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GENERAL ASSEMBLY OF GEORGIA
March 23, 2004
03 LC 30 0701S
House Bill 183 (COMMITTEE SUBSTITUTE)
By: Representative Borders of the 142 nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a person under the general supervision of a licensed physician or osteopath who is within a certain location at the time of the procedure; to establish a misdemeanor offense of a high and aggravated nature for subsequent violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Code Section 16-12-5, relating to tattooing any person near his or her eye, in its entirety and inserting in its place the following:
" 16-12-5.
(a) As used in this Code section, the term 'tattoo' means to mark or color the skin of any person by pricking in, inserting, or implanting pigments , except when performed by a physician licensed as such pursuant to Chapter 34 of Title 43 .
(b) It shall be unlawful for any person , except a physician or osteopath licensed under Chapter 34 of Title 43 or a person acting under the general supervision of such licensed physician or osteopath who is located within the facility or an adjacent facility where the procedure is being performed at the time the procedure is being performed, to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor for a first offense and shall, upon a subsequent violation, be guilty of a misdemeanor of a high and aggravated nature . "
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
GENERAL ASSEMBLY OF GEORGIA
03 LC 33 0018
House Bill 183
By: Representative Borders of the 142nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against public health and morals,
so as to expand the exception to the misdemeanor of tattooing near
the eye when performed by an osteopath or a technician under the
supervision of a licensed physician or osteopath; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated,
relating to offenses against public health and morals, is amended
by striking Code Section 16_12_5, relating to tattooing any person
near his or her eye, in its entirety and inserting in its place
the following:
"16_12_5.
(a) As used in this Code section, the term 'tattoo' means to mark
or color the skin of any person by pricking in, inserting, or implanting
pigments, except when performed by a physician licensed as such
pursuant to Chapter 34 of Title 43.
(b) It shall be unlawful for any person, except a physician or osteopath
licensed under Chapter 34 of Title 43 or a technician acting under
the general supervision of such licensed physician or osteopath,
to tattoo the body of any person within any area within one inch
of the nearest part of the eye socket of such person. Any person
who violates this Code section shall be guilty of a misdemeanor."
SECTION 2.
This Act shall become effective upon its approval by the Governor
or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
16-5-71 G *** CODE SECTION *** 10/15/99 16-5-71. (a) It shall be
unlawful for any person to tattoo the body of any person under the
age of 18, except that a physician or osteopath licensed under Chapter
34 of Title 43, or a technician acting under the direct supervision
of such licensed physician or osteopath, and in compliance with
Chapter 9 of Title 31 shall be authorized to mark or color the skin
of any person under the age of 18 by pricking in coloring matter
or by producing scars for medical or cosmetic purposes. (b) Any
person violating the provisions of subsection (a) of this Code section
shall be guilty of a misdemeanor.
16-12-5 G *** CODE SECTION *** 10/15/99 16-12-5. (a) As used in
this Code section, the term "tattoo" means to mark or
color the skin of any person by pricking in, inserting, or implanting
pigments, except when performed by a physician licensed as such
pursuant to Chapter 34 of Title 43. (b) It shall be unlawful for
any person to tattoo the body of any person within any area within
one inch of the nearest part of the eye socket of such person. Any
person who violates this Code section shall be guilty of a misdemeanor.
31-40-2 G
*** CODE SECTION *** 10/15/99
31-40-2.
It shall be unlawful for any person to operate a tattoo studio
without having first obtained a valid permit for such studio. Such
permits shall be issued by the county board of health or its duly
authorized representative, subject to supervision and direction
by
the Department of Human Resources but, where the county board of
health is not functioning, the permit shall be issued by the
department. A permit shall be valid until suspended or revoked and
shall not be transferable with respect to person or location.
31-40-5 G *** CODE SECTION *** 10/15/99 31-40-5. (a) The Department
of Human Resources and county boards of health shall have the power
to adopt and promulgate rules and regulations to ensure the protection
of the public health. Such rules and regulations shall prescribe
reasonable standards for health and safety of tattoo studios with
regard to: (1) Location and cleanliness of facilities; (2) Sterilization
and Occupational Safety and Health Administration guidelines for
the prevention and spread of infectious diseases by all personnel;
(3) Informed consent by the person receiving a tattoo; (4) Procedures
for ensuring adequate explanation to consumers of the proper subsequent
care of a tattoo; and (5) Proper use and maintenance of tattoo equipment,
including dyes and pigments. (b) County boards of health are empowered
to adopt and promulgate supplementary rules and regulations consistent
with those adopted and promulgated by the department.
31-40-6 G *** CODE SECTION *** 10/15/99 31-40-6. The Department
of Human Resources and the county boards of health and their duly
authorized agents are authorized and empowered to enforce compliance
with this chapter and the rules and regulations adopted and promulgated
under this chapter and, in connection therewith, to enter upon and
inspect the premises of a tattoo studio at any reasonable time and
in a reasonable manner, as provided in Article 2 of Chapter 5 of
this title.
31-40-7 G *** CODE SECTION *** 10/15/99 31-40-7. Any person, firm,
or corporation operating a tattoo studio without a valid permit
or performing tattooing outside of a licensed tattoo studio shall
be guilty of a misdemeanor.
31-40-8 G *** CODE SECTION *** 10/15/99 31-40-8. The Department
of Human Resources is authorized and directed to develop and institute
a program of public education for the purpose of alerting the public
to the possible side effects and exposure risks of tattooing.
31-40-9 G *** CODE SECTION *** 10/15/99 31-40-9. Notwithstanding
any other provision of this chapter, the governing authority of
any county or municipality may enact more stringent laws governing
tattooing.
Georgia Code
TITLE 31 HEALTH
CHAPTER 40 TATTOO STUDIOS
31-40-1. Definitions.
As used in this chapter, the term:
(1) "Tattoo>" means to mark or color the skin by pricking
in, piercing, or implanting indelible pigments or dyes under the
skin.
(2) "<Tattoo> artist" means any person who performs
<tattooing>, except that the term <tattoo> artist shall
not include in its meaning any physician or osteopath licensed under
Chapter 34 of Title 43, nor shall it include any technician acting
under the direct supervision of such licensed physician or osteopath,
pursuant to subsection (a) of Code Section 16-5-71.
(3) "<Tattoo> studio" means any facility or building
on a fixed foundation wherein a <tattoo> artist performs <tattooing.
(Code 1981, §§ 31-40-1, enacted by Ga. L. 1994, p. 446,
§§ 2.)
31-40-2. Issuance of permits.
It shall be unlawful for any person to operate a tattoo studio
without having first obtained a valid permit for such studio. Such
permits shall be issued by the county board of health or its duly
authorized representative, subject to supervision and direction
by the Department of Human Resources but, where the county board
of health is not functioning, the permit shall be issued by the
department. A permit shall be valid until suspended or revoked and
shall not be transferable with respect to person or location.
(Code 1981, §§ 31-40-2, enacted by Ga. L. 1994, p. 446,
§§ 2.)
31-40-5. Rules and regulations.
(a) The Department of Human Resources and county boards of health
shall have the power to adopt and promulgate rules and regulations
to ensure the protection of the public health. Such rules and regulations
shall prescribe reasonable standards for health and safety of tattoo>
studios with regard to:
(1) Location and cleanliness of facilities;
(2) Sterilization and Occupational Safety and Health Administration
guidelines for the prevention and spread of
infectious diseases by all personnel;
(3) Informed consent by the person receiving a <tattoo>;
(4) Procedures for ensuring adequate explanation to consumers of
the proper subsequent care of a <tattoo>; and
(5) Proper use and maintenance of <tattoo equipment, including
dyes and pigments.
(b) County boards of health are empowered to adopt and promulgate
supplementary rules and regulations consistent with those adopted
and promulgated by the department.
(Code 1981, §§ 31-40-5, enacted by Ga. L. 1994, p. 446,
§§ 2.)
31-40-6. Enforcement of chapter; inspection of premises.
The Department of Human Resources and the county boards of health
and their duly authorized agents are authorized and empowered to
enforce compliance with this chapter and the rules and regulations
adopted and promulgated under this chapter and, in connection therewith,
to enter upon and inspect the premises of a tattoo studio at any
reasonable time and in a reasonable manner, as provided in Article
2 of Chapter 5 of this title.
(Code 1981, §§ 31-40-6, enacted by Ga. L. 1994, p. 446,
§§ 2.)
31-40-7. Criminal penalty.
Any person, firm, or corporation operating a tattoo> studio
without a valid permit or performing <tattooing> outside of
a licensed <tattoo studio shall be guilty of a misdemeanor.
(Code 1981, §§ 31-40-7, enacted by Ga. L. 1994, p. 446,
§§ 2.)
31-40-8. Public education program.
The Department of Human Resources is authorized and directed to
develop and institute a program of public education for the purpose
of alerting the public to the possible side effects and exposure
risks of tattooing.
(Code 1981, §§ 31-40-8, enacted by Ga. L. 1994, p. 446,
§§ 2.)
31-40-9. Enactment of more stringent laws.
Notwithstanding any other provision of this chapter, the governing
authority of any county or municipality may enact more stringent
laws governing tattooing.
(Code 1981, §§ 31-40-9, enacted by Ga. L. 1994, p. 446,
§§ 2.)
TITLE 16 CRIMES AND OFFENSES
CHAPTER 5 CRIMES AGAINST THE PERSON
ARTICLE 5 CRUELTY TO CHILDREN
16-5-71. Tattooing.
(a) It shall be unlawful for any person to tattoo the body of any
person under the age of 18, except that a physician or osteopath
licensed under Chapter 34 of Title 43, or a technician acting under
the direct supervision of such licensed physician or osteopath,
and in compliance with Chapter 9 of Title 31 shall be authorized
to mark or color the skin of any person under the age of 18 by pricking
in coloring matter or by producing scars for medical or cosmetic
purposes.
(b) Any person violating the provisions of subsection (a) of this
Code section shall be guilty of a misdemeanor.
(Code 1981, §§ 16-5-71, enacted by Ga. L. 1987, p. 443,
§§ 1; Ga. L. 1994, p. 446, §§ 1.)
48-13-9 G
*** CODE SECTION *** 10/15/99
48-13-9.
(a) A local government is authorized to require a business or
practitioner of a profession or occupation to pay a regulatory fee
only if the local government customarily performs investigation
or
inspection of such businesses or practitioners of such profession
or
occupation as protection of the public health, safety, or welfare
or
in the course of enforcing a state or local building, health, or
safety code, but no local government is authorized to use regulatory
fees as a means of raising revenue for general purposes; provided
that the amount of a regulatory fee shall approximate the reasonable
cost of the actual regulatory activity performed by the local
government.
(b) Examples of businesses or practitioners of professions or
occupations which may be subject to regulatory fees of local
governments include, but are expressly not limited to, the
following:
(1) Building and construction contractors, subcontractors, and
workers;
(2) Carnivals;
(3) Taxicab and limousine operators;
(4) Tattoo artists;
(5) Stables;
(6) Shooting galleries and firearm ranges;
(7) Scrap metal processors;
(8) Pawnbrokers;
(9) Food service establishments;
(10) Dealers in precious metals;
(11) Firearms dealers;
(12) Peddlers;
(13) Parking lots;
(14) Nursing and personal care homes;
(15) Newspaper vending boxes;
(16) Modeling agencies;
(17) Massage parlors;
(18) Landfills;
(19) Auto and motorcycle racing;
(20) Boarding houses;
(21) Businesses which provide appearance bonds;
(22) Boxing and wrestling promoters;
(23) Hotels and motels;
(24) Hypnotists;
(25) Handwriting analysts;
(26) Health clubs, gyms, and spas;
(27) Fortunetellers;
(28) Garbage collectors;
(29) Escort services;
(30) Burglar and fire alarm installers; and
(31) Locksmiths.
(c) Examples of businesses and practitioners of professions and
occupations which local governments are not authorized to subject
to
regulatory fees include, but are expressly not limited to, the
following:
(1) Lawyers;
(2) Physicians licensed under Chapter 34 of Title 43;
(3) Osteopaths licensed under Chapter 34 of Title 43;
(4) Chiropractors;
(5) Podiatrists;
(6) Dentists;
(7) Optometrists;
(8) Psychologists;
(9) Veterinarians;
(10) Landscape architects;
(11) Land surveyors;
(12) Practitioners of physiotherapy;
(13) Public accountants;
(14) Embalmers;
(15) Funeral directors;
(16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects;
(18) Marriage and family therapists, social workers, and
professional counselors;
(19) Dealers of motor vehicles, as defined in paragraph (1) of
Code Section 10-1-622;
(20) Owners or operators of bona fide coin operated amusement
machines, as defined in Code Section 48-17-1, and owners or
operators of businesses where bona fide coin operated amusement
machines are available for commercial use and play by the public,
provided that such amusement machines have affixed current
stickers showing payment of annual permit fees, in accordance with
Code Section 48-17-9;
(21) Merchants or dealers as defined in Code Section 48-5-354 as
to their deliveries to businesses and practitioners of professions
and occupations in areas zoned for commercial use; and
(22) Any other business, profession, or occupation for which state
licensure or registration is required by state law, unless the
state law regulating such business, profession, or occupation
specifically allows for regulation by local governments.
(d) This Code section shall not be construed to repeal other general
laws which allow or require regulation of businesses, occupations,
or professions by local governments.
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