six
16       months after the date of expiration of the last license upon payment of the
17       renewal fee and a delinquent renewal fee. An applicant whose license has
18       expired for more than six months may obtain a facility license in the same
19       manner and on payment of the same fees as provided for an applicant for
20       an original license.
21           (e) Licensed facilities shall be reinspected in accordance with a sched-
22       ule determined by the board by rules and regulations or upon a complaint
23       made to the board that such facility is not being maintained in compliance
24       with the provisions of this act or with the rules and regulations of the
25       board.
26           Sec. 9. K.S.A. 1997 Supp. 65-1945 is hereby amended to read as
27       follows: 65-1945. (a) Except as otherwise provided in this section, a license
28       issued under K.S.A. 1997 Supp.   65-1950 65-1943 and amendments
29       thereto expires one year after the date of issue unless renewed by payment
30       of the required renewal fee. The board may vary the date of license
31       renewal by giving to the applicant written notice of the renewal date being
32       assigned and by making prorated adjustments in the renewal fee. If pay-
33       ment is transmitted by postal service, the envelope must be postmarked
34       on or before the expiration of the license. If the license expires, the license
35       may be renewed within six months of the expiration date on payment of
36       a renewal fee and   late penalty delinquent renewal fee established by the
37       board under this act.
38           (b) The board may suspend the license of any person who fails to
39       renew. A suspended license may be reactivated upon the payment of a
40       reactivation fee established by the board under this act and all past unpaid
41       renewal fees.
42           (c) A person applying for reactivation shall not be required to take
43       an examination as a condition of reactivation if the reactivation occurs

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  1       within three years after the date the license expired.
  2           (d) All licensed permanent color technicians  , and tattoo artists and
  3       persons who are licensed to perform body piercing   must shall be required
  4       to participate in continuing education, with guidelines and effective date
  5       to be established by rules and regulations of the board.
  6           New Sec. 10. (a) Any person desiring to practice as a permanent
  7       color technician and tattoo artist or as a body piercer for no more than
  8       15 continuous days may apply for a temporary license by submitting an
  9       application on a form approved by the board and submitting a temporary
10       license fee at least 30 days prior to the date on which the applicant intends
11       to practice in this state. To qualify for a temporary license, a person shall
12       be 18 years of age and shall either be licensed in another jurisdiction, or
13       shall take and pass the practical examination administered by the board.
14           (b) Any person desiring to operate a facility, whether mobile or sta-
15       tionary, where permanent color technology, tattooing or body piercing is
16       practiced for no more than 15 continuous days may apply for a temporary
17       facility license by submitting an application on a form provided by the
18       board which specifies the location and submitting a temporary facility
19       license fee at least 30 days prior to the date on which the applicant intends
20       to operate the facility in this state. Upon filing of the application, the
21       board shall inspect the facility and equipment as to safety and sanitary
22       conditions and if the equipment and facility are found to comply with the
23       provisions of this act and with the rules and regulations of the board, the
24       board shall issue a temporary facility license for the location specified in
25       the application.
26           Sec. 11. K.S.A. 1997 Supp. 65-1946 is hereby amended to read as
27       follows: 65-1946. Licensed practicing permanent color technicians and
28       tattoo artists and persons who are licensed to perform body piercing shall
29       meet the following standards and any   TMhers other standards the board
30       may adopt by rules and regulations:
31           (a) Tattooing and body piercing instruments shall be sterilized in ac-
32       cordance with methods approved by rules and regulations of the board
33         and such rules and regulations shall be approved by the secretary before
34       adoption or amendment;
35           (b)   'acticing licensed permanent color technicians and tattoo artists
36       and persons licensed to perform body piercing shall be equipped with
37       appropriate sterilizing equipment, with availability of hot and cold run-
38       ning water and a covered waste receptacle; and
39           (c) a case history   @rds record shall be kept for each client for a period
40       of five years.
41           Sec. 12. K.S.A. 1997 Supp. 65-1947 is hereby amended to read as
42       follows: 65-1947. The board may revoke, suspend, refuse to issue a license
43       or renewal or place on probation any licensee upon proof that a person

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  1       or licensee:
  2           (a) Has been convicted of a violation under K.S.A. 1997 Supp. 65-
  3       1942 and amendments thereto;
  4           (b) has been convicted in this or any other state of a crime related to
  5       the practice of permanent color technology, tattooing or body piercing;
  6           (c) has   knowingly misrepresented, misstated or failed to disclose per-
  7       sonal qualifications or other information necessary to practice tattooing
  8       or body piercing in any communication to the board or the department
  9       made a material false, misleading or deceptive statement or made a ma-
10       terial omission in an application for licensure or renewal of a license or
11       in any communication to the board;
12           (d) has used, caused or promoted the use of any advertising matter,
13       promotional literature, warranty, label, insignia or any other representa-
14       tion, however disseminated or published, that is false, misleading or de-
15       ceptive;
16           (e) has knowingly deceived the public by acting in a manner as to
17       mislead clients as to the person's professional status;
18           (f) has employed directly or indirectly any suspended or unlicensed
19       person to perform any permanent color technology, tattooing or body
20       piercing covered by this act;
21           (g) has permitted another person to use the license;
22           (h) has practiced permanent color technology, tattooing or body
23       piercing under a false, misleading or deceptive name;
24           (i) has failed, if a licensed permanent color technician and tattoo artist
25       or   if licensed to perform body piercing, body piercer to maintain a busi-
26       ness address and telephone number at which the licensee may be reached
27       during business hours;
28           (j) has failed, if a nonpracticing permanent color technician and tattoo
29       artist or a person licensed to perform body piercing, to provide the board
30       with a home address and telephone number;
31           (k) has failed to properly and reasonably accept responsibility for the
32       actions of employees;
33           (l) has practiced permanent color technology, tattooing or body pierc-
34       ing with a mental or physical illness that affects ability to perform or
35       endangers the public;
36           (m) has demonstrated gross incompetence or gross negligence in per-
37       forming permanent color technology, tattooing or body piercing;   or
38           (n) has violated any of the provisions of this act or rules and regula-
39       tions adopted by the board pursuant to this act  .;
40           (o) has used alcohol or any controlled substance to an extent and in
41       a manner that affects the ability to perform or endangers the public; or
42           (p) has been convicted of a felony, and the licensee or applicant for a
43       license is unable to demonstrate to the board's satisfaction that such per-

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  1       son has been sufficiently rehabilitated to warrant the public trust.
  2           Sec. 13. K.S.A. 1997 Supp. 65-1948 is hereby amended to read as
  3       follows: 65-1948. The powers and duties of the board as related to this
  4       act are as follows:
  5           (a) To authorize all disbursements necessary to carry out the provi-
  6       sions of this act;
  7           (b) to determine training, education and experience requirements for
  8       taking the examination and to supervise and administer examinations to
  9       test the knowledge of applicants for licensure;
10           (c) to license persons who apply to the board and who have qualified
11       to practice tattooing, permanent color technology, or body piercing, to
12       license persons who apply to the board and who have qualified for a
13       trainer's license, to license persons who apply to the board and who have
14       qualified for an apprentice license;
15           (d) to rent facilities when necessary to carry out the examination of
16       applicants for licensure;
17           (e) to renew licenses;
18           (f) to suspend or revoke licenses or place licensees on probation in
19       the manner provided by this act;
20           (g) to appoint representatives to conduct or supervise the examina-
21       tion of applicants for licensure;
22           (h) to designate the time and place for examining applicants for li-
23       censure;
24           (i) to carry out  , together with the department or separately, the pe-
25       riodic inspection of facilities of persons who are licensed to   'actice tat-
26       tooing or body piercing operate a facility where tattooing, permanent
27       color technology or body piercing is practiced;
28           (j) to issue a   tattoo facility license to operate a facility where tattooing,
29       permanent color technology or body piercing is practiced to qualified
30       applicants upon compliance with this act;
31             (k) to issue a body piercing facility license to qualified applicants upon
32       compliance with this act; and
33             (l) (k) to appoint or employ subordinate employees.
34           Sec. 14. K.S.A. 1997 Supp. 65-1949 is hereby amended to read as
35       follows: 65-1949. (a) The board shall adopt rules and regulations to pre-
36       scribe education, experience and training standards for the practice of
37       permanent color technology, tattooing and   separate education and train-
38       ing standards for the licensure of body piercing.
39           (b) An applicant seeking licensure as a permanent color technician
40       and tattoo artist or   ø be licensed to perform body piercing body piercer
41       shall be required to demonstrate safety, sanitation and sterilization tech-
42       niques by means of   an inspection a written examination and a practical
43       examination conducted by the board to test the applicant's knowledge   of

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  1       and techniques concerning infection control practices and other require-
  2       ments.
  3           Sec. 15. K.S.A. 1997 Supp. 65-1950 is hereby amended to read as
  4       follows: 65-1950. (a) The board shall assess, by rules and regulations
  5       adopted by the board, the following nonrefundable fees and any other
  6       nonrefundable fees necessary to carry out the provisions of this act:
  7           (1) Application fee for permanent color technician and tattoo artist
  8       license or body piercer license;
  9           (2) examination fees;
10           (3) reexamination fees;
11           (4) reciprocity fee;
12           (5) permanent color technician and tattoo artist or body piercer li-
13       cense fee;
14           (6) license renewal fee  , active and inactive for permanent color tech-
15       nician and tattoo artist or body piercer;
16           (7)   late delinquent renewal fee for any personal or facility license;
17           (8)   (Rx)activation apprentice license fee;
18           (9) duplicate license fee;
19           (10)   demonstration permit temporary license fee for permanent color
20       technician and tattoo artist or body piercer;
21           (11) tattoo, permanent color technology or body piercing facility li-
22       cense fee and renewal fee  , active or inactive;   and
23           (12)   body piercing facility fee renewal fee. temporary tattoo, per-
24       manent color technology or body piercing facility license fee;
25           (13) application fee for trainer license; and
26           (14) trainer license fee and renewal fee.
27           (b) The board shall license each applicant, without discrimination,
28       who proves to the satisfaction of the board, fitness for such licensure as
29       required by this act and upon payment of a fee established by the board
30       under this section.   Except as provided in K.S.A. 1997 Supp. 65-1945, the
31       board shall issue to the applicant a license that expires one year after the
32       date of issuance.
33           (c) An applicant who is employed as a permanent color technician
34       and tattoo artist or body piercer on the day immediately preceding the
35       effective date of this act shall be licensed by the board, even though the
36       applicant does not meet the training requirements of this act, so long as
37       the applicant successfully passes an examination required by the board.
38           (d) The board shall establish all fees under this act. The fees and
39       charges established under this section shall not exceed the cost of admin-
40       istering the regulatory program under this act pertaining to the purpose
41       for which the fee or charge is established.
42           Sec. 16. K.S.A. 1997 Supp. 65-1954 is hereby amended to read as
43       follows: 65-1954. (a) The board, in addition to any other penalty pre-

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  1       scribed under the act governing body piercers, permanent color techni-
  2       cians and tattoo artists, may assess civil fines and costs, including attorney
  3       fees, after proper notice and an opportunity to be heard, against any
  4       person or entity for a violation of the statutes, rules and regulations or
  5       orders enforceable by the board in an amount not to exceed $5,000 for
  6       the first violation, $10,000 for the second violation and $15,000 for the
  7       third violation and for each subsequent violation.
  8           (b) In determining the amount of penalty to be assessed pursuant to
  9       this section, the board may consider the following factors among others:
10       (1) Willfulness of the violation; (2) repetitions of the violation; and (3)
11       magnitude of the risk of harm caused by the violation.
12           (c) In addition to a civil penalty and costs, the board may assess in-
13       vestigation and hearing costs against a licensee or an unlicensed person
14       for proceedings which have resulted in a successful action by the board
15       against the license of the licensee or the unlicensed person under   K.S.A.
16       1997 Supp. 65-1947 this act and amendments thereto.
17           (d) All civil fines assessed and collected under this section shall be
18       remitted to the state treasurer at least monthly and shall be deposited in
19       the state treasury and credited to the state general fund. All costs assessed
20       under this section shall be remitted to the state treasurer at least monthly
21       and shall be deposited in the state treasury and credited to the cosme-
22       tology fee fund.
23           Sec. 17. K.S.A. 1997 Supp. 65-1940, 65-1941, 65-1942, 65-1943,
24       65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949, 65-1950 and
25       65-1954 are hereby repealed.
26           Sec. 18. This act shall take effect and be in force from and after its
27       publication in the statute book.
28      
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