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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
]]]] 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
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