2C:40-21 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2001 CHAPTER: 190 NJSA: 2C:40-21 (Tattoos—parental consent) BILL NO: S1239 (Substituted for A811) SPONSOR(S) Palaia and Sinagra DATE INTRODUCED: May 11, 2000 COMMITTEE: ASSEMBLY: ---- SENATE: Health AMENDED DURING PASSAGE: Yes DATE OF PASSAGE: ASSEMBLY: June 28, 2001 SENATE: June 21, 2001 DATE OF APPROVAL: July 31, 2001 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL (2nd reprint enacted) (Amendments during passage denoted by superscript numbers) S1239 SPONSORS STATEMENT: (Begins on page 2 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: No SENATE: Yes FLOOR AMENDMENT STATEMENTS: Yes LEGISLATIVE FISCAL ESTIMATE: No A811 SPONSORS STATEMENT: (Begins on page 2 of original bill) Yes Bill and Sponsors Statement identical to S1239 COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: Yes “State adds sticking point for teen tattoo customers,” 8-3-2001 The Inquirer, pB5 “Parents must OK tattoos,” 8-3-2001 Home News & Tribune, p.A1 “Parental OK required for youthful rebellion,” 8-3-2001 Courier News, p A1 “Parents consent needed for tattoo,” 8-3-2001 Asbury Park Press, pA1 “NJ enacts parental-consent tattoo law,” 8-3-2001 Philadelphia Inquirer, p.B9 SENATE, No. 1239 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED MAY 11, 2000 Sponsored by: Senator JOSEPH A. PALAIA District 11 (Monmouth) Senator JACK SINAGRA District 18 (Middlesex) SYNOPSIS Requires parental consent prior to the tattooing or body piercing of minors. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 12/5/2000) S1239 PALAIA, SINAGRA 2 1 AN ACT requiring parental consent prior to the tattooing or body 2 piercing of minors. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. A person commits a disorderly persons offense if he knowingly 8 tattoos or engages in body piercing of a minor under the age of 18 9 years without first having obtained the written permission of the 10 minor's parent or legal guardian or, if neither exists, a person who 11 stands in place of a parent. 12 13 2. This act shall take effect on the 120th day following enactment. 14 15 16 STATEMENT 17 18 This bill provides that a person who knowingly tattoos or engages 19 in body piercing of a minor under 18 years of age without first having 20 obtained the written permission of the minor's parent, legal guardian 21 or person who stands in place of a parent, is a disorderly person. The 22 bill takes effect on the 120th day following enactment. 23 A person guilty of a disorderly persons offense may be subject to 24 a fine of up to $1,000 and a jail sentence of up to six months. SENATE HEALTH COMMITTEE STATEMENT TO SENATE, No. 1239 with committee amendments STATE OF NEW JERSEY DATED: MAY 31, 2001 The Senate Health Committee reports favorably and with committee amendments Senate Bill No. 1239. As amended by committee, this bill provides that a person shall not knowingly tattoo or engage in body piercing of a minor under 18 years of age without the written consent of the minor's parent or legal guardian. The bill also requires that the parent or legal guardian of the minor shall accompany the minor at the time of the tattooing or body piercing. A person who knowingly tattoos or engages in body piercing of a minor in violation of the provisions of this bill is guilty of a disorderly persons offense. The bill takes effect on the 120th day following enactment. A person guilty of a disorderly persons offense may be subject to a fine of up to $1,000 and a jail sentence of up to six months. The committee amended the bill to clarify the intent of the sponsor and to add the requirement that the parent or guardian be present when the minor receives a tattoo or body piercing. These amendments conform the provisions of the bill with recently proposed Public Health Council amendments (33 N.J.R.949(a)) governing all body art procedures. [First Reprint] SENATE, No. 1239 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED MAY 11, 2000 Sponsored by: Senator JOSEPH A. PALAIA District 11 (Monmouth) Senator JACK SINAGRA District 18 (Middlesex) Co-Sponsored by: Senators Cafiero, Zane, Assemblywoman Crecco, Assemblymen Talarico, Rooney, Blee, LeFevre, Assemblywoman Farragher, Assemblymen Holzapfel, Gibson, Thompson, Merkt, Kelly, Assemblywoman Heck and Assemblyman Augustine SYNOPSIS Requires parental consent prior to the tattooing or body piercing of minors. CURRENT VERSION OF TEXT As reported by the Senate Health Committee on May 31, 2001, with amendments. (Sponsorship Updated As Of: 6/29/2001) S1239 [1R] PALAIA, SINAGRA 2 1 AN ACT requiring parental consent prior to the tattooing or body 2 piercing of minors. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. 1[A person commits a disorderly persons offense if he 8 knowingly tattoos or engages in body piercing of a minor under the 9 age of 18 years without first having obtained the written permission of 10 the minor's parent or legal guardian or, if neither exists, a person who 11 stands in place of a parent.] a. A person shall not knowingly tattoo or 12 engage in body piercing of a minor under 18 years of age without the 13 written consent of the minor's parent or legal guardian. The parent or 14 legal guardian of the minor shall accompany the minor at the time of 15 the tattooing or body piercing. 16 b. A person who knowingly tattoos or engages in body piercing of 17 a minor under the age of 18 years in violation of the provisions of this 18 act is guilty of a disorderly persons offense.1 19 20 2. This act shall take effect on the 120th day following enactment. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Senate SHH committee amendments adopted May 31, 2001. STATEMENT TO [First Reprint] SENATE, No. 1239 with Assembly Floor Amendments (Proposed By Assemblywoman CRECCO and Assemblyman TALARICO) ADOPTED: JUNE 28, 2001 These amendments restore the bill to its original form to provide that a person commits a disorderly persons offense if he knowingly tattoos or engages in body piercing of a minor under the age of 18 years without first having obtained the written permission of the minor's parent or legal guardian or, if neither exists, a person who stands in place of a parent. As amended, this bill is identical to Assembly Bill No. 811. [Second Reprint] SENATE, No. 1239 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED MAY 11, 2000 Sponsored by: Senator JOSEPH A. PALAIA District 11 (Monmouth) Senator JACK SINAGRA District 18 (Middlesex) Co-Sponsored by: Senators Cafiero, Zane, Assemblywoman Crecco, Assemblymen Talarico, Rooney, Blee, LeFevre, Assemblywoman Farragher, Assemblymen Holzapfel, Gibson, Thompson, Merkt, Kelly, Assemblywoman Heck and Assemblyman Augustine SYNOPSIS Requires parental consent prior to the tattooing or body piercing of minors. CURRENT VERSION OF TEXT As amended by the General Assembly on June 28, 2001. (Sponsorship Updated As Of: 6/29/2001) S1239 [2R] PALAIA, SINAGRA 2 1 AN ACT requiring parental consent prior to the tattooing or body 2 piercing of minors. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. 1[A person commits a disorderly persons offense if he knowingly 8 tattoos or engages in body piercing of a minor under the age of 18 9 years without first having obtained the written permission of the 10 minor's parent or legal guardian or, if neither exists, a person who 11 stands in place of a parent.] 2[a. A person shall not knowingly tattoo 12 or engage in body piercing of a minor under 18 years of age without 13 the written consent of the minor's parent or legal guardian. The parent 14 or legal guardian of the minor shall accompany the minor at the time 15 of the tattooing or body piercing. 16 b. A person who knowingly tattoos or engages in body piercing of 17 a minor under the age of 18 years in violation of the provisions of this 18 act is guilty of a disorderly persons offense.1] A person commits a 19 disorderly persons offense if he knowingly tattoos or engages in body 20 piercing of a minor under the age of 18 years without first having 21 obtained the written permission of the minor's parent or legal guardian 22 or, if neither exists, a person who stands in place of a parent.2 23 24 2. This act shall take effect on the 120th day following enactment. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Senate SHH committee amendments adopted May 31, 2001. 2 Assembly floor amendments adopted June 28, 2001. ASSEMBLY, No. 811 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Assemblywoman MARION CRECCO District 34 (Essex and Passaic) Assemblyman GUY F. TALARICO District 38 (Bergen) Co-Sponsored by: Assemblymen Rooney, Blee, LeFevre, Assemblywoman Farragher, Assemblymen Holzapfel, Gibson, Thompson, Merkt, Kelly, Assemblywoman Heck and Assemblyman Augustine SYNOPSIS Requires parental consent prior to the tattooing or body piercing of minors. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. (Sponsorship Updated As Of: 9/22/2000) A811 CRECCO, TALARICO 2 1 AN ACT requiring parental consent prior to the tattooing or body 2 piercing of minors. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. A person commits a disorderly persons offense if he knowingly 8 tattoos or engages in body piercing of a minor under the age of 18 9 years without first having obtained the written permission of the 10 minor's parent or legal guardian or, if neither exists, a person who 11 stands in place of a parent. 12 13 2. This act shall take effect on the 120th day following enactment. 14 15 16 STATEMENT 17 18 This bill provides that a person who knowingly tattoos or engages 19 in body piercing of a minor under 18 years of age without first having 20 obtained the written permission of the minor's parent, legal guardian 21 or person who stands in place of a parent, is a disorderly person. The 22 bill takes effect on the 120th day following enactment. 23 A person guilty of a disorderly persons offense may be subject to 24 a fine of up to $1,000 and a jail sentence of up to six months. ASSEMBLY CONSUMER AFFAIRS AND REGULATED PROFESSIONS COMMITTEE STATEMENT TO ASSEMBLY, No. 811 STATE OF NEW JERSEY DATED: MARCH 1, 2001 The Assembly Consumer Affairs and Regulated Professions Committee reports favorably Assembly Bill No. 811. This bill provides that a person who knowingly tattoos or engages in body piercing of a minor under 18 years of age without first having obtained the written permission of the minor's parent, legal guardian or person who stands in place of a parent, is a disorderly person. The bill takes effect on the 120th day following enactment. A person guilty of a disorderly persons offense may be subject to a fine of up to $1,000 and a jail sentence of up to six months. This bill was pre-filed for introduction in the 2000 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed. ASSEMBLY, No. 811 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Assemblywoman MARION CRECCO District 34 (Essex and Passaic) Assemblyman GUY F. TALARICO District 38 (Bergen) Co-Sponsored by: Assemblymen Rooney, Blee, LeFevre, Assemblywoman Farragher, Assemblymen Holzapfel, Gibson, Thompson, Merkt, Kelly, Assemblywoman Heck and Assemblyman Augustine SYNOPSIS Requires parental consent prior to the tattooing or body piercing of minors. CURRENT VERSION OF TEXT As reported by the Assembly Consumer Affairs and Regulated Professions Committee with technical review. (Sponsorship Updated As Of: 9/22/2000) A811 CRECCO, TALARICO 2 1 AN ACT requiring parental consent prior to the tattooing or body 2 piercing of minors. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. A person commits a disorderly persons offense if he knowingly 8 tattoos or engages in body piercing of a minor under the age of 18 9 years without first having obtained the written permission of the 10 minor's parent or legal guardian or, if neither exists, a person who 11 stands in place of a parent. 12 13 2. This act shall take effect on the 120th day following enactment. §1 C.2C:40-21 §2 Note P.L. 2001, CHAPTER 190, approved July 31, 2001 Senate, No. 1239 (Second Reprint) 1 AN ACT requiring parental consent prior to the tattooing or body 2 piercing of minors. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. 1[A person commits a disorderly persons offense if he knowingly 8 tattoos or engages in body piercing of a minor under the age of 18 9 years without first having obtained the written permission of the 10 minor's parent or legal guardian or, if neither exists, a person who 11 stands in place of a parent.] 2[a. A person shall not knowingly tattoo 12 or engage in body piercing of a minor under 18 years of age without 13 the written consent of the minor's parent or legal guardian. The parent 14 or legal guardian of the minor shall accompany the minor at the time 15 of the tattooing or body piercing. 16 b. A person who knowingly tattoos or engages in body piercing of 17 a minor under the age of 18 years in violation of the provisions of this 18 act is guilty of a disorderly persons offense.1] A person commits a 19 disorderly persons offense if he knowingly tattoos or engages in body 20 piercing of a minor under the age of 18 years without first having 21 obtained the written permission of the minor's parent or legal guardian 22 or, if neither exists, a person who stands in place of a parent.2 23 24 2. This act shall take effect on the 120th day following enactment. 25 26 27 28 29 Requires parental consent prior to the tattooing or body piercing of 30 minors. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Senate SHH committee amendments adopted May 31, 2001. 2 Assembly floor amendments adopted June 28, 2001. CHAPTER 190 AN ACT requiring parental consent prior to the tattooing or body piercing of minors. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.2C:40-21 Tattooing of a minor; parental permission, required. 1. A person commits a disorderly persons offense if he knowingly tattoos or engages in body piercing of a minor under the age of 18 years without first having obtained the written permission of the minor's parent or legal guardian or, if neither exists, a person who stands in place of a parent. 2. This act shall take effect on the 120th day following enactment. Approved July 31, 2001. Office of the Governor PO BOX 004 TRENTON, NJ 08625 CONTACT: Rae HuttonNEWS RELEASE or Kristin Zebrowski 609-777-2600 RELEASE: August 2, 2001 Acting Governor Donald T. DiFrancesco has signed the following legislation: S-1239, sponsored by Senators Joseph Palaia (R-Monmouth) and Jack Sinagra (R-Middlesex) and Assembly members Marion Crecco (R-Essex/Passaic) and Guy Talarico (R-Bergen), requires parental consent prior to tattooing or body piercing of minors. This bill makes it a disorderly offense for a person to knowingly tattoo or body pierce a minor under the age of 18 without prior consent of the parent or guardian. S-232, sponsored by Senator Wayne Bryant (D-Camden/Gloucester) and Assemblymen Neil Cohen (D-Union), requires a child support order relating to health care coverage be enforced through National Medical Support Notice and indicate the party responsible for maintaining the coverage. S-812, sponsored by Senators Joseph Kyrillos (R-Middlesex/Monmouth) and Bernard Kenny (D- Hudson) and Assemblyman Joseph Azzolina (R-Middlesex/Monmouth), provides that a municipal authority may allow certain employees to waive the SHBP coverage to which the employee is entitled by virtue of employment with the municipal authority. S-1641, sponsored by Senators John Matheussen (R-Camden/Gloucester) and Norman Robertson (R-Essex/Passaic) and Assemblymen Kip Bateman (R-Morris/Somerset) and Charles Zisa (D- Bergen), directs certain juvenile justice records be available to law enforcement agencies and prosecutors on a 24-hour basis. Types of information which would be made available under this bill includes juvenile arrest information, juvenile disposition information, juvenile pretrial detention information and information concerning the probation status of a juvenile. A-1980, sponsored by Senate Majority Leader John Bennett (R-Monmouth) and Assemblyman Neil Cohen (D-Union), permits a corporation to change from an operating corporation to a holding corporation without shareholder approval and without the need to transfer assets and liabilities. A-3219, sponsored by Senators Gerald Cardinale (R-Bergen) and Garry Furnari (D- Bergen/Essex/Passaic) and Assemblymen Kip Bateman (R-Morris/Somerset) and Richard Merkt (R-Morris), limits the cost of a "Y2K" examination of a domestic fraternal benefit society to no more than one percent of the society's 1999 net premiums received. The balance for any such examination would be paid by the Department of Banking and Insurance. A-314, sponsored by Senators Jack Sinagra (R-Middlesex) and John Adler (D-Camden) and Assembly members Charlotte Vandervalk (R-Bergen) and Neil Cohen (D-Union), establishes a permanent commission to be known as the "New Jersey Health Data Commission. The 33- member Commission would collect and maintain health data from State government agencies or other entities. The bill also appropriates $94,000 and assumes that the cost to the State to operate the Commission will be partially offset by payments for Commission documents and receipt of grants.