S T A T E O F N E W Y O R K
________________________________________________________________________
4114--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. BUTLER, FITZPATRICK, P. RIVERA, MONTESANO,
BURLING, DUPREY, JAFFEE -- Multi-Sponsored by -- M. of A. ARROYO,
BARCLAY, CALHOUN, CERETTO, McDONOUGH, McLAUGHLIN, PALMESANO -- read
once and referred to the Committee on Health -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public health law and the penal law, in relation to
allowing body piercing and tattooing with parental or guardian consent
for persons under the age of eighteen
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
460-a to read as follows:
S 460-A. RESTRICTIONS ON BODY PIERCING STUDIOS AND TATTOO STUDIOS. 1.
NO OWNER, OPERATOR OR EMPLOYEE OF A BODY PIERCING STUDIO OR TATTOO
STUDIO SHALL PERMIT BODY PIERCING OR TATTOOING ON A PERSON UNDER EIGH-
TEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY PIERCING STUDIO
OR TATTOO STUDIO WITH THE WRITTEN CONSENT, IN A FORM PRESCRIBED BY THE
COMMISSIONER, OF A PARENT OR LEGAL GUARDIAN TO USE SUCH BODY PIERCING
STUDIO OR TATTOO STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH
CONSENT FORM IN THE PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO OR
TATTOO STUDIO OR A BODY PIERCING SPECIALIST OR TATTOO SPECIALIST OF SUCH
STUDIO. SUCH ORIGINAL WRITTEN CONSENT SHALL BE RETAINED BY THE BODY
PIERCING STUDIO OR TATTOO STUDIO FOR A PERIOD OF TWELVE MONTHS AND MAY
BE RETAINED OFF PREMISES PROVIDED THAT AN ELECTRONIC IMAGE OR FACSIMILE
OF THE ORIGINAL SIGNED CONSENT FORM IS READILY AVAILABLE BY THE OWNER OR
EMPLOYEE RESPONSIBLE FOR THE OPERATION OF THE BODY PIERCING STUDIO OR
TATTOO STUDIO.
2. A WRITTEN CONSENT FORM SIGNED BY A PARENT OR LEGAL GUARDIAN PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION SHALL EXPIRE TWELVE MONTHS FROM
THE DATE IT IS SIGNED BY THE PARENT OR LEGAL GUARDIAN. UPON THE EXPIRA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08429-02-1
A. 4114--A 2
TION OF A WRITTEN CONSENT FORM, A NEW WRITTEN CONSENT SHALL BE PROVIDED
IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRIOR TO THE
USE OF A BODY PIERCING STUDIO OR TATTOO STUDIO BY ANY PERSON UNDER EIGH-
TEEN YEARS OF AGE.
3. THIS SECTION SHALL BE EXCLUSIVE AND SHALL PREEMPT ANY CONTRARY
LOCAL LAW OR ORDINANCE, EXCEPT THAT THIS SECTION SHALL NOT PREEMPT OR
SUPERSEDE LOCAL LAWS OR ORDINANCES IMPOSING ADDITIONAL STRICTER
RESTRICTIONS ON THE OPERATION OF BODY PIERCING STUDIOS AND TATTOO
STUDIOS WHICH ARE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
S 2. Subdivisions 2 and 3 and the first closing paragraph of section
260.21 of the penal law, as added by chapter 362 of the laws of 1992,
are amended to read as follows:
[2. He marks the body of a child less than eighteen years old with
indelible ink or pigments by means of tattooing; or
3.] 2. He sells or causes to be sold tobacco in any form to a child
less than eighteen years old.
It is no defense to a prosecution pursuant to subdivision [three] TWO
of this section that the child acted as the agent or representative of
another person or that the defendant dealt with the child as such.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.