Current Status Bill Number:25 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Mescher All Sponsors:Mescher Drafted Document Number:res1103.wcm Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Date of Last Amendment:19970319 Subject:Tattooing and tattoo parlors, registration standards; Health and Environmental Control Department
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970320 Introduced, read first time, 27 H3M
referred to Committee
Senate 19970319 Amended, read third time,
sent to House
Senate 19970318 Read second time, ordered to
third reading with notice of
general amendments
Senate 19970318 Committee amendment adopted
Senate 19970313 Committee report: Favorable with 13 SMA
amendment
Senate 19970114 Introduced, read first time, 13 SMA
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 19, 1997
S. 25
S. Printed 3/19/97--S.
Read the first time January 14, 1997.
TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700 OF THE 1976 CODE, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-700 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-17-700. (A) It is unlawful for a person to tattoo:
(1) any part of the body of another person under the age of eighteen;
(2) part of the head, face, or neck of another person;
(3) a person without following the November 15, 1985, Centers for Disease Control document (MMWR Volume 34, Number 45) entitled 'Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus in the Workplace', the June 23, 1989, Centers for Disease Control document (MMWR Volume 38, Number S-6) entitled 'Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public Safety Workers' as these documents apply to personal service workers, or equivalent guidelines developed by the Department of Health and Environmental Control and appropriate supplements or revisions to these documents or these guidelines.
However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery.
A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both. For a second or subsequent offense, a person must be fined in the discretion of the court and must be sentenced to a mandatory term of imprisonment of one year.
(B) A tattoo artist shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a tattoo artist uses.
(C)(1) A person engaged in tattooing shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.
(2) Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section."
SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-705. A person under the age of eighteen who is tattooed in violation of Section 16-17-700(A)(1) may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees."
SECTION 3. This act takes effect upon approval by the Governor.