Bill Text: IA SF16 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to body piercing, body modification, and tattooing, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF16 Detail]
Download: Iowa-2013-SF16-Introduced.html
Senate
File
16
-
Introduced
SENATE
FILE
16
BY
HATCH
A
BILL
FOR
An
Act
relating
to
body
piercing,
body
modification,
and
1
tattooing,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
135.37,
Code
2013,
is
amended
to
read
as
1
follows:
2
135.37
Tattooing
,
body
piercing,
body
modification
——
permit
3
requirement
——
parental
consent
——
penalty.
4
1.
A
person
shall
not
own,
control
and
lease,
act
as
5
an
agent
for,
conduct,
manage,
or
operate
an
establishment
6
to
practice
the
art
of
tattooing
,
body
piercing,
or
body
7
modification,
or
engage
in
the
practice
of
tattooing
,
body
8
piercing,
or
body
modification,
without
first
applying
for
and
9
receiving
a
permit
from
the
Iowa
department
of
public
health
.
10
2.
A
minor
shall
not
obtain
a
tattoo
,
or
undergo
a
body
11
piercing
or
body
modification,
and
a
person
shall
not
provide
a
12
tattoo
,
body
piercing,
or
body
modification
to
a
minor
unless
13
parental
consent
has
first
been
obtained
.
For
the
purposes
of
14
this
section
,
“minor”
means
an
unmarried
person
who
is
under
the
15
age
of
eighteen
years.
The
department
shall
develop
parental
16
consent
forms
and
procedures
for
verification
of
the
consent
17
by
rule.
18
3.
For
the
purposes
of
this
section:
19
a.
“Body
modification”
means
for
commercial
purposes
the
20
permanent
or
semipermanent
deliberate
altering
of
the
human
21
body
for
nonmedical
reasons.
“Body
modification”
does
not
22
include
tattooing
or
body
piercing.
23
b.
“Body
piercing”
means
for
commercial
purposes
the
24
act
of
penetrating
the
skin
to
make
a
hole,
mark,
or
scar.
25
“Body
piercing”
does
not
include
the
use
of
a
mechanized,
26
presterilized,
ear-piercing
system
that
penetrates
the
outer
27
perimeter
or
lobe
of
the
ear,
or
both.
28
c.
“Minor”
means
an
unmarried
person
who
is
under
the
age
29
of
eighteen
years.
30
3.
4.
A
person
who
fails
to
meet
the
requirements
of
31
subsection
1
or
a
person
providing
a
tattoo
,
body
piercing,
32
or
body
modification
to
a
minor
is
guilty
of
a
serious
an
33
aggravated
misdemeanor.
34
4.
5.
The
Iowa
department
of
public
health
shall:
35
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a.
Adopt
rules
pursuant
to
chapter
17A
and
establish
and
1
collect
all
fees
necessary
to
administer
this
section
.
The
2
provisions
of
chapter
17A
,
including
licensing
provisions,
3
judicial
review,
and
appeal,
shall
apply
to
this
chapter
.
4
b.
Establish
minimum
safety
and
sanitation
criteria
for
the
5
operation
of
tattooing
,
body
piercing,
and
body
modification
6
establishments.
7
5.
6.
If
the
Iowa
department
of
public
health
determines
8
that
a
provision
of
this
section
has
been
or
is
being
violated,
9
the
department
may
order
that
a
tattooing
,
body
piercing,
10
or
body
modification
establishment
not
be
operated
until
11
the
necessary
corrective
action
has
been
taken.
If
the
12
establishment
continues
to
be
operated
in
violation
of
the
13
order
of
the
department,
the
department
may
request
that
the
14
county
attorney
or
the
attorney
general
make
an
application
in
15
the
name
of
the
state
to
the
district
court
of
the
county
in
16
which
the
violations
have
occurred
for
an
order
to
enjoin
the
17
violations
and
confiscate
commercial
property
and
equipment
.
18
This
remedy
is
in
addition
to
any
other
legal
remedy
available
19
to
the
department.
20
6.
7.
As
necessary
to
avoid
duplication
and
promote
21
coordination
of
public
health
inspection
and
enforcement
22
activities,
the
department
may
enter
into
agreements
with
local
23
boards
of
health
to
provide
for
inspection
of
tattooing
,
body
24
piercing,
or
body
modification
establishments
and
enforcement
25
activities
in
accordance
with
the
rules
and
criteria
26
implemented
under
this
section
.
27
EXPLANATION
28
This
bill
modifies
and
expands
current
restrictions
relating
29
to
performing
and
receiving
a
tattoo,
and
extends
them
to
also
30
apply
to
body
piercing
and
body
modification.
31
The
bill
provides
that
a
person
shall
not
own,
control
32
and
lease,
act
as
an
agent
for,
conduct,
manage,
or
operate
33
an
establishment
to
practice
the
art
of
tattooing,
body
34
piercing,
or
body
modification,
or
engage
in
the
practice
of
35
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tattooing,
body
piercing,
or
body
modification,
without
having
1
received
a
permit
from
the
Iowa
department
of
public
health.
2
Additionally,
a
minor
shall
not
obtain
a
tattoo,
or
undergo
3
a
body
piercing
or
body
modification,
and
a
person
shall
not
4
provide
a
tattoo,
body
piercing,
or
body
modification
to
a
5
minor
unless
parental
consent
has
first
been
obtained.
The
6
bill
provides
that
parental
consent
forms
and
procedures
shall
7
be
established
by
the
department
by
rule.
8
The
bill
provides
definitions
of
“body
modification”,
“body
9
piercing”,
and
“minor”
and
provides
that
body
piercing
does
not
10
refer
to
the
use
of
a
mechanized,
presterilized,
ear-piercing
11
system
that
penetrates
the
outer
perimeter
or
lobe
of
the
ear,
12
or
both.
13
The
bill
provides
that
a
person
who
violates
the
provisions
14
relating
to
ownership
or
operation
of
an
establishment,
or
15
who
provides
a
tattoo,
body
piercing,
or
body
modification
to
16
a
minor,
is
guilty
of
an
aggravated
misdemeanor.
Currently,
17
the
corresponding
penalty
applicable
to
tattooing
is
a
serious
18
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
19
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
20
$625
but
not
more
than
$6,250.
21
The
bill
extends
existing
provisions
relating
to
rulemaking,
22
establishment
of
minimum
safety
and
sanitation
criteria,
23
and
issuance
of
an
order
against
an
establishment
to
not
24
operate
pending
corrective
action
by
the
department
concerning
25
tattooing
to
body
piercing
and
body
modification.
The
bill
26
also
adds
a
penalty
of
confiscation
of
commercial
property
in
27
the
event
of
continued
operation
in
violation
of
the
order.
28
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