NY State Senate Bill 2013-S3836B

Senate Bill S3836B

2013-2014 Legislative Session

Relates to requiring purchasers of tattoo equipment to prove they have a permit to operate a tattoo parlor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
Nov 25, 2013	print number 3836b
Nov 25, 2013	amend and recommit to health
Apr 25, 2013	print number 3836a
Apr 25, 2013	amend and recommit to health
Feb 21, 2013	referred to health

Bill Amendments

Original

B (Active)

2013-S3836 - Details

See Assembly Version of this Bill:: A6108
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §467, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S6211, A6674

2013-S3836 - Summary

Requires purchasers of tattoo equipment to prove that they have a permit to operate a tattoo parlor.

2013-S3836 - Sponsor Memo

                                BILL NUMBER:S3836

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring purchasers of tattoo equipment to prove they have a permit
to operate a tattoo parlor

PURPOSE:  The purpose of this bill is to require proof of license to
operate as a tattooist, or to operate a tattoo studio, in order to
purchase tattoo equipment.

SUMMARY OF PROVISIONS:

Section one defines tattoo equipment and requires that any purchaser
of tattoo equipment show proof of a valid permit issued by the
Department of Health, under section 461 of the Public Health Law.
This section restricts the proof of permit requirement to transactions
involving equipment used solely to apply tattoos.

Section two provides that the bill shall take effect immediately.

EXISTING LAW:

Under current law, a person must obtain a license from the Department
of Health in order to operate as a tattoo artist. There is no
limitation however on the purchase of tattoo equipment.

JUSTIFICATION:

Tattooing involves the use of needles and other instruments capable of
spreading lethal bloodborne diseases such as Hepatitis and HIV/AIDS.
Prompted by the concern that the increasing popularity of tattoos
would exacerbate these public health risks, the State in 2001 enacted
legislation to regulate the tattoo and body piercing industry. This
legislation required tattoo artists to obtain a license from the
Department of Health, and to conform to sanitation and other
standards. Enforcement of this permit requirement remains hampered,
however, by the unregulated sale of tattoo equipment, which is
available to the licensed and unlicensed alike. As a result, many
individuals continue to receive tattoos from artists and
establishments not in compliance with safety and health codes.  At
least one local government (Suffolk) has taken measures to address
this problem by regulating the purchase of tattoo equipment. As in
2001, however, regulation is needed at the State level. This bill
closes a gap in New York's regulatory scheme by requiring purchasers
of tattoo equipment to show proof of a valid permit, ensuring that
tattoo equipment does not fall into the wrong hands. This bill is
strictly limited to equipment used solely to apply tattoos; inks and
other material or equipment that do not have as their sole use the
application of tattoos are excluded.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.  EFFECTIVE DATE:  This act shall take
effect immediately.

2013-S3836 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3836

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to requiring purchas-
  ers of tattoo equipment to prove they  have  a  permit  to  operate  a
  tattoo parlor

  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
467 to read as follows:
  S 467. PROOF OF PERMIT REQUIRED FOR THE PURCHASE OF EQUIPMENT.  1. FOR
THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS: "TATTOO EQUIPMENT" SHALL  INCLUDE BUT NOT  BE  LIMITED  TO
TATTOO  MACHINES  AND  MACHINE PARTS, PNEUMATIC TATTOO EQUIPMENT, TATTOO
INKS AND OTHER EQUIPMENT OR INSTRUMENTS USED SOLELY  TO  APPLY  TATTOOS;
"PURCHASER" SHALL MEAN ANY INDIVIDUAL, GROUP OR BUSINESS ENTITY.
  2.   ANY PURCHASER OF TATTOO EQUIPMENT SHALL BE REQUIRED TO SHOW PROOF
OF A CURRENT VALID PERMIT, REQUIRED UNDER SECTION FOUR HUNDRED SIXTY-ONE
OF THIS CHAPTER AT THE TIME OF SALE. PURCHASERS UNABLE TO PROVIDE  PROOF
OF   PERMIT   ARE  PROHIBITED  FROM  PURCHASING  TATTOO  EQUIPMENT.  THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TRANSACTIONS REGARDLESS OF
WHETHER CURRENCY IS EXCHANGED FOR TATTOO EQUIPMENT.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED  TO  PROHIBIT
THE  PURCHASE  OF MACHINE PARTS OR OTHER EQUIPMENT THAT DOES NOT HAVE AS
ITS PRIMARY PURPOSE THE DRAWING OF TATTOOS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02303-02-3

2013-S3836A - Details

See Assembly Version of this Bill:: A6108
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §467, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S6211, A6674

2013-S3836A - Summary

Requires purchasers of tattoo equipment to prove that they have a permit to operate a tattoo parlor.

2013-S3836A - Sponsor Memo

                                BILL NUMBER:S3836A

TITLE  OF BILL:  An act to amend the public health law, in relation to
requiring purchasers of tattoo equipment to prove they have  a  permit
to operate a tattoo parlor

PURPOSE:    The purpose of this bill is to require proof of license to
operate as a tattooist, or to operate a tattoo  studio,  in  order  to
purchase tattoo equipment.

SUMMARY OF PROVISIONS:

Section  one  defines tattoo equipment and requires that any purchaser
of tattoo equipment show  proof  of  a  valid  permit  issued  by  the
Department  of  Health,  under  section  461 of the Public Health Law.
This section restricts the proof of permit requirement to transactions
involving equipment used solely to apply tattoos.

Section two provides that the  bill  shall  take  effect  immediately;
provided  that,  if  the regulations concerning the permitting process
for tattoo artists have not been issued, the bill shall go into effect
180 days after such regulations are issued.

EXISTING LAW:  Under current law, a person must obtain a license  from
the Department of Health in order to operate as a tattoo artist. There
is no limitation however on the purchase of tattoo equipment.

JUSTIFICATION:    Tattooing  involves  the  use  of  needles and other
instruments capable of spreading lethal bloodborne  diseases  such  as
Hepatitis  and HIV/AIDS.   Prompted by the concern that the increasing
popularity of tattoos would exacerbate these public health risks,  the
State  in  2001  enacted  legislation  to regulate the tattoo and body
piercing industry. This legislation required tattoo artists to  obtain
a  license from the Department of Health, and to conform to sanitation
and other standards. Enforcement of this  permit  requirement  remains
hampered,  however, by the unregulated sale of tattoo equipment, which
is available to the licensed and unlicensed alike. As a  result,  many
individuals   continue   to   receive   tattoos   from   artists   and
establishments not in compliance with safety and health codes.

At least one local government (Suffolk) has taken measures to  address
this  problem  by  regulating  the purchase of tattoo equipment. As in
2001, however, regulation is needed at  the  State  level.  This  bill
closes  a  gap in New York's regulatory scheme by requiring purchasers
of tattoo equipment to show proof of a  valid  permit,  ensuring  that
tattoo  equipment  does  not  fall  into the wrong hands. This bill is
strictly limited to equipment used solely to apply tattoos;  inks  and
other  material  or  equipment  that do not have as their sole use the
application of tattoos are excluded.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:. None.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S3836A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3836--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed  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, in relation to requiring purchas-
  ers  of  tattoo  equipment  to  prove  they have a permit to operate a
  tattoo parlor

  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
467 to read as follows:
  S 467. PROOF OF PERMIT REQUIRED FOR THE PURCHASE OF EQUIPMENT.  1. FOR
THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
ING  MEANINGS:  "TATTOO EQUIPMENT" SHALL   INCLUDE BUT NOT BE LIMITED TO
TATTOO MACHINES AND MACHINE PARTS, PNEUMATIC  TATTOO  EQUIPMENT,  TATTOO
INKS  AND  OTHER  EQUIPMENT OR INSTRUMENTS USED SOLELY TO APPLY TATTOOS;
"PURCHASER" SHALL MEAN ANY INDIVIDUAL, GROUP OR BUSINESS ENTITY.
  2.  ANY PURCHASER OF TATTOO EQUIPMENT SHALL BE REQUIRED TO SHOW  PROOF
OF A CURRENT VALID PERMIT, REQUIRED UNDER SECTION FOUR HUNDRED SIXTY-ONE
OF  THIS ARTICLE AT THE TIME OF SALE. PURCHASERS UNABLE TO PROVIDE PROOF
OF  PERMIT  ARE  PROHIBITED  FROM  PURCHASING  TATTOO   EQUIPMENT.   THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TRANSACTIONS REGARDLESS OF
WHETHER CURRENCY IS EXCHANGED FOR TATTOO EQUIPMENT.
  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT
THE PURCHASE OF MACHINE PARTS OR OTHER EQUIPMENT THAT DOES NOT  HAVE  AS
ITS PRIMARY PURPOSE THE DRAWING OF TATTOOS.
  S  2.  This act shall take effect immediately; provided, however, that
if the department of health has not issued the regulations necessary  to
implement  the permitting requirements established by article 4-A of the
public health law by such effective  date,  then  this  act  shall  take
effect  on  the  one  hundred eightieth day after such regulations shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02303-03-3

S. 3836--A                          2

have been issued; provided further,  that  the  commissioner  of  health
shall  notify  the  legislative bill drafting commission upon the occur-
rence of the enactment of the legislation provided for in  this  act  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

2013-S3836B (ACTIVE) - Details

See Assembly Version of this Bill:: A6108
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §467, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S6211, A6674

2013-S3836B (ACTIVE) - Summary

Requires purchasers of tattoo equipment to prove that they have a permit to operate a tattoo parlor.

2013-S3836B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3836B

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring purchasers of tattoo equipment to prove they have a permit
to operate a tattoo parlor

PURPOSE:

The purpose of this bill is to require proof of license to operate as
a tattoo artist, or to operate a tattoo studio, in order to purchase
tattoo equipment.

SUMMARY OF PROVISIONS:

Section one amends the public health law through the addition of a new
section 467. This section requires that any purchaser of tattoo
equipment show proof of a valid permit issued by the Department of
Health, under section 461 of the Public Health Law. This section
restricts the proof of permit requirement to transactions involving
equipment used solely to apply tattoos. For the purposes of this
section "tattoo equipment" shall but not be limited to tattoo machines
and machine parts, pneumatic tattoo equipment, tattoo inks and other
equipment or instruments used solely to apply tattoos, "purchaser"
shall mean any individual group or business entity.

Section two provides that the commissioner or health shall promulgate

and adopt rules and reoulations to implement the provisions of article
4-A of the public health law within 180 days of date of this act.

Section three provides that the bill shall take effect immediately;
provided that, if the regulations concerning the permitting process
for tattoo artists have not been issued, the bill shall go into effect
180 days after such regulations are issued.

EXISTING LAW:

Under current law, a person must obtain a license from the Department
of Health in order to operate as a tattoo artist. There is no
limitation however on the purchase of tattoo equipment.

JUSTIFICATION:

Tattooing involves the use of needles and other instruments capable of
spreading lethal blood borne diseases such as Hepatitis and HIV/AIDS.
Prompted by the concern that the increasino popularity of tattoos
would exacerbate these public health risks, the State in 2001 enacted
legislation to regulate the tattoo and body piercing industry. This
legislation required tattoo artists to obtain a license from the
Department of Health, and to conform to sanitation and other
standards. Enforcement of this permit requirement remains hampered,
however, by the unregulated sale of tattoo equipment, which is
available to the licensed and unlicensed alike. As a result, many
individuals continue to receive tattoos from artists and
establishments not in compliance with safety and health codes.

At least one local government {Suffolk) has taken measures to address
this problem by regulating the purchase of tattoo equipment. As in


2001, however, regulation is needed at the State level. This bill
closes a gap in New York's regulatory scheme by requiring purchasers
of tattoo equipment to show proof of a valid permit, ensuring that
tattoo equipment does not fall into the wrong hands. This bill is
strictly limited to equipment used solely to apply tattoos; inks and
other material or equipment that do not have as their sole use the
application of tattoos are excluded.

LEGISLATIVE HISTORY:

S.3836A of 2013 - Referred to Health

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall be effective immediately.

2013-S3836B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3836--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to requiring purchas-
  ers of tattoo equipment to prove they  have  a  permit  to  operate  a
  tattoo parlor

  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
467 to read as follows:
  S 467. PROOF OF PERMIT REQUIRED FOR THE PURCHASE OF EQUIPMENT.  1. FOR
THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS: "TATTOO EQUIPMENT" SHALL  INCLUDE BUT NOT  BE  LIMITED  TO
TATTOO  MACHINES  AND  MACHINE PARTS, PNEUMATIC TATTOO EQUIPMENT, TATTOO
INKS AND OTHER EQUIPMENT OR INSTRUMENTS USED SOLELY  TO  APPLY  TATTOOS;
"PURCHASER" SHALL MEAN ANY INDIVIDUAL, GROUP OR BUSINESS ENTITY.
  2.   ANY PURCHASER OF TATTOO EQUIPMENT SHALL BE REQUIRED TO SHOW PROOF
OF A CURRENT VALID PERMIT, REQUIRED UNDER SECTION FOUR HUNDRED SIXTY-ONE
OF THIS ARTICLE AT THE TIME OF SALE. PURCHASERS UNABLE TO PROVIDE  PROOF
OF   PERMIT   ARE  PROHIBITED  FROM  PURCHASING  TATTOO  EQUIPMENT.  THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TRANSACTIONS REGARDLESS OF
WHETHER CURRENCY IS EXCHANGED FOR TATTOO EQUIPMENT.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED  TO  PROHIBIT
THE  PURCHASE  OF MACHINE PARTS OR OTHER EQUIPMENT THAT DOES NOT HAVE AS
ITS PRIMARY PURPOSE THE DRAWING OF TATTOOS.
  S 2. The commissioner of health shall promulgate and adopt  rules  and
regulations  to  implement  the  provisions of article 4-A of the public
health law within 180 days of the effective date of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02303-05-3

S. 3836--B                          2

  S 3. This act shall take effect immediately; provided,  however,  that
if  the  department  of  health  has not promulgated the rules and regu-
lations necessary to implement the provisions  of  article  4-A  of  the
public  health  law  by  such  effective  date, then this act shall take
effect  on  the date that the commissioner of health adopted and promul-
gated such rules and regulations pursuant to section two of this act  or
upon  the  expiration  of the period of time set forth in section two of
this act, whichever is earlier; provided further, that the  commissioner
of health shall notify the legislative bill drafting commission upon the
occurrence of the adoption and promulgation of the rules and regulations
provided  for  in  this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating  the  provisions
of  section  44  of  the  legislative law and section 70-b of the public
officers law.

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Senate Bill S3836B

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2013-S3836 - Details

2013-S3836 - Summary

2013-S3836 - Sponsor Memo

2013-S3836 - Bill Text download pdf

2013-S3836A - Details

2013-S3836A - Summary

2013-S3836A - Sponsor Memo

2013-S3836A - Bill Text download pdf

2013-S3836B (ACTIVE) - Details

2013-S3836B (ACTIVE) - Summary

2013-S3836B (ACTIVE) - Sponsor Memo

2013-S3836B (ACTIVE) - Bill Text download pdf

Comments