HOUSE OF REPRESENTATIVES

H.B. NO.

1284

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to tattoos.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XXX to be appropriately designated and to read as follows:

"321- Tattoo of minor; consent of parent or guardian required. (a) No tattoo artist shall apply any permanent tattoo without first:

(1) Informing the prospective client that consent of a parent or guardian is required prior to application of a permanent tattoo to a minor;

(2) Ascertaining, by reasonable request for identification, the prospective client's status as a minor or adult; and

(3) If the prospective client is a minor, obtaining written consent from the minor's parent or guardian in person or obtaining written notarized consent from the minor's parent or guardian; provided that the written consent or written notarized consent shall identify the tattoo design to be used and the part of the body to which the tattoo is to be applied.

(b) Tattoo licensees shall maintain written consents and written notarized consents in a confidential manner for not less than two years.

(c) In addition to any other penalties, any person who violates subsection (a)(3) shall be guilty of a petty misdemeanor."

SECTION 2. Chapter 577, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"577- Tattoo of minor; consent of parent or guardian required. No minor shall have any permanent tattoo applied to the minor's body unless:

(1) The minor first informs a tattoo artist, as defined in section 321-372, of the minor's status as required pursuant to section 321-   ; and

(2) The minor's parent or guardian is present and consents to the tattoo in writing or the minor provides written notarized consent from the minor's parent or guardian; provided that the written consent or written notarized consent shall identify the tattoo design to be used and the part of the body to which the tattoo is to be applied."

SECTION 3. Section 321-379, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Violations of this part include but are not limited to:

(1) Submitting to or filing with the department any application, notice, statement, or other document in procuring or attempting to procure licensure as a tattoo artist that is false or untrue or contains any material misstatement of fact, or assisting another party in doing so;

(2) Using the title licensed tattoo artist or any other designation tending to imply that the person is a licensed tattoo artist when the person is not in fact licensed or the person's license has been suspended or revoked;

(3) Violating the conditions or limitations of a permit or a license or assisting another party in violating those conditions;

(4) Engaging in conduct resulting in physical injury to an individual or the public in the course of professional services or activities;

(5) Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this part;

(6) Tattooing any person under the age of eighteen without the written consent of the person's parent or legal guardian or not maintaining the consent forms in a confidential manner [at the tattoo shop] for not less than two years; or

(7) Making a false or misleading statement to the department relating to any matter under this part."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Tattoos; Minors; Parent or Guardian Consent

 

Description:

Prior to the application of a tattoo for a minor, requires a tattoo artist to inform the prospective client that the consent of a parent or guardian is required for a minor, ascertain identification of the prospective client's minor status, and obtain the written consent of a parent or guardian. Makes it a petty misdemeanor to apply a tattoo to a minor without the written consent of parent or guardian.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.