Text: S05032                            Text: S05034
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5033

Amendment Text

PAG LIN
  1  1    Amend Senate File 2067 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Sec.    .  Section 135.37, Code 2001, is amended
  1  5 to read as follows:
  1  6    135.37  TATTOOING AND BODY PIERCING – PERMIT
  1  7 REQUIREMENT PROHIBITIONS – PENALTY.
  1  8    1.  For the purposes of this section:
  1  9    a.  "Body piercing" means for commercial purposes
  1 10 the act of penetrating the skin to make a hole, mark,
  1 11 or scar.  "Body piercing" does not include the use of
  1 12 a mechanized, presterilized, ear-piercing system that
  1 13 penetrates the outer perimeter or lobe of the ear, or
  1 14 both.
  1 15    b.  "Minor" means an unmarried person who is under
  1 16 the age of eighteen.
  1 17    c.  "Parent" means a parent, legal guardian, or
  1 18 legal custodian of a minor.
  1 19    1. 2.  A person shall not own, control and lease,
  1 20 act as an agent for, conduct, manage, or operate an
  1 21 establishment to practice the art of tattooing or to
  1 22 practice body piercing, and a person shall not engage
  1 23 in the practice of tattooing or body piercing, without
  1 24 first applying for and receiving a permit from the
  1 25 Iowa department of public health.
  1 26    2. 3.  a.  A minor shall not obtain a tattoo and a
  1 27 person shall not provide a tattoo to a minor.  For the
  1 28 purposes of this section, "minor" means an unmarried
  1 29 person who is under the age of eighteen years.
  1 30    b.  A person shall not provide body piercing to a
  1 31 minor unless the notarized, written consent of a
  1 32 parent of the minor has been obtained prior to the
  1 33 provision of any body piercing.
  1 34    3. 4.  A person who fails to meet the requirements
  1 35 of subsection 1 2 or a person providing a tattoo to a
  1 36 minor who violates subsection 3 is guilty of a serious
  1 37 misdemeanor.
  1 38    4. 5.  The Iowa department of public health shall:
  1 39    a.  Adopt rules pursuant to chapter 17A and
  1 40 establish and collect all fees necessary to administer
  1 41 this section.  The provisions of chapter 17A,
  1 42 including licensing provisions, judicial review, and
  1 43 appeal, shall apply to this chapter.
  1 44    b.  Establish minimum safety and sanitation
  1 45 criteria for the operation of tattooing establishments
  1 46 that provide tattooing or body piercing.
  1 47    c.  Prescribe the form used in obtaining the
  1 48 notarized, written consent from the parent of a minor
  1 49 under this section.
  1 50    d.  Establish exceptions to the prohibition in
  2  1 subsection 3, paragraph "b" for persons who perform or
  2  2 receive body piercing pursuant to a recognized
  2  3 religious tenet or cultural practice.
  2  4    6.  It is an affirmative defense to a violation of
  2  5 subsection 3 that the person providing the body
  2  6 piercing was presented with a driver's license, as
  2  7 defined in section 321.1, subsection 20A, or a
  2  8 nonoperator's identification card issued pursuant to
  2  9 section 321.190, offered by the individual who wishes
  2 10 to be provided tattooing or body piercing,
  2 11 demonstrating that the individual is not a minor, and
  2 12 the person providing the tattooing or body piercing
  2 13 has a reasonable belief based on factual evidence that
  2 14 the identification is not altered, falsified, or
  2 15 belongs to another individual.
  2 16    5. 7.  If the Iowa department of public health
  2 17 determines that a provision of this section has been
  2 18 or is being violated, the department may order that a
  2 19 tattooing or body piercing establishment not be
  2 20 operated until the necessary corrective action has
  2 21 been taken.  If the establishment continues to be
  2 22 operated in violation of the order of the department,
  2 23 the department may request that the county attorney or
  2 24 the attorney general make an application in the name
  2 25 of the state to the district court of the county in
  2 26 which the violations have occurred for an order to
  2 27 enjoin the violations.  This remedy is in addition to
  2 28 any other legal remedy available to the department."
  2 29    #2.  Title page, line 1, by striking the words
  2 30 "including requiring a permit for".
  2 31    #3.  Title page by striking lines 2 and 3, and
  2 32 inserting the following:  "and tattooing including
  2 33 permit requirements, prohibitions relating to minors,
  2 34 providing".  
  2 35 
  2 36 
  2 37                               
  2 38 NEAL SCHUERER
  2 39 EUGENE S. FRAISE
  2 40 SF 2067.701 79
  2 41 pf/cls
     

Text: S05032                            Text: S05034
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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