SENATE BILL NO. 1281

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Bill Status



S1281................................................by JUDICIARY AND RULES
TATTOOS - BODY PIERCING - Adds to existing law to prohibit the tattooing,
branding or body piercing of minors under the age of fourteen years; to
define terms; to require the written informed consent of a minor's parent
or legal guardian prior to the tattooing, branding or body piercing of a
minor aged between fourteen and eighteen years; to require such consent to
be executed in the presence of certain persons; and to provide penalties.
                                                                        
02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Jud
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 30-2-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Davis, Gannon, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Schroeder, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- Calabretta, Richardson
      Absent and excused -- Geddes, Pearce, Sorensen
    Floor Sponsor - Darrington
    Title apvd - to House
02/26    House intro - 1st rdg - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 59-6-5
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,
      Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
      Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Langford,
      Martinez, McKague, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Mr.
      Speaker
      NAYS -- Bayer, Clark, Kellogg, Langhorst, McGeachin, Meyer
      Absent and excused -- Barrett, Edmunson, Lake, Wills, Wood
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/12    Sp signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 127
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1281
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TATTOOING, BRANDING AND BODY PIERCING OF MINORS; AMENDING  CHAPTER
  3        15,  TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-1523, IDAHO
  4        CODE, TO DEFINE TERMS, TO PROHIBIT CERTAIN ACTIONS ON MINORS UNDER THE AGE
  5        OF FOURTEEN YEARS, TO REQUIRE THE WRITTEN INFORMED CONSENT  OF  A  MINOR'S
  6        PARENT OR LEGAL GUARDIAN PRIOR TO THE TATTOOING, BRANDING OR BODY PIERCING
  7        OF  MINORS  AGED FOURTEEN TO EIGHTEEN YEARS, TO REQUIRE SUCH CONSENT TO BE
  8        EXECUTED IN THE PRESENCE OF CERTAIN PERSONS AND TO PROVIDE PENALTIES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Chapter 15, Title 18, Idaho Code, be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 18-1523, Idaho Code, and to read as follows:
                                                                        
 13        18-1523.  TATTOOING, BRANDING AND BODY PIERCING OF MINORS. (1) As used  in
 14    this section:
 15        (a)  "Body  piercing"  means  the perforation of any human body part other
 16        than an earlobe for the purpose of inserting jewelry or  other  decoration
 17        or for some other nonmedical purpose;
 18        (b)  "Branding"  means  a  permanent  mark made on human tissue by burning
 19        with a hot iron or other instrument for the purpose of decoration  or  for
 20        some other nonmedical purpose;
 21        (c)  "Minor"  means a person under the age of eighteen (18) years but does
 22        not include a person who is an emancipated minor; and
 23        (d)  "Tattoo" means one (1) or more of the following but does not  include
 24        any mark or design done for a medical purpose:
 25             (i)   An  indelible  mark  made  on the body of another person by the
 26             insertion of a pigment under the skin; or
 27             (ii)  An indelible design made on the body of another person by  pro-
 28             duction of scars other than by branding.
 29        (2)  No  person  shall knowingly tattoo, brand or perform body piercing on
 30    any minor under the age of fourteen (14) years.
 31        (3)  No person shall knowingly tattoo, brand or perform body piercing on a
 32    minor between the ages of fourteen (14) and eighteen (18)  years  unless  such
 33    person  obtains  the  prior  written informed consent of the minor's parent or
 34    legal guardian. The minor's parent or legal guardian shall execute the written
 35    informed consent required pursuant to this subsection in the presence  of  the
 36    person performing the tattooing, branding or body piercing on the minor, or in
 37    the presence of an employee or agent of such person.
 38        (4)  A  person  who  violates  this section is guilty of a misdemeanor and
 39    shall be fined not more than five hundred dollars ($500). If there is a subse-
 40    quent violation of this section within one (1) year of the initial  violation,
 41    such  person  shall be fined not less than five hundred dollars ($500) and not
 42    more than one thousand dollars ($1,000).

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13825
     This legislation provides that parental consent is required
for tattooing, branding and body piercing of any person under the
age of eighteen (18) years.  No tattooing, branding or body
piercing may occur on any person under the age of fourteen (14)
years.  Piercing of the ear lobes and piercing for medical
purposes are exempted from this legislation.  Penalty for
violation is an enhanced misdemeanor with additional penalty for
subsequent violation within one year.
                          FISCAL IMPACT
     There is no fiscal impact to the State general fund.


Contact
Name: Senator Denton Darrington 
Phone: (208) 332-1318




STATEMENT OF PURPOSE/FISCAL NOTE                     S 1281