Bill Text: NY A04114 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 4114 (Prior Session Legislation)

Bill Title: Regulates body piercing and tattooing of persons under the age of 18; requires written consent of parent or guardian.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A04114 Detail]

Download: New_York-2011-A04114-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4114--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by  M.  of  A.  BUTLER,  FITZPATRICK,  P. RIVERA, MONTESANO,
         BURLING, DUPREY, JAFFEE -- Multi-Sponsored by  --  M.  of  A.  ARROYO,
         BARCLAY,  CALHOUN,  CERETTO,  McDONOUGH, McLAUGHLIN, PALMESANO -- read
         once and referred to the Committee on Health -- committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the public health law and the penal law, in relation  to
         allowing body piercing and tattooing with parental or guardian consent
         for persons under the age of eighteen
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  460-a to read as follows:
    3    S  460-A. RESTRICTIONS ON BODY PIERCING STUDIOS AND TATTOO STUDIOS. 1.
    4  NO OWNER, OPERATOR OR EMPLOYEE OF  A  BODY  PIERCING  STUDIO  OR  TATTOO
    5  STUDIO  SHALL  PERMIT BODY PIERCING OR TATTOOING ON A PERSON UNDER EIGH-
    6  TEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY  PIERCING  STUDIO
    7  OR  TATTOO  STUDIO WITH THE WRITTEN CONSENT, IN A FORM PRESCRIBED BY THE
    8  COMMISSIONER, OF A PARENT OR LEGAL GUARDIAN TO USE  SUCH  BODY  PIERCING
    9  STUDIO  OR  TATTOO  STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH
   10  CONSENT FORM IN THE PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO OR
   11  TATTOO STUDIO OR A BODY PIERCING SPECIALIST OR TATTOO SPECIALIST OF SUCH
   12  STUDIO. SUCH ORIGINAL WRITTEN CONSENT SHALL  BE  RETAINED  BY  THE  BODY
   13  PIERCING  STUDIO  OR TATTOO STUDIO FOR A PERIOD OF TWELVE MONTHS AND MAY
   14  BE RETAINED OFF PREMISES PROVIDED THAT AN ELECTRONIC IMAGE OR  FACSIMILE
   15  OF THE ORIGINAL SIGNED CONSENT FORM IS READILY AVAILABLE BY THE OWNER OR
   16  EMPLOYEE  RESPONSIBLE  FOR  THE OPERATION OF THE BODY PIERCING STUDIO OR
   17  TATTOO STUDIO.
   18    2. A WRITTEN CONSENT FORM SIGNED BY A PARENT OR LEGAL GUARDIAN  PURSU-
   19  ANT  TO  SUBDIVISION ONE OF THIS SECTION SHALL EXPIRE TWELVE MONTHS FROM
   20  THE DATE IT IS SIGNED BY THE PARENT OR LEGAL GUARDIAN. UPON THE  EXPIRA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08429-02-1
       A. 4114--A                          2
    1  TION  OF A WRITTEN CONSENT FORM, A NEW WRITTEN CONSENT SHALL BE PROVIDED
    2  IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRIOR TO THE
    3  USE OF A BODY PIERCING STUDIO OR TATTOO STUDIO BY ANY PERSON UNDER EIGH-
    4  TEEN YEARS OF AGE.
    5    3.  THIS  SECTION  SHALL  BE  EXCLUSIVE AND SHALL PREEMPT ANY CONTRARY
    6  LOCAL LAW OR ORDINANCE, EXCEPT THAT THIS SECTION SHALL  NOT  PREEMPT  OR
    7  SUPERSEDE   LOCAL   LAWS  OR  ORDINANCES  IMPOSING  ADDITIONAL  STRICTER
    8  RESTRICTIONS ON THE  OPERATION  OF  BODY  PIERCING  STUDIOS  AND  TATTOO
    9  STUDIOS WHICH ARE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   10    S  2.  Subdivisions 2 and 3 and the first closing paragraph of section
   11  260.21 of the penal law, as added by chapter 362 of the  laws  of  1992,
   12  are amended to read as follows:
   13    [2.  He  marks  the  body of a child less than eighteen years old with
   14  indelible ink or pigments by means of tattooing; or
   15    3.] 2. He sells or causes to be sold tobacco in any form  to  a  child
   16  less than eighteen years old.
   17    It  is no defense to a prosecution pursuant to subdivision [three] TWO
   18  of this section that the child acted as the agent or  representative  of
   19  another person or that the defendant dealt with the child as such.
   20    S  3.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law; provided, however, that  effective  immediately,  the
   22  addition,  amendment  and/or  repeal of any rule or regulation necessary
   23  for the implementation of this act on its effective date are  authorized
   24  and directed to be made and completed on or before such effective date.