Full Text of HB4523 94th General Assembly
HB4523 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4523
Introduced 1/11/2006, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.663 new |
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Creates the Tattoo and Body Piercing Establishment Registration Act. Provides for the registration of tattoo and body piercing establishments by the Department of Public Health to ensure the health, safety, and welfare of the public, including the provision of a safe and adequate blood supply. Sets forth provisions concerning registration, operating requirements, duties of the Department, and administrative procedures. Amends the State Finance Act to create the
Tattoo and Body Piercing Establishment Registration Fund.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4523 |
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LRB094 16427 RAS 51687 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Tattoo | 5 |
| and Body Piercing Establishment Registration Act . | 6 |
| Section 5. Purpose. It has been established that | 7 |
| non-sterile needles can lead to the spread of certain | 8 |
| blood-borne illnesses such as Hepatitis and HIV. Tattoo and | 9 |
| body piercing practices affect the health, safety, and welfare | 10 |
| of the public, therefore, the General Assembly finds that the | 11 |
| regulation of tattoo and body piercing establishments by the | 12 |
| State is necessary to ensure public health, safety, and | 13 |
| welfare. It is further declared that the purpose of this Act is | 14 |
| to provide for a safe and adequate blood supply. This Act shall | 15 |
| be liberally construed to carry out these objectives and | 16 |
| purposes. | 17 |
| Section 10. Definitions. In this Act:
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| "Body Piercing" means penetrating the skin to make a hole, | 19 |
| mark, or scar that is generally permanent in nature.
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| "Client" means the person, customer, or patron whose skin | 21 |
| will be tattooed or pierced.
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| "Communicable disease" means a disease that can be | 23 |
| transmitted from person to person directly or indirectly, | 24 |
| including diseases transmitted via blood or body fluids. | 25 |
| "Department" means the Department of Public Health or other | 26 |
| health authority designated as its agent. | 27 |
| "Director" means the Director of Public Health or his or | 28 |
| her designee. | 29 |
| "Establishment" means body-piercing operation, a tattooing | 30 |
| operation, or a
combination of both operations in a | 31 |
| multiple-type establishment. |
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| "Ink cup" means a small container for an individual portion | 2 |
| of pigment that may be installed in a holder or palette and in | 3 |
| which a small amount of pigment of a given color is placed.
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| "Multi-type establishment" means an operation encompassing | 5 |
| both body piercing and tattooing on the same premises and under | 6 |
| the same management.
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| "Operator" means an individual, partnership, corporation, | 8 |
| association, or other entity engaged in the business of owning, | 9 |
| managing, or offering services of body piercing or tattooing.
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| "Single use" means items that are intended for one time and | 11 |
| one person use only and are to then be discarded. | 12 |
| "Sterilize" means to treat an object or surface with a | 13 |
| procedure that kills or irreversibly inactivates all | 14 |
| microorganisms, including bacteria, viruses, and pathogenic | 15 |
| fungi and their spores. | 16 |
| "Tattooing" means making permanent marks on the skin of a | 17 |
| live human being by puncturing the skin and inserting indelible | 18 |
| colors. "Tattooing" includes imparting permanent makeup on the | 19 |
| skin, such as permanent lip coloring and permanent eyeliner. | 20 |
| "Tattooing" does not include any of the following: | 21 |
| (1) The practice of electrology as defined in the | 22 |
| Electrology Licensing Act. | 23 |
| (2) The practice of acupuncture as defined in the | 24 |
| Acupuncture Licensing Act. | 25 |
| (3) The use, by a physician licensed to practice | 26 |
| medicine in all its branches, of colors, dyes, or pigments | 27 |
| for the purpose of obscuring scar tissue or imparting color | 28 |
| to the skin for cosmetic, medical, or figurative purposes. | 29 |
| Section 15. Registration required. | 30 |
| (a) A certificate of registration issued by the Department | 31 |
| shall be required prior to the operation of any establishment | 32 |
| or multi-type establishment. The owner of the facility shall | 33 |
| file an application for a certificate of registration with the | 34 |
| Department that shall be accompanied by the requisite fee, as | 35 |
| determined by the Department, and include all of the following |
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| information: | 2 |
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(1) The applicant's (owner) name, address, telephone | 3 |
| number, and age.
In order to qualify for a certificate of | 4 |
| registration under this Act, an applicant must be at least | 5 |
| 18 years of age. | 6 |
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(2) The name, address, and phone number of the | 7 |
| establishment. | 8 |
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(3) The type and year of manufacture of the equipment | 9 |
| proposed to be used for tattooing or body piercing. | 10 |
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(4) The sterilization and operation procedures to be | 11 |
| used by the establishment.
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| (5) Any other information required by the Department.
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| (b) If the owner owns or operates more than one | 14 |
| establishment, the owner shall file a separate application for | 15 |
| each facility owned or operated. | 16 |
| Section 20. Operating requirements. All establishments | 17 |
| registered under this Act must comply with the following | 18 |
| requirements: | 19 |
| (1) An establishment must use single use disposable | 20 |
| needles on each client, or, if the same needle is used on | 21 |
| more than one client, then the needles used must undergo | 22 |
| sterilization procedures established by the Department | 23 |
| after each use. | 24 |
| (2) Single use ink must be used for tattoos. | 25 |
| (3) Any additional requirements established by the | 26 |
| Department.
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| Section 25. Duties of the Department; rulemaking.
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| (a) Before issuing a certificate of registration to an | 29 |
| applicant, the Department, or its designee, shall inspect the | 30 |
| premises of the establishment to insure compliance under the | 31 |
| requirements of this Act. | 32 |
| (b) Once a certificate of registration is issued, the | 33 |
| Department shall periodically inspect each establishment | 34 |
| registered under this Act to ensure compliance. |
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| (c)
The Department shall adopt any rules deemed necessary | 2 |
| for the implementation and administration of this Act. | 3 |
| Section 30. Expiration and renewal of registration; | 4 |
| display.
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| (a) A certificate of registration issued under this Act | 6 |
| shall expire and may be renewed every 2 years. | 7 |
| (b) Registration is valid for a single location and only | 8 |
| for the operator named on the certificate. Registration is not | 9 |
| transferable. | 10 |
| (c) The certificate of registration issued by the | 11 |
| Department shall be conspicuously displayed within the sight of | 12 |
| clients upon entering the establishment. | 13 |
| Section 35. Change of ownership.
In the event of a change | 14 |
| of ownership, the new owner must apply for a certificate of | 15 |
| registration prior to taking possession of the property. A | 16 |
| provisional certificate of registration may be issued by the | 17 |
| Department until an initial inspection for a certificate of | 18 |
| registration can be performed by the Department or its | 19 |
| designee. | 20 |
| Section 40. Denial; suspension; revocation; nonrenewal of | 21 |
| registration. A certificate of registration may be denied, | 22 |
| suspended, revoked, or the renewal of a
certificate of | 23 |
| registration may be denied for any of the following reasons: | 24 |
| Violation of any of the provisions of this Act or the rules | 25 |
| and
regulations adopted by the Department under this Act. | 26 |
| Conviction of an applicant or registrant of an offense | 27 |
| arising from
false, fraudulent, deceptive, or misleading | 28 |
| advertising. The record of
conviction or a certified copy shall | 29 |
| be conclusive evidence of the conviction. | 30 |
| Revocation of a certificate of registration during the | 31 |
| previous 5 years or surrender or
expiration of the certificate | 32 |
| of registration during the pendency of action by the
Department | 33 |
| to revoke or suspend the certificate of registration during the |
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| previous 5 years, if
before the certificate of registration was | 2 |
| issued to the individual applicant, a controlling
owner or | 3 |
| controlling combination of owners of the applicant, or any
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| affiliate of the individual applicant or controlling owner of | 5 |
| the applicant
or affiliate of the applicant, was a controlling | 6 |
| owner of the prior certificate of registration. | 7 |
| Section 45. Administration; enforcement. | 8 |
| (a) The Department may establish a training program for the | 9 |
| Department
agents for administration and enforcement of this | 10 |
| Act. | 11 |
| (b) In the administration and enforcement of this Act the | 12 |
| Department may
designate and use full-time municipal, | 13 |
| district, county, or multi-county
health departments as its | 14 |
| agents in the administration and enforcement of
this Act and | 15 |
| rules. | 16 |
| Section 50. Investigation; hearing; notice. The Department | 17 |
| may, upon its
own motion, and shall upon the verified complaint | 18 |
| in writing of any person
setting forth facts which if proven | 19 |
| would constitute grounds for the denial
of an application for a | 20 |
| certificate of registration, or refusal to renew a certificate | 21 |
| of registration, or revocation
of a certificate of | 22 |
| registration, or suspension of a certificate of registration, | 23 |
| investigate the applicant or registrant. The Department, after | 24 |
| notice and opportunity for hearing, may deny
any application | 25 |
| for or suspend or revoke a certificate of registration or may | 26 |
| refuse to renew a
certificate of registration. Before denying | 27 |
| an application or refusing to renew, suspending, or revoking a | 28 |
| certificate of registration, the Department shall notify the | 29 |
| applicant
in writing. The notice shall specify the charges or | 30 |
| reasons for the
Department's contemplated action. The | 31 |
| applicant or registrant must
request a hearing within 10 days | 32 |
| after receipt of the notice. Failure to
request a hearing | 33 |
| within 10 days shall constitute a waiver of the right
to a | 34 |
| hearing. |
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| Section 55. Conduct of hearing. | 2 |
| (a) The hearing shall be conducted by the Director, or
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| individual designated in writing by the Director as a hearing | 4 |
| officer.
The Director or hearing officer may compel by subpoena | 5 |
| or subpoena duces
tecum the attendance and testimony of | 6 |
| witnesses and the production of books
and papers, and | 7 |
| administer oaths to witnesses. The hearing shall be
conducted | 8 |
| at a place designated by the Department. The procedures | 9 |
| governing
hearings and the issuance of final orders under this | 10 |
| Act shall be in
accordance with rules adopted by the | 11 |
| Department. | 12 |
| (b) All subpoenas issued by the Director or hearing officer | 13 |
| may be
served as provided for in civil actions. The fees of | 14 |
| witnesses for
attendance and travel shall be the same as the | 15 |
| fees for witnesses before
the circuit court and shall be paid | 16 |
| by the party to the proceedings at whose
request the subpoena | 17 |
| is issued. If a subpoena is issued at the request of
the | 18 |
| Department, the witness fee shall be paid as an administrative | 19 |
| expense. | 20 |
| (c) In cases of refusal of a witness to attend or testify, | 21 |
| or to produce
books or papers, concerning any matter upon which | 22 |
| he or she might be lawfully
examined, the circuit court of the | 23 |
| county wherein the hearing is held, upon
application of any | 24 |
| party to the proceeding, may compel obedience by
proceeding as | 25 |
| for contempt as in cases of a like refusal to obey a similar
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| order of the court. | 27 |
| Section 60. Findings of fact; conclusions of law; decision. | 28 |
| The Director or hearing officer shall make findings of fact
and | 29 |
| conclusions of law in a hearing, and the Director shall
render | 30 |
| his or her decision, or the hearing officer his or her proposal | 31 |
| for
decision within 45 days after the termination of the | 32 |
| hearing
unless additional time is required by the Director or | 33 |
| hearing officer for a proper disposition
of the matter. A copy | 34 |
| of the final decision of the Director shall
be served upon the |
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| applicant or registrant in person or by
certified mail. | 2 |
| Section 65. Review under Administrative Review Law; venue; | 3 |
| costs. All
final administrative decisions of the Department | 4 |
| under this Act shall be
subject to judicial review under the | 5 |
| provisions of Article III of the Code
of Civil Procedure. The | 6 |
| term "administrative decision" is defined
under Section 3-101 | 7 |
| of the Code of Civil Procedure. | 8 |
| Proceedings for judicial review shall be commenced in the | 9 |
| circuit court
of the county in which the party applying for | 10 |
| review resides; provided,
that if the party is not a resident | 11 |
| of this State, the venue shall be in
Sangamon County. | 12 |
| The Department shall not be required to certify any record | 13 |
| or file any
answer or otherwise appear in any proceeding for | 14 |
| judicial review unless the
party filing the complaint deposits | 15 |
| with the clerk of the court the sum of
95˘ per page | 16 |
| representing costs of certification of the record or file.
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| Failure on the part of the plaintiff to make the deposit shall | 18 |
| be grounds
for dismissal of the action. | 19 |
| Section 70. Administrative Procedure Act; application. The | 20 |
| provisions of
the Illinois Administrative Procedure Act are | 21 |
| hereby expressly adopted and
shall apply to all administrative | 22 |
| rules and procedure of the Department
under this Act, except | 23 |
| that in case of conflict between the Illinois
Administrative | 24 |
| Procedure Act and this Act the provisions of this Act shall
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| control, and except that Section 5 of the Illinois | 26 |
| Administrative Procedure
Act relating to procedures for | 27 |
| rulemaking does not apply to the adoption of
any rules required | 28 |
| by federal law in connection with which the Department is
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| precluded by law from exercising any discretion. | 30 |
| Section 75. Penalties; fines. The Department is authorized | 31 |
| to establish
and assess penalties or fines against a registrant | 32 |
| for violations of
this Act or regulations adopted under this | 33 |
| Act. In no circumstance will
any penalties or fines exceed |
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| $1,000 per day for each day the registrant
remains in | 2 |
| violation. | 3 |
| Section 80. Public nuisance. | 4 |
| (a) Any establishment operating without a valid | 5 |
| certificate of registration or operating
on a revoked | 6 |
| certificate of registration shall be guilty of committing a | 7 |
| public nuisance. | 8 |
| (b) A person convicted of knowingly maintaining a public | 9 |
| nuisance
commits a Class A misdemeanor. Each subsequent offense | 10 |
| under this Section
is a Class 4 felony. | 11 |
| (c) The Attorney General of this State or the States | 12 |
| Attorney of the
county wherein the nuisance exists may commence | 13 |
| an action to abate the
nuisance. The court may without notice | 14 |
| or bond enter a temporary
restraining order or a preliminary | 15 |
| injunction to enjoin the defendant from
operating in violation | 16 |
| of this Act. | 17 |
| Section 85. Tattoo and Body Piercing Establishment | 18 |
| Registration Fund. There is hereby created in the State
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| Treasury a special fund to be known as the Tattoo and Body | 20 |
| Piercing Establishment Registration Fund. All
fees and fines | 21 |
| collected by the Department under this Act and any agreement | 22 |
| for
the implementation of this Act and rules under Section | 23 |
| 40(b) and any federal
funds collected pursuant to the | 24 |
| administration of this Act shall be deposited
into the Fund. | 25 |
| The amount deposited shall be
appropriated by the
General | 26 |
| Assembly to the Department for the purpose of conducting | 27 |
| activities
relating to tattooing and body piercing | 28 |
| establishments. | 29 |
| Section 90. The State Finance Act is amended by adding | 30 |
| Section
5.663 as follows:
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| (30 ILCS 105/5.663 new)
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| Sec. 5.663. The Tattoo and Body Piercing Establishment |
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| Registration Fund.
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