BODY ART FACILITY REGULATION S.B. 1486: FLOOR SUMMARY
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Senate Bill 1486 (as reported without amendment)
Sponsor: Senator John J. Gleason
Committee: Health Policy

CONTENT
The bill would amend Part 131 (Body Art Facilities) of the Public Health Code to:

-- Require a parent or legal guardian giving consent for a minor to obtain a tattoo, branding, or body piercing to provide proof of parenthood or guardianship.
-- Prohibit a person under the influence of alcohol or a controlled substance from tattooing, branding, or performing body piercing.
-- Authorize the Department of Community Health (DCH) or a local health department to order the immediate cessation of tattooing, branding, and body piercing at an unlicensed body art facility, or any facility that was found to be an imminent danger.
-- Provide that a body art facility license would be valid for one year, rather than three; and revise license fees.
-- Require the DCH to distribute a portion of the license fee revenue to local health departments under a cost reimbursement program.
-- Authorize a local health department to place limitations on a body art facility license and, under certain circumstances, to grant a body art facility a variance from a requirement of Part 131.
-- Require an applicant or licensee to give the local health department access to the body art facility and all of its books and records.
-- Require licensees to develop and maintain a bloodborne infectious disease exposure control plan, and ensure that employees received annual training in bloodborne infectious diseases.
-- Increase the penalties for a violation of Part 131 from imprisonment for up to 90 days and/or a maximum fine of $100 to imprisonment for up to 93 days and/or a maximum fine of $2,500.


MCL 333.13101 et al. Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would direct the Department of Community Health to provide license fee revenue to local health departments to cover enforcement costs. The amount of revenue that would be provided is unknown so the fiscal impact on State and local government is indeterminate.


There are no data to indicate how many offenders would be convicted of a misdemeanor under Part 131 and subject to the increased penalties under the bill. Local governments would incur the costs of incarceration in local facilities, which vary by county. Any additional penal fine revenue collected under the bill would benefit public libraries.


Date Completed: 9-16-10 Fiscal Analyst: Steve Angelotti Matthew Grabowski

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1486/0910