BODY ART: MINORS                                                                                      S.B. 537:

                                                                                  SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 537 (as introduced 9-24-13)

Sponsor:  Senator Glenn S. Anderson

Committee:  Health Policy

 

Date Completed:  3-6-14

 

CONTENT

 

The bill would amend Part 131 (Body Art Facilities) of the Public Health Code to prohibit an individual from tattooing, branding, or performing body piercing on a person under the age of 16; and require a licensee to maintain the written consent of the parent or legal guardian of a minor who was 16 or older for one year.

 

The Code prohibits an individual from tattooing, branding, or performing body piercing on a minor without obtaining the written, informed consent of the minor's parent or legal guardian and proof of that person's authority to give consent. ("Minor" means an individual under the age of 18 who is not emancipated.) The parent or legal guardian must present the minor's birth certificate or legal proof of guardianship to the licensee or the licensee's employee or agent.

 

Under the bill, these provisions would apply in the case of a minor who was at least 16 years old.  The bill would prohibit an individual from tattooing, branding, or performing body piercing on a minor who was younger than 16.

 

The bill also would require a licensee to maintain the written, informed consent executed by the parent or legal guardian of a 16- or 17-year-old in the body art facility's books and records for at least one year.

 

MCL 333.13102                                                             Legislative Analyst:  Julie Cassidy

 

FISCAL IMPACT

 

As a rule, a violation of Part 131 of the Public Health Code is a misdemeanor, punishable by imprisonment for up to 93 days or a maximum fine of $2,500, or both.  By expanding the activities that would be prohibited under Part 131, the bill could increase the number of misdemeanor convictions, resulting in additional criminal justice costs to local units of government and increased fine revenue for public libraries.

 

                                                                                      Fiscal Analyst:  John Maxwell

This 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.