H.B. 117 Enrolled

1

REGULATION OF TATTOO INDUSTRY
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jon E. Stanard
5 Senate Sponsor: Karen Mayne
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 76, Chapter 10, Part 22, Public Health Offenses.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . provides that consent of a minor's parent or legal guardian to receive a body
14 piercing or a tattoo shall include a parent or guardian's written and signed
15 permission in addition to the parent or guardian's presence;
16 . provides that a person is not guilty of unlawful body piercing or tattooing of a
17 minor, if the person makes and retains a photocopy of an apparently valid driver
18 license or other government-issued picture identification that expressly purports that
19 the minor is 18 years or older before the person performs the body piercing or
20 tattooing; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 76-10-2201, as last amended by Laws of Utah 2006, Chapter 99
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 76-10-2201 is amended to read:
32 76-10-2201. Unlawful body piercing and tattooing of a minor -- Penalties.
33 (1) As used in this section:
34 (a) "Body piercing" means the creation of an opening in the body, excluding the ear,
35 for the purpose of inserting jewelry or other decoration.
36 (b) "Consent of a minor's parent or legal guardian" means the presence of a parent or
37 legal guardian during the performance of body piercing or tattooing upon the minor after the
38 parent or legal guardian has provided:
39 (i) reasonable proof of personal identity and familial relationship[.]; and
40 (ii) written permission signed by the parent or legal guardian authorizing the
41 performance of body piercing or tattooing upon the minor.
42 (c) "Minor" means a person younger than 18 years of age who:
43 (i) is not married; and
44 (ii) has not been declared emancipated by a court of law.
45 [(d) "Personal identification number" means the number of an apparently valid driver's
46 license or other picture identification card that expressly states that the person is 18 years of
47 age or older.]
48 [(e)] (d) "Tattoo" means to fix an indelible mark or figure upon the body by inserting a
49 pigment under the skin or by producing scars.
50 (2) A person is guilty of unlawful body piercing of a minor if [he] the person performs
51 or offers to perform a body piercing:
52 (a) upon a minor;
53 (b) without receiving the consent of the minor's parent or legal guardian; and
54 (c) for remuneration or in the course of a business or profession.
55 (3) A person is guilty of unlawful tattooing of a minor if [he] the person performs or
56 offers to perform a tattooing:
57 (a) upon a minor;

58 (b) without receiving the consent of the minor's parent or legal guardian; and
59 (c) for remuneration or in the course of a business or profession.
60 (4) A person is not guilty of Subsection (2) or (3), if the person:
61 (a) [had] has no actual knowledge of the minor's age; and
62 (b) [reviewed, recorded, and has maintained a personal identification number for the
63 minor prior to performing an unlawful] reviews, photocopies, and retains the photocopy of an
64 apparently valid driver license or other government-issued picture identification for the minor
65 that expressly purports that the minor is 18 years of age or older before the person performs the
66 body piercing or [unlawful] tattooing.
67 (5) (a) A person who violates Subsection (2) or (3) is guilty of a class B misdemeanor.
68 (b) The owner or operator of a business in which a violation of Subsection (2) or (3)
69 occurs is subject to a civil penalty of $1,000 for each violation.

[Bill Documents]